Zimbabwe: Human Rights Act Gazetted

THE long-awaited Zimbabwe Human Rights Commission Act was gazetted last Friday as part of reforms that will pave way for the holding of free and fair elections.

According to the new law, the commission would start investigations of alleged

human rights violations from the start of the inclusive Government in February 2009, effectively ruling out all other cases before the date.

The passing of the Act by Parliament was delayed by MDC formations which sought to have alleged human rights violations investigated from independence in 1980.

Zanu-PF -- on the other hand -- argued that if the investigations would not starting from 2009 when the inclusive Government was formed, then they should date back to the colonial period.

The parties then compromised and agreed to start investigating allegations of human rights violations from February 2009.

Part III (9) on the Jurisdiction of the Commission to conduct investigations 4 (a) reads: "The Commission shall not investigate a complaint unless the complaint is made within three years from the date on which the action of omission occurred; provided that such investigation shall not relate to an action or omission that occurred earlier than 13th February 2009 . . ."

The Act calls for annual reports to be submitted by the commission, extensive investigations into any complaints of alleged human rights abuses, as well as give legal standing to commissioners who were appointed in 2009.

"The Act shall promote awareness of and respect for human rights and freedoms at all levels, to promote the development of human rights and freedoms, to monitor and assess the observance of human rights in Zimbabwe," reads part of the Act.

Funds for the commission's activities would be provided through the fiscus and donors.

Parties in the inclusive Government hailed the gazetting of the Act, as it was one of the major reforms pronounced in the Global Political Agreement.

Justice and Legal Affairs Minister and Zanu-PF negotiator in the GPA, Cde Patrick Chinamasa, described the enactment of the Act as a welcome development.

He said parties in the inclusive Government had agreed to its clauses.

Cde Chinamasa said the gazetting of the ZHRC Act as well as the Electoral Amendment Act two weeks ago had laid the necessary ground work for the holding of free and fair elections. He accused MDC-T of refusing to acknowledge that the necessary conditions had been met for the polls set for next year.

"They always like to paint a negative picture of this country, they don't want anything positive that we are doing as a Government," he said.

Minister Chinamasa said the MDC-T leadership was afraid of elections and that was why they kept trying to delay them.

"They want to find all types of excuses for the delay of elections," he said.

"If ever the playing field is not level, it is tilted in their favour because of the sanctions they have called for and the pirate radio stations which continue to illegally beam into the country."

MDC-T spokesperson Mr Douglas Mwonzora said the gazetting of the law was a welcome development.

"This is a welcome development and this will enable the commission to start its work," he said.

"We hope that the operational requirements are met as soon as possible."

Mr Mwonzora said laws such as the Human Rights Commission Act and the Electoral Amendment Act needed political support.

"Laws alone are not good enough, they need political support and we hope that all political parties will respect that," he said.

"You also need to understand that these reforms are not significant towards the holding of free and fair elections, more still needs to be done."

MDC director of policy and research Mr Qhubani Moyo said the gazetting of the Act was a milestone in the fulfillment of the GPA before the holding of credible elections next year.

"We are moving in the right direction before the elections," he said.

"If all the requirements are met, we can have these elections even in January. We hope that the signing of this law will ensure that all the country's citizens are protected regardless or race, tribe or political affiliation."

United Nations Commissioner for Human Rights Mrs Navi Pillay visited Zimbabwe early this year and called for the Human Rights Commission to be given legal status to tackle issues of human rights.

(2012-10-16/allafrica)