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TITLE: ZIMBABWE HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
ZIMBABWE
Zimbabwe is governed by President Robert Mugabe and his
Zimbabwe African National Union-Patriotic Front (ZANU-PF) which
has dominated the legislative and executive branches of
government since independence in 1980. The Constitution allows
for multiple parties; in addition to ZANU-PF, there are several
smaller parties. In 1993 they were deeply divided, poorly
financed, and faced periodic intimidation by government
security forces. The Forum Party was launched in March and
quickly became the largest and best organized opposition party.
The Zimbabwe Republic Police (ZRP) is responsible for
maintaining law and order. The size of the Police Internal
Security and Intelligence (PISI) unit, a branch of the ZRP, was
reduced in 1993. The Central Intelligence Organization (CIO)
falls under the Ministry of Security. Since 1991 the CIO and
PISI have not been permitted to arrest, detain, or interrogate
suspects in internal security cases. In the past, the CIO was
accused of human rights abuses, including the use of torture;
however, there were no new reports of torture by the CIO or the
ZRP in 1993. The Air Force and Zimbabwe National Army (ZNA)
also have intelligence staff structures, which perform a
variety of intelligence and security functions.
Zimbabwe's economy has strong agricultural and mining sectors
and a diversified manufacturing base. The Government remained
committed to the Economic Structural Adjustment Program (ESAP),
despite severe hardships the Program caused average
Zimbabweans. Although Zimbabwe began to recover from the
effects of the devastating 1991-92 drought, which caused a
decline of between 8 and 9 percent in the gross domestic
product, the unemployment rate was almost 45 percent.
Thousands remained chronically dependent on food support 1 year
into a good post-drought agricultural season. Although the
need for land reform is widely accepted, the 1992 Land
Acquisition Act has been implemented along racial lines.
There were several positive developments in 1993; however,
human rights abuses continued, notably deplorable prison
conditions, police brutality, and some irregularities in local
and by-elections. A white paper on the draft inheritance law,
which will clarify (particularly women's) inheritance rights,
was widely circulated and comment requested from a
cross-section of Zimbabweans. Public education and vigorous
prosecution reduced the incidence of such traditional practices
as refusing to bury a woman's body until her lobola (bride
price) is paid and forcing a widow to marry her
brother-in-law. Supreme Court instructions directed
magistrates to determine for the record that unrepresented
defendents fully understand their rights and that mitigating
circumstances are considered even if they are not part of the
defense. In August, the Minister of Justice announced the
establishment of an Inter-Ministerial Committee on Human
Rights. However, by year's end the Committee had not taken any
concrete action. The Government has failed to investigate
fully atrocities committed during the "1982-87 Matabeleland
Dissident Crisis" or to prosecute fully those involved. In
general, the Government was unable or unwilling to try,
convict, and punish those responsible for human rights abuses.
Prison conditions were deplorable. On occasion the Government
acted to restrict freedom of assembly and association, and
traditional, often illegal, discrimination against women
continued. It used its majority in Parliament to weaken the
Bill of Rights, the courts, and the authority of Parliament
itself. The Government put checks on Zimbabwe's independent
judiciary, and it passed a political parties financing law from
which only the ruling party can benefit. There were incidents
of intimidation and problems with the voters' rolls in local
and by-elections.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no confirmed political killings or summary
executions by government security forces in 1993. In 1990 a
15-year-old boy, Happy Dhlakama, died mysteriously in police
custody. Following inquiries, in July 1993 the Attorney
General opened an inquest into Dhlakama's death. An April
inquest into the 1992 death of Forum for Democratic Reform
Trust (FDRT) official Mthandazo Ndema Ngwenya ruled out foul
play and concluded that the accident in which he died was
caused by driver negligence. Although rumors still circulate
that the Government was involved in the June 1992 fatal car
crash of FDRT youth leader Chris Giwa, Zimbabwean human rights
groups, except for the FDRT and the political party it spawned,
were satisfied that the crash, like Ngwenya's, was an accident
and that the investigation of the incident was properly handled.
A number of cases raised in the 1992 Human Rights Report were
concluded: Flight Lieutenant Michael Banana, son of former
President Canaan Banana, was convicted of wrongful death
(manslaughter) in the shooting of Donald Kalinda and sentenced
to an effective 18 months' imprisonment. In late 1993, he was
out on bail pending appeal. Two CIO officers were convicted of
attempted murder for the March 1990 shooting of candidate for
Parliament Patrick Kombayi and sentenced to 7 years in jail.
The judgment was highly critical of the CIO and ZRP, accusing
them of biased reporting favoring ZANU-PF. The judgment
suggested further investigations were required to determine if
Vice President Simon Muzenda's bodyguards and driver should be
tried for possible involvement in the shooting. Although the
Catholic Commission for Justice and Peace (CCJP) came forward
with new evidence indicating that Lieutenant Shepard Chisango's
June 7, 1991 "fall" from a ZNA vehicle was not an accident,
observers considered it unlikely that the Government would
reopen the case it dismissed in 1992 for lack of evidence. The
Chisango case likely dampens even further any tendency for
military officers publicly to denounce corruption in the armed
forces.
