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Written statement submitted by the Zimbabwe Human Rights Organisations (ZHRO) on Zimbabwe's UPR
Zimbabwe Human Rights Organisations (ZHRO)
March 15, 2012

ZHROs commend the Government of Zimbabwe (GoZ) for participating in the UPR and for accepting some of the suggested recommendations to improve her human rights situation in particular recommendations by Norway and Poland "to cooperate closely with local human rights organisations in the follow up to the Universal Periodic Review" and " to engage Civil Society in the process of implementation of the UPR Recommendations". We appreciate that this acceptance was done in the spirit of the UPR which underscores the need for close cooperation between stakeholders and the state under review.

We are also grateful to all the countries that participated and made statements during the interactive dialogue with Zimbabwe.

We however wish to draw the attention of the Human Rights Council and observer states to the following concerns;

1. Although the GoZ states that its national report was the result of an extensive multisectoral consultative process including all stakeholders, most members of parliament whom ZHROs spoke to, appeared ignorant of the whole UPR process. In addition, while CSOs were invited to input into the national report, their views were not reflected in the final document presented by the Minister. As such it can be reasonably inferred that the consultative workshops were merely cosmetic. The GoZ should be encouraged to be more sincere and adopt the principle of inclusivity in the UPR and all other national processes. Furthermore ZHROs note with great concern the aggressive tone and inconsiderate approach by the GoZ in its Presentation. Their condescending attitude sent a clear signal that they have no regard, let alone respect, for ZHROs.

We therefore urge the Council to reiterate to the GoZ of Zimbabwe to approach the UPR in a truly inclusive spirit, in good faith, respect and collaboratively to enable a constructive dialogue in the best interests of all Zimbabweans.

2. Since the review the GoZ has not been forthcoming to reach out to civil society for discussions. We understand that it is the GoZ's entrenched position that Zimbabwe's problems should be solved by Zimbabweans. We agree that although the international community and mechanisms such as the UPR, has a significant role to play in ensuring that the GoZ adheres to international standards and norms, a sustainable solution to Zimbabwe¡¦s problems specifically relating to human rights, should ideally emanate from within Zimbabwe. We are therefore deeply concerned that the GoZ did not only fail to comply with its undertaking but also acted contrary to its entrenched position. There is similarly no justification for the GoZ not to immediately accede to and incorporate the United Nations Declaration on Human Rights Defenders (UNDHRD) in national legislation. This is necessary in creating an enabling environment for dialogue between the GoZ and civil society in searching for long-term sustainable solutions.

We therefore urge the GoZ to reaffirm and respect its commitment to engage the ZHROs after the UN HRC 19th Session. More specifically to agree on a course of action towards the implementation of the accepted recommendations and whether there would be any possibility of accepting the recommendations it rejected before the second UPR cycle.

3. There is no valid reason for GoZ to reject the recommendations that it ratify the human rights treaties listed. The argument put forward in 6 and 26 that GoZ has adequate laws to protect the human rights of its people is too generalised and does not provide an adequate justification not to ratify the cited treaties such as CAT, given the endemic nature of torture in both pre and post independent Zimbabwe.

We urge the Council to reiterate that the GoZ ratify the instruments listed in these recommendations especially CAT, the Rome Statute and the Convention on Enforced or Involuntary Disappearances.

4. The GoZ takes pride in its human rights record in paragraph 6 but goes on to reject recommendation 95.6 which is meant to ensure that the Zimbabwe Human Rights Commission constitutive legislation is in line with the Paris Principles and also recommendations 95 (13-16) to cooperate with the United Nations Special Procedures.

We urge the Council to reiterate that the GoZ must extend invitations to all United Nations Special Rapporteurs and act consistently with the recommendations of treaty monitoring bodies and Special Procedures.

5. The rejection by the GoZ to take necessary steps to ensure that all human rights violations during the 2008 Presidential elections and those associated with the extraction of diamonds in the Marange region are fully investigated and perpetrators be brought to justice is regrettable.

We call upon the Council to reiterate that the GoZ immediately confront the pervasive culture of impunity and initiate investigations into all human rights violations without reservation and that it reviews its current approach to the issue of amnesties, pardons and clemencies, to comply with the standards set out in international law.

6. It is deeply regrettable that the GoZ failed to take the UPR opportunity to ensure that its laws relating to freedoms of expression, association and movement adhere to international standards.

We urge the Council to reiterate that GoZ's current legislation particularly the Public Order and Security Act and the Access to Information and Protection of Privacy Act do not comply with international norms and standards and have been used to mainly to curtail rights and freedoms of the people of Zimbabwe especially pro democracy activists.

Furthermore we call upon the Council to reiterate to the GoZ that in order for a free and fair election without violence and in line with the SADC Guidelines, it is a pre-requisite that all repressive pieces of legislation be repealed.

Conclusion

We urge the Council to reiterate the GoZ approaches this process constructively and ensure that its national legislation and its implementation thereof is consistent with GoZ's international human rights obligation.

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