It is not clear what action the Zimbabwe Human Rights Commission can take to prevent future human rights violations, including bringing to book those who conducted the notorious "Operation Murambatsvina" and "Gukurahundi".
Clause 9 of the new bill says the ZHRC can investigate “only if the aggrieved person was a citizen, resident or visitor of Zimbabwe at the time the complaint occurred".
"The current Constitution of Zimbabwe provides for the enjoyment of rights to everyone in Zimbabwe with no limitation on the grounds of citizenship or residence status," the ZLHR said in their newsletter.
"It is progressive for the ZHRC to be able to receive complaints involving violations of the rights of visitors for human rights violations that occur while they are in Zimbabwe. However, the gap still remains with foreigners who are not necessarily visitors. To make matters worse, those who cannot be regarded as visitors (not having entered through the normal immigration procedures because of reasons beyond their control such as victims of trafficking) cannot approach the ZHRC for redress.
"This violates the fundamental right to non-discrimination on the basis of origin and other status as highlighted in the Constitution as well as key human rights instruments that Zimbabwe has ratified."
Clause 15, which relates to the State Liabilities would also apply to actions against State actors.
"The temporal jurisdiction is unduly restrictive and is probably the most controversial segment of this Bill," the ZLHR said.
"Effectively it stops the ZHRC from investigating or taking any other action in relation to violations (actions or omissions) which would have occurred prior to February 13, 2009.
"The temporal jurisdiction limitations seek to shield perpetrators of grave human rights violations and international crimes from investigation and prosecution as long as they perpetrated their evil deeds before February 13, 2009."
ZLHR says the atrocities of Operation Murambatsvina, the heinous crimes committed in the 1980s in Matabeleland and the Midlands during Gukurahundi, and even those crimes against humanity committed by the colonial regime prior to Independence in April 1980, would not be able to be considered by the ZHRC.
"This is further covering up a situation where violations which are clearly contrary to customary international law have been committed, have never been investigated or acted upon in any way, and now cannot even be discussed or considered in any manner by a national human rights institution," said the lawyers.
Post published in: Politics