IX. Zimbabwe’s International Human Rights Obligations
Since the March 29 general elections, the government of Zimbabwe has been
responsible for numerous and widespread violations of international human rights
law. These include torture and other cruel, inhuman or degrading treatment,
arbitrary arrests and detention, and extrajudicial executions. In addition to
protections provided under its Constitution,122 Zimbabwe is party to international
human rights treaties, including the African Charter on Human and Peoples’ Rights123
and the International Covenant on Civil and Political Rights (ICCPR),124 that prohibit
such practices.
Governments have a duty to investigate and prosecute serious violations of
physical integrity under international law. The UN Human Rights Committee,
which monitors the compliance of state parties to the ICCPR, has stated that
governments not only have a duty to protect their citizens from such
violations, but also to investigate violations when they occur and to bring the
perpetrators to justice.125 According to the committee, when investigations
uncover violations of human rights:
States Parties must ensure that those responsible are brought to
justice. As with failure to investigate, failure to bring to justice
perpetrators of such violations could in and of itself give rise to a
separate breach of the Covenant. These obligations arise notably in
respect of those violations recognized as criminal under either
domestic or international law, such as torture and similar cruel,
inhuman and degrading treatment (article 7), summary and arbitrary
[and] killing (article 6) … Indeed, the problem of impunity for these
violations, a matter of sustained concern by the Committee, may well
122
Chapter 3, the Bill of Rights, Constitution of Zimbabwe 1979.
123
African [Banjul] Charter on Human and Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, entered into
force October 21, 1986, ratified by Zimbabwe on May 30, 1986.
124
International Covenant on Civil and Political Rights (ICCPR), G.A. res. 2200A (XXI), U.N. Doc. A/6316 (1966), entered into
force March 23, 1976, acceded to by Zimbabwe on August 13, 1991.
125
U.N. Human Rights Committee, General Comment No. 31 on Article 2 of the Covenant: The Nature of the General Legal
Obligation Imposed on States Parties to the Covenant, U.N. Doc. CCPR/C/74/CRP.4/Rev.6 (2004), para 15.
57
Human Rights Watch 2008
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