According to Minister of Home Affairs Dumiso Dubengwa, forensic
scientists determined that human remains found during
construction at CIO headquarters in 1992 were over 40 years
old. However, human rights groups suspect that there may be a
cover-up. While eyewitnesses report seeing "bodies," the
Government first reported the discovery of "bones" and then a
"bone."
A commission established in 1984 to investigate atrocities
committed during the 1982-87 Matabeleland Crisis, the
Simplicius Chihambakwe Commission, conducted interviews in
Bulawayo for 2 days in mid-1993. According to human rights
groups, the information collected in that brief time was so
damning that the investigation was suspended. Chihambakwe's
report was submitted to President Mugabe but has not been made
public. Human rights groups are not optimistic that the
investigation will be continued until after Zimbabwe's 1995
parliamentary elections. The Government has declared that
victims of the Matabeleland Crisis can now be declared legally
dead under the Missing Persons Act, but many victims' relatives
are too frightened to come forward. In November the
Organization of African Unity's Human Rights Committee
reportedly pressed the Government to compensate the victims of
the Matabeleland Crisis; Government officials replied that
President Mugabe had already declared in October 1992 that no
compensation would be paid because any atrocities committed
were perpetrated during a "state of war."
b. Disappearance
There were no disappearances in 1993. The man allegedly
responsible for the 1990 disappearance of Rashiwe Guzha, her
boyfriend and Deputy Director of the CIO Edson Shirihuru, died
in July. It is, therefore, unlikely that the case will be
reopened despite calls from the CCJP and the Zimbabwe Human
Rights Association (ZIMRIGHTS) for a new investigation.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
In a landmark decision, in June the Supreme Court commuted the
death sentences of four death row inmates, ruling that the
death sentence, though legally imposed, had been rendered
unconstitutional (cruel and inhuman punishment) by the long
delay between conviction and planned execution dates and the
harsh, degrading conditions of confinement. The Government
accepted the ruling and went on to commute the death sentences
of 32 other long-time residents of death row. Within months,
however, Constitutional Amendment 13, declaring, inter alia,
that long delays in the carrying out of sentences do not
constitute cruel and unusual punishment, was passed by
Parliament.
There were no credible reports of torture in 1993. However,
the family of Nhlanhla Dlodlo demanded an inquest into his
death. The family alleges Dlodlo was beaten to death in police
custody. The Government did not actively pursue allegations
that torture was used in the past; no CIO or ZRP officials were
prosecuted for such abuses in 1993.
Police brutality remained a problem. In several police
shooting incidents in 1993, the police launched their own
investigation, called on witnesses from the public to come
forward, and charged officers involved with wrongful death
(manslaughter). One was convicted of murder and sentenced to
death in February, and several others remained in custody at
year's end. In an effort to professionalize the police force,
the ZRP extended its 6-month training course for recruits to 2
years. In 1993 the Legal Resources Foundation (LRF) worked on
the design of a legal and human rights syllabus to be
incorporated into the recruits' training curriculum. The LRF
also conducted human rights training workshops for senior
police officers and planned to conduct similar workshops for
the police rank and file in 1994. In addition there were
workshops for community relations officers on dealing with
cases of rape and wife beating.
Overcrowding is a serious problem in Zimbabwean prisons. In
September Minister of Justice, Legal, and Parliamentary Affairs
Emmerson Mnangagwa confirmed that 223 prisoners died in the
first 8 months of the year, primarily from outbreaks of
cholera, diarrhea, and AIDS-related illnesses aggravated by
squalid, overcrowded conditions. A CCJP report released in
August revealed that 22,600 inmates were incarcerated in a
prison system built to accommodate 16,000. The Government
announced an amnesty for 6,000 prisoners in April to ease
overcrowding, but by July the prison population had returned to
its preamnesty levels. In some prisons, this meant that
prisoners were allowed less than .65 square meters per person.
Because the Mlondolozi Prison, which is supposed to accommodate
mentally ill prisoners, was full, mentally disturbed prisoners
were scattered throughout the regular prison system.
d. Arbitrary Arrest, Detention, or Exile
The police must by law inform an arrested person of the charges
against him before he is taken into custody. A person arrested
on a criminal charge is supposed to have a preliminary hearing
before a magistrate within 48 hours, but the law is often
disregarded if a person is not legally represented. A 1992
amendment to the Criminal Procedures and Evidence Act
substantially reduced the power of magistrates to grant bail
without the consent of the Attorney General or his agents.
Although the rule has been decried by legal practitioners and
magistrates, in practice a circular issued by the Attorney
General giving a general authority to grant bail has lessened
the negative impact of the change. High court judges still
grant bail independently.
