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(ADVANCE
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.
.
.
SUMMARY OF ZIMBABWE'S
FIRST REPORT
TO THE
AFRICAN COMMISSION ON HUMAN AND PEOPLES RIGHTS
TO BE PRESENTED: OCTOBER 1992
.
.
Contents
~
l.
Introduction
1
2.
Zimbabwe's
Legal System
5
3.
Zimbabwe:
Human
Rights Record
1986
6
4.
5.
Zimbabwe:
Human
Rights Record
1987
9
6.
7.
-.
.
Unity Accord
10
Human Rights Groups
10
Zimbabwe:
Human Rights Record
1988
11
8.
Zimbabwe:
Human
1989
12
9.
Human Rights
and Labour Laws
12
10.
Human Rights
and Refugee
13
1l.
Zimbabwe:
Human Rights Record
1990
14
12.
Economic
Structural
Programme
15
13.
Zimbabwe:
Human Rights
1991
16
14.
Human Rights
System
17
15.
Conclusion
Rights Record
Policy
Adjustment
Record
and the Education
18
1.
INTRODUCTION
1.1
After
the attainment
of independence
in April
1980,
made
promotion,
protection
and
Zimbabwe
the
of
guaranteeing
the human
matter of priority
framework.
III
Chapter
The
Zimbabwe
"The
Declaration
which
individual
its people
in its constitutional
states the fundamental
~
rights of
rights and
every
and political
Constitution
of
person
a
in
itself,
Rights",
clearly
freedoms
of the
of
regardless
race,
,.
tribe, place of origin, political
-
.
creed
or
guarantees
freedom
and religion.
the
should
sex
of
The
enJoy,
expression,
All citizens
to
is
colour,
Constitution
conscience
press,
of Zimbabwe,
which
Constitution,
affiliation,
according
to
have
the
in
the
with
the
written,
inalienable
right
democratic
political
control of
the society
Constitution
further provides
for the independence
The
is
the
judiciary.
processes
by
provisions,
amendments
by organic
laws and
associated
in which
live.
they
Constitution
within
supplemented,
freely
participate
passed in the prescribed
legislation
of
invariably
lintits prescribed
other
The
passed
1n
its
manner
in the
ordinary way from time to time to fill in gaps and by
customs
and
conventions
machinery
of the Government.
regulating
the
working
. . ./2
2
1. 2.1
~s
Zimbabwe
Since
1980,
a mul ti-party
par I iamentary
democracy.
three
elections
been
with opposition
general
parties
parties are currently
Parliament
ZANU
1. 2.2
in the 150
number
held
Three
an active part.
represented
with the following
member
-
of seats:-
- 147
(PF)
ZUM
2
ZANU (NDONGA)
1
The Government
of Zimbabwe
of authority
participated
bodies
- .
taking
have
whose
safeguarding
has,
since
its assumption
in various
international
is
objective
the
of human rights world wide.
its undoubted
and profound
Nations
Conventions
African
Commission
support
on Human
on Human
and
protection
Rights
It has given
for the United
as well
and Peoples'
as the
Rights.
I
1. 2.3
Zimbabwe fully subscribes
on
Human
Rights
s~x
ratified
and
United
to the Universal
has
Nations
Rights
Conventions
actively
participated
promote
the human
fora
cited
Universal
pillars
above)
in the Commonwealth
rights
draw
Declaration
in the struggle
issue.
their
on Human
on
Human
on Human and
Zimbabwe
Convention.
and
signed
accordingly
Rights as well as the African Commission
Peoples'
Declaration
has
also
efforts
to
The international
inspirations
Rights
for human
from
the
and are major
rights.
. . . /3
.
',:
-
1.3
Between
1986
3 -
1991 Zimbabwe
-
acceded
to the following
conventions:
(i) International
forms
of
opened
for
Racial
November
ii)
Convention
International
November
Convention
on the
International
vi)
and
on
30
and
Punishment
of
on Civil
and Political
for
opened
1948);
and
signature
1966);
the Elimination
Against
of all forms of
Women
(adopted
18
1979);
International
Cultural
Convention
Rights
signature,
December
on
(adopted 9 December
on 16 December
Discrimination
December
and
(adopted and
ratification
Prevention
Convention
(adopted
Convention
Racial
30
1973);
ratification
(v )
on
ratification
on th~ Suppression
and
signature
the Crime of Genocide
Rights
and
(adopted
of the Crime of Apartheid
iii) Convention
iv)
and
signature
,opened for
.
