Source: United Nations – Geneva
The Human Rights Committee today concluded its consideration of the second periodic report of Zimbabwe on how it implements the provisions of the International Covenant on Civil and Political Rights. Committee Experts congratulated the State for passing a law that officially abolished the death penalty, while raising questions on land reform and the independence of the judiciary.
A Committee Expert congratulated the State party for passing the law that officially abolished the death penalty on 31 December 2024, which was a historic step forward, demonstrating the country’s commitment to protecting the fundamental right to life and human dignity of its people. The Expert asked about measures Zimbabwe would take to incorporate the abolition of the death penalty into the Constitution and commute all death sentences that were pending rehearing.
Another Committee Expert said a reliable report indicated that expropriated white-owned farms were often redistributed to the Zimbabwe African National Union – Patriotic Front elite, allowing high-level officials to bypass the one-farm-per-official policy. What were the objective criteria for land redistribution, and what mechanisms ensured transparency and impartiality?
One Expert said reports indicated that judges who had failed interviews had been appointed to the High Court, and that the judicial promotion process was not subject to the same level of public scrutiny as initial appointments. How did the State party ensure that the public interview process was respected in practice, and that judges remained fully independent, including in high-profile cases involving the Government?
Responding to questions, the delegation said Zimbabwe had embarked on phases of land reform, from 1980 to 2000 and from 2000 to the present day. These reforms aimed to address inequalities in the country and decongest rural areas, as well as to enhance agricultural productivity. The process continued to be fine-tuned, including through the Global Compensation Agreement signed in 2021, which outlined a mutual agreement to the payment of 3.5 billion United States dollars in compensation. The payment of compensation was ongoing.
The delegation said the Constitution stated that courts needed to operate free from interference. In Zimbabwe, judges were not elected by the people, but rather were appointed by the President after consultation with the independent Judicial Service Commission, which had its own budget and was able to pay salaries for judicial officers, safeguarding them from outside influence. A digital case management system had also increased judicial independence, ensuring the judiciary had sole autonomy regarding the allocation of cases to judges, without influence from the Executive.
Presenting the report, Nobert T. Mazungunye, Deputy Minister of Justice, Legal and Parliamentary Affairs and head of delegation, said Zimbabwe was proud of the advancements achieved through significant legislative reforms, administrative measures and its strong commitment to democratic processes. One of the most significant achievements in Zimbabwe’s human rights trajectory was the enactment of the Death Penalty Abolition Act on 31 December 2024, a historic milestone in the country’s development.
On the death penalty, the delegation added that some 48 inmates who were due to be executed had had their executions halted. They would all be brought before the court before renewed sentencing. A bill to amend section 48 of the Constitution, a step in ensuring the death penalty was abolished, had been introduced by a member of the opposition to Parliament and was supported by the Government.
Mr. Mazungunye said it was important to acknowledge that Zimbabwe continued to face a heavy burden due to the negative impact of unilateral coercive measures imposed by some Western countries. These had suffocated Zimbabwe’s economy and undermined the Government’s capacity to fully implement programmes and initiatives that were critical to promoting and protecting civil and political rights.
In concluding remarks, Mr. Mazungunye expressed gratitude for the opportunity to engage in dialogue with the Committee. The State was dedicated to implementing the necessary steps to ensure the rights enshrined in the Covenant were fully realised by all Zimbabweans.
Changrok Soh, Committee Chairperson, extended sincere appreciation to the high-level delegation of Zimbabwe for their willingness to engage in a constructive dialogue with the Committee. Mr. Soh thanked all those who had contributed to the dialogue.
The delegation of Zimbabwe was made up of the Permanent Secretary for Justice, Legal and Parliamentary Affairs and representatives of the Ministry of Justice, Legal and Parliamentary Affairs; Zimbabwe Prisons and Correctional Services; Zimbabwe Republic Police; Inter-Ministerial Committee; Ministry of Finance, Economic Development and Investment Promotion; Ministry of Home Affairs and Cultural Heritage; Ministry of Foreign Affairs and International Trade; and the Permanent Mission of Zimbabwe to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-third session is being held from 3 to 28 March 2025. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. on Monday, 11 March to begin its consideration of the seventh periodic report of Mongolia (CCPR/C/MNG/7).
Report
The Committee has before it the second periodic report of Zimbabwe (CCPR/C/ZWE/2).
