The African Commission noted in the Amnesty International v Sudan²⁵ case, that “ratification obliges a
state to diligently undertake the harmonization of its legislation to the provisions of the ratified
instrument”. Article 1 of the ACHPR directs States parties to “adopt legislative or other measures to
give effect to the rights protected under the Charter”. It further stated that “Article 1 of the Charter
confirms that the government has bound itself legally to respect the rights and freedoms enshrined in the
Charter and to adopt legislation to give effect to them”.²⁶
Regional African Standards
Article 4 (0) of the Constitutive Act of the African Union²⁷ sets out that members of the African Union
(AU) will function in accordance with the principle of respect for sanctity of human life,
condemnation and rejection of impunity and political assassination, acts of terrorism and subversive
activities. Principle (m) of the same article demands a respect for democratic principles, human rights,
and the rule of law and good governance. Zimbabwe in signing and ratifying this Constitutive and being
a member of the African Union, pledged to adhere to such principles.
The African Charter,²⁸ in Article 4 states:
Human beings are inviolable. Every human being shall be entitled to respect for his life and the
integrity of his person. No one may be arbitrarily deprived of this right”. ²⁹
Article 7 of the same Charter guarantee one's right to be heard before the court and to be presumed
innocent until proved guilty.
The Resolution on the fight against Impunity in Africa³⁰ urges State Parties to the African Charter
to:
comply with their obligations to investigate serious human rights violations, and hold
perpetrators accountable in accordance with applicable regional and international human
rights standards; take the necessary legislative and other measures to put an end to impunity
and ensure that all the perpetrators of serious human rights violations are prosecuted; adopt
necessary laws, policies and mechanisms to guarantee the rights to justice, truth and
reparation for victims of serious human rights violations and international crimes.
Zimbabwe's Legal Framework
The Zimbabwe Constitution³¹ enshrines the country's founding values and principles including the rule
of law, fundamental human rights and freedoms, recognition of the inherent dignity and worth of each
human being, recognition of the equality of all human beings, and good governance. It further
elaborates on the principles of good governance, “which bind the State and all institutions and agencies
of the government at every level”, to include “transparency, justice, accountability and
responsiveness”.
²⁵ 48/90-50/91-89/93 Amnesty International Comite Loosli Bacherlard, Lawyers Committee for Human Rights Association of Members of the Episcopal
Conference of East Africa/Sudan, available at: http://www.achpr.org/commuications/decision/48.90-50.91-89.93/.
²⁶ Ibid at para 40.
²⁷ Organization of African Unity (OAU), Constitutive Act of the African Union, 1 July 2000
²⁸ The African Charter on Human and Peoples‟ Rights (adopted 27 June 1981, entered into force 21
October 1986) (1982) 21 ILM 58 (Banjul Charter).
²⁹ Organization of African Unity (OAU), African Charter on Human and Peoples' Rights ("Banjul Charter"), 27 June 1981, CAB/LEG/67/3 rev. 5, 21
I.L.M. 58 (1982).
³⁰ Resolution on the fight against impunity in Africa - ACHPR/Res. 344(LVIII) 2016.
³¹ Constitution of Zimbabwe Amendment (No. 20) Act, 2013 [Zimbabwe], 22 May 2013.
Anti-Impunity Report
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