COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION TAKES UP ZIMBABWE REPORT
Press Release
RD/846
COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION TAKES UP ZIMBABWE REPORT
19960228 GENEVA, 27 February (UN Information Service) -- The measures taken by Zimbabwe to eliminate the discriminatory policies instituted by the white minority regime of Rhodesia were the focus of a report presented by the Attorney-General of Zimbabwe to the Committee on the Elimination of Racial Discrimination this afternoon.Speaking as the panel began examining the implementation of the International Convention on the Elimination of all Forms of Racial Discrimination in the southern African country, Attorney-General P.A. Chinamasa said the report had been prepared by an interministerial committee charged with, among other things, monitoring violations of the provisions of the human rights instruments to which Zimbabwe was a party.
According to the Zimbabwe report, steps had been taken to eliminate racial discrimination in education, health care, sports and social welfare. The document also tells of difficulties the Government had had in eliminating discrimination. It had not been easy to enforce some of the regulations requiring racial integration in education, for example, as certain classes of people had established schools that charged high fees, thus, excluding poor children, the majority of whom were African.
Committee members welcomed the report of Zimbabwe and asked the delegation to provide more information on, among other issues, the role of the education system, the judiciary and the function of the Ombudsman. Experts also recommended that Zimbabwe enact legislation to provide protection and remedies against racial discrimination.
The delegation of Zimbabwe will respond to the Committee's questions Wednesday, 28 February, at 10 a.m.
Also this afternoon, the Committee considered a 4 September 1995 note from the Permanent Mission of Nigeria in response to comments from member Michael Parker Banton during the examination of Nigeria's thirteenth periodic report at the Committee's last session. As country rapporteur, Mr. Banton had referred to an article from The Guardian newspaper of 14 June 1995 which stated that a Nigerian army captain had admitted to committing human rights violations in order to quell the environmental protests of the Ogoni people. Mr. Banton's assertions, according to the note, "were inaccurate, baseless and lack any credibility ...". The Committee members considered that the note
questioned the credibility of Mr. Banton and of the Committee and agreed to draft a response and to express its solidarity with Mr. Banton.
Introduction of Report
P.A. CHINAMASA (Zimbabwe) began by apologizing for the delay in the submission of the report, which was due in 1992. Zimbabwe did not have in place the machinery to implement the International Convention until the establishment in February 1993 of an Interministerial Committee on Human Rights and Humanitarian Law. As Zimbabwe was reporting for the first time, the report might not live up to the Committee's guidelines and expectations. He asked for the Committee's indulgence in considering the document.
The report of Zimbabwe lists the measures taken in the country since independence in 1980,following the defeat of the white minority regime of Rhodesia. According to the report, steps had been taken to eliminate racial discrimination in education, health care, sports and social welfare. The Constitution protected all person from being discriminated against on racial grounds.
The report also tells of the difficulties the Government has had in eliminating racial discrimination. It had not been easy to enforce some of the regulations requiring racial integration in education, states the document. Certain classes of people had established schools that charged high fees, thus, excluding poor children, the majority of whom were African. Although legislation adequately protected employees from racial discrimination, in practice, no cases had been brought before the courts, possibly because the nature of the offense was difficult to prove. The report also provides information on the current land distribution pattern and the promotion of emergent indigenous black large-scale commercial farmers.
Discussion of Report
LUIS VALENCIA RODRIGUEZ, country rapporteur, said he welcomed the Zimbabwe report, which, on the whole, followed the Committee's guidelines. However, the document did not give information on the implementation of article 1 of the Convention, which provided for the enactment of specific legislation banning racial discrimination. Nevertheless, it was important to highlight that the country followed an anti-discrimination policy in line with its Constitution, and which had resulted in the adoption of a number of measures in different fields, including education. But it had been decreed that 60 per cent of students had to be African. It was pertinent to ask whether that did not constitute a form of reverse discrimination.
The expert asked for information on the variation of "racial trusts" that conferred benefits in a discriminatory manner. He also asked for details of the law on land distribution passed in 1992 to replace the law of 1995.
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There were still problems in that area. One could express satisfaction over the measures taken up to now in that area, while asking the Government to continue to provide information on any further steps taken.
More information was also requested on the reconciliation policy followed by the Government. The expert recalled that Zimbabwe's judicial system had a well-deserved reputation for independence; he requested more information on its functioning and on the role of the Ombudsman, who could receive complaints from citizens alleging that their rights had been violated by government officials. He also asked for more information on the application of different marriage acts for Africans and for others.
Other Committee experts requested more details on the education system. What was the breakdown of the literacy rate for males and females at different levels of education? Given that the ruling ZANU-PF party had won the parliamentary elections of April 1995 with more than 82 per cent of the vote, how did the Government intend to implement its reconciliation policy when there was such a wide gap in representation? The expert asked for information regarding reports of discrimination against the Ndebele people and on the riots of November 1995, allegedly instigated by the ruling party and in which 22 people had been shot dead.
Another expert asked if anybody had been accorded relief under the Public Premises (Prevention of Racial Discrimination) Act No. 2 of 1979, and were there any examples of cases handled by the Ombudsman? With reference to the prohibition of discrimination in the Constitution, were there any court rulings applying those provisions? How did the Government actually acquire land to redistribute? What procedures governed political parties and trade unions?
Recalling that no single piece of legislation provided protection and remedies against racial discrimination, several experts stated that the Government should consider criminalization of acts of racial discrimination as a matter of priority. It should also provide information on the right of victims of acts of racial discrimination to seek damages or reparation.
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