Descrimination
of all
1973);
Punishment
-
on the Elimination
on
(adopted
ratification
and
and
Economics
and
opened
for
accession
on
1966).
. . . /4
16
4 -
-
vii) African
Commission
on
Human
Nations
and
Peoples'
Rights.
1.4
In
1990,
the
United
important
legal
instrument
-
one
adopted
other
the Convention on the
Rights of the Child - which was fully supported by
Zimbabwe,
as
legislation
that
children
for
it
was
the
highlighted
in a society
first
the
international
faced by
problems
that had taken their protection
granted.
Even before
Zimbabwe
acceded
to the said Convention,
steps had already been taken to redress the importance
of safeguarding
legislation
the rights
which
would
of the child
afford
such
by
enacting
protection.
A
case in point would be the Children Protection and
Adoption
for
Act which would prohibit
marriage
before
attaining
pledging
the
young girls
legal
age
of
majority.
1.5
Several
other
Human
being considered
Rights
with
conventions
are currently
the view of acceding
to them.
. . . /5
5 -
-
2.0
Zimbabwe'sLe~al
System
Zimbabwe's
system
legal
is based
law practices
Ango-American
common
The hierarchy
of the courts
Courts, Magistrates
and
Dutch
and
procedures.
Primary
is as follows:
Courts, High Court and the Supreme
Court.
The criminal
nature.
It is a constitutional
charged with
on Roman
crime~
law
system
to appear
fair trial and adequate
is adversarial
in
right
of all persons
in court
and receive
a
In the
legal representation.
community courts and the Magistrates'
Courts litigants
may
their
individually
whereas
appear
and
argue
in the High Court and Supreme
are obliged
to engage
is also
pro
representation
legal
meet
the
subject
unable
to
charges
such as murder
Court
litigants
to the State
providing
costs
for
for
criminal
development
although
legal
who
1 it igants
defence
for
are
serious
or treason.
A legal Aide system is being developed
a facility,
cases,
legal counsel.
The foregoing
deo
own
the adversarial
system
in the nature
sets
to provide such
character
limitations
and scope
of the
to
of operation
the legal aid system.
. . ./6
such
of
'-
- 6 2.2
The Zimbabwe constitution
interference
arbitrary
individual, privacy
However,
ln
from
with
the
the
to note that interference
the course
of effecting
arrest or search of individual
2.3
Travel
at home and abroad
restrictions.
2..4
Immigration
a
may
law suit
and premises.
is not subject
to official
is also not restricted.
It is on this legal framework
following
of
person
of family, home or correspondence.
it is important
take place
protects the individual
that
records
for the
years: 1986, 1987, 1988, 1990 and 1991, will
be based.
3.0
Zimbabwe's
will
3.1. 0
3.1.1
achievements
for
the
in the field
chronologically
described
basis beginning
in 1986.
Zimbabwe:
Human Ri~hts
Relaxation
Zimbabwe
made remarkable
good of promoting
year
political
this
analysed
and
military
then ZAPU were released
rights
be
report
on
a yearly
in 1986
of Laws Pertainin~
political
and
and
Record
Gradual
that
of
purposes
of human
progress
to Detention
in 1986 in the noble
safeguarding
human
rights.
detainees
including
figures
associated
In
leading
~"ith the
from jail.
. . . /7
-
3.1.2
7 -
for
the
Orderly
repatriation
speaking
refugees who had fled to Botswana
the Government.
efforts
at
Ndebele-
was made by
ZANU (the ruling party) redoubled
reconciliation
forces showed
of human
procedures
with
high discipline
ZAPU.
its
The security
as no alleged
violation
rights on their part was reported.
-
3.1. 3
In
ther~ was a marked
Matabeleland,
tensions
relaxation
of
in rural areas.
Despite the Government's
it is saddening
commitment
to reconciliation
to note that in 1986 alone dissidents
57
robberies.