Presentation of Report
NOBERT T. MAZUNGUNYE, Deputy Minister of Justice, Legal and Parliamentary Affairs and head of delegation, said Zimbabwe was proud of the advancements achieved through significant legislative reforms, administrative measures and its strong commitment to democratic processes. The journey had been marked by a strong dedication to establish a more transparent, inclusive and participatory political environment. One of the most significant achievements in Zimbabwe’s human rights trajectory was the enactment of the Death Penalty Abolition Act on 31 December 2024, a historic milestone in the country’s development. By abolishing the death penalty, Zimbabwe had taken a decisive step towards aligning its legal framework with international human rights standards. This Act represented a transformative shift in the country’s legal landscape; it replaced existing statutes with sentences focused on rehabilitation, proportionality and justice.
The Constitution and the Electoral Act were amended to further enhance transparency, credibility, and inclusivity in the electoral processes. These amendments extended the women’s quota for members of Parliament by two Parliamentary terms. A youth quota was introduced and implemented in the National Assembly as well as a 30 per cent women’s quota for the local authorities. To enhance transparency, 2023 harmonised elections were carried out in 46 counties and 17 continental and regional bodies. Zimbabwe was party to the African Charter on Democracy, Elections and Governance of the African Union, reinforcing the country’s commitment to ensuring free, fair and transparent elections.
To enhance welfare of citizens, including those in the diaspora, in December 2021, the Government launched the biometric e-passport and had since continued to ramp up the establishment of e-passport centres in destinations like South Africa and the United Kingdom, to ensure efficient, secure and expeditious passport processing for citizens living abroad. The Government also enacted the Freedom of Information Act and the Maintenance of Peace and Order Act, providing for the constitutional rights of expression and freedom of the media. The Act also provided for protection of the rights of freedom of assembly, association, demonstration and petitioning.
A key step towards enhancing access to justice in Zimbabwe had been the decentralisation of courts, the Legal Aid Directorate, the Pre-Trial Division and the Community Service to districts, significantly reducing the geographical barriers faced by citizens in accessing judicial services. The introduction of a performance management system for the judiciary improved its efficiency and effectiveness, and the Integrated Electronic Case Management System rolled out in superior courts was now being cascaded to the lower courts. Zimbabwe had passed into law the Prisons and Correctional Service Act, which included explicit provisions on rehabilitation and correctional services which were not provided for in the previous statute.
In 2024, Zimbabwe established an Independent Complaints Commission under the Independent Complaints Act, the mandate of which was to ensure transparency and fairness between the country’s security institutions and the public. Citizens could report grievances against security personnel without fear; the Commission had the authority to investigate complaints, misconduct and abuse of power.
It was important to acknowledge that the country continued to face a heavy burden due to the negative impact of unilateral coercive measures imposed by some Western countries. These had suffocated Zimbabwe’s economy and undermined the Government’s capacity to fully implement programmes and initiatives that were critical to promoting and protecting civil and political rights. The economic constraints caused by these illegal economic sanctions had hindered the provision of essential resources for governance, infrastructure development and social services. Zimbabwe condemned these sanctions and continued to call for their immediate and unconditional removal. Despite these challenges, Zimbabwe was steadfast in its commitment to promoting and protecting all civil and political rights.
Questions by Committee Experts
A Committee Expert congratulated the State party for passing the law that officially abolished the death penalty on 31 December 2024, which was a historic step forward, demonstrating the country’s commitment to protecting the fundamental right to life and human dignity of its people. However, it appeared that there were still some issues that needed to be addressed by the State party to further affirm its commitment in this regard. The Committee was aware that notable steps had been taken by the State party in terms of improving respect for human rights in the country, however some issues of concern remained.
It was understood that the State party was in the process of aligning subsidiary legislation to conform with 2013 Constitutional provisions, which was a welcome development. However, there were concerns that some of the ongoing Constitutional amendments had yielded regressive results that restricted rights to freedom of expression, assembly and association, including the Patriot Act, and the Maintenance of Peace and Order Act, among others. What measures would the State party take to repeal legislative amendments that apparently impeded the exercise of fundamental rights and freedoms provided in the Constitution and the Covenant? Would Zimbabwe withdraw the Private Voluntary Organization Bill and ensure the autonomy of civil society organizations to operate without reprisals? What steps would be taken to expedite the alignment of existing laws to ensure that such laws were fully in conformity with the Constitution and its obligations under the Covenant?
