ZLHR challenges govt to advance AU common values

AS Zimbabwe joins the rest of Africa on 25 May 2013 in celebrating Africa Day, Zimbabwe Lawyers for Human Rights (ZLHR) calls for reflection by the Inclusive Government (IG) on its collective responsibility to further the objectives of the African Union (AU).

The founding fathers of the continent were motivated by the values of unity, promotion of common values of peace, security, stability and prosperity for Africans to create the Organisation of African Unity now known as the African Union 50 years ago. As we celebrate Africa Day, these values must be reaffirmed.

However, ZLHR regrettably notes failure by the IG to uphold these common values. Good governance principles remain alien to most Zimbabweans who have to grapple with state sponsored repression which continues to erode people’s freedoms and deepening poverty on a daily basis. Tangible measures still have to be taken to promote and protect human rights including those of vulnerable and disadvantaged citizens and groups such as women, children and those living with disabilities.

With the inevitable occurrence of elections in Zimbabwe later this year and their link to, and impact on regional and continental peace, security and economic development, ZLHR notes with sadness the continued failure by the IG to adopt and implement concrete measures to promote democratic principles and institutions, popular participation and good governance in accordance with the minimum standards set within the AU framework.

It is worrying that the IG continues to procrastinate in implementing recommendations of the AU organs such as the African Commission on Human and Peoples’ Rights which recently delivered a landmark ruling directing the Harare administration to allow its citizens in the diaspora to vote in the March constitutional referendum and forthcoming national elections.

There also continues to be a deafening silence and no significant progress towards accepting through ratification and domestication of one of the key instruments that will advance democracy, peace and security in Zimbabwe, the region, and the continent as a whole, the African Charter on Democracy, Elections and Good Governance (The African Charter on Democracy) that came into force on 15 February 2012.

The African Charter on Democracy seeks to promote adherence by African states to the universal values and principles of democracy and respect for human rights premised upon the supremacy of the constitution and the respect for the rule of law. The African Charter on Democracy seeks to usher in a new era on our continent that establishes a link between free and fair elections, good governance and the enjoyment of human rights by the citizens. The African Charter on Democracy further proclaims a new dawn of democracy rooted in the rule of law and gives further impetus to Africa’s commitment to the principles of transparency and accountability in government. It reaffirms the primacy of the rule of law and calls on state parties to initiate appropriate measures, including legislative, executive and administrative actions to bring State Parties’ national laws and regulations into conformity with the African Charter on Democracy.

The IG has after fifteen months of the effective date of this instrument neither signed nor ratified this landmark instrument.

ZLHR calls for commemoration of the 2013 Africa Day in Zimbabwe with a purpose. The importance of common values leading to recognition of this day is greatly undermined and of no effect to the lives of ordinary citizens if the IG continues to fail to contribute positively and proactively to further peace and security. Common values enjoin the IG to acknowledge instruments such as the African Charter on Democracy and respect and abide by recommendations of institutions such as the African Commission on Human and Peoples’ Rights that have been set up to advance these common African values. Inaction by the IG to promote the common values, remains unacceptable and a dereliction of duty to facilitate peace and security in the country and broadly on the continent.

As Zimbabwe joins other countries in celebrating the birth of a united African Continent focused on the promotion of common values of dignity, peace, stability and prosperity for its people, ZLHR calls upon the government of Zimbabwe to:

Ratify the African Charter on Democracy, Elections and Good Governance to show its commitment towards the values encapsulated in the Charter

Domesticate the African Charter on Democracy framework through initiation of appropriate measures – including legislative, executive and administrative actions – to bring the national laws and regulations into conformity with the African Charter on Democracy

Take measures to implement recommendations of the African Commission on Human and Peoples’ Rights to facilitate the diaspora vote

Reaffirm the primacy of principles of good governance, democracy and the rule of law in society in conformity with the African Charter on Democracy

ZLHR further calls upon the government to respect and adhere to the provisions of the SADC Guidelines on Elections as the country prepares to hold elections which the rest of the world is watching and to accept the outcome of the polls held under a free and fair environment.

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