There was no report against the Government
for human
rights violations.
murders,
always put upon itself
associated
46
rapes,
the task
with the disappearance
brought
to
book
punished
according
whoever
was
to
law.
the
The
and
armed
committed
104
Government
of finding
offenders
of civilians
apprehended
. . . /8
has
and has
and
has
- 8 -
3.1. 4
In
the
1986,
foreign
press
were
representatives
other human
and
allowed
inspect the Stops Camp detention
where
torture
and
alleged.
In
Honourable
Robert
the
release
Michael Auret
Peace.
investigate
abuses
3.1. 5
torture
was
Minister
of
Minister
the
Mugabe
int~rvened
Catholic
a
willingness
to
alleged
action
made
never
Hom'e Affairs
the top officials
and
involving
and will
activists
for Justice
also expressed
Government
rights
to order
Commission
and to seek remedial
The Zimbabwean
was
Gabriel
Ndebele,
cases
prisoners
Prime
and Nicholas
Ministers
of
then
human
to
in Bulawayo
the
prominent
of the Zimbabwean
Government
facility
mistreatment
June,
of
the
by
rights
human
immediately.
it clear
in 1986
on
record
a
times as having warned Senior
Police
torture
in Zimbabwe
would not be tolerated
that
The then
be condoned.
J.s
rights
numbe r
Officers
of
that
. . . /9
- .9 3.1. 6
In
1986 Zimbabwe accepted at least 26 000
persons from
These were
Mozambique
as
accommodated
a
displaced
humanitarian
gesture.
in four camps throughout
the
country.
4.0
Human
Zimbabwe:
difficulties
by persons
.-
4.1
affectin~
within
M.N.R. banditry
of 1987
rights
Rights
cases
of gross
and
Factors
of Human
Ri~hts
of Zimbabwe
in the first half
violations
of human
such
as murder,
kidnappings,
of civilians
and marked
brutality
to
exacerbated
the
and social
woes
women and children.
already
the enjoyment
the Jurisdiction
committed
disappearances
1987.
was rife in Zimbabwe
in which
were
Record
existing
These incursions
economic,
political
in the country.
4.2
During the same year, Zimbabwe
destabilisation
Regime.
from
activities
That regime
experienced
was inter
a spate of
the South
alia held
African
responsible
for the bombing of an apartm~nt
occupied by members of
the African
National
Congress
(S.A) killing
of innocent
people.
Later
rocked one of the shopping
extensive
damage
a number
in the year a bomb
centres
to civilians
in Harare,
blast
causing
and property.
.../10
-
Dissident
4.3
acti vi ty
widespread
lives.
violations
of
Unity Accord
5.1
On December,
of
and
loss
1987
alone
the
following
rights
by
were
dissidents
22 1987 President R.G. Mugabe and the then
ZAPU and ZANU (PF).
to
the
ruling
in one piece
one front.
their
agreement
ZAPU was the main opposition
the
two
united
on
aimed
at
keeping
the
and
party
and quelling
This paid dividends
and animosities
the basis
announced
sound principles
democratically
misery
of
property
of ZAPU, Dr Joshua Nkomo
to merge
nation
a spate
of
In
Human
left
22 Rapes and 80 armed robberies
5.0
party
Matabeleland
- 42 Murders
reported:
leader
in
destruction
innocent
-
10 -
dissident
activity
as the move solved
between
the parties
for most human rights
Human
6.1
Private
Zimbabwean
human
efforts
to increase
public
untold
which had been
abuse records
6.0
from
in the past.
Ri~hts ~roups
principles
and
the
rights
rule
groups
which
s~pport
awareness
of human
rights
of
operate
without
law
hindrance.
.../11
- 11 -
6.2
An
example of such an organisation is the Catholic
Commission
for Justice and Peace whose basic objective
is to promote
up
an
human
office
without
The organisations
rights.
from
where
obstruction.
it
is
legally
The Commission
operating
is also
to publish reports of its findings
has set
allowed
without facing
censorship.
7.0
Zimbabwe:
Human Ri~hts
7.2.1
In January
1988 the Supreme Court of Zimbabwe
Corporal
unconstitutional.