The Government may still apply a wide range of legal powers
under the Official Secrets Act or the Law and Order
(Maintenance) Act (LOMA). Originally promulgated 30 years ago
and widely used in the past to prosecute political opponents,
the LOMA has extremely wide and vague sections on political and
security crimes and gives extensive powers to the police, the
Minister of Home Affairs, and the President. The Government
has not invoked the LOMA frequently, fearing that its
oppressive provisions might be declared unconstitutional. It
was usually invoked to prevent gatherings or demonstrations
rather than to arrest or prosecute individuals. Although
Minister of Home Affairs Dumiso Dabengwa said in February that
the LOMA would be repealed, in November he announced that it
would not be repealed in 1993. He also cautioned that certain
LOMA provisions might be part of new legislation to be
introduced in Parliament. In June, six trade unionists who
were arrested for taking part in a 1992 Zimbabwe Congress of
Trade Unions (ZCTU) procession in defiance of a government ban,
challenged the constitutionality of the LOMA in the Supreme
Court, but the case was postponed indefinitely.
Long court delays and a critical shortage of magistrates and
court interpreters result in detainees spending long periods in
prison without trial. For example, in September, the Harare
regional and provincial courts had backlogs of 1,400 and 1,900
cases respectively. Overall, 17 percent of Zimbabwean
prisoners in late 1993 had not yet been tried or convicted.
The CCJP report cited the case of Bulawayo Prison, where on the
day the CCJP researcher visited, 317 of the prison's 758
inmates were unconvicted. An extreme example was the case of
Daniel Malchabe whose murder trial began on July 24 after his
being held in the remand center for 7 years. Officials blamed
the delay on a general shortage of judicial officers that
caused delay in completion of investigations.
There were no known political detainees being held at year's
end.
Exile is not used as a means of political control.
e. Denial of Fair Public Trial
Zimbabwe's legal system is based on a mixture of Roman-Dutch
law, English common law, and customary law. Every defendant
has the right to select a lawyer of his or her choosing. In
criminal cases an indigent may apply to have the Government
supply an attorney, while in capital cases the Government will
provide an attorney for all defendants unable to afford one.
Litigants in civil cases can request legal assistance from the
LRF or from the Citizens Advice Bureau.
Nearly 92 percent of defendants in magistrates courts are
unrepresented. Human rights groups have recently highlighted
the problem of poor representation for indigent clients,
particularly in capital cases. The Supreme Court has
instructed magistrates to ensure for the record that
unrepresented defendants fully understand their rights. In
addition, the Supreme Court instructed magistrates to determine
themselves if there are mitigating circumstances in criminal
cases, whether or not the accused presents them as part of his
defense. The right to appeal exists in all cases and is
automatic in cases in which the death penalty is imposed.
Trials are open to the public except in certain security cases.
The Customary Law and Local Courts Act of 1990 created a
unitary court system, consisting of headmen's courts, chiefs'
courts, magisterial courts, the High Court, and the Supreme
Court. With the restructuring of the courts, customary law
cases can be heard at all levels of the judiciary, including
the Supreme Court. In March chiefs' and headmen's courts,
which can hear limited categories of customary law cases in
disputes not exceeding $100 and $200 respectively, were
reactivated. These courts provide much greater access to the
legal system to people in remote areas unfamiliar with the
general law.
Training for magistrates and chiefs conducted by the Chief
Magistrate and the Legal Resources Foundation was widely
reported in the press and went a long way toward ending human
rights violations acceptable under customary law. For example,
press coverage of the vigorous prosecution of families who
refuse to bury their daughters until the widower pays lobola
(bride price) led to a reduction in the practice. During
widely publicized training sessions for chiefs, the Chief
Magistrate warned that the "ukungena," the custom of forcing a
widow to marry her late husband's brother, was illegal. He
also declared that the practice of paying compensation and
slaughtering a cow to appease the spirits in cases of incest
was no longer acceptable.
Although the judicial system lacks structures to guarantee its
independence, such as life terms for judges, Zimbabwe's
judiciary has a well-deserved reputation for independence.
Judges are not fired or transferred for political reasons, and
the Government generally abides by court decisions even when it
is strongly opposed to the rulings. However, the Government
has submitted constitutional amendments to undermine major
Supreme Court rulings or anticipated rulings. For example,
Amendment 11 changed the Constitution to allow corporal
punishment of minors after the Supreme Court ruled that caning
of minors constituted cruel and inhumane punishment, and
asserted the constitutionality of hanging in anticipation of a
CCJP test case challenging hanging as a method of execution.
Amendment 12 declared that the courts did not have jurisdiction
to determine questions of compensation for compulsory
acquisition of land. Amendment 13, tabled just weeks after the
Supreme Court ruled that long incarceration on death row
constituted cruel and and inhumane punishment, declared that
neither treatment of prisoners nor delays in carrying out their
sentences entitle prisoners to a stay or remission of
sentence. The Amendment will apply retroactively. It was the
third amendment in a row drafted to undermine a Supreme Court
ruling or anticipated ruling. In addition, President Mugabe
invoked the Presidential Powers Act to overturn a High Court
eviction order in a civil case. Legal practitioners feared the
use of the Act in a civil case set a dangerous precedent. In
July President Mugabe declared that if the courts sought to
interfere with implementation of the Land Acquisition Act, the
Government would ignore the ruling and "declare a unilateral
declaration of independence" on the land.
