Constitutionalism
Constitutionalism

Project Vote 263 seeks to promote constitutionalism through advocating for the rule of law, protection of human rights and good governance through advocating against bad constitutional amendments such as Constitutional Amendment Acts 1 and 2. Project Vote 263 is pushing for the realization of the law by all citizens, permanent residents and visitors of Zimbabwe as enshrined in the constitution.

Human Rights

According to the United Nations human rights charter, human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more.  Everyone is entitled to these rights, without discrimination.

Zimbabwe is a signatory of a number of international, regional and domestic laws that seeks to promote civil and political rights. Chapter 4 of the Constitution of Zimbabwe advances political rights such as the right to vote, to assembly, to run for political office and the right to freedom of expression.

Since the turn of the new millennium, there has been generally a lot violation of human rights in Zimbabwe. It is against this background that Project Vote 263 seeks to promote and protect human rights, civic and political rights in Zimbabwe

Civil and Political Rights

The International Covenant on Civil and Political Rights and its First Optional Protocol entered into force in 1976. The Covenant deals with such rights as freedom of movement; equality before the law; the right to a fair trial and presumption of innocence; freedom of thought, conscience and religion; freedom of opinion and expression; peaceful assembly; freedom of association; participation in public affairs and elections; and protection of minority rights. It prohibits arbitrary deprivation of life; torture, cruel or degrading treatment or punishment; slavery and forced labour; arbitrary arrest or detention; arbitrary interference with privacy; war propaganda; discrimination; and advocacy of racial or religious hatred. The Second Optional Protocol was adopted in 1989.

Human Rights Conventions
Human Rights Council

The Human Rights Council, established on 15 March 2006 by the General Assembly and reporting directly to it, replaced the 60-year-old UN Commission on Human Rights as the key UN intergovernmental body responsible for human rights. The Council is made up of 47 State representatives and is tasked with strengthening the promotion and protection of human rights around the globe by addressing situations of human rights violations and making recommendations on them, including responding to human rights emergencies.

The most innovative feature of the Human Rights Council is the Universal Periodic Review. This unique mechanism involves a review of the human rights records of all 193 UN member states once every four years. The Review is a cooperative, state-driven process, under the auspices of the Council, which provides the opportunity for each state to present measures taken and challenges to be met to improve the human rights situation in their country and to meet their international obligations. The Review is designed to ensure universality and equality of treatment for every country.

UN High Commissioner for Human Rights

The United Nations High Commissioner for Human Rights exercises principal responsibility for UN human rights activities. The High Commissioner is mandated to respond to serious violations of human rights and to undertake preventive action.

The Office of the High Commissioner for Human Rights (OHCHR) is the focal point for United Nations human rights activities. It serves as the secretariat for the Human Rights Council, the treaty bodies (expert committees that monitor treaty compliance) and other UN human rights organs. It also undertakes human rights field activities.

Most of the core human rights treaties have an oversight body which is responsible for reviewing the implementation of that treaty by the countries that have ratified it. Individuals, whose rights have been violated can file complaints directly to Committees

Zimbabwe Human Rights Commission

The Zimbabwe Human Rights Commission (ZHRC) is a national human rights institution which was established under section 242 of the Constitution of Zimbabwe. It is an independent Commission whose main mandate is to protect, promote and enforce human rights.

Background to the establishment of the Commission

The Zimbabwe Human Rights Commission (ZHRC) was created by the Global Political Agreement (GPA) which was signed by the three major political actors at the time (ZANU PF and the two MDC formations) in this country in 2008 and was given effect by Constitution Amendment 19 and specifically section 100R of the former Constitution. It is now established by the current Constitution of Zimbabwe Amendment (No.20) Act 2013, Chapter 12, commonly referred to as “Independent Commissions supporting democracy” and sections 242-244 of the same. It is operationalised by the Zimbabwe Human Rights Commission Act Chapter 10:30 which was promulgated on the 12th of October, 2012

The Zimbabwe Human Rights Commission (ZHRC)’s purpose is to promote, protect and enforce human rights and fundamental or basic freedoms. It also protects people from abuse of power and maladministration by State institutions and State officials. This work is discharged in three (3) departments as follows:

Complaints Handling & Investigations

The department is responsible for receiving all complaints of alleged human rights violations that come to the Commission. It is also responsible for making investigations into the reported cases and it can also initiate investigations. This department is also currently.

Education, Promotion and Research

The Education, Promotion and Research department is responsible for developing and carrying out programmes and initiatives for promoting knowledge and awareness of human rights in the country in particular through educational and training programmes.

Monitoring and Inspection

The Monitoring and Inspections department was established in order to fulfil the provisions of sections 243(1)(c) and 243(1)(k) of the Constitution on assessing observance of human rights and freedoms. In addition, the department monitors and inspects.

Rule Of Law

Rule of law is a principle under which all persons, institutions, and entities including the state are accountable to the laws that are publicly promulgated and equally enforced with independent adjudicators and consistent with international human rights principles. It is basically the mechanism, process, institution practice or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power.

In Zimbabwe, there has been a general lack of rule of law. There has been generally selective application of the law in what is termed law fare – a situation where political opponents of the government are arrested and detained for a long time without trial.

It is against this background that Project Vote 263 seeks to promote rule of law in Zimbabwe by advocating for equal treatment of all citizens before the law regardless of political affiliation, gender, sex, creed nor race.

The Zimbabwean Constitution states that public officers owe a duty to everyone in Zimbabwe to observe and uphold the rule of law [section 18(1a)].

  • Principle of Legality: People must not be deprived of their rights or freedoms through the exercise of wide discretionary powers by the Executive. Rights and freedoms should be curtailed only by the ordinary courts applying the law.
  • Principle of Equality: No one is above the law and everyone is subject to the jurisdiction of the ordinary courts. State officials, and even the State itself, are subject to the law.  Everyone is equal before the law and is equally entitled to be protected by the law.
  • Separation of Powers: There must be a separation of powers between the Legislative, Executive and Judicial branches of government. If the Executive makes the law and enforces it, we have the rule of man, not the rule of law; and the same applies if the Legislature enforces its own laws or if the courts make the law rather than determine rights and duties under the law.
  • Independence of the Judiciary: The judiciary must be independent of the Executive and the Legislature. If judges and magistrates are dependent on the Executive or the Legislature, or are members of a political party, they are unlikely to give objective judgments on the law.
  • Laws must be certain [i.e. clear and definite]: It must be possible for people to establish relatively easily the content of the law and the extent of their rights and duties under it.
  • Laws must be Accessible: If people are expected to obey laws they must be able to obtain copies of them. The Government must ensure that all laws are published and that they are always available for people who want to read them. Laws should be drafted in language that ordinary people can understand. In the Zimbabwean context, that means that laws should be translated into all the vernacular languages.
  • Laws must not be Retroactive: Laws should apply only to the future and should not attempt to change rights and duties retrospectively. It is futile for anyone to find out what his or her rights and duties are under the law if a future law can convert what was lawful at the time it was done into something unlawful.
  • Laws must be Objective: laws must leave no discretion to the persons who are to apply them.

Fundamental to the concept of the rule of law is the idea that all the three branches of government must operate within their own particular spheres:  the Executive is restricted to administration, the Legislature to enacting laws, and the Judiciary to adjudicating legal disputes and interpreting the laws.  All three branches are subject to the law.