HUMAN RIGHTS COMMITTEE WELCOMES PROGRESS MADE IN ZIMBABWE, ENCOURAGES FURTHER EFFORT IN SPECIFIC AREAS

26 March 1998

Press Release
HR/CT/508

HUMAN RIGHTS COMMITTEE WELCOMES PROGRESS MADE IN ZIMBABWE, ENCOURAGES FURTHER EFFORT IN SPECIFIC AREAS

19980326 Concludes Consideration of Zimbabwe's Initial Report On Compliance with Covenant on Civil, Political Rights

The Human Rights Committee this morning welcomed the repeal of provisions in Zimbabwe's law which criminalized statements made against the President, but expressed concern that remaining laws on the defamation of public figures restricted the freedom of expression, as it concluded consideration of Zimbabwe's initial report on its compliance with the International Covenant on Civil and Political Rights.

Speaking as Acting Chairman, the expert from Egypt said the Committee had noted many positive trends in Zimbabwe's human rights situation, as well as areas of concern. It welcomed changes in the law to ensure equality between men and women, particularly in the ownership of land, as well as the investigations of human rights violations by the police and the dismissal of officers found guilty of them.

Nevertheless, concern remained about the relationship between statutory and customary law and about the fact that the Covenant had not been specifically incorporated into Zimbabwean law, he said. The Government was encouraged to continue its human rights education for children and the training of the police by human rights non-governmental organizations. It was also encouraged to review both its legislation and customary law to make them compatible with the Covenant.

During today's exchange with the delegation of Zimbabwe, the Committee's expert members raised a wide range of questions, including whether the Government considered provisions which could justify the taking of human life in defence of property as being compatible with the Covenant.

To another question, a member of the Attorney General's Office said there was no specific institution to ensure that Zimbabwe's domestic law was compatible with its international obligations. However, the Ministry of Justice examined every piece of proposed legislation, amending those which were not in conformity with international instruments.

Statements were also made by the experts from Italy, Finland, India, Canada, United Kingdom, United States, Israel, Germany, Chile, Australia and Japan.

The Committee will meet again at 3 p.m. today to resume its consideration of reports on two meetings of the chairpersons of the human

rights treaty bodies.

Committee Work Programme

The Human Rights Committee met this morning to continue its consideration of the initial report of Zimbabwe on its compliance with the International Covenant of Civil and Political Rights (document CCPR/C/74/Add.3).

Statements

TINAYE CHIGUDU, Permanent Secretary of Home Affairs of Zimbabwe, addressing questions raised by the Committee yesterday, said it was incorrect to say that Parliament made changes in the Constitution to interfere with court decisions which upheld the Covenant provisions. The situation was simply that Parliament took action when there was a difference in interpretation with respect to a court ruling. It was a matter of clarification, not reversal.

He said his delegation would submit a written response on the question of corporal punishment which would address the objections raised by the Committee. To a question that had been asked on the financing of political parties, he said that when the report was written there was an inequity of opportunity for political involvement. Since the, an amendment to the law in question had been passed, and political involvement was now based on the number of votes the parties received.

He said the Committee's questions had shown a misunderstanding with respect to the status of international law relating to Zimbabwe's Constitution. Similarly, there had been a misunderstanding over whether statutory or customary law was supreme. If a statutory law was enacted as a result of customary law, then the statutory law was supreme. However, statutory laws were also enacted without any reference to customary laws.

The Government took responsibility for disciplining in cases of police impropriety, he said. Fines were imposed for misconduct, and the offending officers could also be fired. At present, five police officers were facing possible fines or dismissal. With regard to the use of force for dispersing public gatherings, he said that when there had been riots, tear gas was used to dispel the crowds. On another question, he said he knew of no law regulating women's dress. At one time, women were not allowed to own land, but now that had changed.

FELICIAH CHATUKUTA, of the Attorney-General's Office of Zimbabwe, said one of responsibilities of the Inter-Ministerial Committee on Human Rights was to carry out public educational exercises regarding the Covenant and other international instruments. Although financial resources were limited, a curriculum on human rights for primary and secondary schools was currently under consideration. In addition, non-governmental organizations had assisted in the human rights training of police and defence forces and in informing women of their rights.

