Back to Index

Africa Human Rights Day: ZLHR yearns for dawn of democracy
Zimbabwe Lawyers for Human Rights (ZLHR)
October 25, 2010

Zimbabwe Lawyers for Human Rights (ZLHR) joins fellow Zimbabweans and the rest of the African continent in marking Africa Human Rights Day. Commemorated on 21 October 2010 under the theme "Realising Human Rights: A key to achieving sustainable peace in Africa", this day is set aside by the African Union annually to reflect upon the entry into force in 1986 of the African Charter on Human and Peoples' Rights.

Being deeply committed to fostering a culture of human rights and respect for the Rule of Law in Zimbabwe and throughout the region, ZLHR regrets that the majority of Zimbabweans do not have anything considerable to celebrate as the State and other non-State actors continue to undermine the fundamentals of democracy in the country.

Although there were high hopes for the improvement of political, economic and social conditions in Zimbabwe following the formation of a transitional coalition government in February 2009, democratization continues to prove a challenge, while the ordeals of human rights defenders have not subsided.

Citizens continue to be subjected to flagrant violations of their fundamental rights by State and non-State actors. Arbitrary arrest, torture and detention of human rights defenders continues two years after the formation of an "inclusive government" which committed to upholding civil liberties in the Interparty Political Agreement. National healing processes have failed to materialize or to contribute meaningfully to rebuilding of the lives of those who have suffered such grave violations in Zimbabwe throughout history. Impunity remains a blight on the nation through failure to prosecute perpetrators of grave human rights violations.

It is equally unacceptable that the majority of Zimbabweans remain unemployed or informally employed and unable to clothe, feed, house, treat and educate themselves and their families in a Zimbabwe which is so blessed with abundant natural resources.

The events in the past two years have proven that mere appendage of signatures to paper and political rhetoric has failed to usher in a new and improved method of governance. It will require much dedication and non-partisanship from both ZANU-PF and the two MDC formations to roll back the disastrous authoritarian policies of the previous government and replace them with people-centered policies and action.

Such commitment is required not only from political party representatives, but also those in control of state institutions, which continue to exhibit a lack of independence, professionalism and accountability, as well as an engrained mindset and modus operandi steeped in intolerance for criticism, lack of transparency and accountability, and subscription to political patronage.

Despite committing itself to the celebrated and progressive African Charter on Human and Peoples' Rights ("the Charter"), Zimbabwe is still afflicted by serious violations of its fundamental provisions and shortcomings in democratic processes.

As we reflect on progress in attaining and maintaining the tenets of the Charter, it is of deep concern that the government continues to ignore the visionary recommendations of the Fact-Finding Mission of the African Commission on Human and Peoples' Rights (ACHPR), which set out a clear action-plan for fighting impunity, reducing violations and working towards strengthening of institutions to build a lasting peace in Zimbabwe.

The government has further neglected the ACHPR's ruling more than a year ago that it should repeal sections 79 and 80 of the repressive Access to Information and Protection of Privacy Act (AIPPA) which contravene Article 9 of the Charter. The ACHPR also ruled that statutory media regulation was contrary to the principle of media self-regulation as enunciated under the Charter to which Zimbabwe is a State party.

This urgently calls for the transitional coalition government to speed up the repeal of obnoxious security legislation such as the Public Order and Security Act, AIPPA and provisions which criminalize free speech, among other repressive legal instruments.

Socio-economic and cultural rights similarly remain a pipedream as evidenced by the blatant violation of citizens' right to shelter and the State's failure to avert the violation of the right to education. It is a scandal that five years since 2005, victims of Operation Murambatsvina are still surviving in plastic shacks without basic essential services - again in contravention of clear recommendations by the ACHPR for the government to ensure adequate shelter, medicine and education is immediately provided to those affected.

ZLHR reiterates the need for the government of Zimbabwe to reflect on its shortcomings in relation to adherence to the Charter and its obligations to implement recommendations from the ACHPR which is a body of African specialists in human rights chosen by African governments themselves. Only a country which respects its obligations, institutions and people will, in turn, be respected by the people.

Despite all the challenges ZLHR salutes the progressive people of Africa and Zimbabwe working towards fostering a culture of human rights, democracy and sustainable peace on the continent. We salute them for their courage, determination and tireless struggle to liberate the continent and Zimbabwe from all forms of discrimination and oppression in spite of a repressive environment where the exercise of fundamental rights is not tolerated.

On its part ZLHR will continue to contribute to the struggle for democratization, peace and observance of the Rule of Law in our country, cognizant that this is not an overnight process, and so as to ensure that the people of Zimbabwe remain at the center of all nation-building processes and are their true beneficiaries. ZLHR hopes that a day will dawn when the practice of undermining democracy and human rights will be completely eradicated in Zimbabwe and on our beloved African continent.

Visit the ZLHR fact sheet

Please credit www.kubatana.net if you make use of material from this website. This work is licensed under a Creative Commons License unless stated otherwise.

TOP