A/HRC/19/14
8.
The National Gender Policy advanced the cause of women’s rights. The massive
investment in education since independence and the land reform programme embarked
upon by Government in 2000 have contributed immensely to the empowerment of the
previously disadvantaged indigenous Zimbabweans. The Indigenisation and Economic
Empowerment Policy facilitated and enhanced the greater participation of the people in
mainstream economic activity and access to the means of production and self-sustenance.
9.
Regarding criticisms levelled, particularly against the Public Order and Security Act
(POSA) and the Access to Information and Protection of Privacy Act, Zimbabwe remained
convinced that the two laws, among other legislation, were fair and constitutional
mechanisms to regulate the conduct of meetings in a democratic State. It rejected the views
that these pieces of legislation unjustifiably interfered with some liberties of the individual
and noted that there was strikingly similar legislation in the jurisdictions of some Member
States.
10.
Zimbabwe had an independent judiciary tasked with the impartial interpretation of
human rights law and continuous development of human rights jurisprudence. The
Constitution guaranteed the independence of the judiciary and the newly promulgated
Judicial Service Act provided for its budgetary autonomy.
11.
Zimbabwe was run by a Government of National Unity (GNU), comprising the three
main political parties which were signatories to the Southern Africa Development
Community (SADC)-facilitated Global Political Agreement (GPA).
12.
Zimbabwe responded to advance questions asked by some Member States. The
delegation reported that the three political parties had negotiated a legal framework that
would ensure free and fair elections. The framework was captured in the Electoral
Amendment Bill which was before Parliament.
13.
Regarding POSA, the delegation affirmed that it was in its present form adequate to
regulate meetings, gatherings and demonstrations. POSA was amended in 2007 as a result
of negotiations among the major political parties and was modelled along the provisions of
the South African legislation.
14.
GPA further provided for the need to train security-sector personnel in subjects such
as human rights. The security services were appointed to uphold and defend the
Constitution of Zimbabwe and their conduct was regulated by Acts of Parliament,
Regulations and Standing Orders. The concerns of Western countries regarding the
politicization of the police and military authorities, were misplaced, subjective and
grounded in error. The Security Sector Reform that is demanding the dismissal of former
liberation combatants from the uniformed forces was unacceptable.
15.
As for the death penalty, the issue was being considered in the Constitution-making
process. The ratification of the Second Optional Protocol to the International Covenant on
Civil and Political Rights would be considered once a position had been reached on
whether or not to abolish the death penalty. Zimbabwe reported that the ratification of the
Convention against Torture was under active consideration by the Government which
would review the legislation and identify gaps before ratifying and domesticating the
Convention.
16.
The delegation informed the Working Group that legislation which governed the
detention of offenders was in line with the United Nations Standard Minimum Rules for the
Treatment of Prisoners. Furthermore, the Government had set up an Inter-Ministerial Task
Force to look into the conditions of detention facilities and make recommendations on their
improvement.
17.
Zimbabwe stated that it passed the Domestic Violence Act in 2007. In line with the
Act, an Anti-Domestic Violence Council was established in 2009 with the overall mandate
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