There were no political prisoners at year's end. However, the
CCJP remained concerned about 32 former PF-ZAPU guerrillas
convicted of particularly serious crimes, such as murder, who
were not beneficiaries of the 1990 general amnesty.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution formally protects citizens from arbitrary
search or entry, and after the lifting of the state of
emergency (SOE) in June 1990, these protections have been
generally respected. It is widely known, however, that the
Government monitors private correspondence and telephones,
particularly international communications.
Although the need for land reform in Zimbabwe is almost
universally accepted, implementation of the 1992 Land
Acquisition Act denies farmers whose lands have been designated
for acquisition adequate due process; they may only appeal the
amount of compensation in administrative courts, not the
decision to acquire their farms.
Commercial farmers are overwhelmingly white; as a result, the
Act has been implemented de facto along racial lines.
Designations of most black "emergent farmers" have been
dropped, and President Mugabe referred to white farmers as
"racist settlers." Questioned on implementatiom of the Act, he
attacked representatives of concerned governments as "racial
bigots from countries whose red Indians, Eskimos, and blacks
are discriminated against." In some cases, land has been
designated for acquisition to achieve political goals. The
designation of former Member of Parliament (M.P.) Henry
Ellsworth's farm is a particularly egregious example. His farm
(and home) were designated shortly after press reports alleged
that he required 24 women caught stealing firewood on his
property to remove their clothes as punishment. Minister of
Lands, Agriculture and Water Development Kumbirai Kangai
publicly defended the decision to designate Ellsworth's farm by
terming it "due punishment" and stating that it was the
"quickest tool to achieve the desired result." The farms of
Ndabaningi Sithole and James Chikerema, political opponents of
the ruling party, were designated in April. However, a
commission on land tenure was established in November, and the
Government and commercial farmers began a constructive dialog
on land issues.
The Government evicted over 2,500 squatter families in 1993,
often without providing adequate alternative arrangements. In
October the ZRP moved in force to evict the 4,000 residents of
opposition ZANU-Ndonga leader Ndabaningi Sithole's Churu Farm.
The Government made almost no provision for their alternative
settlement. Senior Minister of Local Government, Rural and
Urban Development Joseph Msika said Churu Farm residents should
"go and join their homeless colleagues in the streets" and then
apply to his Ministry for aid. With the assistance of
Zimbabwean human rights groups, Churu Farm residents appealed
against the Government's eviction order. The High Court ruled
that the evictions were illegal because the Government had not
given residents 90 days' notice. At year's end, the situation
was a stand-off: Police remained encamped at the farm, and
nearly 1,000 families were living in makeshift huts along the
road, afraid to return to their homes.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of expression but allows
for legislation to limit this freedom in the "interest of
defense, public safety, public order, state economic interests,
public morality, and public health." In practice, there are
significant restrictions. At public events it is generally
assumed that speakers are under surveillance and may be subject
to follow-up questioning by the CIO if their remarks are judged
too controversial.
Zimbabwe's major print media (seven English-language newspapers
and one vernacular broadsheet) belong to the Mass Media Trust,
a holding company heavily influenced by the Government and
ruling party. In May the Government ruled out the possibility
of privatizing the cash-strapped Zimbabwe Inter-Africa News
Agency (Ziana Wire Service). The Government influences
mainstream media through indirect ownership, editorial
appointments, directives to editors, and removal of wayward
editors. There is no opposition press per se, but a small
independent press, consisting primarily of a daily, an economic
weekly, two Sunday tabloids, and three monthly magazines,
carefully monitors government policies and opens its pages to
opposition critics. Other minor independent publications
exist, with circulations under 3,000 and varying frequencies.
Despite its harsh public attacks on many of these publications,
the Government has taken no overt punitive measures against
them, but there is a high degree of self-censorship aggravated
by antidefamation laws which make no distinction between public
and private persons.
Radio and television are entirely government owned and
controlled. In May the Zimbabwe Broadcast Corporation (ZBC)
refused to run paid Forum Party advertisements and
announcements of meetings. When pressed for a written reason
why the advertisements could not be purchased, the ZBC reversed
the decision. Opposition party rallies and press conferences
receive only limited television or radio coverage. In July
President Mugabe rejected the possibility of allowing an
independent broadcasting station, stating "you don't know what
propaganda they are going to broadcast."
