Key Recommendations and Conclusions
Zimbabwe’s openness to receive my mission and the visits of other United Nations Special Procedures is an important step in its efforts to create a more enabling environment for human rights. I hope that my visit and the conclusions and recommendations of my visit will assist the authorities in improving the environment for and protection of the rights to freedom of peaceful assembly and association.
In particular, I would like to urge the Government, in line with Section 210 of the Constitution, to establish an effective and independent mechanism for receiving and investigating complaints from members of the public in respect of misconduct by security services and remedy any harm caused by such misconduct. Furthermore, it is critical that in establishing such an oversight mechanism, its independence is ensured in line with international law principles and best practices.
The Government’s stated commitment to improve human rights and widen democratic space is welcome. The 2013 Constitution provides a sound and robust basis for the protection of human rights and it is important to acknowledge progress in the setting up of several independent commissions.
I lament the loss of lives due to excessive use of force against protestors and urge the Government to ensure a thorough and independent investigation of these events and the prosecution of those responsible. The repression of protestors, the attempt to ban protests, the excessive use of force and the restrictive application of legislation regulating the rights of freedom of peaceful assembly and association gravely overshadow efforts to democratically transform Zimbabwe.
I urge the Government to amend laws that are not in line with the Constitution and make use of the independent institutions which are designed to facilitate the exercise of human rights and the courts, in order to ensure that all human rights are enjoyed by all those under its jurisdiction. I recommend that the Government take steps to identify gaps in legislation which may allow for its discriminatory use, and make concerted efforts to close these gaps. In these processes, I strongly call for a close consultation with civil society organizations and encourage them to actively engage and participate.
The Government has the momentous task of redressing and solving the long and grave economic crisis afflicting Zimbabwe. In order to be able to find durable solutions that protect the most vulnerable, the Government of Zimbabwe is going to need the support and assistance of the international community. It is important for all actors to join forces to assist in this effort.
In such a context, the Government must protect its citizens’ rights to organize and to assemble. The Government’s role is to enable the free expression different views. The Government must strengthen good practices that enhance dialogue, that allow for democratic expression and organization and respond to the grievances of the people. Such an approach will help enable a solution to the crisis, with the participation of the citizens of Zimbabwe.
It is furthermore important that the Government acts to address the root causes of protests, dealing head on with the issues raised by the populace in the course of their demonstrations.
In a similar vein, following the testimonies that I have received while travelling throughout the country, I am of the opinion that reform of the security sector and strengthening the capacity of reformed structures will go a long way in preventing unnecessary disproportionate use of force, intimidation, surveillance, of civil society, social movement leaders and building trust among communities.
With regards to the Maintenance of Peace and Order Bill (MOPO Bill), which will replace the POSA, I encourage the government to ensure that this new bill is brought in line with the international standards to effectively guarantee the enjoyment of the rights to freedom of peaceful assembly. In that regard, my full end of mission statement and the report I will produce of my visit, will contain detailed recommendations regarding specific provisions of the MOPO Bill law that I believe should be amended, to bring them into conformity with Zimbabwe’s international human rights obligations.
Regarding the trade unions, I urge the government to implement the recommendations of the ILO Committee on the Application of Standards (CAS) adopted by the International Labour Conference of June 2019 and accept a direct contact mission to assess progress in this regard.
In order to build trust between the government and civil society actors and create an enabling environment for civil society work, it is important to withdraw all criminal charges against workers’ representatives and civil society leaders who were arrested for exercising their right to freedom of peaceful assembly and association.
I would also like to encourage the government to follow up and deliver on the recommendations issued by the Montlanthe Commission as well as with other instances such as the action points from the meeting with the Matabeland Collective.
The effective combat of corruption and impunity is key in delivering on the promises under the “new dispensation” and concrete and tangible result need to be achieved in this regard.
I encourage the government to seek the support of the Office of High Commissioner for Human Rights through the establishment of an Office to support the government’s efforts to promote and protect human rights in this critical transition.
I equally encourage the government to continue to open up the country for the visit of the United Nations Special Procedures in order to benefit from the expertise of these mechanisms.
I urge the Government to ensure that no acts of reprisals, threats or intimidation occur against those under its jurisdiction who have interacted with me or cooperated with the United Nations.
All in all, I urge the Government to take the issues raised in my preliminary observations into consideration, and I underline that, in this regard, my mandate remains available to the Government for any advice regarding the implementation of the rights to freedom of peaceful assembly and of association, technical or otherwise. Furthermore, at the Government’s invitation, I would be happy to conduct a follow up country visit should the opportunity arise.
I am grateful to have had the opportunity to visit Zimbabwe during this critical period, I strongly believe that Zimbabweans are peaceful loving people and that the Government should capitalize on this value and facilitate an unfettered exercise of democratic fundamental freedoms.
I look forward to continuing our dialogue, including through pending replies to communication from my mandate, and discussing my full report when I present it in June 2020 at the 44th session of the UN Human Rights Council.
I thank you for your attention.
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