A/HRC/44/50/Add.3
reality is that dissenting voices have played a meaningful contribution in the country’s
trajectory in many ways, including during the landmark Constitutional Commission
Referendum of 2000, in which the pro-opposition parties’ ‘NO’ Vote triumphed over the
‘Yes’ Vote favoured by the ruling party. This demonstrates that the playing field has always
been level and the democratic space has always been open to allow citizens to exercise their
rights to freedom of assembly and association.
19.
An assertion by the Special Rapporteur that ‘…through constitutional amendments,
the country was transformed from a parliamentary democracy to a presidential autocracy,
where little attention to the rule of law was paid', is not factual and unwarrantedly damaging.
Where such an assertion is made in a mission report of this magnitude, one would ordinarily
expect an evidence based demonstration to follow by giving concrete examples.
20.
In fact, the nineteen amendments to the Constitution of Zimbabwe prior to the current
2013 Constitution were all executed in terms of the laid down procedures of amending the
Constitution, which usually require a higher threshold of Parliamentary approvals. Land mark
amendments were witnessed during the period in question, including the expansion of
representative democracy by reintroducing the upper house of Parliament in 2005 1,
entrenching the non-reversibility of land reform2 and establishment of human rights
institutions such as the Zimbabwe Human Rights Commission (ZHRC) and the Zimbabwe
Anti-Corruption Commission (ZACC)3.
B.
Normative and institutional framework
21.
The Special Rapporteur misrepresented facts when he highlighted that Zimbabwe is
only compliant with the Universal Periodic Review (UPR) mechanisms. The Government of
Zimbabwe is actively fulfilling its reporting obligations in respect of some of the core
international and regional human rights treaties, as shown in Table 1 below:
Table 1: Core International Human Rights Treaties to which Zimbabwe is party
1
2
3
6
Treaty
Status
Reservations/
Derogations
International Covenant
on Economic, Social and
Cultural Rights
Ratified
13 May 1991
None
International Covenant
on Civil and Political
Rights
Ratified
13 May 1991
None
International Convention
on the Elimination of All
Forms
of
Racial
Discrimination
Ratified
10 April 1997
None
Convention
on
the
Elimination of All Forms
of Discrimination against
Women
Ratified
13 May 1991
None
Convention on the Rights
of the Child (CRC)
Ratified
8 March 1990
None
Constitution of Zimbabwe Amendment No. 17 of 2005.
Ibid.
Constitution of Zimbabwe Amendment No. 19 of 2009.
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