Zimbabwe can reinstate death penalty during a state of emergency

Zimbabwe's recent decision to abolish the death penalty has been hailed as a significant milestone for human rights. However, a provision in the new Death Penalty Abolition Act allowing for the reinstatement of capital punishment during a state of emergency has sparked concern among human rights activists.

The act, which eradicates the death penalty for all crimes, marks a historic moment for Zimbabwe. As of the end of 2023, 59 individuals were known to be on death row in the country.

The controversial provision, introduced under the Defence Act, permits the death penalty's reinstatement if a state of public emergency is declared under Section 113 of the Constitution. Activists argue this undermines the law's progressive intent.

Amnesty International Zimbabwe executive director Lucia Masuka praised the abolition but called for the removal of the clause.

"By enacting the Death Penalty Abolition Bill, Zimbabwe has taken a major step towards aligning its laws with international human rights standards. However, the possibility of reinstatement during emergencies undermines the fundamental principle of the right to life," Masuka said.

She emphasized that Zimbabwe's decision serves as a beacon of hope for abolitionist movements across Africa but urged lawmakers to fully abolish the death penalty by eliminating the contentious provision.

Zimbabwe Human Rights Association (ZimRights) director Dzikamai Bere described the abolition as the most progressive human rights action taken by the government since the adoption of the 2013 Constitution.

"This is a monumental victory for human rights activists who have campaigned for decades. However, the reinstatement clause is regrettable. The right to life is absolute and should never be compromised," Bere said.

He called on President Emmerson Mnangagwa to push for a total abolition of the death penalty, noting his long-standing advocacy for its removal dating back to his tenure as Justice Minister.

Crisis in Zimbabwe Coalition chairman Peter Mutasa echoed Bere's sentiments, adding that the death penalty risks being abused in authoritarian settings.

"Death penalty is irreversible, and in unjust systems, innocent people may be executed. This provision leaves room for potential misuse, which is a threat to human rights," Mutasa said.

Zimbabwe joins 24 African countries and 113 nations globally that have abolished the death penalty entirely. The move aligns with international trends toward safeguarding the right to life.

While public opinion in Zimbabwe remains divided, with some citizens supporting capital punishment for severe crimes, activists insist that justice must never infringe on human dignity or the right to life.

The debate over the reinstatement clause is expected to continue as activists push for full abolition and the unconditional protection of human rights.