A/HRC/44/50/Add.3
51.
While the security services are mandated to protect the area, Government does not
subscribe to the picture of militarisation being painted by the Special Rapporteur, as it is
untrue. The security details manning the area are meant to enforce order in the mining area
and to ensure that only those licensed to practise environmentally friendly mining do so
without disturbances and threat from invading illegal miners. The security personnel there
has co-existed well with the community over the years. The Special Rapporteur’s bald
assertion without evidence-based data of the security’s harm to the community is a cause for
concern. In any event, the security’s mandate has no concern with the Community Based
Organisations (CBOs), which organise for the purpose of peacefully engaging or holding
government to account on its facilitation of the exploitation of diamond resources in
Marange. Protection of diamond deposits, gold and other special mineral resources is not
only unique to Marange area nor is it unique to Zimbabwe, but an established world-wide
good practice.
52.
The Special Rapporteur reported what he called “…an increasing frustration in
relation to the governance of natural resources by rural communities who feel directly
affected by activities that are not in compliance with national legislation and that leave them
very little benefit after the exploitation of the resources”. This reportage by the Special
Rapporteur is misleading and is not backed by any evidence of such frustration. The Special
Rapporteur ignored the evident devolution and community empowerment policies being
championed by the Government in Marange, especially under the Community Share
Ownership Trust (CSOT) called Zimunya Marange CSOT. The CSOT is an inclusive
initiative which is spearheaded by local actors and stakeholders including Chiefs, Rural
District Council Officials (Local Authority), and District Administrators, opinion leaders,
women and youth based CBOs.
53.
The CSOT has been working closely with the Government state owned
venture/enterprise called Zimbabwe Consolidated Diamond Company. The ZCDC has
formulated a sustainable corporate social responsibility programme which has contributed to
economic and social advancement in Marange. ZCDC goes beyond having profit-making
objectives as it seeks to develop the society within its reach and accordingly, takes initiatives
to contribute towards the welfare of various segments of society by undertaking socially,
environmentally and economically useful programmes for sustainable development of the
community. ZCDC belongs to an interdependent ecosystem comprising Shareholders,
Associates, Employees, Government, Environment and Society and there is a commitment
by all these stakeholders.
54.
The Special Rapporteur became aware of worrying allegations related to the co-opting
by the ZCDC of the members of trusts and associations, who have been dissuaded from their
activism and asked to adopt a favourable position in benefit of the ZCDC image among the
local communities. The Government of Zimbabwe rejects this allegation as it is not true.
What the Government has done is to adopt an open-door policy to all members of trusts and
associations willing to engage with it and ZCDC. More often, ZCDC has embraced views of
the community and suggestions, particularly of which community projects to be prioritized.
IV. The exercise of the right to freedom of peaceful association
A.
Legal framework
55.
The Special Rapporteur precisely identifies the Private Voluntary Organisations Act
(PVOA) and Trusts as mechanisms through which Non-Governmental Organisations
(NGOs) are governed and registered in Zimbabwe to provide social and welfare services to
the country in various areas of governance, human rights and livelihoods.
56.
The Special Rapporteur, however, criticized the legislative and administrative
monitoring mechanisms prescribed to ensure that the PVOs which more often than not are
non-profit making, operate in public interest. The measures in place are in line with
international standards in registration of PVOs and Trusts. This is especially crucial when
the National Risk Assessment of Non-Profit Organisations (NPOs) world-wide has identified
NPOs as conduits of money laundering and financing of terrorism.
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