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
Select target paragraph3
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