Itai Dzamara: State disregards Constitution

Zimbabwe is founded on the respect for the Constitution, the rule of law, fundamental human rights and freedoms and the recognition of the inherent dignity and worth of each human being.

Has been missing since March 2015 ... Itai Dzamara

Has been missing since March 2015 … Itai Dzamara

Section 2 of the Constitution states that “the obligations imposed by this constitution are binding on every person, natural or juristic, including the state and all executive, legislative and judicial institutions and agencies of government at every level, and must be fulfilled by them”.

CIZC is concerned that 11 months after the disappearance of human rights activist, Itai Dzamara; the issue is slowly being swept under the carpet and slowly being taken off from the public domain.

Of major concern is the fact that government, which has a responsibility to ensure protection of its citizens and upholding of fundamental human rights and freedoms has gone on a campaign, through the State media to discredit the missing activist who was allegedly abducted by State security agents because of his firm stance against President Robert Mugabe’s leadership.

The State is on record claiming that Dzamara was seeking attention through a stage managed disappearance.

This is however despite the fact that Dzamara’s abduction, which came after a series of protests challenging President Mugabe to resign, is synonymous with the elimination tactics of State security agents against opponents of the regime.

The State has since Dzamara’s disappearance on March 9, 2015 heightened our suspicion that it had a hand in the activists’ disappearance.

Disruption of prayer rallies to raise awareness on the missing Dzamara by the Zimbabwe Republic Police (ZRP), police brutality against peaceful demonstrators calling the government to account on Dzamara’s whereabouts as well as the failure by the law enforcement agents to abide by a High Court ruling to search for Dzamara and provide regular updates and the State media’s campaign to discredit the missing activist are genuine causes for suspicion among concerned Zimbabweans.

The State has apparently failed to realise that Dzamara, just like any other citizen of Zimbabwe, has fundamental rights and freedoms enshrined in the Constitution and that it (the State) has an obligation to ensure these rights are protected regardless of Dzamara’s political or social standing.

Dzamara’s issue has from the start, revealed government’s disregard of citizens’ fundamental rights and freedoms as evidenced by his brutal assault by police during his Occupy Africa Unity Square (OAUS) campaign during which he staged a series of peaceful protests calling on President Mugabe to resign for having failed the economy.

The action of the police was in clear defiance of Section 59 of the Constitution which guarantees the right to demonstrate and present petitions.

The State has shown contempt for Dzamara’s right to life (Section 48), right to personal liberty (Section 49), as well as the right to personal security (Section 52).

It is evident, from sentiments coming from the State media, that the State has chosen to classify Dzamara as an “agent of regime change” or some other unruly element unworthy of any form of attention yet his family continues to grieve in the absence of their bread winner.

President Mugabe’s spokesperson, George Charamba’s sentiments that the Dzamara issue is too trivial to bother the Zanu (PF) leader justifies the above assertion.

The State has thus chosen to look at the political side of things rather than fulfilling its constitutional mandate to ensure protection of its citizens while upholding their constitutional rights.

Zimbabwe’s Constitution states that all persons are equal before the law and have the right to equal protection and benefit of the law.

Section 56 (3) states that every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their political affiliation or opinion.

Dzamara, like any other Zimbabwean citizen, reserves his right to freedom of assembly and association, the freedom to demonstrate and petition, the right to make a political choice freely as well as freedom of conscience.

For us as CIZC, the government should stand guided by its constitutional obligations on the issue of Dzamara rather than try to pour cold water on the issue that has raised the concern of members of the international community such as the European Union (EU).

CIZC urges concerned Zimbabweans to explore all necessary avenues to ensure that they hold the executive, legislature and judiciary to account as far as respect and upholding of people’s fundamental rights and freedoms is concerned.

Our deepest fear is that Dzamara could add on to the list of activists that were allegedly abducted by State security agents and have not been accounted for since they went missing.

Lest we forget.

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