10 December is earmarked as International Human Rights Day. It has been observed every year to honour the proclamation of the Universal Declaration of Human Rights (the UDHR) which was adopted in 1948. The Zimbabwe Human Rights NGO Forum (The Forum) joins the rest of the world in commemorating International Human Rights Day 2022 under the theme “Dignity, Freedom and Justice for all”. This year marks the 75th anniversary of the UDHR. The UDHR includes 30 Articles whose provisions have been adopted in regional and international human rights instruments as well as in domestic constitutions including in the Constitution of Zimbabwe, 2013 (the Constitution).
The Forum notes that the Constitution is a progressive document which entrenches cardinal principles that emphasize the entire human rights architecture such as constitutionalism, the rule of law, fundamental human rights and freedoms and good governance. Amendments to the Constitution over the last few years have made many questions about the sincerity of the government of Zimbabwe in abiding by the true principles of constitutionalism.
The Forum is concerned that the promise of the UDHR remains under threat and assault. Sustained efforts aimed at closing what is left of the civic and political space in the country ahead of the 2023 elections have been seen through significant amendments to the Private Voluntary Organizations Amendment Bill submitted on 7 June 2022 without submitting this new amended version to an inclusive and comprehensive consultative process with the citizens. A legislative proposal recently adopted by cabinet through the amendment of the Criminal Law (Codification and Reform) Act which seeks to regulate patriotism and criminalize the action of “self-serving citizens” who allegedly seek to tarnish the country’s image abroad also points to regression in terms of enjoyment of the right to freedom of opinion expression under Article 19 of the UDHR.
The Forum is disturbed by the continued deterioration of the human rights situation in Zimbabwe after documenting a total of 1 857 human rights violations by the State between the period January to September 2022. Politically motivated human rights violations continue with impunity. The death of Mboneni Ncube, who died after succumbing to injuries sustained after being attacked with a spear following the brutal violence meted out against opposition supporters at a Citizens Coalition for Change (CCC) rally in Kwekwe on 27 February 2022 is a reflection of citizens failing to afford each other aspirations contained in the UDHR. That the perpetrators of this gruesome murder are yet to face the full wrath of the law points to a government complicit in eliminating those perceived to be against it.
The Forum is worried about a growing trend of prolonged pretrial incarceration of political detainees characterised by repeated denial of bail on unreasonable grounds has also been observed by the Forum. Legislator Honourable Job Sikala remains in remand prison after he has sought and been denied bail on at least 7 occasions since June 2022. 14 citizens from Nyatsime spent about 150 days in remand prison before being granted bail. receiving bail. Furthermore, CCC legislator, Godfrey Sithole, also charged with inciting public violence in connection with the same case was only granted bail on 10 November 2022 after spending 149 days in detention without trial.
Arrested persons are presumed innocent until proven guilty and as such should not suffer the indignity and hardship of detention in prison unless there are compelling reasons justifying their detention. The Forum reiterates its previous call that there were no compelling reasons justifying the detention of these.
The Forum is perturbed by the scourge of child sexual abuse in Zimbabwe which destroys the dignity and well-being of the girl child and has also been magnified through the news of the two nine-year-old girls from Tsholotsho and Bindura respectively who fell pregnant after being repeatedly sexually abused. Realities such as these, magnify the scourge of child sexual abuse in Zimbabwe. It cannot be reiterated enough that women’s and children’s rights are indeed human rights and an onslaught to them is an onslaught to the general enjoyment of human rights for all.
Considering the above, the Forum calls upon the Government of Zimbabwe to ensure the protection and promotion of fundamental human rights in accordance with the UDHR by:
- ensure that everyone, including the opposition and civic society, is treated with dignity and respect;
- giving effect to constitutional provisions and aligning the country’s laws to the Constitution;
- launching thorough, independent, effective and transparent investigations into all unsolved cases of politically motivated violence and bringing suspected perpetrators to justice;
- taking concrete steps towards advocating for stiffer penalties in the context of child sexual abuse through the introduction of a minimum mandatory sentence in cases of rape and sexual violence levelled against children as a deterrent to future perpetrators, and by
- immediately refraining from enacting repressive legislation aimed at further constricting the remaining civic and political space in Zimbabwe.