8.8 Discrimination and Unfair Labour Practices Displacement 4% TOTAL DISTRIBUTION OF VIOLATIONS Blackmail 13% Discrimination Bi-Sexual 0% 2017 Lesbian 18% Assault 18% Discrimination 7% Discrimination Unfair Labour Practice 2% Hate Speech 1% 2016 Intersex 0% Transgender 0% Threat 15% Detention 7% Police Harrassment 8% Discrimination 2014 Disownment 7% Outed 11% 2015 Gay 82% Invasion of Privacy 7% 2013 2012 0 1 2 3 4 5 6 7 8 Discrimination suffered by LGBTI persons encompassed cases such as unfair labour practices - which are actions taken by an employer that violate the Labour Act, denial of service or treatment in public institutions based on one’s sexual orientation or gender identity. Although categorised differently in the source reports, unfair labour practice constitute a form of discrimination. It is well worth noting that provisions under the Zimbabwean constitution guarantee gender equality as one of the key founding values and principles of the country’s laws20. In particular, Section 56 (3)21 states that every person has the right not to be treated in an unfair and discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status. It is therefore not negotiable whether these provisions of the constitution provide for the protection and non-discrimination of LGBTI persons or not. The 2012-13 GALZ Violations Report noted the continuation of discrimination with impunity on the grounds of sexual orientation due to persistent prejudicial views regarding homosexuality, coupled with failure of Zimbabwe’s legal system to protect sexual and gender minorities. A review of the violations reports between 2012 and 2017 shows that a number of complainants experienced discrimination in public health care facilities simply because of their sexual orientation or gender identity. The adverse effects of such unfriendly 20 21 (Section 3) Constitution of Zimbabwe Section 56 (3) Constitution of Zimbabwe An analysis of the state of human rights violations against LGBTI persons in Zimbabwe (2011-2017) 32

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