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Motion
brought by the Hon. David Coltart regarding the (ACHPR)
Hon.
David Coltart MP
February 08, 2006
This motion
was brought before the Parliament of Zimbabwe on February 08, 2006
NOTING
the resolution of the resolution of the African Commission on Human
and People’s Rights on the situation of human rights in Zimbabwe
passed in Banjul on the 5th December 2005 set out in
full below;
The
African Commission on Human and Peoples’ Rights meeting at its 38th
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;
- Condemns
the human rights violations currently being perpetrated in
Zimbabwe;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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.
Done at Banjul,
5th December 2005
NOTING
that the resolution and the calls made in it appear to have been
ignored to date by the Government of the Republic of Zimbabwe;
CONGRATULATES
AND THANKS the African Commission on Human and Peoples’
Rights for speaking out so boldly and frankly on behalf of the victims
of human rights abuses in Zimbabwe;
MOVES
that this honourable House call on the Government of the Republic
of Zimbabwe to implement without delay the specific calls made by
the African Commission to ensure that the Republic of Zimbabwe complies
with her obligations in terms of The African Charter on Human and
Peoples’ Rights adopted by the eighteenth Assembly of Heads and
States and Government in June 1981 in Nairobi, Kenya.
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