7.2.2
The
Punishment
Accord
Unity
violation
of human
activities
were
Amnesty Programme
helped
7.3
activity
announced
Though
slight
reported
up
a
towards
Political
rights.
end as the Government
1988.
1988
contributed
Dissident
extensive"!'y.
in April
Record
decreed
decreased
tensions relaxed
came
to an abrupt
the Amnesty
Programme
traces of dissident
to
April,
and the surrender
1988,
the
of 113 dissidents
to quell any further disturbances.
The State
of Emergency
MNR infiltrations
destabilisation
was renewed
from Mozambique
again
because
and South
of
Africa's
activities.
. . ./12
12 -
-
7.4
In October,
1988 Zimbabwe
played
host
International
sponsored
rock
concert
held
1n
commemoration
of
annivesary
of
the
Declaration
40th
the
of Human Rights.
such an event clearly
Zimbabwe
to an Amnesty
consent to host
marks the unabated
support
for
the cause of human rights.
8.0
Zimbabwe:
8.1
Zimbabwe's
Human Ri~hts Record:
continued
-
democracy
was
1989
to
commitment
evidenced
by
the
multi-party
of Edgar
formation
in April 1989.
Other
Tekere's
Zimbabwe Unity Movement
parties
like the UANC and ZANU (Ndonga) also continued
to operate.
9.0
Human
9.1
Workers in Zimbabwe have a right to strike action.
Ri~hts
and Labour Laws
But the Workers Union is required
by law to advise
Government
in advance
(2 weeks) of its intention
so.
instance,
l.n July
For
mechanics
walked
declared
the strike
workers.
In September,
cat strike.
Emergency
The
off
their
1989,
2
jobs.
The
technicians.
to do
railroad
Government
illegal but did not arrest the
PTC technicians
Government
invoked
powers to dismiss the workers
and temporary
000
the
measure
but immediately
went on a wild
the
State
of
as a deterrent
reinstated
.../13
the
( .
.
)
~
~
- 13 -
.'
9.2
Under
Zimbabwean
for the formal
to begin
labour
regulations
wage sector
enforce
there is no mechanism
age
is 18, but it is possible
an apprenticeship
difficul t to
the minimum
16.
at
this
It is, however,
in the farming sector as
to make such checks on behalf
of
of
labour
the
The
government
Government.
9.3
The
conditions
Government.
regulations
..
"
-
are
for each of the 22
by
regulated
publishes
labour
industrial
sectors
based on previously
negotiated
collective
agreements.
regulations
specify
wages,
safety
measures.
holiday
These
schemes,
average workweek
minimum
and
required
is 44 hours
bargaining
hours,
The
and the law prescribes
of one 24-hour period
of rest per week.
10.0
Human Ri~hts
10.1
At the end of 1989 an estimated
refugee population
80 000,
Mozambicans
four
of these
refugee
remainder
10.2
and Refu~ee
mainly
An estimated
Policy
79 500 were
camps
a
throughout
comprises
the
located
country.
was
in
The
South Africans.
100 000 Mozambicans,
farmers
were
eastern
parts of the country.
self-settled
in
many of them migrant
rural
areas
l.n the
.. . /14
- 14 About 3 000
and
- 35
these were in the age groups 18
of
they were repatriated
because they were
suspected
MNR affiliates.
10.3
All aspects concerning
of
the application
Refugee
status in Zimbabwe are governed by the Refugees
1983 which
is administered
by
the Zimbabwe
Act of
Refugees
Committee.
..
11. 0
Zimbabwe:Human Ri~hts Record 1990
11.1
Zimbabwe
showed
pluralism
by having
commitment
its
elections
to
democracy
~and
1990.
The
in March,
unified party (ZAPU and ZANU (PF) now called
won a landslide
11.2
victory and H.E. the President
80% of the Presidential
Mugabe
swept
unified
party won 117 of the contested
On February 8,
and Primary
created
hear
1980
Courts
a unitary
previously
only
customary
all
Court.
Cde R.O
The
ballot.
120 seats.
Parliament passed the Customary
Act with
no objection.
court
system
village
and
law cases.
in Zimbabwe,
community
Customary
The
judiciary
acts
The Bill
whereas
courts
could
law cases,
now be heard at all levels of the judiciary
Supreme
ZANU (PF)
can
up to the
independently
times.
