Human Rights Commission we prefer

ROHR ZIMBABWE’S RECOMMENDATIONS FOR EFFECTIVE PROTECTION AND PROMOTION OF HUMAN RIGHTS IN ZIMBABWE

30 APRIL 2008

WHY ZIMBABWE NEEDS A HUMAN RIGHTS COMMISSION

ROHR Zimbabwe recognizes that the protection and promotion of human rights cannot be left to individuals or the government, and there is a need to create independent national institutions such as the Human Rights Commission (HRC), subject only to the Constitution and the law, to transform our society from its unjust and violent past and to deliver the fundamental rights in the constitution and relevant conventions on human rights to all in Zimbabwe.

The historical governance model and culture of violence in the nation stems from the background of intolerance dating back to the struggle for Zimbabwe independence. The same culture was adopted by the ZANU PF government and has been the tone of Zimbabwe’s democracy even to this day. The most visible episodes where man made human rights calamities can be traced back to the Gukurahundi massacre where President Mugabe deployed the Korean trained fifth brigade to wipe out alleged dissidents in Matebeleland and Midlands provinces. In the process unspeakable affronts innocent people’s rights were committed. To date the actual figures of the violations ranging from loss of life, disability, destruction of homes, livelihoods, and property still remain unrecorded.

This same culture informed the violent war waged against white farm owners in what became known as the Third Chimurenga in 1999 -2000. The chaotic nature of the repossession of farms has been the major contributor of the economic collapse of Zimbabwe. At the current president’s instigation, lives were lost during violence that occurred during 2000 and 2002 elections. This violence pioneered the role youth and trained militia play in perpetrating violence, intimidation, and rape in the name of defending the nation from western influence thereby laying the seed for the polarization of our society that we still grapple with today.

The same government was responsible for an operation called Murambatsvina (Clean up trash) which left more than 1 million people without shelter and livelihood. Children, women and the disabled were the most affected. Today the nation is still to heal from the inter-elections politically motivated violence that claimed more than 170 lives, children included, simply because the ZANU PF party regarded Zimbabwe as exclusively reserved for their rule forever and the violence they unleashed on defenseless citizens was apparently in retribution for the march 29 plebiscite that upset ZANU PF’s majority in the house of Assembly.

Invariably the analysis of the historical progression of violations is incomplete without mentioning the role played by the executive in undermining the effective independent operations of state institution such as the judiciary, attorney general’s office, army, police and state security. This all stems from the failure to separate the government and the political party. Zimbabwe’s checks and balances were compromised. This made it easy therefore for ZANU PF to deny people’s right to access of information by banning private television stations, three independent newspapers the daily News, the Daily News on Sunday and the tribune in 2003. The final nail to Zimbabwe economy came when the Government stooped as low as to determine individual price lists of businesses in Harare in an operation termed ‘Dzikisai mutengo’ where businesses and investors were forced to sell their products and services at prices below the cost price. Most businesses failed to breakeven closed and some investors relocated to neighboring countries. Unemployment rose.

The dictatorial tendencies of African regimes as proved by the ZANU PF government inimical to people’s rights and freedoms and therefore, paradigm shift have to be made for real change to be achieved.

Cognizant of this fact, and also that human rights cannot be achieved solely through legislation and administrative arrangements, the inclusive Government must establish the appropriate checks and balance models. This is done through the formation, and reconstructing truly independent national institutions that comply with the General Assemblyresolution A/RES/48/134 of 20 December 1993 known as the (Paris declaration) to which Zimbabwe is party.

It is on that basis that ROHR Zimbabwe welcomes the intention to establish a human rights commission as legalized by section IV/ 100Q of the 19th amendment of the constitution. However as ROHR Zimbabwe it is our considered view that giving the right to the President to appoint the chairperson and his/her commissioners in not consistent with the Paris declaration and violates the principles governing the independence of such an national institutions.

For the commission to be relevant to the people of Zimbabwe in its fulfillment of its mandate Restoration of human rights proposes the following standards

1. The constitution must make a provision in its text that gives the commission as broad a mandate as possible, specifying its composition and its sphere of influence. To this end no person no matter how powerful in rank and influence should be above investigation of rights violations. The culture of impunity has to stop.

2. The Human rights commission should establish a secretariat and the necessary infrastructure suitable for the smooth conduct of its activities. It that respect, the commission should be properly funded. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the government and not be subject to financial control which might affect this independence.
3. In order to ensure a stable mandate for the members of the institution, without which there can be no real independence, their appointment of the chairperson and the 8 commissioners (proposed in the amendment 19 of Zimbabwe constitution) must be effected by an official act of parliament which should specify their mandate and duration of their term. Therefore, the provision of the amendment 19 that reserves the power to appoint the commissioners and the chairperson of the HRC is not proper as it compromises the independence of the institution.
4. The institution should be truly independent and subject only to the Constitution and the law of Zimbabwe, and they must be impartial and must exercise their powers and perform their functions without fear, favor or prejudice.
5. The new constitution must make the Universal bill of rights legally enforceable and make it a cornerstone of Zimbabwe’s democracy and compel the state to respect, protect, promote and fulfill the rights in the bill of rights.
6. Other organs of state, through legislative and other measures, must be revamped and reconstituted enable them to assist and protect these human rights commission to ensure its independence, impartiality, dignity and effectiveness.
7. In the lifetime of the inclusive Government, the collective consensus of the joint political will, person or organ of state should not interfere with the functioning of these institutions.
8. The HRC, like any other national institution, must only be accountable to the house of assembly, and must report on their activities and the performance of their functions to parliament on a regular basis either semi-annually or annually.

The functions and responsibilities of the Zimbabwe Human Rights Commission should among others be as follows:

To receive and investigate complaints from individuals (and occasionally, from groups) alleging human rights abuses committed in violation of existing national law.

Systematically review the government's human rights policy in order to detect shortcomings in human rights observance and to suggest ways of improving it.

Monitor the State's compliance with its own and with international human rights laws and if necessary, recommend changes. In that connection, the national institution should examine the legislation and administrative provisions in force, as well as bills and proposals, and make such recommendations as it deems appropriate in order to ensure that these provisions conform to the fundamental principles of human rights. It should, when necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures;

Drawing the attention of the government to situations in any part of the country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an opinion on the positions and reactions of the government. It has a duty to advocate for the immediate repealing of draconian pieces of legislature such as Public Order and Security Act (POSA), Access to Information and Protection of Privacy Act (AIPPA) and Broadcasting Services Act (BSA) that stand averse to people freedom of assembly, association and right to information.

To promote and ensure the harmonization of national legislation, regulations and practices with the international human rights instruments to which the State is a party, and their effective implementation;

To publicize human rights and efforts to combat all forms of discrimination and intolerance, in particular political discrimination and intolerance, by increasing public awareness, especially through information and education and by making use of all press organs.

In keeping its independent nature, the commissions must be generally composed of a variety of members of social standing from diverse backgrounds but each with a particular interest, expertise or experience in the field of human rights. The members should not be found to have a previous record of human rights violation and/or injustices. On the composition suggested by the inclusive government, we welcome the provision that constitutionally reserves four seats out of the eight for women appointment as commissioners to balance gender composition.