prospecting license or EPO is not permitted to mine for minerals; once a discovery of
minerals is made it must be registered as a mining location for which a mining lease or a
special grants license must then be secured to permit lawful mining.35
The Precious Stones Trade Act (PSTA), 1978 (Chapter 21:06) regulates the possession of and
dealing in precious stones, which include rough or uncut diamonds, rough or uncut
emeralds, and, following amendment of the PSTA in November 2007, industrial diamonds.
The act prohibits any person from buying, selling, bartering, exchanging, giving, receiving, or
possessing precious stones unless such person is licensed or holds a permit. A licensed
dealer or permit holder is only permitted to deal in precious stones with persons permitted
by law to be in possession of precious stones, that is, only with registered miners.36 Under
the act, it is unlawful for a licensed dealer to buy precious stones from illegal sources,
including from unlicensed local miners.37
Zimbabwe ratified the African Charter on Human and Peoples’ Rights in 1986, which, among
its many provisions, requires states to protect the right to life (article 4) and property (article
14). Article 5 of the charter states:
Every individual shall have the right to the respect of the dignity inherent in a
human being and to the recognition of his legal status. All forms of
exploitation and degradation of man, particularly slavery, torture, cruel,
inhuman or degrading punishment and treatment shall be prohibited.38
Zimbabwe ratified the United Nations International Covenant on Economic, Social and
Cultural Rights (ICESCR) whose article 11 states that parties to it accept the right of everyone
to an adequate standard of living for himself and his family, including the continuous
improvement of living conditions and prohibition of forced eviction.39 On August 27, 1998,
Zimbabwe ratified International Labour Organisation (ILO) Convention Number 29,
35
Ibid, sec. 291.
36
Precious Stones Trade Act, 1978 (Chapter 21:06), secs. 4 and 5.
37
Ibid, secs. 2 and 3.
38
African [Banjul] Charter on Human and Peoples’ Rights, , adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58
(1982), entered into force October 21, 1986, ratified by Zimbabwe in 1986, art. 5.
39
International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted December 16, 1966, G.A. Res. 2200A
(XXI), 21 U.N. GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force January 3, 1976.
17
Human Rights Watch | June 2009
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