Could the State party provide relevant examples of cases in which the provisions of the Covenant had been invoked by national courts? Could the exact place of the Covenant in the hierarchy of laws in Zimbabwe’s legal system be clarified? What measures were being taken to raise awareness of the Covenant among the public, Government officials, judges, lawyers and prosecutors? The State party was considering ratification of the first Optional Protocol of the Covenant, which was a welcome development. Could a timeline for this process be provided?
The information provided by the State party regarding the Zimbabwe Human Rights Commission, including the functional mandates given to it under its establishment Act, were well noted and appreciated. However, reports indicated that the Commission still faced several challenges in discharging its legal mandates in practice. What steps did the State party plan to take to provide sufficient financial and human resources to the Commission to enable it to carry out its mandate? The Commission’s independence appeared to be threatened by the backlash from the Executive, when the latter sought to cover up accountability. What steps would the State party take to ensure the independence of the Commission free from undue interference by the Executive, including aligning the Commission’s Act with the 2013 Constitution? What steps would be taken to adopt a clear, transparent, participatory and merit-based process for the selection and appointment of the senior leadership of the Commission?
The Expert welcomed the ruling of the High Court of Zimbabwe that section 2(1) of the Termination of Pregnancy Act of 1977 was unconstitutional and invalid. This ruling broadened access to safe and legal abortion for minors and survivors of rape, including marital rape. What steps would the State party take to revise the relevant provisions of the Termination of Pregnancy Act with a view to bringing it into conformity with the ruling of the High Court? Reports from several stakeholders indicated that women continued to face barriers in accessing basic sexual and reproductive health services and unsafe abortions, contributing significantly to the high maternal mortality rate in Zimbabwe. Could updated statistics on maternal and infant mortality in urban and rural areas be provided? What efforts were underway to reduce high rates of maternal mortality and ensure full and unimpeded access to sexual and reproductive health services and contraception?
Zimbabwe had taken a commendable step in passing the 2024 Death Penalty Abolition Act, marking a significant milestone toward affirming the fundamental right to life and human dignity in the nation’s history. However, it appeared that further steps needed to be taken by the State party to remove any uncertainty about its firm commitment towards abolishing the death penalty. What measures would Zimbabwe take to remove the provision which allowed for the reinstatement of the death penalty in cases of states of emergency; to ratify the Second Optional Protocol to the Covenant; incorporate the abolition of the death penalty into the Constitution of Zimbabwe; and commute the sentences of all persons sentenced to death that were pending rehearing?
The Zimbabwe Anti-Corruption Commission had a clear constitutional foundation. However, it was allegedly being operated to target political opponents and used as a tool for short-term arbitrary detentions. Who nominated the eleven members of the Commission and what criteria guided their selection? How was the organization administered in practice? Additionally, the Committee has received information that in May 2018, a new entity was established, seemingly bypassing the Commission. Did the new entity have a constitutional basis? How was it currently operating? What types of cases had been brought to the anti-corruption courts, and what was the ratio of those that had resulted in convictions or penalties?
A reliable report indicated that expropriated white-owned farms were often redistributed to the Zimbabwe African National Union – Patriotic Front elite, allowing high-level officials to bypass the one-farm-per-official policy. What were the objective criteria for land redistribution, and what mechanisms ensured transparency and impartiality? What measures had the State party implemented to prevent threats against magistrates and judges handling corruption cases? Could information be provided on specific cases, particularly those of Hopewell Chin’ono, an award-winning journalist, and Jacob Ngarivhume, the leader of the political group Transform Zimbabwe?
Zimbabwe faced serious environmental challenges but was a party to numerous treaties and had demonstrated strong commitment to various programmes and strategies aimed at addressing these issues. How did the Government assess their effectiveness, and what measures were in place to strengthen enforcement? Concerns had been raised about illegal mining in Chimanimani National Park, allegedly involving park rangers; what actions were being taken to address these issues? How was international climate-related funding being redistributed, particularly at the local level? Could a more detailed explanation of the current disaster risk management strategies be provided? Was knowledge of disaster preparedness, including early warning systems, widely disseminated among local communities? How did the Government ensure that vulnerable populations were adequately informed and equipped to respond to disasters?
Did the State party plan to accede to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Convention for the Protection of All Persons from Enforced Disappearance? Were there any obstacles preventing accession? Could the State party confidently assert that the existing provisions fully covered torture and cruel, inhuman, or degrading treatment? What oversight mechanism did the State party have in place to ensure the protection of torture and enforced disappearances? Could the State party provide statistical data on the number of complaints received regarding misconduct by law enforcement and the security forces, and the corresponding investigations? Could information be provided on human rights training provided to judges, prosecutors, and law enforcement and security forces?
