Back to Index
Public
hearings on Zimbabwe Human Rights Commission Bill
Southern African Parliamentary Support Trust
July 13, 2011
Download
this document
- Acrobat
PDF version (541KB)
If you do not have the free Acrobat reader
on your computer, download it from the Adobe website by clicking
here.
Introductory
Remarks
Human rights
have since WWII become a critical issue in international discourse.
With the advent of globalisation it has become critical in international
relations. States have an obligation to ensure that human rights
are protected in their territories. Independent commissions are
seen as a way of ensuring the promotion and protection of human
rights. It is the State/its organs that can be accused of human
rights abuses.
Human
Rights in the Constitution
Members to familiarize
themselves with Sections 11-26 of the Constitution:-
- Section 11
preamble
- Section 12
right to life
- Section 13
right to personal liberty
- Section 14
protection from slavery and forced labour
- Section 15
protection from inhuman treatment
- Section 16
protection from deprivation of property
- Section 17
protection from arbitrary search and entry
- Section 18
secure protection of the law
- Section 19
freedom of conscience
- Section 20
freedom of expression
- Section 21
freedom of assembly and association
- Section 22
freedom of movement
- Section 23
freedom from discrimination on the specified grounds
- Section 23A
political rights
International
Human Rights Instruments
- The International
Convention on Civil and Political Rights (ICCPR)
- The International
Convention on Economic Social and Cultural Rights (ICESC)
- African
Charter on Human and Peoples Rights
- The Convention
on Rights of the Child (CRC)
- The African
Charter on the Rights and Welfare of the Child (ACRWC)
- The Convention
on Elimination of all Forms of Discrimination Against Women (CEDAW)
- Convention
Against Torture
- Statelessness
Convention
- Convention
on the Rights of Migrant Workers and their Families
- Convention
on the Rights of the Disabled
Establishment
and Appointment of HRC (S100R)
- The current
Commission is a product of Constitutional
Amendment 19 (Act 1/2009)
- Consists
of a chairman, qualified for at least 5years to practise as a
legal practitioner and 8 others appointed from a list of nominees
- The chairman
is appointed by the President after consultation with the JSC
and the SROC
- The SROC
submits a list of the nominees
- Should recommendations
of the JSC not be followed on the appointment of the chairman,
the Senate shall be informed
- Persons shall
be chosen for their knowledge of and experience in the promotion
of social justice or the protection of human rights & freedoms
Current
Membership:
- Prof Reg
Austin (Chairperson)
- Dr Ellen
Sithole (Deputy Chairperson)
- Joseph Kurebwa
- Jacob Mudenda
- Elasto Mugwadi
- Dr Japhet
Ndabeni-Ncube
- Nomathemba
Neseni
- Dr Kwanele
Jirira
- Prof Carrol
Khombe
Independent
Commissions in Zimbabwe (S109)
- They are
independent & not subject to the direction/control of anyone;
and
- They must
exercise their functions without fear, favour or prejudice
- Majority
decisions shall carry the day
- The salaries
of commissioners shall not be reduced during their tenure
- An MP or
member of a local authority shall be ineligible for appointment
as a commissioner
- These provisions
are meant to safeguard the independence of commissions
Functions
of the Commission (S100R(5))
- To promote
awareness of and respect for human rights and freedoms at all
levels of society;
- To promote
the development of human rights and freedoms;
- To monitor
and assess the observance of human rights;
- To recommend
to Parliament effective measures to promote human rights and freedoms;
- To investigate
the conduct of any authority or person in respect of any allegation
of human rights violation
- To assist
in the preparation of State Party reports
Powers
of the Commission (S100R(6))
- To call for
information from any person or body necessary for the preparation
of State Party reports
- To take over
& continue any investigation instituted by the Public Protector
where the dominant issue relates to the Commission’s functions
- To refer
to the Public Protector for investigation any matter whose dominant
issue relates to the functions of the Public Protector
Download
full document
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
|