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Detention of an individual could be extended to 96 hours, after an application was made by a police officer, in order to undertake further investigations, she said. Recently, courts had been opening on weekends to accommodate the increase in their caseloads and to avoid extended detention over the weekend. There had been lawsuits against the police for not abiding by detention regulations, and people could apply to the courts for redress. The Attorney-General could oppose the application of bail.

A recent amendment granted citizenship to children born outside Zimbabwe if their parents normally resided in Zimbabwe, such as those in the diplomatic service, she said. It was a requirement under the Birth and Registration Act that all children born in Zimbabwe or in the diplomatic service were registered and named within seven to 14 days. Previously, the registration of births had been centralized and people were forced to come to the major cities to register births, but there had been efforts to expand the number of registration sites into town centres and rural shopping areas.

An amendment to the Constitution stated that any customary law was acceptable under the Constitution as long as it was justifiable in a democratic society, she said. If it was not justifiable, then it was not applicable. The same amendment sought to advance the position of women in educational institutions. For example, universities had established quotas for women so they had the same opportunity as men to enter the university. Some had raised objections, saying that such a policy was discriminatory. There was no specific legislation regarding how women dressed. Recently, there had been physical assaults against women who were seen to be dressed indecently. Arrests had followed for those assaults, but she was not sure what further action had been taken. There was no specific policy against women who loitered for the purposes of prostitution. There were more women on the streets than men, but quite a number of men had been arrested for the same purposes and had paid fines.

Regarding access to land, there were specific guidelines a person needed to meet in the process of resettlement, she said. The person needed to have an agricultural background and must know how to work the land. If a woman met those requirements, she would not be discriminated against in the granting of land. Everyone was being given equal opportunity. There had been quite a few measures taken to reduce the spread of AIDS, including educational campaigns. Previously, statistics on AIDS were not divulged, but because of the need to educate the public on the effect of AIDS on the population, the Government now published all figures and statistics. Only one newspaper was controlled by the Government, and there were other independent papers and magazines. There had always been one government-controlled television station, but there were also newer, independent television programmers. Zimbabwe also had access to international news providers, such as Cable News Network.

Children under the age of 12 years could not be pledged into marriage, she said. There was specific legislation making it an offence to have sexual

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intercourse with children under the age of 16. If a child was pledged under the age of 16, then that was an offence. The use of force to protect one's property was not an absolute defence. If it was proven that proper care had not been taken in the use of force, a person could be charged with culpable homicide. When a firearm was used in cases of pocket-picking or shoplifting, for example, such use was obviously unreasonable, and liability would be attached. Common sense must be used in those circumstances, and that had been the approach taken by the courts.

The death penalty was contentious issue, but the public in Zimbabwe considered it necessary to maintain that form of punishment, she said. Therefore, the Government had not ratified the Covenant's Second Optional Protocol.

FAUSTO POCAR, expert from Italy, asked for clarification about the Constitution's position as Zimbabwe's supreme law. Was the Constitution and the law consistent with the Covenant? Certain paragraphs in the report made it clear that, following certain decisions, the Constitution had been amended to make it compatible with the Covenant. However, such issues as the use of hangings and corporal punishments, which were contrary to the Covenant, had not been addressed.

MARTIN SCHEININ, expert from Finland, asked whether a mechanism existed to make certain that either the Constitution or legislation in general complied with the Covenant.

PRAFULLACHANDRA NATWARLAL BHAGWATI, expert from India, said the Government of Zimbabwe had paid a large sum of money as compensation for certain human rights violations. What action had been taken against the wrongdoers? He also expressed concern about the adequacy of the right to privacy provisions in the Constitution.

Mr. CHIGUDU, Permanent Secretary of Home Affairs of Zimbabwe, said all individuals who turned out to be culprits were treated by the Government in the same manner. When a particular police officer was found to have violated human rights, the officer was asked to leave the police force. If the violation was a result of ignorance and was not deliberate, the officer was sent back to the police academy for training, since many did not understand the international standards. However, a person who did not fit into either of those categories would be fined.