Another Expert said the Committee had several questions regarding the State party’s efforts to combat impunity for past violations of the Covenant. The oldest of these incidents related to the Chihambakwe Commission established to investigate atrocities committed by State security forces in the Matabeleland and Midlands provinces in the 1980s. Why was the Commission’s report never published? Had the National Council of Chiefs’ Community Engagement Manual been implemented? What was the status of the community engagement programme announced in July 2024 to promote healing in the two provinces? Would the previous granting of amnesty to security forces affect the State party’s ability to hold perpetrators accountable? The Committee also had questions about election-related violence in 2008, when State security forces engaged in abductions, arbitrary arrests, torture, and extrajudicial killings, with no substantial investigations taken nor any prosecutions of the perpetrators. What steps would be taken to address these issues?
In 2018, security forces killed six individuals and injured 35 others in acts of electoral violence. Zimbabwe created an International Commission of Inquiry to investigate this violence, but the State party had reportedly not implemented the recommendations of the Commission; what steps would be taken to address this? The Committee commended Zimbabwe for creating the National Peace and Reconciliation Commission, which investigated hundreds of complaints and provided redress to victims. What concrete steps would the State party take towards achieving the unfulfilled objectives of the Commission?
Credible reports had been received of widespread discrimination on the basis of sexual orientation, including that individuals had been fired or forced to resign from their employment due to their sexual orientation, often after being harassed. What measures were being taken to prevent discrimination on all grounds prohibited by the Covenant, including sexual orientation? Did Zimbabwe have plans to adopt foreign funding restrictions for lesbian, gay, bisexual, transgender and intersex rights advocates? Would the State party consider decriminalising consensual same-sex relations? What measures were planned to enhance the participation of persons with disabilities in political processes, as well as their social inclusion? Could statistical data on complaints of discrimination be provided? The Committee was disturbed by reports of hate crimes and hate speech against individuals based on their sexual orientation, gender identity, disability or HIV status. Could information be provided on investigations into these incidents, and other measures taken to prevent and punish hate crimes and hate speech, including by public officials?
What measures were being taken to improve the implementation of existing laws and policies to ensure gender equality in public and political life? The Committee commended the State party for amending the Data Protection Act to criminalise online gender-based violence. Could information on its implementation and efforts to raise public awareness be provided? What remedies were provided to victims?
Another Expert commended Zimbabwe for the large component of women in the delegation, which was great to see. Reports from different sources had shown that despite the enactment of the Domestic Act in 2006, 25 years ago, domestic violence remained a serious problem, and prosecution was rare. Could information be provided on recent measures to prevent, combat and eradicate all forms of violence against women, including sexual and domestic violence? What steps were taken to address the issue of femicide, and to prevent and track it? What had been done to encourage the reporting of cases by victims; address the low rates of prosecution of cases of violence against women; and to investigate the cases of sexual violence committed by security forces in January 2019, and bring perpetrators to justice?
There were allegations of unlimited time for pre-trial detention, especially for political detainees. What measures were being taken to ensure the full respect of basic procedural safeguards for detained persons? What steps had been taken to reduce the use and duration of pretrial detention and to use non-custodial alternative measures? Could the delegation comment on the situation of juvenile detainees, as well as on reports of arbitrary arrests and detention of political opposition, trade union leaders and protestors?
Responses by the Delegation
The delegation said a bill was in place to ensure civil society organizations declared their sources of funding. There were around 4,000 civil society organizations on the ground in Zimbabwe. Amendments were part of a host of measures Zimbabwe had taken to align itself to the mutual evaluation issued in 2016 by the Eastern and Southern Africa Anti-Money Laundering Group, where it was rated compliant in 20 out of 40 recommendations. Now it was rated as compliant in 30 out of 40 recommendations.
Those exercising freedom of expression should not infringe on other people’s rights. Legislation aimed to ensure that police were present to offer security and to regulate gatherings. Out of 234 laws which had been identified as requiring alignment with the Constitution, just 15 remained outstanding. A statutory instrument was passed in 2024 which banned illegal mining.
The Chairperson of the Zimbabwe Human Rights Commission was appointed in consultation with the President and the Judicial Services Commission. The Committee on Standing Orders was also consulted. The State had an obligation to fund its own institutions and the Human Rights Commission. Approval for external funding was necessary in any democratic society, as this could be an avenue for money laundering.
Atrocities had occurred in rural areas, and chiefs were coordinating a programme for the healing of victims and their families. There was talk of compensation to be provided to the families of victims. Church leaders were also involved in these activities.
