Impediments to the Advancement of Human Rights by the ZHRC in Zimbabwe
Zimbabwe as a member of the United Nations (UN) ratified a number of human rights treaties and the establishment of the much awaited Zimbabwe Human Rights Commission (ZHRC) which was long overdue was a generally welcome development in the human rights arena. The ZHRC is a National Human Rights Institution (NHRI) established by the Constitution of Zimbabwe (No.20) Act 2013. The Constitution mandates ZHRC to promote, protect and enforce human rights and fundamental freedoms enshrined under the Bill of Rights. The operational legal framework of the ZHRC is provided for in the Zimbabwe Human Rights Commission Act [Chapter 10:30]. In collecting data questionnaires, interviews and documentary review were used. Against this backdrop, the paper mainly seeks to explore and analyse the challenges faced by the Zimbabwe Human Rights Commission (ZHRC) in executing its mandate. Methodologically, the study relied extensively on available literature and reports. The study revealed that the ZHRC has been impeded by resource constraints, absence of legally binding laws, hostile political environment and lack of state compliance experiencing impediments which have affected its operation. The therefore study made some recommendations to help fortify and reinvigorate the ZHRC.
B. Goodman, and T. Pegram, Human Rights, State Compliance and Social Change: Assessing Human Rights Institutions. Cambridge University Press: New York, 2012.
Constitution of the Republic of Zimbabwe Amendment, Act of 2013, no. 20, 2013.
The International Ecological Engineering Society, “Challenges in Developing an Institutional Framework,” Project Supported by the European Union under the 6th Framework Programme, 2006.
A. Chilunjika, and B. Mutizwa, “Exploring Factors Militating against the performance of Parastatals in Zimbabwe: The Case of the National Railways of Zimbabwe from 2008-2016,” Journal of Public Administration and Development Alternatives,vol. 4, no. 2, pp. 41-60, 2019.
V. Draskovic, and A. Lojpur, “The Importance of the Institutional Framework in Regulating Corporate Social Responsibility,” Montenegrin Journal of Economics, vol. 9, no. 2, pp. 39-46, 2013.
B. Lindsanaes, L. Lindholt, and K. Yigen, “National Human Rights Institutions, (eds.) Working Papers,” The Danish Centre for Human Rights, Copenhagen, 2001.
A. E. Pohjolainen, “The Evolution of National Human Rights Institutions: The Role of the United Nations,” Danish Institute for Human Rights, Denmark, 2006.
United Nations Handbook, National Human Rights Institutions: History, Roles and Responsibilities. United Nations: New York and Geneva, 2010.
B. Jensen, and Peterson, “Human Rights Commissions” in Hossain, K. Human Rights Commission and Ombudsman Offices, National experiences throughout the world 805, 2019.
M. Mayrhofer, “National Human Rights Institutions and Their Monitoring Function, European Yearbook on Human Rights 2017,” Research Gate, 2018.
V. Aichele, National Human Rights Institutions: An Introduction. German Institute for Human Rights: Berlin, 2010.
L. Chiduza, the Zimbabwe Human Rights Commission: Prospects and Challenges for the Protection of Human Rights. vol. 19, 2015.
F. B. Khan, “National Humana Rights Institutions and the Challenges of Independence in Kenyan Context,” Published Thesis, Lund University, 2010.
C. M. Peter, “Human Rights Commission in Africa: Lessons and Challenges, in Anton, B. and Joseph, D. (eds.), Human Rights in Africa, Legal Perspectives on their Protection and Promotion,” Macmillan Education Namibia, Windhoek, pp. 351-374, 2009.
J. Matshekga, “Toothless Bulldogs?” the Human Rights Commissions of Uganda and South Africa: A Comparative Study of their Independence,” African Human Rights Law Journal, vol. 68, no. 71, 2002.
South African Human Rights Act No. 54 of 1994.
Zimbabwe Lawyers for Human Rights, “Economic, Social and Cultural Rights in Zimbabwe: Options for Constitutional Protections,” International Human Rights Clinic, 2018.
A. Chilunjika and D. E. Uwizeyimana, “Shifts in the Zimbabwean Land Reform Discourse from 1980 to the Present,” African Journal of Public Affairs, vol. 8, no. 3, pp. 131-144, 2015.
Constitution of the Republic of Uganda, 1995.
Zimbabwe Human Rights Commission, Annual Report. ZHRC: Harare, 2014.
Zimbabwe Human Rights Commission, Annual Report. ZHRC: Harare, 2015.
V. Langa, “Zimbabwe Human Rights Commission Underfunded,” Newsday. pp. 24, December. 10, 2015.
C. Munguma, “The Role of the Zimbabwe Human Rights Commission in the Promotion of Fundamental Rights and Freedoms,” Research Gate, 2019.
Zimbabwe Human Rights Commission, Annual Report. ZHRC: Harare, 2013.
Zimbabwe Human Rights Commission, Act. vol. 10, no. 30, 2013.
Zimbabwe Human Rights Commission, a Baseline Survey on Perception, Attitudes and Understanding on Human Rights in Zimbabwe. ZHRC: Harare, 2015.
Zimbabwe Human Rights Commission, Zimbabwe Human Rights Strategic Plan 2015-2020. ZHRC: Harare, 2015.
E. Mushava, Decentralise ZHRC: Mutoko Villagers, 2016. [Online]. Available: http:// www.newsday.co.zw/2016/05/decentralise-zhrc-mutoko-villagers/. [Accessed: January. 22, 2020].
F. Munyoro, ZHRC Seeks Legal Powers, 2014. [Online]. Available: https:// www.herald.co.zw/zhrc-seeks-legal-powers/. [Accessed: January. 20, 2020].