Inter-Ministerial Committee on Ratification and
Domestication of Treaties resident in the
Ministry of Justice, Legal and Parliamentary
Affairs.
Ÿ
and respect for human rights premised upon
the supremacy of the constitution and respect
for the rule of law. President Mnangagwa
signed the African Charter for Democracy,
Elections and Governance (ACDEG) in March
2018 on his visit to Rwanda for the AU Heads
of States meeting. But this Charter has not
been ratified and domesticated. The Charter
was adopted in 2007 and came into force in
2012 after obtaining the requisite 15
ratifications. All but two SADC countries have
now signed the Charter, the two being
Botswana and Tanzania. Pertinently, the
government under President Mugabe had
repeatedly and consistently stated that it
would never sign the Charter because it was
“Western and Western-imposed”. There is
even reflected in correspondence between
the government and the AU on this aspect. An
interesting anecdote is that disgruntled
members of the ruling party wrote to the AU
and to SADC in December 2017 seeking to
invoke provisions of the Charter following the
events of November 2017 that led to the
removal of President Mugabe.
Ÿ
Disability rights protection – United
Nations Convention on the Rights of People
with Disabilities - The CRPD is the first and
most comprehensive international
instruments providing for a full catalogue of
rights and protections afforded to people with
disabilities. The Convention sets out rights,
benchmarks, duties and enforcement
mechanisms. Zimbabwe ratified the CRPD
and its Optional Protocol on 23 September
2013, thereby becoming the 135th state
party to ratify the Convention and its
Optional Protocol. The CRPD has been the
most swiftly ratified international treaty
internationally. Over 90% of the total
membership of the United Nations has
ratified, together with the European Union.
Zimbabwe is however yet to domesticate the
Convention. Domesticating the Convention
will provide a legal tool through which to
enforce comprehensive protection of the
rights of people with disabilities, formulate
policy, and to enforce compliance where
duties and responsibilities are abdicated.
Other challenges include the following double
standards shown by government and lack of
political will – with the government showing
commitment to rights internationally, but acting
otherwise domestically; cost of domestication
(financial and otherwise in both the
domestication and the implementation
processes); and the lack of prioritisation within
cabinet and parliamentary systems.
Conventions and treaties that
Zimbabwe is yet to ratify and
domesticate
Ÿ
Ÿ
Children’s rights – Third Optional Protocol
to the UNCRC on a Communications
Procedure - The UNCRC and the ACRWC
have been largely domesticated in the
Constitution and across various child
protection statutes. The two optional
protocols to the UNCRC were also ratified by
the government. However, there are still
some gaps which require attention. In 2011,
the UN General Assembly adopted the
Optional Protocol to the Convention on the
Rights of the Child on a Communications
Procedure. The protocol provides for an
enforcement mechanism and procedure that
seeks to ensure that where there is a violation
of the Convention, remedial action is attained
at the earliest possible time. This is achieved
by opening up for non-state actors, including
individuals and children themselves, to refer
cases to the Committee on the Rights of the
Child. The Optional protocol also allows a
state party to raise issues of non-compliance
by another state party to the Committee
directly. There is thus a peer-watch
mechanism introduced.
Elections and democracy - African Charter
for Democracy, Elections and Governance
(ACDEG) - The African Charter on
Democracy Elections and Governance seeks
to promote adherence by African states to the
universal values and principles of democracy
70
STATE OF HUMAN RIGHTS REPORT ZIMBABWE 2018
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