Zimbabwe had removed the death penalty, and the defence act had been amended, with the section on the death penalty no longer in place. Zimbabwe had started the process to amend legislation to ensure the right to abortion could be enjoyed by women.
The Zimbabwean Constitution discouraged same-sex marriages. There were same-sex couples in Zimbabwe who lived peacefully in the country. However, marriage between these people could not be permitted in law due to the State’s customs. It was possible that this could change in the future.
Section 85 of the Constitution dealt with the enforcement of fundamental rights, and courts were flooded with citizens seeking redress under this section. The Constitution had an educational philosophy which was human rights based. Zimbabwe had progressed tremendously in the appointment of women in higher positions, with the Prosecutor-General and Attorney General both being women. The Constitution had also been amended to provide for female quotas in Parliament. Every elected member of Parliament was entitled to a constituent development fund.
All victims of violence were provided adequate protection under Zimbabwean law. It was not true that members of the opposition were denied bail. The Executive did not interfere with the deliberation of court cases. The denial of bail was subject to the law; this was the prerogative of the judiciary and not the Executive.
Zimbabwe had embarked on phases of land reform, from 1980 to 2000 and from 2000 to the present day. These reforms aimed to address inequalities in the country and decongest rural areas, as well as to enhance agricultural productivity. They had been successfully implemented and were irreversible. The process continued to be fine-tuned, including through the Global Compensation Agreement signed in 2021. The agreement outlined a mutual agreement to the payment of 3.5 billion United States dollars in compensation. The payment of compensation was ongoing and was a work in progress.
The National Peace and Reconciliation Commission had closed but had not completed its mandate, due to financial restraints. The Government was making significant strides to ensure there would be a replacement, as healing was still needed. A body like the Commission would be beneficial to the country, as it would complement the work being undertaken by the chiefs.
Civil society organizations were always invited to contribute to reports, and those who were willing provided their inputs. The Government always held consultations with these organizations.
Zimbabwean legislation took precedence over international laws. When international laws were not in conflict with Zimbabwean laws, the courts normally used the international laws to ensure justice was served. So far, seven out of nine human rights treaties had been ratified. Consideration of ratification of the remaining two was ongoing.
Regarding the death penalty, meetings had been held with the relevant stakeholders to operationalise the act. Some 48 inmates who were due to be executed had had their executions halted. They would all be brought before the court before renewed sentencing. Prior to this, a list of all inmates on death row would be compiled. The circumstances of each accused person would be considered separately, including how they had behaved in prison, when it came to issuing their new sentence.
Laws ensured no one in Zimbabwean society was discriminated against, particularly based on gender and disability. A national disability policy had been established in 2021, focusing on non-discrimination.
Following the reforms to the Constitution, an accused person who was arrested needed to be brought before the courts within 48 hours, meaning long periods of pretrial detention no longer existed. Courts were even open on Saturdays for this purpose. If longer detention was required, this had to be specially requested.
Following the events of the August 2018 election, a Commission of Inquiry was established by the President. The report issued by the Commission found that there was no evidence to suggest that the six individuals in question were killed by State security forces.
It was a crime to abuse a woman, and women who had been abused had reported their cases to the police. Issues of abuse were often linked to relationships, which made prosecution complicated. In Zimbabwe, there were no selective approaches when it came to bringing accused persons before the courts.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on whether there was evidence that civil society organisations had funded terrorist activities in Zimbabwe; the proposed registration of non-governmental organizations; whether the death penalty would be abolished in the Constitution, and whether there were plans to ratify the second Optional Protocol to the Covenant; discrimination against lesbian, gay, bisexual, transgender and intersex persons in the workforce, and specific provisions addressing it in the Criminal Code; how the legal framework around hate speech was applied and how reports on hate speech were investigated; the experience of the State party in implementing the act on cyber violence, and other steps taken to prevent cyber violence against female political candidates; and the operations of the Zimbabwe Anti-Corruption Commission and statistics around cases brought to courts and convictions enacted.
Responses by the Delegation
The delegation said the amendment of section 48 of the Constitution was the first step in ensuring the death penalty was abolished. The abolition of the death penalty was an ongoing process. A bill to amend section 48 had been introduced by a member of the opposition to Parliament and was supported by the Government.
