4.0 Findings
4.1 Forms of abuse
Forms of abuse identified were arranged into five categories, as follows:
1. Violations of the security of the person
2. Violations pertaining to access to justice
3. Violations of expression and assembly rights
4. Violations of rights of special interest groups
5. Violations of socio-economic and cultural rights
The nature and form of the broad range of violations falling under these categories will be
elaborated upon below.
4.1.1 Violations of the security of the person
Violations involving unlawful deprivation of life (murder), rape, enforced or involuntary dis
appearances, and arbitrary arrest or detention.
4.1.1.1 Unlawful deprivation of life
Arbitrary deprivation of life that is outside the provisions of local and international law. It excludes
the imposition of the death penalty as a result of a judicial process which does not contravene
certain minimum safeguards imposed by human rights law and the constitution of Zimbabwe.
Policy
Zimbabwean laws and policies do not directly condone unlawful deprivation of life. The state has
ratified the UDHR and the ACHPR, which prohibit state involvement in or acts related to the
unlawful deprivation of life. Before the formation of the GNU it was realized that loopholes were
exploited by the state to deprive its citizens of life unlawfully, and this was addressed in Article
18 of the GPA, which committed the parties involved to working together to eliminate the use
of violence to resolve political differences.
The parties specifically agreed, in article 18.5,
(a) To promote the values and practices of tolerance, respect, non-violence and
dialogue as a means of resolving political differences;
(b) To renounce and desist from the promotion and use of violence, under
whatever name called, as a means of attaining political ends; …
(d) That all political parties, other organizations and their leaders shall commit
themselves to do everything to stop and prevent all forms of political violence,
including by non-State actors and shall consistently appeal to their members to
desist from violence.
Nature of violations
Despite the formation of the GNU, during 2009 state security agents and ZANU(PF) supporters
continued to commit politically motivated, arbitrary and unlawful killings, indicative of policy
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Zimbabwe Human Rights Report – 2009