Academic freedom remained curtailed by the University of
Zimbabwe and the National University of Science and Technology
Amendment Acts (1990) which greatly restrict the independence
of these universities from government influence and extend the
disciplinary powers of the university authorities against staff
and students. However, in April the Supreme Court ruled that
three University of Zimbabwe students expelled for their part
in May 1992 student demonstrations should be reinstated. There
were no major student demonstrations in 1993. Students at the
National University of Science and Technology in Bulawayo
protested the slow disbursement of government funds for campus
expansion, but the demonstrations were poorly organized and
supported.
b. Freedom of Peaceful Assembly and Association
The Constitution formally provides for the right of assembly
and association for political and nonpolitical organizations,
including a broad spectrum of economic, social, professional,
and recreational activities. There are several active
political parties and human rights organizations, as well as 35
trade unions. The formation of unions and political parties is
not restricted. In law and in practice, however, serious
obstacles prevent the full exercise of this right, particularly
in the case of political associations. The broadest authority
for restricting these freedoms is contained in the LOMA. Since
the lifting of the SOE, the Government has relied on the LOMA
to limit freedom of association or assembly, invoking the Act
five times in the first 2 months of 1993. Organizations are
generally free of governmental interference as long as their
activities are viewed as nonpolitical.
c. Freedom of Religion
Freedom of religion is respected in Zimbabwe.
There is no state religion. Denominations are permitted to
worship openly, pursue social and charitable activities, and
maintain ties with affiliates and coreligionists abroad.
Religious belief is neither a handicap nor an advantage in
terms of professional or political advancement.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Travel at home and abroad is not generally subject to official
restrictions, although in the past restrictions were
occasionally applied to prevent anticipated criticism of the
Government before foreign audiences. There were no reports of
restrictions in 1993. Zimbabwean-born people do not have
automatic right of return. Zimbabwean women may not confer
citizenship or even apply for automatic residence registration
for their spouses and children.
According to the United Nations High Commission for Refugees
(UNHCR), in 1993 the registered refugee population was
estimated at 140,000, mostly Mozambicans. The Government
permitted UNHCR officials unrestricted access to Mozambican
refugee camps. Another 100,000 Mozambicans, many of them
migrant farmers, were self-settled in rural areas in the east.
The Government announced in September that it intended to
repatriate 70,000 Mozambican refugees, but only 9,300 had been
repatriated by year's end. The refugees are being screened by
the UNHCR. No instances of refoulement (summary repatriation
to a country where a refugee claims to fear persecution) were
reported in 1993.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the legal right to change their government
through democratic means, but the March 1990 presidential and
parliamentary elections--with intimidation by the security
forces, lopsided media coverage, inaccuracies in the voters'
rolls, and irregularities in some constituencies--called into
question their ability to exercise that right. The ruling
party captured 117 of the 120 seats in those elections; as a
result, there is still no effective parliamentary opposition.
President Mugabe and his Cabinet are the preeminent political
figures, and the ruling party, ZANU-PF, is the dominant
political organization in the country. Following the amendment
of the Constitution in 1987 to create a strong executive
presidency, Robert Mugabe, who previously served as Prime
Minister, became in 1988 both the Head of State and the Head of
Government. The Executive President was elected in 1990 to a
term of 6 years. The President appoints both vice presidents
and the rest of the Cabinet, who serve at his pleasure.
The Political Parties Funding Act inhibits the development of
opposition parties by providing government funding only to
those parties which have more than 15 parliamentary seats. No
other party will be able to secure 15 seats before the 1995
national elections; opposition parties currently hold only 3 of
the 150 seats in Zimbabwe's Parliament. The 1993-94 budget
provides $4.6 million in public funding for ZANU-PF, up from
$3.1 million in 1992-93.
The net result of several constitutional amendments was to
concentrate power in the executive branch of government. As in
many countries with a Westminster system, if an M.P. "crosses
the floor," e.g., changes his party allegiance, or is declared
by his party to have ceased to represent its interests in
Parliament by being critical of its policies, or is expelled
from that party (perhaps for activities totally unrelated to
performance as a parliamentarian), such an M.P. immediately
loses his seat and a by-election has to be held. This
provision makes M.P.'s more submissive to the party line.
However, a small group of backbenchers in the Parliament
vigorously confronted the Government on a number of issues
ranging from corruption to parastatal management and water
projects in 1993.
Problems with the voter rolls and intimidation of voters and
candidates marred parliamentary by-elections and district
council elections in 1993. Credible reports held that CIO
agents told voters in Matabeleland that the infamous "Fifth
Brigade" (which left a trail of murder and torture there in the
mid-1980's) would return if they did not vote for ZANU-PF.
Rural dwellers reported that government agents told them they
would not be eligible to receive drought relief if they
supported the opposition. ZIMRIGHTS expressed concern over
allegations of intimidation by security forces of an
independent candidate in the Matobo by-election. The Ministry
of Local Government, Rural and Urban Development stated it was
investigating complaints that several rural district council
elections were conducted improperly. However, no report had
been issued by year's end.
