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The African commission and Zimbabwe
Zimbabwe Human Rights NGO Forum
Extracted from Human Rights Bulletin Number 38
January 06, 2006

The African Commission on Human and Peoples’ Rights
The African Commission on Human and Peoples’ Rights (the Commission) came into existence in 1987 to ‘promote human and peoples’ rights and to ensure their protection in Africa’ as provided for under the African Charter on Human and Peoples’ Rights (The Charter). The Charter was adopted by the Organisation of African Unity, now the African Union (AU), in June 1981 and came into force in October 1986. The promotional activities of the Commission include gathering and dissemination of information regarding human rights in Africa. The Commission is mandated to receive and consider complaints (communications) against member States regarding violations of these rights from other State parties to the Charter, individuals and organisations. The Commission also considers periodic state party reports submitted after every two years.

The Commission’s Fact-finding Mission to Zimbabwe (June 2002)

The Facts

• At its 29^th Ordinary Session in Libya, in April 2001, the Commission decided to carry out a Fact-finding Mission to Zimbabwe to investigate reports of massive human rights violations.
• The Commission’s request to undertake the Fact-finding Mission to Zimbabwe was agreed to by the Government of Zimbabwe at the 31^st Ordinary Session in South Africa, in May 2002.
• Two Commissioners visited Zimbabwe from 24-28 June 2002 and met with Government officials, the Chief Justice, the Attorney General, political parties, law enforcement agencies, the judiciary and representatives from civil society organisations.
• A report on the mission was adopted at the 34^th Ordinary Session of the Commission held in Banjul, The Gambia, in November 2003.
• The report containing the comments of the Government of Zimbabwe was finally adopted by the African Union at its Summit on 31 January 2005.

Some of the Findings of the Mission
The conclusions arrived at by the Fact-finding Mission as cited in the Executive Summary of the Report of the Fact-finding Mission to Zimbabwe are outlined below.

The Mission found that there was ‘enough evidence … to suggest that at the very least during the period under review human rights violations occurred in Zimbabwe’.

The Mission also noted that:

• Zimbabwean society is highly divided with deep-rooted political positions.
• The ‘land question is not in itself the cause of division’ in Zimbabwean society.
• Divisions are caused by Zimbabwean society’s dilemma over ‘how best to achieve change after two decades of dominance by a political party that carried the hopes and aspirations of the people of Zimbabwe through the liberation struggle into independence’.
• The Government could not deny responsibility for the human rights violations as it failed to ‘act soon enough and firmly enough against those guilty of gross criminal acts’ and in addition ‘failed to chart a path that signalled a commitment to the rule of law.’
• ‘The judiciary has been tainted’ and trust in it has been compromised due to the prevailing political conditions.
• ‘There has been a flurry of new legislation and the revival of the old laws used under the Smith Rhodesian regime to control, manipulate public opinion and limit civil liberties’ including the Public Order and Security Act (POSA) and the Access to Information and Protection of Privacy Act (AIPPA). These have limited freedom of expression.
• National institutions meant to promote and protect human rights, such as the Ombudsman, are inefficient and do not appear to be independent or to engender public confidence.
• Zimbabwean civil society is diverse and dynamic and that ‘civil society is essential for upholding a responsible society and for holding government accountable’.

The Recommendations of the Mission
Noting that Zimbabwe ‘is a divided society’ in need of assistance to withdraw from its potentially dangerous situation, the Mission made the following recommendations:

• National Dialogue and Reconciliation: religious organisations are best-placed to play the lead role in reconciling and mediating in dialogue between the different groups in Zimbabwe’s divided society.
• Creating an Environment Conducive to Democracy and Human Rights: sections of AIPPA that prohibit free expression of public opinion should be repealed and sections of POSA reviewed.
• Independent National Institutions: human rights violations and corruption could be prevented by putting in place independent national institutions to guard against them, such as an independent office to ‘receive and investigate complaints against the police.’
• Independence of the Judiciary: the independence of the judiciary could be insured by refraining from political attacks on its members and obeying judicial orders.
• A Professional Police Service: efforts should be made to ‘avoid any further politicisation of the police service’ and the police service ‘should never be at the service of any political party but must at all times seek to abide by the values of the Constitution and enforce the law without fear or favour’.
• The Media: a climate conducive to freedom of expression in Zimbabwe should be created and ‘ POSA and AIPPA should be amended to meet international standards for freedom of expression.’
• Reporting Obligations to the African Commission: the Government must take urgent steps to submit its overdue periodic reports to the Commission.

Resolution on the Situation of Human Rights in Zimbabwe
The Resolution of the Commission, adopted at its 38^th Ordinary Session, is reproduced in full below.

The African Commission on Human and Peoples’ Rights meeting at its 38^th Ordinary Session in Banjul, The Gambia from 21 November to 5 December 2005;

Considering that Zimbabwe is a Party to the African Charter on Human and Peoples’ Rights and other international human rights instruments;

Recalling the recommendations to the government of Zimbabwe contained in the African Commission Report of the Fact-Finding Mission to Zimbabwe in June 2002;

Further recalling the recommendations to the government of Zimbabwe by the United Nations Special Envoy on Human Settlement Issues in Zimbabwe contained in her Report published on 22 July 2005;

Deeply concerned by the continued undermining of the independence of the judiciary through defiance of court orders, harassment and intimidation of independent judges and the executive ouster of the jurisdiction of the courts;

Further concerned by the continuing human rights violations and the deterioration of the human rights situation in Zimbabwe, the lack of respect for the rule of law and the growing culture of impunity;

Alarmed by the number of internally displaced persons and the violations of fundamental individual and collective rights resulting from the forced evictions being carried out by the government of Zimbabwe;

1. Condemns the human rights violations currently being perpetrated in Zimbabwe;
2. Urges the government of Zimbabwe to cease the practice of forced evictions throughout the country, and to adhere to its obligations under the African Charter on Human and Peoples’ Rights and other international human rights instruments to which Zimbabwe is a party;
3. Urges the government of Zimbabwe to implement without further delay the recommendations contained in the African Commission Report of the 2002 Fact-Finding Mission to Zimbabwe and the recommendations in the July 2005 Report of the UN Special Envoy on Human Settlement Issues, in particular to ensure full and unimpeded access for the provision of aid and protection to the victims of the forced evictions and demolitions by impartial national and international humanitarian agencies and human rights monitors, and to ensure that those responsible for the violations are brought to justice without delay;
4. Calls on the government of Zimbabwe to respect the fundamental rights and freedoms of expression, association and assembly by repealing or amending repressive legislation, such as the Access to Information and Protection of Privacy Act, the Broadcasting Services Act and the Public Order and Security Act;
5. Calls on the government of Zimbabwe to uphold the principle of separation of powers and the independence of the judiciary and urges the government of Zimbabwe to repeal or amend Constitutional Amendment (No.17) and provide an environment conducive to constitutional reform based on fundamental rights;
6. Calls on the government of Zimbabwe to cooperate with the African Commission Special Rapporteur on Refugees, Asylum Seekers and Internally Displaced Persons in Africa and other African Commission Special Mechanisms, including allowing a Fact-Finding Mission to investigate the current situation of internally displaced persons in Zimbabwe;
7. Urges the African Union to renew the mandate of the African Union Envoy to Zimbabwe to investigate the human rights implications and humanitarian consequences of the mass evictions and demolitions.

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