A/HRC/19/2
before the adoption of the outcome by the plenary to questions or issues that were not
sufficiently addressed during the interactive dialogue in the Working Group.
1.
Views expressed by the State under review on the recommendations and/or
conclusions, its voluntary commitments and the outcome
703. Zimbabwe recalled that a total of 177 recommendations had been made. Of the 177
recommendations, it had accepted 81, 65 did not receive its support and it undertook to
consider 31 and provide responses thereto prior to or during the nineteenth session of the
Human Rights Council.
704. Zimbabwe had had the opportunity to examine the recommendations and was
pleased to report that, of the 65 recommendations that had not received its support, a total
of 20 had been accepted, leaving the number of those that did not receive its support at 45.
The recommendations that had not enjoyed the support of Zimbabwe but were subsequently
accepted related to the Human Rights Commission, the criminalization of torture, the
submission of periodic reports to treaty bodies, cooperation with the United Nations special
procedures, the prevention of politically motivated violence and intimidation, the
monitoring of places of detention, the ratification of the Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment and the Optional Protocols to
the International Covenant on Civil and Political Rights, as well as equality between men
and women, including parents and property rights.
705. Zimbabwe had also had the opportunity to examine 31 recommendations, which it
had undertaken to consider and to provide responses. It was pleased to report that all the
recommendations were then accepted except two.
706. The first recommendation that did not enjoy the support of Zimbabwe was to set a
higher age of criminal responsibility for children and to take all necessary measures to
establish a specialized juvenile justice system, where children were treated in accordance
with the principle of the best interests of the child. Zimbabwe explained that the Criminal
Law (Codification and Reform) Act provided that children under the age of 7 lacked
criminal capacity and should not be tried or convicted of any crime, while children between
the ages of 7 and 14 were presumed to lack the capacity to form the intention to commit a
crime. This recommendation did not enjoy the support of Zimbabwe because children under
the age of 12 were committing such serious offences as rape. Nevertheless, Zimbabwe had
in place a pretrial diversion programme for juvenile offenders and the victim-friendly court
system. These ensured that the principle of the best interests of the child was observed. A
legal assistance programme to provide children with all forms of legal assistance was in the
process of being formulated. Moreover, the courts, when adjudicating on cases involving
juveniles, took into account the fact that the principle of the best interests of the child was
paramount.
707. The second recommendation that did not enjoy the support of Zimbabwe was to
amend expeditiously the Births and Deaths Registration Act to ensure that all children born
in Zimbabwe, regardless of their parents’ origin, were issued with birth certificates.
Zimbabwe pointed out that there was no need to amend the Act as it sufficiently provided
for the registration of the birth of every child born in Zimbabwe. Each child was issued
with an appropriate birth certificate in accordance with his or her status.
708. Zimbabwe was fully committed to honouring its obligations with regard to the
promotion and protection of human rights. Zimbabwe then confirmed that it was in line
with that commitment that the accepted recommendations would be implemented.
709. Zimbabwe pointed out that recommendation 94.3 had been omitted in the addendum
to the report of the Working Group. It did not support that recommendation.
GE.13-14768
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