The interpretation of the constitution and any other law must put observance of human rights
at the center.
To establish the strength of the COPAC draft constitution as an effective response to the human rights
crisis in Zimbabwe, an analysis of the bill of rights as provided in the COPAC draft’s chapter four is
conducted against the above stated standard requirements.
Analysis in terms of content
Unlike the current constitutional dispensation, this draft provides for a very wide/expansive declaration
of rights which will be very useful for Zimbabweans or persons in Zimbabwe as they seek to enforce
different types of rights against any of the tiers of government or private persons. Thus, one can claim
not only civic and political rights but also the socio- economic and cultural rights which include right to
education and access to basic health care. It however does not provide for the right to shelter. The
current (Lancaster House) constitution does not provide for socio-economic rights and environmental
rights. The COPAC draft provides for environmental rights. This can be useful for Zimbabweans as they
seek redress for and protection from hazardous environmental activities by anyone. Environmental
rights will also contribute to sustainable development, protecting the right of future generations to
benefit from natural resources. Given the discovery of mineral resources, leading to the rise of mining
activities in local communities, the provision of environment rights under the COPAC draft could be a
very timely constitutional intervention.
Justiciability of the rights enshrined
Section 4.1 binds the court (as an institution of the state) to respect, protect and promote and fulfill all
the rights set out in Chapter 4. This guarantees the justiciability of all the rights in this draft. This means,
all the rights enshrined under Chapter 4 can be enforced by a court of law. This augurs very well with
regional and international human rights law best practices as seen in the constitutions of South Africa,
Kenya and Canada.
Application of the bill
The declaration of rights can be enforced both vertically and horizontally. Vertically, one can claim any
of the given rights against the state or organs of state. Horizontally, one can claim the enforcement of
his/her rights against any other private person whether that person is a natural person or a juristic
person like a corporate company. This is very much in line with the human rights law standard practice
in sound constitutional democracies that include Canada, South Africa and USA.
Locus standi (who can claim the enforcement of the rights)
Section 4.40 provides for wide and flexible criteria of deciding one’s eligibility/locus standi to claim the
enforcement of the given rights. Any of the following persons have such locus standi;
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