Problems with the voter rolls meant that hundreds were turned
away during the by-elections. The Registrar General of Voters'
Office worked to update the voter rolls before the 1995
election; according to Ministry of Home Affairs officials,
there were 1 million eligible voters whose names had not been
added to the rolls, and as many as 30 percent of those on the
current rolls were redundant. Members of Parliament and
opposition party members complained that copies of the voter
roll were not made available to them.
Opposition party members were subject to occasional CIO
harassment. Several opposition party leaders lost, or were
threatened with losing, their jobs. The discovery of a
listening device at the Forum's national convention in March
was widely reported in the press.
The Constitution provides for one person, one vote, and any one
over the age of 18 is eligible to register to vote in general
elections. The Government amalgamated rural and district
councils in an attempt to end white farm owner domination of
the councils in rural areas.
In metropolitan areas, save Bulawayo, in the wealthy suburbs
only homeowners may vote, though in high density urban areas
renters may vote in city council elections. Wealthy areas are
accorded 1 council representative per 3,000 voters, while high
density districts have 1 council person per 8,000 voters.
Women participate in politics without restriction. Eight
female ministerial-level appointees served in 1993, but of the
150 M.P.'s, only 16 were women.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
The Government permits private local human rights groups to
operate in Zimbabwe. However, it monitors their activities, in
particular those of the CCJP, which investigates complaints
from private persons about human rights abuses and conveys its
findings to the Government. Other groups which promote human
rights include ZIMRIGHTS, the Southern African Human Rights
Foundation (SAHRF), and the Harare-based Legal Resources
Foundation which oversees the operation of the Bulawayo, Gweru,
and Masvingo Legal Projects Centers with their libraries and
information centers, legal aid clinics, and paralegal programs.
The International Committee of the Red Cross (ICRC) operates a
regional office in Harare and cooperates with the UNHCR to
assist Mozambican, South African, and other refugees.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Since independence the Government has enacted major laws aimed
at enhancing women's rights and countering certain traditional
practices, some of which are based on the view of women as
dependents or minors. For example, the Legal Age of Majority
Act and the Matrimonial Causes Act recognize the capacity of
women to act independently of their husbands or fathers to own
property. Judges on the High Courts have adjudicated cases
upholding women's rights, including the right to inherit
property. The Government and women's rights groups circulated
a white paper on a draft inheritance law, soliciting comments
from a cross-section of Zimbabweans and holding meetings to
inform (particularly rural) women about their rights. The
right of a woman to procure or receive government-provided
contraceptives without her husband's written permission was
recently accepted.
Nevertheless, many women remain disadvantaged in Zimbabwean
society. Ignorance of reforms, illiteracy, economic
dependency, and prevailing social norms prevent rural women in
particular from benefiting equally from these changes. Despite
legal prohibitions, women are still vulnerable to entrenched
customary practices which operate against their personal
rights. Among these persistent practices are "kuzvarira," the
practice of pledging a young woman to marriage with a partner
not of her choosing; "ukungena," the custom of forcing a widow
to marry her late husband's brother; "lobola," the customary
obligation of a groom to pay a bride price to the parents of a
would-be wife; and "ngozi," the customary practice of offering
a young girl as compensatory payment in interfamily disputes.
As noted above, legal education and vigorous prosecution of
offenders significantly reduced the practices of ukungena and
refusing to bury a woman until lobola is paid.
A considerable expansion of the nation's educational system
resulted in an increase in the absolute number of girls being
educated but did not alter the pattern of male domination of
the higher levels of education. Though legislation prohibits
discrimination in employment on the basis of gender, women are
concentrated in the lower echelons of the work force and in
urban areas face harassment in the workplace. Fear of losing
employment often prevents women from reporting sexual
harassment at work.
Domestic violence against women, especially wife beating, is
common and crosses all racial and economic lines in Zimbabwe.
Consequently, several social welfare organizations, including
the Harare-based Musasa Project, organized counseling and
research programs aimed at stemming violence against women.
Women's rights monitors have noted that every police station in
Zimbabwe has handled at least one case of a woman killed by her
husband. In 1992, 4,437 official complaints of wife battering
were filed. The Government assigned to police precincts
community relations liaison officers to counsel victims of
battering and sexual assault. Press reports indicated,
however, that community relations officers sometimes attempted
to dissuade women from pressing charges against their
husbands. The Women's Action Group urged police to improve
their services by giving women who have been raped a full
explanation of court procedures and possible defense attorney
tactics before they appear in court.
Children
The Government has a Ministry of Health and Child Welfare. The
Children's Protection and Adoption Act, as well as the
Guardianship of Minors Act, the Infant Act, and the Deceased
Person's Maintenance Act, were all enacted to protect the legal
rights of minor children. The criminal justice system has
special provisions for dealing with juveniles. Although there
is no compulsory age for education, primary school attendance
increased by more than 400 percent since independence.
However, with the reintroduction of school fees in urban
schools and rural secondary schools, enrollment has declined.
In 1993 the Government began to take steps to combat the
increasingly serious "street kids" problem.