The private voluntary organization bill aimed to regulate the operations of the private voluntary organizations. Its objectives included combatting financial crimes and monitoring funds, and ensuring private voluntary organizations operated transparently and used donor funds responsibly. The bill included provisions to monitor foreign funding sources to ensure they aligned with national interests. It addressed counter-financing of terrorist activities, including by identifying terrorist groups posing as private entities. These amendments were part of a host of measures taken since the mutual evaluation report issued in 2016.
State legislation criminalised cyber bullying and protected private data. The Government firmly rejected any acts of torture and enforced disappearance. It was firmly committed to upholding the rule of law. The Government remained committed to ensuring a safe and conducive environment for women’s participation in politics. There were no recorded cases of online harassment against female candidates. Any woman who experienced online harassment was encouraged to report it. Investigations of hate speech followed due process. Zimbabwe’s legal framework ensured juveniles were provided special care and protection in the justice system. There was no selective evaluation of the law in Zimbabwe; all law enforcement agencies were expected to abide by the law.
Questions by Committee Experts
A Committee Expert said the Committee had received information that as of March 2020, the prison occupancy rate had reached 129 per cent and the conditions therein were harsh, due to overcrowding, poor sanitary conditions and a lack of medical care. There was only one prison holding boys alone, while girls were held with women. Boys were frequently assaulted by older prisoners, despite the authorities’ attempts to keep them in separate cells. What measures were being taken to address overcrowding, including through pre-trial detention centres? Could the delegation clarify whether basic services were being denied to those in places of deprivation of liberty? Were juveniles and adults kept separately? Were monitoring visits conducted to places of deprivation of liberty?
Could information on the legal and regulatory framework governing the right to freedom of expression and its compatibility with the Covenant be provided? What measures were in place to protect journalists from attacks and arbitrary detention? How was it ensured that all cases of violence against journalists were investigated? Could the State party comment on refusals to grant radio licences, which were important in a society where many people relied on the radio for information, and media shutdowns?
The Committee had serious concerns about the Government’s approach to dealing with peaceful assembly. Had the State party made any progress toward ensuring that the laws governing freedom of assembly were in full conformity with the Covenant? Could the delegation comment on allegations of the disproportionate presence of the military at peaceful assemblies, and of excessive use of force resulting in injuries and killings in August 2018 and January 2019? Could information be provided about complaints received in the last eight years concerning this serious issue, investigations conducted and punishments issued to perpetrators, as well as redress provided to the victims.
The Committee was concerned about child abuse in the State party, including incest, infanticide, child abandonment and rape. Reports indicated that 15,000 cases of child abuse had been received via the national helpline. Despite legal prohibition, some rural families and religious sects continued to force girls into underage marriages. The proportion of orphans in the country remained high, most of whom had lost one or both parents to HIV. These children were more likely to be abused and not enrolled in schools and were vulnerable to HIV and homelessness. Could information be provided on measures taken to combat child abuse, corporal punishment and traditional harmful practices, including child marriages? What had been done to assess the situations of orphans, homeless children and children with disabilities in the State party? What was the current minimum age of criminal responsibility? Were there any plans to raise it to over ten years?
Another Expert said the Committee appreciated steps to reduce the judicial backlog, including through the integrated electronic case management system and the restructuring of the courts. However, reports described barriers to accessing the case management system; how were these being addressed? What steps was the State party taking to ensure timely and efficient access to justice, including in high profile cases? The Committee commended steps taken to strengthen Zimbabwe’s free legal aid system. Did the State party intend to provide additional resources for legal aid services? Would it consider extending legal aid to all cases?
The Committee understood that judges were appointed through public and merit-based interviews. However, reports indicated that judges who failed these interviews had been appointed to the High Court, including in June 2024, and that the judicial promotion process was not subject to the same level of public scrutiny as initial appointments. How did the State party ensure that the public interview process was respected in practice? The Committee was also concerned by reports of intimidation of judges, including threats by a high-level Government official after the High Court decided that extending the Chief Justice’s term beyond retirement age was unconstitutional. Could the State Party comment on these reports? How did the State party ensure that judges remained fully independent, including in high-profile cases involving the Government?
The Committee was aware of reports indicating that the State party had applied privacy and data-protection laws to engage in intrusive surveillance, such as monitoring citizens’ financial transactions and social media usage and gathering precise geolocation data on opposition politicians and activists. How did the State party prevent abuses of these broad surveillance powers, protect personal data, and avoid arbitrary interferences with privacy? The Committee had received credible reports of recent surveillance targeting journalists and political opponents. For example, in February 2024, the NewsHawks investigative outlet was forced to halt coverage of alleged military corruption after its journalists were surveilled and threatened. How did these surveillance activities comply with the right to privacy? The State party had acquired sophisticated Chinese surveillance technologies, including facial recognition systems from CloudWalk and communications interception technology from the surveillance company Circles. Could information about the legal framework governing the deployment of Chinese surveillance technologies be provided? Were there safeguards in place to protect citizens’ rights?
