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

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