A/HRC/44/50/Add.3
Optional Protocol to the
CRC on the involvement
of children in armed
conflict
Ratified
22 May 2013
None
Optional Protocol to the
CRC on the sale of
children,
child
prostitution and child
pornography
Ratified
14 February 2012
None
Convention on the Rights
of
Persons
with
Disabilities
Ratified Sept 2013
None
22.
It is important to observe that even the Special Rapporteur on the Right to Food,
Professor Hilal Elver, on her visit to Zimbabwe between 18 and 28 November 2019,
acknowledged the safeguard of fundamental human rights and freedoms, as well as the
robustness of remedies in their protection and promotion through a meticulous set of human
rights based laws and the Constitution.
23.
The Special Rapporteur also failed to acknowledge Zimbabwe’s commitment to the
regional human rights mechanisms. For instance, Zimbabwe was recently reviewed by the
African Commission on Human and Peoples’ Rights (ACHPR) in November 2019, and to
this end, the Government of Zimbabwe is up to date with its obligations under the ACHPR.
24.
Zimbabwe has also responded timeously to the communications from the various
regional and international human rights mechanisms. Examples of communications
responded to by the Government of Zimbabwe whose subject matters related to issues raised
by the Special Rapporteur were received between April and May 2019 and they are as
follows:
(a)
Communications by the HRC Special Procedure Mandate Holders Regarding
Allegations of Violent Repression and Excessive Use of Force in the 14-16 January 2019
demonstrations;
(b)
Letter of appeal from the ACHPR Country Rapporteur on the human rights
situation in the Republic of Zimbabwe regarding the allegations of violent suppression of
protests, extra-judicial killings and the shutting down of the internet on 15-17 January 2019;
(c)
ACHPR Special Rapporteur on Freedom of Expression and Access to
Information in Africa regarding the Situation of Freedom of Expression and Access to
Information in the Republic of Zimbabwe; and
(d)
Letters of Appeal from the Special Rapporteur on Human Rights Defenders
and Focal Point on reprisals in Africa with regards to allegations of Arbitrary Detention of
Human Rights Defender Mr. Rashid Mahiya; arbitrary arrest and judicial harassment against
Mr. Okay Machisa and Mr. Evan Mawarire.
III. The exercise of the right to freedom of peaceful assembly
A.
Legal framework
25.
The Special Rapporteur raised concerns pertaining to what he refers to as “… the
restrictive provisions contained in the legislation … (and) … regrets that it was adopted
without taking due consideration of them” in respect of the Maintenance of Peace and Order
Act (MPOA). However, when the Special Rapporteur met the Honourable Minister of
Justice, Legal and Parliamentary Affairs during the period of his mission visit, it was
explained to him that the enactment of the MPOA was a bipartisan process in both Houses
of Parliament, namely, the National Assembly and the Senate.
7
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