The most recent police figures show that, during 1992, 964
reports of rape were made to the police countrywide, the
majority involving girls under 14.
According to press reports, the initiation rites still
practiced by the small Remba ethnic group include infibulation,
an extreme form of female genital mutilation.
National/Racial/Ethnic Minorities
Government services are provided on a nondiscriminatory basis,
and the Government has sought to expand and improve the
previously "whites only" infrastructure in urban areas to
provide health and social services to all citizens. In many
rural areas, however, the neglect of the preindependence period
continued to inhibit provision of minimal care. In social
terms, Zimbabwe remains a racially stratified country despite
legal prohibitions against official discrimination. Schools,
churches, and clubs are all integrated. Social interaction
among racial groups is limited but increasing.
People with Disabilities
The Disabled Persons Act passed in April specifically prohibits
discrimination against people with disabilities in employment,
admission to public places, or provision of services. In
practice, however, lack of resources for training and education
severely hamper the ability of disabled people to compete for
scarce jobs. Although the Act stipulates that access for
disabled persons should be provided to government buildings
after a request for access facilities has been made to the
Disabled Persons Board and the Board has inspected the building
and recommended adjustments for disabled access, few government
buildings now provide access to the disabled.
Section 6 Worker Rights
a. The Right of Association
The Labor Relations Act (LRA) provides private sector workers
freedom of association, the right to elect their own
representatives, publish newsletters, and set programs and
policies which reflect the political and economic interests of
labor. Workers are free to form or join unions without prior
authorization. The LRA allows for the existence of multiple
unions per industry, provided that each is registered with the
Ministry of Public Service, Labor, and Social Welfare
(MPSLSW). While the Government may deregister individual
unions, Zimbabwe's High Court has ruled that the LRA does not
give the Minister the power to suspend or deregister the
national umbrella labor confederation, the Zimbabwe Congress of
Trade Unions (ZCTU). According to the LRA, any "interested
person" may apply for the reconsideration of a trade union's
registration. According to the Act, such an application may be
lodged if a union "no longer represents the interest or area
for which it was registered" or "has failed to perform any of
its functions" in terms of the Act. After holding required
hearings on the complaint, the registrar may vary, suspend, or
rescind the union's registration.
Less than 20 percent of the salaried work force belongs to the
35 unions which form the ZCTU. Its officers are elected by the
delegates of affiliated trade unions at congresses held every 5
years. While the ZCTU's formation was encouraged by the
Government to be the labor arm of ZANU-PF, the Government no
longer influences its actions. Few of its founding members are
still active in the trade union movement, and the ZCTU and the
Government have increasingly clashed on economic and political
issues. Although the LRA allows for the formation of multiple
national federations, none but the ZCTU exists. Some unions,
however, choose not to affiliate with the ZCTU.
Public servants and their associations (the Public Service
Association (PSA), the Zimbabwe Teachers Association, and the
Zimbabwe Nurses Association) are not covered by the provisions
of the LRA (according to section 3 of the Act) since their
conditions of employment are provided for under the
Constitution. They are thus constitutionally barred from
forming unions, and their associations are likewise forbidden
from affiliating with the ZCTU.
One year after the passage of the controversial Labor Relations
Amendment Act (LRAA), the Government circulated copies of a new
labor act drafted by the International Labor Organization
(ILO). The draft is intended to streamline provisions of the
Labor Relations Act while extending its coverage to the public
sector.
The LRA specifies that workers may establish worker committees,
which exist side by side with unions, in each plant. Worker
committees must also be registered with the Ministry, which is
free to refuse registration. Trade union officials and others
hold that the existence of workers' committees, which were
strengthened by the 1992 amendments, dilutes the unions'
authority. Nonetheless, the ZCTU grew stronger in 1993, and
the Government appeared less inclined to challenge it directly.
The International Confederation of Free Trade Unions (ICFTU)
has criticized "Zimbabwean labor legislation" for giving "wide
scope to the authorities to declare that a given enterprise or
industry constitutes an essential service, and then impose a
ban on it." Workers in sectors deemed "nonessential" have the
right to strike provided the union advises the Government 2
weeks in advance of its intention to do so.
Only a handful of short-lived strikes took place during 1993.
A dispute over working conditions and management at Dalny Mine
in April resulted in the deaths of four persons after police
fired on a crowd of protestors.
The ZCTU and its officials are free to associate with
international labor organizations and do so actively. The ZCTU
is affiliated with the ICFTU and the Southern African Trade
Union Coordinating Council. The African American Labor Center
(AALC) maintains a regional office based in Harare. The AALC's
American representative was granted a 2-year temporary
employment permit as he had requested.
b. The Right to Organize and Bargain Collectively
The LRA provides workers with the right to organize. As
originally enacted, the Act was silent on the right to bargain
collectively. However, 1992 amendments permit worker
committees to perform functions normally reserved for trade
unions, e.g., negotiating collective agreements and codes of
conduct. The worker committees, which are by law not
organically part of the unions or the ZCTU, are empowered to
negotiate with the management of a particular plant the
conditions of labor in the workplace, except for wages.