How did the 2014 Trafficking in Persons Act effectively address the practical challenges of combating human trafficking? Were there any plans to amend the definition of trafficking to align more closely with international standards and ensure comprehensive protection for victims? Could the State party provide a comprehensive overview of the measures taken to provide protection, rehabilitation, reparation, and reintegration services to victims? How many shelters were available in the country and what efforts were undertaken to address child labour, particularly in commercial sexual exploitation, mining, and tobacco production? What policies were in place to address human trafficking from sources other than Kuwait?
Could the State party elaborate on the legal and factual elements considered when assessing asylum claims? What safeguards were in place to ensure that assessments were conducted in line with international human rights standards, particularly regarding the principle of non-refoulement? How did the State party respond to allegations of the mistreatment of prisoners? What measures were in place to prevent such mistreatment and ensure the safety and dignity of detainees? Could statistical data, including the number of individuals expelled from Zimbabwe and the number of applicants who had failed in their asylum appeals, be provided? What was being done to address concerns around stateless children, including through birth registration?
Was there any statistical data available on prosecutions or penalties related to child marriage? There were reports indicating that certain religious groups specifically promoted early marriage. What challenges did the State party face in enforcing its prohibition policy in light of such religious influences?
Although it was widely recognised that military recruitment in Zimbabwe had been voluntary since independence, the Constitution did not explicitly guarantee the right to conscientious objection to military service. Could the Committee confirm whether the National Service Act of 1976 remained in force, given that it allowed for exemptions for individuals whose “bona fide religious beliefs” prevented them from performing national service?
Another Committee Expert said reports before the Committee said there were several gaps in the legal framework that remained unaddressed for conducting free, fair and transparent elections. What steps would Zimbabwe take to align the electoral legal framework to guarantee and protect fundamental freedoms? How would it ensure that human rights defenders and civil society actors could carry out their activities without fear of harassment or intimidation? What measures would the State party take to fully align the Electoral Act with the Constitution, to ensure free, fair and transparent elections in the future? The absence of campaign finance regulations in the State party undermined the transparency and accountability of the electoral process in terms of establishing limits to donations from individual donors and the lack of caps on electoral campaign expenditures. What steps would Zimbabwe take to adopt a comprehensive legislation regulating campaign financing?
Several reports before the Committee raised concerns that the 2023 harmonised elections took pace in a restricted political environment and that the administration of elections had serious gaps in terms of independence and transparency. Could the State party respond to such reports, and state what specific measures would be taken to address these concerns? In May 2020, three female leaders from the political opposition party “MDC Alliance” were allegedly tortured, sexual assaulted and dumped 48 hours later outside Harare. Could the State party provide information on investigations carried out regarding the alleged acts, and whether those responsible had been held to account and victims compensated?
Responses by the Delegation
The delegation said overcrowding was a challenge in Zimbabwe, but several strategies had been put in place to address this issue, including the parole system. The Zimbabwe prison correction service was also relying on Presidential amnesty. The rehabilitation activities implemented ensured that inmates were equipped with skills to foster a smooth reintegration into society. A new prison was also being built to tackle the issue of overcrowding. Steps were being taken to ensure that all detainees had access to medical care, which was a challenge. Programmes and measures had been developed to ensure detainees received nutritional meals, including investment in sustainable agricultural practices. The prison administration did not discriminate against any inmate based on their political affiliation or opinion. No convicted inmates were housed in a remand prison. Some 22 visits had been made to places of detention. Zimbabwe was still grappling with the effects of sanctions imposed by Western countries.
Children in conflict with the law were housed in the State’s juvenile detention centre, which was separate from adult prisons. Eighteen years was established as the minimum age of marriage within the Constitution. Every child under the age of 18 had the rights to be protected from economic and sexual exploitation, neglect and all other forms of abuse. In 2022, Zimbabwe passed the Marriage Act, which set the minimum age of marriage as 18 years and repealed previous customary law. The Children’s Act aimed to prevent neglect, ill-treatment and exploitation, including by parents and guardians. The national action plan for orphans and vulnerable children established child protection committees at various levels, ensuring collaborative efforts between the Government and civil society to protect children’s rights. It was a criminal offence for parents to prevent their children to work in brothels. A law criminalised child pornography and imposed severe punishments to offenders. The national case management system offered a multisectoral approach to responding to child protection concerns.
