Human rights in Zimbabwe, Arguments and analysis.docx (original) (raw)
Related papers
HUMAN RIGHTS RECORD AND DEMOCRACY IN ZIMBABWE SINCE INDEPENDENCE: AN OVERVIEW.
Journal of Sustainable Development in Africa, 2009
Human Rights and Democracy remain shrouded in hubbub in post-independence Zimbabwe. Zimbabwe got its independence from Britain in 1980 through an enduring armed liberation struggle. The consequent Lancaster House Conference guaranteed that the independence was a bargain arrangement. The leadership in Zimbabwe, led by Robert. G. Mugabe has ad infinitum used the liberation struggle as a discursive trump card to ward-off any censure on its human rights abuses and desecration of democratic principles. The Liberation struggle has relentlessly been used as a boon to get away with human rights despoliation and sacrilege of democratic precepts. This paper gives an analysis of human rights and democracy as contested concepts in Africa, in general, and Zimbabwe, in particular. The paper presents an appraisal of the human rights and democracy record in Zimbabwe drawing lessons from policies that the government has implemented since attaining self-government
The newly adopted Constitution of the Republic of Zimbabwe ushers in a new constitutional dispensation based upon a set of key constitutional principles. Such principles include the rule of law, judiciary independence, multipartism, government transparency and accountability, respect for fundamental human rights, constitutional supremacy and the doctrine of limited government, judicial review and constitutional separation of powers. Whilst it is true that these principles were provided for under the old Constitution, this book notes that the new Constitution has widened and deepened the scope of these principles. For instance, the new Constitution introduces a constitutional dispensation based upon a wider Declaration of Rights, which unlike the previous one, provides for socio-economic and cultural rights as fundamental rights. The first chapter of this book briefly discusses how these constitutional principles are provided for under the new Constitution of Zimbabwe and how they should shape the new constitutionalism in Zimbabwe. The book proceeds to identify the socio-economic and cultural rights provided for under the new Constitution of the Republic of Zimbabwe.The book also discusses the principles guiding the interpretation of the Declaration of Rights, enforcement as well as limitation of these rights and possible remedies against the limitation of these socio-economic and cultural rights. With reference to international law, decisions of superior foreign courts, the Zimbabwean jurisprudence as well as relevant academic works, this book provides a commentary on each socio-economic right; discussing the general meaning, scope and content of each of these rights. In examining the content and scope of these rights, this book extensively relies on academic works, international and foreign law because the Zimbabwean jurisprudence on these rights is still very young since the new Constitution is just one year old at the time of publishing this book. However, the local jurisprudence has been used as far as possible in providing these commentaries. It is our hope as authors of this book that this will be a useful tool in guiding lawyers, government officials, students, the judiciary and citizens as they seek to engage with and enforce the Declaration of Rights, particularly the socio-economic and cultural rights enshrined therein. Justice Alfred Mavedzenge Douglas Coltart 26 September 2014
Impediments to the Advancement of Human Rights by the ZHRC in Zimbabwe
International Journal of Law and Public Policy
Zimbabwe as a member of the United Nations (UN) ratified a number of human rights treaties and the establishment of the much awaited Zimbabwe Human Rights Commission (ZHRC) which was long overdue was a generally welcome development in the human rights arena. The ZHRC is a National Human Rights Institution (NHRI) established by the Constitution of Zimbabwe (No.20) Act 2013. The Constitution mandates ZHRC to promote, protect and enforce human rights and fundamental freedoms enshrined under the Bill of Rights. The operational legal framework of the ZHRC is provided for in the Zimbabwe Human Rights Commission Act [Chapter 10:30]. In collecting data questionnaires, interviews and documentary review were used. Against this backdrop, the paper mainly seeks to explore and analyse the challenges faced by the Zimbabwe Human Rights Commission (ZHRC) in executing its mandate. Methodologically, the study relied extensively on available literature and reports. The study revealed that the ZHRC has...
Why should Zimbabwe be considered as having a human rights crisis?
Zimbabwe’s human rights crisis can best be understood both in its historical context but if also seen on how they implicate both covenants on civil and political rights (ICCPR) and economic, social and cultural rights (ICESCR). If viewed out of historical context, or as violations under two distinct sets of covenants it would be hard to understand, let alone view the situation as a crisis. The problems are difficult to pitch at the right level, for example whether they are political or simply human rights. In my presentation I will take an approach that puts the two covenants at par in terms of the requirements of the Vienna Programme of Action to treat all human rights equally. Further, the Zimbabwean situation has been a slow burning situation involving both catastrophic individual events and cumulative events, which if viewed in their totality, led to indirect mortality which some term ‘soft genocide’.
The 2013 Elections in Zimbabwe: End of an Era for Human Rights Discourse?
This paper examines the implications of Zimbabwe's 2013 harmonised elections on the opposition's continued deployment of the rightsbased discourse to make moral and political claims against and demands of the state. Since 2000, two polarising strands of the human rights discourse -1) the right to self-determination and 2) civil and political rights -were deployed by the state and the opposition, respectively, in order to challenge extant relations and structures of power. The acutely strained state-society relations in post-2000 Zimbabwe emanated from human rights violations by the state as it responded to challenges to its political power and legitimacy. However, the relative improvement in the human rights situation in the country since the 2009 coalition government came into office, and during and since the recently concluded peaceful 2013 elections -the flawed electoral process itself notwithstanding -suggests a need for alternative new ways to make moral and political demands of the state in the future.
Human Rights and Policing: A Case Study of Zimbabwe
2012
Zimbabwe is a country where the issue of human rights evokes contentious debate. The gradual deterioration in the rule of law in the country since the attainment of independence in 1980 has raised questions on the fundamental principles of policing and human rights, (Hatchard 1993). It has become common knowledge that the framework for establishing the rule of law in Zimbabwe has fallen short of the expectations of the citizens and the international community. The Zimbabwe Republic Police (ZRP) being the sole law enforcing agency has had to contend with accusations of human rights violations which is proof that they are facing serious challenges in their attempt to balance human rights protection with national security, and public order. Human rights organizations are of the opinion that the Zimbabwe Republic Police (ZRP) have abdicated its constitutional functions, responsibilities and obligations. Police officers are responsible for some of the most serious human rights and rule o...
World Development, 2004
Law, University of Oslo. 2 We hesitate to assert again the truism that there is a real need for land reform. We simply do not believe that any land reform is better than none. The proof will be in what kind of land reform, how is it enacted, and who are the genuine beneficiaries. We believe that progressive land reform requires excellent planning in coordination with the beneficiaries, good technical support and the resources that both old and new farmers will really need. 3 The human rights treaties and covenants are listed in Part I.