Constitution Watch 6/2019 Why Hasn'tZimbabwe Adopted the UN Convention Against Torture?
28 June 2019
The Secretary-General’s message notes a movement towards the universal
ratification of CAT. Zimbabwe , regrettably, is not part of this movement, and we
remain out of step with most of the rest of the world, of Africa and of SADC.
The current position can be summed up as follows:
• 166 of the 193 United Nations member states have adopted CAT and are
State parties.
• Of the fifty-five African countries, only two – Tanzania and Zimbabwe have
neither signed nor ratified CAT.
• Of the sixteen SADC countries, thirteen have adopted CAT and are State
parties – these include all four of our immediate neighbours – Botswana
[2000], Zambia [1998] , Mozambique [1999] and South Africa [1998].
Comoros, a SADC member since 2017, signed CAT in 2000 and ratified it in
May 2017. Of the remaining three, Angola signed in 2013 but has not ratified.
Only Zimbabwe and Tanzania have neither signed nor ratified.
In sharp contrast to the lack of movement in Zimbabwe our southern neighbour and
fellow SADC member, South Africa – which signed CAT in 1993 and ratified it in
1998 – celebrated the day with the news that it has just enhanced its commitment to
fight torture by ratifying OPCAT – the Optional Protocol to CAT. South Africa’s
instrument of ratification of OPCAT was deposited at UN headquarters in New York
on 20th June. [OPCAT adds another, more pro-active layer to the international
framework against torture by emphasising prevention of torture by inspection of
prisons and other places of detention as opposed to reacting to torture by
prosecuting and punishing its perpetrators.]
Existing Constitutional Provisions and Criminal Law Inadequate
In Chapter 4, the Constitution of Zimbabwe provides that no person may be
subjected to physical or psychological torture [section 53], that the right not to be
tortured may not be limited by any law and that no person may violate the right
[section 86(3)]. This makes the right an “absolute” or “non-derogable” right, the
violation of which is never justifiable under any circumstances.
It is sometimes suggested that these constitutional provisions and our criminal law
render it unnecessary to take further steps to punish and combat torture. Past
experience and our history give the lie to that suggestion – Zimbabwe cannot claim
that torture does not occur here.
The Constitution itself recognises that general statements are not enough – which is
why section 11 lays down that “the State must take all practical measures to protect
the fundamental rights and freedoms in Chapter 4 and promote their full realisation
and fulfilment” [section 11]. Adopting CAT and implementing its provisions would
go some way to complying with this constitutional obligation. To illustrate this, we
end this bulletin by repeating passages from Constitution Watch 6/2017 issued to
mark the International Day on 26th June 2017.
What is CAT?
CAT is a United Nations convention which requires States to take effective
measures to prevent torture within their territories and prohibits them from
transporting or extraditing people to any country where there is reason to believe