Currently the minimum age of criminal responsibility was set at seven years. However, Zimbabwe was working on a child justice law which would set the minimum age of criminal responsibility at 12 years. It was currently amending its laws on trafficking to strengthen enforcement and enhance victim protection. Police officers received specialised training on trafficking, with a focus on victim identification, regional cooperation and human rights, among other topics.
The Constitution stated that courts needed to operate free from interference. In Zimbabwe, Judges were not elected by the people, but rather were appointed by the President after consultation with the independent Judicial Service Commission, which had its own budget and was able to pay salaries for judicial officers, safeguarding them from outside influence. A digital case management system had also increased judicial independence, ensuring the judiciary had sole autonomy regarding the allocation of cases to judges, without influence from the Executive.
Currently, 14 community radio stations and six free to air television channels had been licensed in Zimbabwe; there was no monopoly on media access. There was a legal aid directorate which extended to civil cases. The legal aid directorate mandated the Government to provide legal aid services to indigenous persons.
The Constitution provided that any person who was detained had the right to conditions of detention consistent with human dignity, including the right to physical exercise, adequate accommodation, and nutrition.
The Government’s law enforcement agencies maintained a balance between the right to demonstration and the rights of other citizens. During demonstrations, police were authorised to use minimum force to disperse crowds conducting gatherings outside the framework of the law. All political parties were supposed to notify the police of demonstrations, for the protection of other citizens.
Children born to immigrant parents in Zimbabwe were given birth certificates, but certain criteria needed to be met, including proof of the child’s birth. Parents’ statelessness needed to be clearly established through documents. There needed to be proof of residence in Zimbabwe.
A data and cyber protection law was in place to safeguard citizens’ personal and institutional data from cyber threats and breaches.
Legal aid was only available for accused persons facing murder charges. Those being charged with murder could not appear in the High Court without a lawyer.
If the Zimbabwean Election Commission could access foreign funding, it could be exposed to the influence of outside parties. The State ensured the Commission was adequately funded so it could carry out its mandate. A recent legal amendment stipulated that judges could be elected up to the age of 75 years; this represented an improvement in the State’s jurisprudence. The Government was not aware of the Chinese surveillance system mentioned by the Committee. This would be investigated further.
Follow-Up Questions by Committee Experts
The Committee asked follow-up questions on topics including human rights defenders and civil society actors being able to carry out their activities without fear of harassment; judges who had failed the interview process still being appointed to the High Court; the expected timeline for the amendments to the trafficking in persons act; the resources allocated to the national plan on trafficking in persons; whether a comprehensive assessment of the human rights impacts of sectors such as mining and tobacco had been conducted; how documentation challenges for stateless persons would be addressed; how it was ensured that the births of all children could be registered; and conscientious objection to military service. The State was urged to dig deeper into the issue of Chinese surveillance technologies.
Responses by the Delegation
The delegation said Zimbabwe needed to protect its sovereignty. The State was suffering from the impacts of unilateral coercive measures. It wished to stop actions which would affect the country in the long run. There were provisions for an affidavit to be provided for those who did not give birth in a hospital to facilitate birth registration. Only judges who passed interviews could be appointed to the High Court. Judges in Zimbabwe were entitled to own houses and agricultural land, just like any other citizens.
There were laws prohibiting child labour in Zimbabwe that set the minimum working age to 15. The State had ratified key international conventions in this regard, but implementation remained weak due to a lack of awareness. Organizations including the United Nations Children’s Fund worked to rescue children from forced labour situations and reintegrate them into society.
Closing Statements
NOBERT T. MAZUNGUNYE, Deputy Minister of Justice, Legal and Parliamentary Affairs and head of delegation, expressed gratitude for the opportunity to engage in dialogue with the Committee. The discussions and recommendations demonstrated Zimbabwe’s collective commitment to protecting and advancing human rights in the country. The State was dedicated to implementing the necessary steps to ensure the rights enshrined in the Covenant were fully realised by all Zimbabweans.
CHANGROK SOH, Committee Chairperson, extended sincere appreciation to the high-level delegation of Zimbabwe for their willingness to engage in a constructive dialogue with the Committee. Mr. Soh thanked all those who had contributed to the dialogue. The discussion had explored Zimbabwe’s implementation of the Covenant, highlighting areas of progress and challenges that remained.
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