Ms. CHATUKUTA, of the Attorney General's Office, said that no specific institution existed to ensure that domestic legislation was compatible with Zimbabwe's international obligations, but the Ministry of Justice examined every piece of proposed legislation to see if it was in conformity with international instruments. If it was not, the legislation was amended. The recent constitutional amendment regarding the right to privacy provided for the protection of home and other property from arbitrary search.

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Turning to other issues raised by the Committee in a list it had submitted to the Zimbabwe delegation, she said that individuals who had been detained could submit complaints through the magistrate, the Ministry of Justice, prison officers, or those who visit prisons regularly. There was no independent body or institution that looked specifically at the rights of prisoners. The delegation would make a written response on the extent to which provisions of the United Nations Standard Minimum Rules for the Treatment of Prisoners had been incorporated into laws and regulations governing detention. The delegation also did not have any specific statistics on the number of death sentences which had been imposed, so they would have to submit that information in writing later on.

Mr. CHIGUDU, Permanent Secretary of Home Affairs, said the Government did not ordinarily interfere with movement of individuals. People who had criminal records in their native country were sometimes detained when entering Zimbabwe. There was no known case in which a person was deported because he or she was a prostitute or a homosexual. Once a person entered the country, he or she was free to move about the country. Problems arose when immigrants decided to marry Zimbabwe citizens in order to stay in the country. Those arranged marriages were considered suspect.

Ms. CHATUKUTA, of the Attorney-General's Office, said the impartiality and independence of the judiciary was guaranteed from the time of appointment until the time of retirement or removal. Judges were appointed by an independent body, composed of the Chief Justice, the Chairman of the Public Service Commission, the Attorney-General, and two other members. A judge's tenure could be terminated only when the judge was at age of retirement or had resigned on his own volition or because of gross misjudgement. Certain procedures needed to be complied with, and there must be proof. Political grounds were not enough.

As for sexual relations between adults of the same sex, she said that sodomy was considered an offence, and it was also culturally unacceptable. A good law was usually one that could be enforced; the Government could not change the culture by making laws unenforceable laws.

Freedom of the press was only limited in cases of specific defamatory statements against members of Parliament which impinged on their reputations, she said. The Public Order and Security Bill sought to amend the Law and Order Maintenance Act, and it no longer had a provision on such statements against the President.

On another issue, she said it was government policy that children in the lower grades were taught in the vernacular languages. There were proposals and consultations on the introduction of minority languages, of which there were quite a few. Some private schools taught other languages, including French and Arabic. She said there had been no publicity about the Committee's

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consideration of Zimbabwe's report, but human rights organizations had been informed; they would be sending their comments on the initial report directly to the Committee.

Mr. CHIGUDU, Permanent Secretary of Home Affairs, said the Law and Order Maintenance Act would be repealed as soon as the Public Order and Security Bill was passed.

MAXWELL YALDEN, expert from Canada, said he was troubled by Zimbabwe's comment regarding laws that did not coincide with the practices of people. People from Western cultures should not be telling others what to do, but if the law followed local custom, advances in human rights would be slow. Laws against child labour in the West, for example, had come at a time of rapid advancement, which had helped progress go forward. Education and laws on the books were both needed.

The Inter-Ministerial Committee on Human Rights was described as not having the authority to hear complaints, he said. The Office of the Ombudsman was not described, but the Ombudsman had authority to hear complaints, as well as the authority to look into human rights violations. Did the Ombudsman get complaints, and what did he do about them? Were there resultant actions?

Also, sodomy was defined as an offence, and the report stated that homosexuality was not culturally accepted, he said. Zimbabwe's laws were discriminatory and, according to the country's report, homosexuals could be expelled from the country. The point had to be made that there were laws in Zimbabwe that needed to be brought into line with the international responsibility it had undertaken.

The multi-ethnic, multicultural nature of Zimbabwe was recognized, he said. However, while the use of all languages was encouraged, what was the working language of the Government? Did one have the right to use one's own language in court? Did individuals have the right to deal with the Government in their own language?