The LRA prohibits antiunion discrimination by employers against
union members. Complaints of such discrimination are referred
to labor relations officers and may subsequently be adjudicated
by the Labor Relations Tribunal. Such complaints are handled
under the mechanism for resolving cases involving "unfair labor
practices." The determining authority may direct that workers
fired due to antiunion discrimination be reinstated.
Wage negotiations take place on an industrywide basis between
the relevant union and employer organization sitting in joint
employment boards or councils. These bodies submit their
agreements to the Registrar in the Ministry for approval and
the Government retains the power to veto agreements it believes
would harm the economy. As part of its economic recovery
program, the Government announced in 1990 the commencement of
free collective bargaining between workers and employers. In
1992 the Ministry endorsed the wage and salary recommendations
of all 46 employment boards. However, as noted above, the role
of the worker committees impinges on traditional trade union
bargaining rights.
In 1993 public and private sector workers criticized Minister
of Public Service John Nkomo for calling for wage restraint in
his annual wage policy statement. Workers argued that the
Minister's statement interfered with the collective bargaining
process.
When no trade union represents a specific sector,
representatives of the organized workers, i.e., the
professional associations, meet with the employers' association
under the mediation of labor officers from the Ministry.
Public sector wages are determined by the Salary Service
Department of the Ministry, subject to the approval of the
Public Service Commission (PSC). Each year, representatives of
the PSC (employers) and the PSA (employees) hold consultations
on wages and benefits. These consultations result in a
recommendation which is forwarded to the Minister of Public
Service, Labor, and Social Welfare. The Minister is not
required by law to accept the recommendation and, in fact, in
both 1992 and 1993 granted wage increases significantly lower
than the PSC/PSA recommendation.
So-called managerial employees are excluded from union
membership and thus from the the collective bargaining
process. The presence of the ZCTU or specific national unions
in individual shop-floor negotiations is not mandated.
The Labor Relations Amendment Act streamlined the procedure for
adjudicating disputes by abolishing the hearing officer level
and the Labor Relations Board and strengthening the Labor
Relations Tribunal (LRT). Now, labor relations officers hear a
dispute; their judgment may be appealed to regional labor
relations officers; then the LRT may hear the case; and
ultimately it may be appealed to the Supreme Court. In 1993
the Government filled long vacant positions on the LRT, but the
LRT boards were not fully staffed and faced a substantial
backlog at year's end.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Compulsory labor is prohibited by law and is not practiced.
d. Minimum Age for Employment of Children
Zimbabwean law affords little protection to working children.
There is no specific legal prohibition of child labor; the LRA
only states that contracts of employment shall not be
enforceable against any person under the age of 16 years. The
Government is working with the ILO on new child labor
legislation. While child labor is most prevalent in the
agricultural sector, an increasing number of children can be
found working in the informal sector. In the manufacturing
sector, minimum age regulations are generally enforced by the
Ministry of Public Service, Labor, and Social Welfare.
e. Acceptable Conditions of Work
The maximum legal workweek is 54 hours, and the law prescribes
a minimum of one 24-hour rest period per week. Working
conditions are regulated by the Government according to
industry. The Constitution empowers the PSC to set conditions
of employment in the public sector. Government regulations for
each of the 22 industrial sectors specify minimum wages, hours,
holidays, and required safety measures. In recent years, as
part of its effort to opt out of the wage bargaining system,
the Government mandated wage parameters and specified minimum
wage increases only for domestics and gardeners. Due to an
ineffective monitoring system, however, many such workers are
remunerated below the minimum wage. The minimum wage for
domestics and gardeners is the de facto minimum wage for
Zimbabwe. As of November 15, it was set at $26 (Z$177) per
month.
The employer usually provides housing and food to workers. On
commercial farms, the employer may provide schooling for the
workers' children. The minimum wage is not sufficient to
sustain a decent standard of living, and the lowest paid
workers received a 1993 wage increase which covered less than
one-half of the 28-percent inflation rate. Minimum wage rates
in those sectoral collective bargaining agreements for 1993
which had been concluded by mid-December range from $26 (Z$177)
to $71 (Z$484) in the manufacturing sector. Labor relations
officers from the Ministry are assigned to monitor developments
in each plant to assure that government minimum wage policy and
occupational health and safety regulations are observed.
Safety in the workplace is a major problem, due primarily to
too few inspectors. Furthermore, many of the basic legal
protections do not apply to the vast majority of the farm,
mine, and domestic workers. Unions charge that there are no
general standards for the work environment, such as threshold
limits for manually lifted weights or conditions for pregnant
workers. Health and safety standards are determined only on an
industry-specific basis. The Government intervenes on a
selected basis and sets standards by regulation in some
industries. In theory workers have a legal right to remove
themselves from dangerous work situations without jeopardy to
continued employment.
[end of document]
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