Zimbabwean seized with violations of social and economic rights

The Zimbabwe Lawyers for Human Rights (ZLHR) has indicated that people in Zimbabwe continue to be seized with violations of social and economic rights. While the economy continues on its downward spiral, due to acts of commission or omission State actors have been at the forefront of fuelling violations of the right to shelter and the right to work.

In a statement to the African Commission on Human and Peopler's Rights on situation on human rights in Africa at the ordinary 57th session of the commission being held from November 4 to 18 in Banjul, ZLHR said the human rights violations can be attributed to the slow implementation, or non-implementation, of some provisions of the 2013 Zimbabwean Constitution, and also the absence of laws, policies and political will to safeguard these rights.

"Also of concern is the high-level of termination of employment following the Supreme Court ruling that allowed employers to terminate employment on three months notice regardless of the number of years one has been employed. Consequently, many Zimbabweans have been left unemployed overnight with many resorting to informal trading," said ZLHR. "This has been beset with numerous challenges regarding regulation. Of concern is the brutality faced by informal traders in the urban areas and the arbitrary deprivation of property – their goods, wares (source of livelihood)."

The ZLHR said arrests, detention and prosecution have been common and in some instances targeting the leadership of the association of these informal traders.

"Regrettably, ordinary citizens exercising their right to freedom of movement have also been caught up in the dragnet arrests characterising informal trading. Although the Government of Zimbabwe (GoZ) has set up sites for trading, these are outside the main routes of trade – where there is little human traffic, making the sites unattractive for informal traders," said ZLHR.

"On a positive note, there is progress and commitment to improve justice delivery. Judges of the Supreme Court and High Court who were interviewed (as previously referred in the 56th session statement) have now been sworn in. ZLHR hopes that they will independently and effectively discharge their constitutional mandate and expedite the hearing and finalisation of cases in these respective courts."

ZLHR commended the GoZ which together with its partners have invested heavily in resourcing the courts and improving infrastructure.

"A lot still needs to be done. ZLHR remains concerned about the pervasive culture of defiance of court orders that continues to permeate the Executive as well as other government officials," it said. "ZLHR is particularly worried with defiance of court orders. The Prosecutor General has also defied some court orders together with other State officials. Of similar concern at the continental level is an attempt by the heads of State and Executive of governments in Africa to interfere with the independence of the African Commission. ZLHR wholly supports the independence of the African Commission as a quasi-judicial body. The executive must not interfere but support the independence of this Commission!"

ZLHR said the GoZ must also adequately resource the Zimbabwe Human Rights Commission for it to effectively and efficiently discharge its mandate.

"Further, ZLHR will continue to call on GoZ to implement the Constitution by appointing Commissioners of the National Peace and Reconciliation Commission and establishing that institution. Other Constitutional Commissions provided in the Constitution must also be resourced, or where non-existent, established," said ZLHR.

"After almost eight months, Itai Dzamara a pro-democracy campaigner remains disappeared. Although the police have commenced their investigations, in collaboration with lawyers, the powerful State security apparatus still has not accounted for this one man's whereabouts. The GoZ must take the safety and security issues of human rights defenders seriously".

ZLHR said it remains open to constructively engage the government but urges the Commission to encourage the GoZ to: fulfill obligations under the African Charter on Human and Peoples' Rights; speed up the process of harmonising laws with the Constitution and regional and international human rights instruments;
• Implement in good faith human rights obligations and commitments; constitute, resource and ensure that all Constitutional Commissions are resourced and operational; protect the right to shelter and employment rights; cease the arbitrary deprivation of property of goods of informal traders; and comply with the court orders and respect the rule of law.