Lord COLVILLE, expert from the United Kingdom, said he had been surprised to read in the report that the Government had no comment on article 5 of the Covenant, and his surprise grew while listening to the delegation. A pattern was emerging in which the Constitution and courts had established that there were certain rights available to the people -- some in excess of what was in the Covenant -- and that the courts were there to identify and enforce those rights. In three instances, however, amendments had been made to the Constitution which derogated other rights.

It was not consistent with the Covenant to remove rights already enjoyed, he said. That had happened in the case of the immigration issue, and with the rights of people to become citizens. The result had been the opposite of what

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was expected, since now neither foreign husbands nor wives could exercise the right to citizenship.

[Note: Article 5 of the Covenant provides that "nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant".

It also provides that "there shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent".]

THOMAS BUERGENTHAL, expert from the United States, said there were implications for domestic law arising from the obligations freely assumed under international law. He asked for examples of role played by the Inter- Ministerial Committee on Human Rights. Also, had there been any proceedings against judges? If so, what did they concern and what was the outcome?

Was there justification for taking human life in defence of property? he asked. Was that provision compatible with the Covenant? Freedom of movement in Zimbabwe could be restricted in the interests of property, according to the report. Zimbabweans also needed documents to go abroad. In the event of delays in receiving those documents, did they have any recourse? If so, what was it?

DAVID KRETZMER, expert from Israel, asked for more information on how the public was informed about the Committee's consideration of Zimbabwe's report. Was the report circulated among non-governmental organizations in the country? Also, the attitude of authorities towards acts of violence against minority political parties was a matter of concern. In one case, two people were accused and convicted of shooting a member of an opposition political party who had been demonstrating against the ruling party. After their conviction, the two men were given a presidential pardon and never served a sentence. Could the delegation comment on that issue? Had the Government considered liberalizing the law on freedom of expression to give the press more leeway and more protection?

ECKART KLEIN, expert from Germany, asked if Zimbabwe suffered from the problem of prison overpopulation. In which languages were the Covenant and the report to the Committee available? While many positive developments on human rights in Zimbabwe had been reported, much remained to be done. The picture of democracy in Zimbabwe was not promising when one examined the issues of freedom of press and speech, the composition of Parliament, the monitoring of elections, and the powers of the President over the postal service.

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CECILIA MEDINA QUIROGA, expert from Chile, said a government was taking a stand when it enacted a law. To eliminate sodomy as a criminal offence was a simple action, and enforcing that action would mean no more trials would need to be held. The Covenant required that a government put its legislation in order in order to comply with its provisions. Censorship did not accord with the Covenant -- a right could be restricted, but it could not be erased. It seemed highly unlikely that democracy was possible in Zimbabwe when only two members of Parliament were from the minority party.

ELIZABETH EVATT, expert from Australia, sought further information about prison conditions, which seemed to be very harsh. The Government needed to respect the right to privacy and end discrimination against homosexuals, who were picked out for expulsion under immigration laws. The right to privacy did not mean much if it was subjected to arbitrary or discriminatory laws. How could the right to participate equally in public affairs be ensured if large amounts of money were paid to one party while other parties received no funding? How could government ownership of instruments of the mass media be compatible with the freedom of expression?

Mr. SCHEININ, expert from Finland, also asked about the incompatibility between the Covenant and the institution of censorship. Also, were prisoners allowed one letter and one visitor per month? Did prisoners on death row have recourse in cases of torture or inhuman treatment?

NISUKE ANDO, expert from Japan, said ordinary labour laws were not applicable to those who worked in Zimbabwe's export-processing zones. What regulations applied to workers in those zones?

Mr. CHIGUDU, Permanent Secretary of Home Affairs, said that before Zimbabwe could make laws, education was needed to help people give up certain of their customs. Making legislation when people were not going to follow those laws because of their customs would serve no purpose, but to make criminals of them.

The function of the Ombudsman was to look at violations of rights as alleged by citizens against policemen, he said. Complaints against government officials were handled by the relevant ministries.

Protecting the rights of homosexuals was fine in places where people could appreciate those rights, but it was hard to enforce in a place where the practice represented a cultural taboo, he said. With regard to languages, the native tongue was allowed for use in court and translators were provided. The Covenant was written in English, and the problem with making local translations was that if it was translated into one language, it had to be translated into all of them.

