CHAPTER 12 BUSINESS AND HUMAN RIGHTS Accountability and Human Rights Protections Corporate violation of human rights and impunity is just as reprehensible as government impunity. One challenge with business and human rights is when government has no determined and definitive policy regarding business and human rights. When the government itself has shown little concern and interests in human rights, it becomes very easy for business to flout human rights without much government sanction. Section 44 of the Constitution places both negative and positive obligations on natural and juristic person, public and private, to respect, protect, promote and fulfil human rights. This provision, properly applied, has the potential of making Zimbabwe the world’s leading jurisdiction on business and human rights – reason being the wide range of individuals and institutions, including businesses, upon which a duty is placed. No other Constitution does the same. The “Zimbabwe is open for business mantra” characterised the Mnangagwa government’s approach. The danger posed in that was that often key safeguards to ensure human rights compliance by business already operating and seeking to operate were not prioritised, effectively turning a blind eye to human rights violations. Without more, the mantra gives the impression that businesses can do all they please for as long as they are making some form of economic contribution. Businesses must take care of the environment, engage in fair labour practices, and observe fundamental human rights. Zimbabwe is also in danger of a certain kind of capitalism where judges, senior police and army officials, and government officials, have vested interests in an under-remunerated labour force, and in lack of compliance scrutiny on human rights. This is because several the such officials are beneficiaries of farms, companies and mines through the government economic empowerment programmes. These conflicted officials would have little incentive in driving the business and human rights agenda. This may partly explain why government has not taken visible interest in ensuring ethical and human rights compliant business practices. Specific Cases Ÿ A labour dispute arose at Hwange Colliery Company since January over the non-payment of outstanding salaries for workers of the mining company. The wives of the workers staged a protest at the premises of the company, prompting the company to approach the High Court to bar the protestors and to evict them. However, High Court Judge Justice Lavender Makoni dismissed the urgency of the claim by the company. Ÿ In Zimre Park, Harare, 14 houses were damaged with cracks, fallen ceilings and shattered windows as a result of rock blasting carried out by a private property developer, Integrated Construction Projects (ICP) during road construction. The property developer denied liability over the damages, prompting the residents to approach the ZLHR for legal assistance in seeking compensation. 52 STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018