. , ./15
at
".
- 15 -
.~
11. 3
The
Government in
bargaining
moved towards free collective
1990
and the removal
of restrictive
parameters
of minimum wages.
Relations
Act ensures workers
to
organise
and
Workers's
committees
The Labour
right
the management
the
.
4 -
11.4
take place on an
meets
with
trade union.
Government
abolished
the'Ministry
used to recommend
directly
of Labour
labour
The Government
salary increments.
and salaries
industry,
particular
boards which
of service
with
In a union-organised
association
employers'
to negotiate
Wage negotiations
basis.
powers.
bargaining
are empowered
the conditions
of their people.
industrywide
have
have the
a
appointed
conditions
also
and
abolished
salary and wage controls which it viewed as having
outlived
Labour
The role of the Ministry
their purpose.
to
is now only
monitor,
and
vet
of
register
agreements.
12.0
Economic
Structural
12.1
As
of
part
its
Adjustment
economic
Pro~ramme
recovery
programme,
announced
the
February
the
Structural
Adjustment
Programme
in order
controls
over
the
economy,
stimulate
investment
and increase
Government
~n
Economic
to
reduce
foreign
exports.
.../16
fJ
- 16 has created the Social Benefit
Fund to
help some of the people who will be retrenched
during
The
Government
ESAP.
The Government
has also taken it upon itself to
try and find alternative
by
retrain those affected
is also envisaged
by
r
h
to
if funds will be available.
It
to
Government
Human-Ri~hts
13.1
Zimbabwe
has a pending Criminal
murder
I
Record
Laws Amendment
and certain
military
renders
it incompetent
court to impose death
sentences
upon
addition
years
of
I
age.
death penalty
Bill
for all offences
Bill
In
the
unemployment
1991
death penalty
treason
will be
of ESAP.
Zimbabwe:
except
projects
alleviate
13.
abolishes
Government's
self-help
that
caused by the implementation
1991 which
for those affected
aim
is also
It
retrenchment.
promoted
employment
persons
crimes.
for
over
a
70
The Bill also seeks to abolish the
for women.
.../17
"
- 17 -
,.
13.2
Our
courts
have
declared
spare diet in prison as inhuman and degrading
punishment
and
a contravention
and
confinement
solitary
of section
forms of
15 of our
cons"ti tution.
13.3
The 30-day
investigative
detention
has
been
removed
with the lapse of the State of Emergency.
~
-.
14.0
Human Ri~hts
and the Education
14.1
The Government
is promoting
.
41 ~
Zimbabwean
14.2
schools
The Education
Certificate
Bill
System
Human Rights
in the following
for Living syllabus
and
of Rights.
Ordinary
Level
in
ways:-
for Zimbabwe
teach
They are required
awareness
Junior
the pupils
our
in written tests to
describe basic human rights as defined
in the Zimbabwe
Constitution.
14.3
14.4
Pupils
are
also
to
expected
identify
basic
human
rights and to critically
analyse:
freedom of speech,
freedom
freedom
of
of
worship,
association
and freedom of the Press.
The Ministry
of Education
the process
of writing
and Culture
a book which
assembly
and
is currently
in
includes
almost
all issues bn Human Rights.
. . . /18
..
r
,-
- 18 14.5
Some
of
the
Zimbabwean
issues
Schools
emancipation
.
..: '
c.
-
r,
,!
include:
equality
of sexesj
rights of a workerj
the law of
international
inheritancej
legislative
rights
learn
of womenj
structures
peace
pupils
justice;
the
Government
of
and
of the country.
CONcLUSION
The adherence
Zimbabwe
and
by the
commitment
to the respect
of Human
and Peoples'
Rights
and the rule of law remain pivotal to its domestic
The Government
foreign policy.
that the promotion
of Zimbabwe
and protection
and
the
for development
maintenance
of
peace
Consequently,
Zimbabwe
advance
law.
will
the respect
of human
and
continue
in all international
believes
is
prerequisite
world
and
of human rights
an essential
participate
..
in
human
on
security.
to
actively
fora whose aim is to
rights
and
the rule of