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Victim
friendly courts dysfunctional
Zimbabwe
Lawyers for Human Rights (ZLHR)
April 16, 2005
Zimbabwe Lawyers for
Human Rights is gravely concerned with the decaying state of victim friendly
courts in Zimbabwe in light of the high rate of cases of child abuse,
particularly sexual abuse, taking into consideration the high prevalence
of HIV/Aids in Zimbabwe. The revelations brought about by the case of
Macheke Primary School as reported in The Sunday Mail of 10th April 2005
wherein a general hand at Macheke Primary School, "…is facing
charges of raping 14 primary schoolgirls and sexually assaulting 27 others
whose ages range between seven and 13 years, over a yet unknown period"
merely represents the tip of the iceberg in highlighting the inefficiency
of the justice delivery system. Zimbabwe Lawyers for Human Rights is appalled
at the fact that the Ministry of Justice, Legal and Parliamentary Affairs
has a huge backlog of child abuse cases with "…several cases
[having] been put on hold for nearly two years after victims failed to
testify due to the breakdown of equipment in the courts."
The dysfunctional
nature of victim friendly courts illustrates the state's failure to provide
effective procedures for children seeking recourse in instances of sexual
abuse culminating into the failure by the state to protect the child from
all forms of sexual exploitation and sexual abuse.
ZLHR finds such a
state of affairs abominable and draws to the government's attention:
1. The Convention
on the Rights of the Child which recalls that,
"…the
child, by reason of his or her physical and mental immaturity, needs
special safeguards and care, including appropriate legal protection,
before as well as after birth…" 1
And
2. The African Charter
on the Rights and Welfare of the Child which states that,
"In all
actions concerning the child undertaken by any person or authority the
best interests of the child shall be the primary consideration."
2
Realizing that justice
delayed is justice denied, ZLHR calls upon the Ministry of Justice, Legal
and Parliamentary Affairs to immediately take appropriate action towards
the restoration of functional and effective victim friendly courts to
ensure that cases of sexual abuse are dealt with diligently and expediently
in an effort to punish offenders, deter similar offences, ensure effective
administration of justice and reduce HIV infection rates amongst children.
Zimbabwe Lawyers for
Human Rights (ZLHR) is a not for profit human rights organization whose
core objective is to foster a culture of human rights in Zimbabwe as well
as encourage the growth and strengthening of human rights at all levels
of Zimbabwean society through observance of the rule of law. ZLHR is committed
to upholding respect for the rule of law and the unimpeded administration
of justice, free and fair elections, the free flow of information and
the protection of constitutional rights and freedoms in Zimbabwe and the
surrounding region. It keeps these values central to its programming activities.
1.
Preamble of the Convention on the Rights of the Child
2. Article 4- African Charter on the Rights and Welfare of the Child
Visit the ZLHR fact
sheet
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