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Human Rights Commission Bill now at committee stage with amendments
- Bill Watch 14/2012
Veritas
March 28, 2012
Both
Houses of Parliament
are sitting all this week
Human
Rights Commission Bill in House of Assembly: Committee Stage
today, 28th March
Summary
of Background
The Zimbabwe
Human Rights Commission was sworn in on 31st March 2010. Minister
Chinamasa, as Minister of Justice and Legal Affairs, is responsible
for the Commission. Although some of the duties of the commission
are spelled out in the Constitution, an enabling act was needed
to provide for the structure, functions, funding, etc of the Commission.
The Bill was drafted by the Minister, after prolonged consultations
with the three parties to the Inclusive
Government. It was gazetted on 10th June 2011 and immediately
referred to the House of Assembly Portfolio Committee on Justice,
Legal, Affairs, Constitutional and Parliamentary Affairs. The committee
conducted public hearings on the Bill around the country; most were
disrupted by violence, including the final hearing in Parliament
itself. The Minister brought the Bill before the House for its First
Reading on 12th July 2011 [a formality not involving any debate
or vote] and it was referred the Parliamentary Legal Committee [PLC].
The PLC returned a non-adverse report, conditional on amendments
being made to the Bill as agreed between the PLC and the Minister.
The Second Reading stage started on 31st August 2011, when the Minister
explained the principles of the Bill and the Portfolio Committee’s
report was presented. The end of the Third Session of Parliament
then intervened, and the Bill lapsed along with all other pending
business. The Bill was resuscitated by resolution of the House of
Assembly on 20th March, proceedings to continue from the stage reached
in August last year.
Yesterday
in the House
Second Reading
debate concluded
The House devoted
most of yesterday afternoon’s sitting to completing the Second
Reading debate on the Bill. Backbenchers made further contributions
and the Minister of Justice and Legal Affairs then wound up the
debate with his concluding speech. The Bill was then read for the
second time, which means that it will now move on to the next stage,
which is the Committee Stage.
Today
in the House
Committee Stage
due this afternoon
The Committee
Stage is expected to start this afternoon, but only after Question
Time, which should run until just after 4 pm. This is the stage
during which the Bill is examined and discussed clause by clause
and amendments to the Bill can be made.
Minister’s
proposed amendments
The Minister
of Justice and Legal Affairs has given notice of his intention to
move amendments, most of which are amendments he agreed with the
Parliamentary Legal Committee [PLC] during the last session to avoid
the PLC returning an adverse report on the Bill. [See Bill
Watch 41/2011 of 7th October 2011 for a detailed discussion.]
The proposed amendments are as follows:
Notice
of Amendments
Zimbabwe Human
Rights Commission Bill, 2011 (H.B. 2,2011)
AMENDMENTS OF
CLAUSE 1 (“SHORT TITLE”)
On page 5 of
the Bill, delete clause 1 on lines 9 and 10 and substitute the following:
“1 Short
title
This Act may
be cited as the Zimbabwe Human Rights Commission Act [Chapter 10:30].”
AMENDMENT OF
CLAUSE 2 (“INTERPRETATION”)
On page 5 of
the Bill, in the definition of “human rights violation”,
delete the proviso thereto between lines 36 and 38.
On page 6 of
the Bill, delete the definition of “visitor” between
lines 10 and 12.
SUBSTITUTION
OF CLAUSE 4 (“FUNCTIONS OF COMMISSION”)
On page 6 of
the Bill, delete clause 4 and substitute the following:
“4 Additional
functions of Commission
In addition
to the functions and powers set out in section 100R(6) and (7) of
the Constitution, the Commission shall have the following functions
and powers-
(a) to conduct
investigations on its own initiative or on receipt of complaints;
(b) to visit
and inspect prisons, places of detention, refugee camps and related
facilities in order to ascertain the condition under which inmates
are kept there, and to make recommendations regarding those conditions
to the Minister responsible for administering the law relating to
those places or facilities;
(c) to visit
and inspect places where mentally disordered or intellectually handicapped
persons are detained under any law in order to ascertain the conditions
under which those persons are kept there, and to make recommendations
regarding those conditions to the Minister responsible for administering
the law relating to those places; and
(d) to ensure
and provide appropriate redress for violations of human rights and
for injustice;
(e) to co-operate
with Human Rights Institutions belonging to international, Continental
or Regional organisations of which Zimbabwe is a member.”
AMENDMENT OF
CLAUSE 6 (“EXECUTIVE SECRETARY AND OTHER STAFF OF COMMISSION
AND CONSULTANTS)
On page 7 of
the Bill, in subsection (1) of this clause, delete paragraph (b)
between lines 4 and 7 and substitute:
“(b) employ
such other staff as maybe necessary for the proper exercise of its
functions, and engage consultants where necessary:
Provided that
the Commission shall consult the Minister and the Minister responsible
for Finance on the extent to which additional public moneys may
be required for this purpose.”
On page 7 of
the Bill, insert after the end of subclause (1) on line 7 the following
subclause, and renumber the subsequent subclauses (2), (3) and (4)
as subclauses (3), (4) and (5) accordingly:
“(2) In
order for a person to be appointed as Executive Secretary of the
Commission, he or she must -
(a) be qualified
to be appointed as a judge of the High Court or the Supreme Court;
or
(b) have a graduate
or postgraduate qualification in human rights law or humanitarian
law or a related discipline.”
AMENDMENT OF
CLAUSE 9 (“JURISDICTION OF COMMISSION TO CONDUCT INVESTIGATIONS”)
On page 8 of
the Bill, in subclause (4)(a), delete in lines 24 and 25 the words
“the aggrieved person was a citizen, resident or visitor of
Zimbabwe at the time when the action or omission complained of occurred
and”.
AMENDMENT OF
CLAUSE 10 (“MANNER OF MAKING COMPLAINTS”)
On page 8 of
the Bill, in subclause (1), delete in line 42 the words “in
that notice” and substitute “in those regulations”.
AMENDMENT OF
CLAUSE 12(“MANNER OF CONDUCTING INVESTIGATIONS”)
On pages 9 and
10 of the Bill delete subclause (6) and substitute the following
subclause:-
“(6) The
Minister may, at any stage during the investigation of a complaint
by the commission, to produce to the Commission a certificate in
writing signed by him or her to the effect that the disclosure of
any evidence or documentation or class of evidence or documentation
or class of evidence or documentation specified in the certificates
is, in his or her opinion, contrary to the public interest on the
grounds that it may prejudice the defence, external relations, internal
security or economic interests of the state , whereupon the Commission
shall make arrangements for evidence relating to that matter to
be heard in camera at a closed hearing and shall take such other
action as may be necessary or expedient to prevent the disclosure
of that matter.”
On page 10 of
the Bill, in subclause (7), delete in line 7 the word “notice”
and substitute “certificate”.
On page 10 of
the Bill, in the subclause (7) (b), delete in lines 13 and 15 the
word “notice” and substitute “certificates”.
On page 10 of
the Bill, insert after subclause (8), the following subclause:
“(9) For
the avoidance of doubt it is declared that the law relating to the
competence or compellability of any person on the grounds of privilege
to give evidence, answer any questions or produce any book or document
before the Commission, shall apply.”
Renumber the
subsequent subclause (9) as subclause (10) accordingly.
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