Selected Challenges Associated with Civil and Political Rights Violations in Zimbabwe (Part 1)

• Author: Pontsho Mokone - Howard Chitimira
• Position: LLD Candidate, Faculty of Law, North-West University, South Africa - Associate Professor, Faculty of Law, North-West University, South Africa
• Pages: 5-24

JURIDICA

5

Studies and Articles

Selected Challenges Associated with Civil

and Political Rights Violations in

Zimbabwe

(Part 1)

Pontsho Mokone

1

, Howard Chitimira

2

Abstract: Various challenges have been associated with the violation of civil and political rights in

Zimbabwe before and after its political independence from the white minority rule in 1980 to date.

Thus, despite the fact that these civil and political rights wer e somewhat protected in t he Lancaster

House Constitution of Zimbabwe 1979 (SI 1979/1600) as amended by Act 1 of 2009 which

introduced amendment 19 of 2009 (Lancaster House Constitution) and subsequently, unde r the

Zimbabwe Constitution Amendment Act 20 of 2013 (Zimbabwe Constitution, 2013), various

violations of these rights could still be perpetrated by the offenders against the members of the public,

especially, during elections in Zimbabwe. Given this background, such civil and political rights

violations are discussed in two parts: firstly Part I of this article analyses historical aspects of civil and

political rights abuses, constitutional obligations arising from civil and political rights and legislative-

related challenges associated with the protection of such rights in Zimbabwe. Thereafter, Part II of the

next article discusses politically-related challenges, economic-related challenges, constitutional-

related challenges as well as regional and international law challenges pertaining to the protection of

such rights in Zimbabwe.

Keywords: Civil and political rights; protection; challenges; Zimbabwe; violations

1. Introduction

Civil and political rights are those rights that enable individuals to freely exercise

and enjoy their lives in their respective countries without discrimination,

1

LLD Candidate, Faculty of Law, North-West University, South Africa, Address: Private Bag

X2046, Mmabatho, 2745, South Africa, E-mail: pontshophila@gmail.com. This article was

influenced in part by M okone's LLM dissertation entitled An Analysis of the Protection of Selected

Civil and Political Rights under the Zimbabwe Constitution 2013. In this regard, she wishes to

acknowledge the expert input of Prof H. Chitimira.

2

Associate Professor, Faculty of Law, North-West University, South Africa, Address: Private Bag

X2046, Mmabatho, 2735, South Africa, Corresponding author: Howard.Chitimira@nwu.ac.za.

AUDJ, Vol. 14, No. 2/2018, pp. 5-24

ACTA UNIVERSITATIS DANUBIUS Vol. 14, no. 2/2018

6

infringement or oppression by governments, independent organisations a nd/or

other individuals. Thus, civil and political rights empower an individual to

participate freely in the civil and political activities that pertains to his or her

society without discrimination, victimisation or prejudice from any other persons

(Avocats Sans Frontières, 2017, page number unknown; the International Bar

Association, 2007, pp. 2, 15-59, for related examples of civil and political rights

violations in Zimbabwe). Civil and political rights are usually enforced as a vehicle

for the enjoyment of various freedoms and liberties for individuals in many

democratic countries.

1

Accordingly, for the purposes of this article, civil and

political rights include the right to life; freedom from torture or cruel, inhuman or

degrading treatment or punishment; freedom from slavery or servitude; freedom

from forced or compulsory labour; the right to personal liberty; the right t o

personal security; rights of arrested and detained persons; right to equality and non-

discrimination; right to privacy; freedom of assembly and association; freedom to

demonstrate and petition; freedom of conscience; freedom of expression and

freedom of the media; right to human dignity; freedom of movement and residence;

political rights; right to administrative justice; right to a fair hearing and rights of

accused persons (ss 48 to 70 of the Zimbabwe Constitution Amendment Act 20 of

2013 (Zimbabwe Constitution 2013); related rights were also protected under the

Lancaster House Constitution of Zimbabwe 1979 (SI 1979/1600) as amended by

Act 1 of 2009 which introduced amendment 19 of 2009 (Lancaster House

Constitution), see ss 12 to 23A). Nonetheless, despite the fact that civil and

political rights were somewhat protected in the Lancaster House Constitution (ss

12 to 23A) and subsequently, under the Zimbabwe Constitution 2013 (ss 48 to 70),

various violations of these rights have continued to be perpetrated against the

members of the public by the offenders, especially, towards and/or during elections

in Zimbabwe (Robertson, 2014, pp. 4-5; Dziva, Dube and Manatsa, 2013, pp. 85-

91; Asylum Research Consultancy, 2015, pp. 1, 72-224; the International Bar

Association, 2007, pp. 7-9, for further related comments). This clearly shows that

the mere fact that civil and political rights are protected under the Zimbabwe

Constitution 2013 does not in itself guarantee the enjoyment of, and/or respect for

1

See articles 1-51 of the International Covenant on Civil and Political Rights (ICCPR), adopted on 16

December 1966, G.A. Res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) 52, U.N. Doc. A/6316, 999

U.N.T.S. 171 (1966). The ICCPR came into force on 23 March 1976 and was eventually signed and

acceded to by Zimbabwe on 13 August 1991; see further articles 1 to 21 of the Universal Declaration

of Human Rights (UDHR), adopted on 10 December 1948, G.A. Res. 217A (III), U.N. Doc. A/180

(1948); articles 1 to 13 of the the African Charter on Human and People’s Rights (ACHPR). The

ACHPR was adopted on 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 in Banjul

(1982) and came into force on 21 October 1986.