CHAPTER 16 RATIFICATION AND DOMESTICATION OF INTERNATIONAL TREATIES AND INSTRUMENTS Zimbabwe and International Law and incorporated into the domestic laws through an Act of Parliament. Zimbabwe follows a dualist legal system, with a clear distinction between national and international law. International law instruments do not automatically become law in the country but require ratification and domestication. Four provisions in the Constitution regulate the operation of international law in Zimbabwe: Ÿ Section 34 requires that “The State must ensure that all international conventions, treaties and agreements to which Zimbabwe is a party are incorporated into domestic law”. Ÿ Section 46(1)(c) requires that when interpreting the Declaration of Rights, a court, tribunal, forum or body must consider international law and all treaties and conventions to which Zimbabwe is a party. Ÿ Section 326(1) and (2) provide that customary international law is part of the law of Zimbabwe, unless it is inconsistent with this Constitution or an Act of Parliament, and that when interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with that law. Ÿ Section 327(2) provides that an international treaty which has been concluded or executed by the President or under the President’s authority does not bind Zimbabwe until it has been approved by Parliament, and does not form part of the law of Zimbabwe unless it has been incorporated into the law through an Act of Parliament. An analysis of the Zimbabwean Constitution leads to the conclusion that most rights that are now part customary international law are captured in the Constitution. A cross-section of such ratified and to some extent domesticated international instruments include the United Nations Convention on the Rights of the Child (UNCRC), African Charter on the Right’s and Welfare of the Child (ACRWC), International Covenant on Economic, Social and Cultural Rights (ICESCR), International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW). An example of domestication done in Zimbabwe through legislation are the United Nations Convention against Transnational Organised Crime and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children against Transnational Organised Crime, both of which were concluded on 15 November 2000, which were domesticated by the Trafficking in Persons Act [Chapter 9:25]. Zimbabwe has been criticised for its slow pace in domesticating international legislation, a development that has been attributed to a number of factors including the delays caused by the onerous task of changing policies, the conflict between international conventions and parts of domestic law of Zimbabwe, and the fragmentation to different ministries of the responsibility of domesticating international legislation, some of which did not have appropriate capacity to domesticate international legislation. The latter issue was, however, overcome with the creation of an In accordance with the dualist approach, international treaties ratified or acceded to by the Zimbabwean Government will not become self-executing upon ratification or accession. Treaties must first be approved by Parliament 69 STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018