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With regard to the number of candidates in elections, he said the people voted for whomever they wanted, and it would be hard to force them to vote for others just to make the system more democratic. He said the only travel documents needed were passports, and the only delays in issuing them were of the usual bureaucratic kind.

He said the Government would consider liberalizing press freedoms, but there were several newspapers and magazines that were outwardly hostile to the Government. He said the Internet was also readily available in Zimbabwe. Prisons were crowded, and that was a matter of concern. The Government was making efforts to build new prisons, but financial constraints had slowed the process. There was no danger of widespread cholera or AIDS in the prisons at present.

Ms. CHATUKUTA, of the Attorney's General's Office, stressed that Zimbabwe's culture would not prevent the Government from making laws that were compatible with its international obligations, but the culture imposed handicaps on such actions. The Government was making great strides to educate people and change cultural attitudes. Changes had occurred already, specifically with respect to the inheritance law. Some men still refused to accept a law that allowed women to inherit property; but the law had been promulgated because the Government had determined that it was necessary to move forward and it asked the people to move forward with it.

The Office of the Ombudsman reviewed human rights violations, but the delegation had no information on which cases had been received and what investigation had been conducted. Zimbabwe acceded to the Covenant in 1991, and the Inter-Ministerial Committee on Human Rights was created one year later. The Committee had made great strides in the drafting of human rights reports. It had also proposed many pieces of legislation to help the Government meet its international obligations.

The official language of Zimbabwe was English, but some human rights documents were available in other languages, she said. Summaries of a few of the Conventions had been translated into the vernacular languages. Recently, a judge was accused of having granted bail to a person outside working hours because the person was white. A Commission of Inquiry investigated the matter and the judge was found innocent of gross misconduct; he was now back in office.

In an effort to reduce prison overpopulation, the Government had introduced the option of community service for lesser offences, particularly for first offenders of less serious offences, she said. With respect to freedom of the press and broadcasting, there were endeavours to privatize media institutions. When that occurred, the doors would be opened to a larger number of players.

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Following an amendment to the law, the electoral commission was now allowed to supervise presidential elections, she said. A proposal calling for the merger of the public service and labour organizations was currently under consideration. The merger would grant members of the public service the same rights as other workers.

OMRAN EL-SHAFEI, expert from Egypt, spoke as Acting Chairman of the Committee. He commended Zimbabwe for its very comprehensive report, which had followed the Committee's guidelines. The dialogue on that report had been frank and open. Many positive trends in Zimbabwe were noted by the Committee. They included the repeal of provisions of the Law and Order Maintenance Act, which criminalized statements against the President, and changes in the law to ensure equality between men and women, particularly in the ownership of land. The courts of Zimbabwe had upheld human rights in several cases, and the attitude of the judiciary was in general commendable. Other positive steps included human rights education given to police, the investigations of human rights violations by the police and the dismissal of officers were found guilty of such violations.

The Committee also had a number of concerns, particularly with respect to the relationship between statutory and customary laws, he said. The Committee noted that Covenant had not been specifically incorporated into Zimbabwean law, and that the application of laws on the defamation of public figures restricted the exercise of freedom of expression and the press. Other concerns included prison overpopulation, the granting of a presidential pardon to people convicted of murdering political opponents of the ruling party and the danger posed to fundamental rights and freedoms by the imbalance in Parliament. In addition, the delegation had not been able to supply the Committee with adequate information on the use of force, tear gas and weapons in riots which occurred earlier this year.

He said the Committee would like to encourage the Government to continue its training course to educate children on human rights issues, and the training of the police by human rights non-governmental organizations. The Government was also encouraged to review legislation and customary law to make it compatible with the Covenant and to introduce more languages into the educational system.

Mr. CHIGUDU, Permanent Secretary of Home Affairs, thanked the experts for their comments, which would be given serious consideration by the Government. The delegation would soon prepare written replies on issues raised by the experts. He added that there had definitely been a change in policy with respect to the distribution of public funds to political parties, such that other parties also now received such funds.

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