A/HRC/44/50/Add.2
political and social pressures. 4 The majority of the population rely on small-scale
agriculture and mining in the informal sector; their livelihoods are vulnerable to rushed and
ideologically driven changes with clear differences between urban and rural areas.
18.
In 2018, the Human Development Index of Zimbabwe was 0.563, putting it in 150th
place among United Nations-recognized territories.5 Based on consistent time-series data
and new goalposts,6 the index increased 13.2 per cent, from 0.498 to 0.563, between 1990
and 2018, while the standard of living, measured by gross national income per capita,
decreased by about 1.2 per cent.
B.
Normative and institutional framework
19.
Zimbabwe has ratified several international human rights treaties 7 and International
Labour Organization (ILO) conventions. 8 It has not issued a standing invitation to the
special procedure mandate holders; however, in 2018, it extended invitations to six mandate
holders.9
20.
Zimbabwe was reviewed under the universal periodic review in 2011 and 2016 and
will be reviewed again in November 2021. During the previous review, concerns were
raised with regard to the exercise of civil and political rights and the need to align
legislation and policies with the new Constitution. More specifically, recommendations
referred to, among other things, repealing the Public Order and Security Act and the Access
to Information and Protection of Privacy Act, halting the ban on public demonstrations,
creating an environment that fostered the exercise of the rights to freedom of expression,
assembly and association, including respect for the independence of civil society
organizations, and ensuring the operationalization of its key independent institutions
(A/HRC/34/8).
21.
Zimbabwe has a mixed legal system of English common law, Roman-Dutch civil
law and customary law. The Constitution of Zimbabwe is the supreme law of the State and
contains legal safeguards for the protection of human rights and fundamental freedoms.
22.
The Constitution contains a declaration of rights, which refers to fundamental
human rights and freedoms. It guarantees the freedom of assembly and of association and
the right not to assemble or associate with others and the freedom to demonstrate and
petition, indicating that every person has the right to demonstrate and to present petitions,
but these rights must be exercised peacefully. It also prescribes the limitations to
fundamental human rights and freedoms, including during a public emergency.
23.
At the time of the visit, the right to peaceful assembly was governed by the Public
Order and Security Act, which was repealed in November 2019 by the Maintenance of
Peace and Order Act. The right to freedom of association is mainly regulated by the Private
Voluntary Organizations Act and the Deeds Registries Act.
24.
Two independent constitutional institutions with whom the Special Rapporteur met
were the Zimbabwe Human Rights Commission and the National Peace and Reconciliation
Commission. The Zimbabwe Human Rights Commission has a mandate to promote, protect
and enforce human rights and fundamental freedoms and has taken an active role in
4
5
6
7
8
9
4
See https://blogs.worldbank.org/voices/zimbabwe-how-can-diaspora-contribute-development.
See Human Development Report 2019 – Beyond Income, Beyond Averages, Beyond Today:
Inequalities in Human Development in the 21st Century (United Nations publication, Sales No.
E.20.III.B.1).
See United Nations Development Programme, “Briefing note for countries on the 2019 Human
Development Report, Zimbabwe” (2019). Available at http://hdr.undp.org/sites/all/themes/
hdr_theme/country-notes/ZWE.pdf.
See the Treaty Body database: https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/
Treaty.aspx?CountryID=195&Lang=EN.
See the Information System on International Labour Standards: www.ilo.org/dyn/normlex/
en/f?p=1000:11200:0::NO:11200:P11200_COUNTRY_ID:103183.
A/HRC/40/38/Add.1, p. 17, footnote 5.
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