Protecting, Promoting and Enforcing Human Rights and Fundamental Freedom
Promotion of Human Rights [continued]
7.2.2 Dissemination of the Commission's views on key
human rights issues
The Paris Principles state that within the framework of its operation, an NHRI should
address public opinion directly or through any press organ, particularly in order to
publicise its opinions and recommendations. In pursuance of that, ZHRC issued press
statements in the print media and on its website as and when it felt its voice on emergency
human rights issues needed to be heard. For example, ZHRC issued a press statement in
June 2015 in reaction to the Prosecutor-General views on the age of consent to sex and
marriage in Zimbabwe which allegedly seemed to condone child marriages.
ZHRC felt such remarks from the Office of the Prosecutor General had a direct effect of
undermining the efforts which had been made by the Commission, the Government, the
African Union and other organisations in raising awareness of the negative effects of child
marriages in Zimbabwe in particular and in Africa in general. This statement greatly
enhanced the visibility of the ZHRC and clarified the official position of the Commission
and called for the alignment of the laws to the Constitution on the age of marriage, which
is 18 in the constitution but unspecified in customary type of marriages.
On another occasion ZHRC issued a press statement to express its concern over
proposals to introduce examination fees for Grade Seven (7) examination candidates.
ZHRC took the opportunity to remind the Government and the Ministry of Primary and
Secondary Education (MOPSE) that the proposed fee introduction, if true, contravened
provisions of international human rights instruments that Zimbabwe is party to. For
example, Article 13 (2a) of the International Covenant on Economic, Social and Cultural
Rights (ICESCR) and Article 28 (1) of the Convention on the Rights of the Child (CRC) call
on State Parties to make primary education compulsory and available to all, while
secondary education in all its different forms should be made generally available and
accessible. Furthermore, the Commission observed that the proposed fees were an
infringement of one of the basic fundamental human rights enshrined in Chapter 4 of the
Constitution of Zimbabwe provided for in Section 75 (1) (a) which states that “every
citizen and permanent resident of Zimbabwe has a right to a basic State-funded
education, including adult basic education”. Section 27 (1) (a) of the Constitution of
Zimbabwe further obliges the State to “take all practical measures to promote free and
compulsory basic education for children”.
Zimbabwe Human Rights Commission Annual Report 2015
27
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