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Title: Zimbabwe Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
ZIMBABWE
Zimbabwe is governed by President Robert Mugabe and his Zimbabwe African
National Union-Patriotic Front (ZANU-PF), which have 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 a large number of smaller parties. However, they are
poorly organized and led, poorly financed, and subject to periodic
intimidation by the ruling party and government security forces.
The Zimbabwe Republic Police (ZRP) are responsible for maintaining law
and order. The Zimbabwe National Army and Air Force are responsible for
external security. The Central Intelligence Organization (CIO) under
the Ministry of State Security is responsible for internal and external
security but no longer has powers of arrest. Members of the security
forces committed human rights abuses.
The economy is primarily agricultural but has a strong mining sector and
a diversified manufacturing base. Over 60 percent of the population is
engaged in subsistence agriculture. The formal sector unemployment rate
remains above 45 percent. Both domestic and foreign investment are well
below what is needed to spur solid economic growth and job creation.
Annual per capita gross national product is approximately $650.
Zimbabwe's Economic Structural Adjustment Program, now in its fifth
year, has led changes, such as the removal of subsidies for staple
foods, that have caused living standards to fall.
The Government generally respected the human rights of its citizens;
however, there were significant problems in some areas, including
incidents of police brutality, harsh prison conditions, the Government's
refusal to abide by several court rulings, and the President's vocal
campaign against homosexuals. Although the legislative and campaign
climate remained tilted in favor of the ruling party, impartial election
monitors found the April general elections to be generally free and
fair. The electronic media, the major source of information for most
Zimbabweans, remained government controlled. Although the small
independent press was increasingly open and critical of the Government,
the Government's arrest of three publishing executives on charges of
criminal defamation demonstrated its willingness to intimidate the
media. Domestic violence against women remained widespread, and
traditional, often illegal, discrimination against women and the
disabled continued.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killings
There were no reports of political killings by government security
forces. However, throughout the year, police killed 5 people in
shooting incidents. In September a policeman shot a constable who
challenged him for urinating in public; the policeman was arrested and
charged with murder. On November 3, a policeman fired his rifle at a
group of thieves, who had raided an office equipment store in Harare,
and killed two bystanders and seriously injured a third. Outraged
onlookers attacked the police and a riot ensued, causing property damage
and two injuries. Police dispersed rioters by using tear gas and
arrested 15 people in connection with the riot and related looting. In
response to the incident, the Government apologized and promised that
the ZRP would compensate the victims and their families. The other two
incidents occurred in the course of a robbery and when a mob attempted
to free a suspect and wrestle a gun from a police officer. There was at
least one incident in which a person died while in police custody (see
Section 1.c.).
There were no developments in the cases concerning the 1992 death in
custody of 15-year-old Happy Dhlakama, the 1988 death of Captain Edwin
Nyela, or the 1991 death of Lieutenant Shepard Chisango. No action has
been taken on the 1993 Simplicius Chihambakwe Commission investigation
into atrocities committed during the 1982-87 Matabeleland crisis. Human
rights groups continued to collect information on reports of deaths and
disappearances. Despite calls by the Catholic Commission for Justice
and Peace (CCJP) for an investigation, the Government took no further
action on the bodies discovered at Antelope Mine in Kezi in 1992; the
remains have not been identified or properly buried.
b. Disappearance
There were no reports of politically motivated disappearances. There
were no developments in the 1990 disappearance of Rashiwe Guzha.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Constitution prohibits torture and cruel and inhuman treatment.
There were no reports of torture; however, despite improved ZRP
training, low-ranking police and poorly trained parapolice called
special constables continued to beat criminal suspects and detainees.
In June ZRP forces injured students while putting down violent
demonstrations (see Section 2.a.). Also in June, in Kwekwe police
severely beat a criminal suspect, Mukhetiwa Chirenje, who subsequently
died of unrelated causes. The policemen involved were charged with
assault causing grevious bodily harm.
The Government has not actively pursued past allegations of torture, nor
prosecuted CIO or ZRP officers for such abuses. The CIO continued to
refuse to pay court-ordered damages to a 1990 torture victim.
Prison conditions remained harsh and have improved little since the CCJP
issued its 1993 report describing extreme overcrowding, shortages of
clothing, and poor sanitary conditions. Over 21,000 prisoners are
incarcerated in a system built to accommodate 16,000. In some prisons,
prisoners are allowed about one-half square meter per person.
Overcrowding and poor sanitation aggravated outbreaks of cholera,
diarrhea, and AIDS-related illnesses. An average of 25 prisoners a
month died in custody, 18 from AIDS-related illnesses. Zimbabwe has
established a successful community service sentencing program to try to
alleviate prison overcrowding. Prison service officials who mistreat
prisoners are routinely punished. The Government permits international
human rights monitors to visit prisons.
d. Arbitrary Arrest, Detention, or Exile
The Constitution prohibits arbitrary arrest, detention, or exile, and
the Government observes these prohibitions. The law requires that
police inform an arrested person of the charges against him before he is
taken into custody. Although a preliminary hearing before a magistrate
is required within 48 hours (or 96 hours over a weekend), the law is
often disregarded if a person does not have legal representation. 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. In practice, however, a circular
issued by the Attorney General giving a general authority to grant bail
has lessened the negative impact of the rule. High Court judges grant
bail independently.
The Government still enjoys a wide range of legal powers under the
Official Secrets Act and the Law and Order Maintenance Act (LOMA).
Originally promulgated 30 years ago and widely used in the past to
prosecute political opponents of the Government, the LOMA gives
extensive powers to the police, the Minister of Home Affairs, and the
President to address political and security crimes that are not clearly
defined. The Government has not invoked the LOMA frequently, fearing
that its oppressive provisions might be declared unconstitutional.
Pretrial detainees, who make up 20 per cent of the overall prison
population, spent an average of 6 months in prison before their trials
because of a critical shortage of magistrates and court interpreters.
Daniel Machabe remained in custody after more than 8 years without going
to trial.
The Government does not use exile as a means of political control.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary, and the
judiciary has a well-deserved reputation for independence. Judges are
appointed for life and can be removed from the bench only for gross
misconduct. They are not discharged or transferred for political
reasons. Magistrates, who are part of the civil service rather than the
judiciary, hear the vast majority of cases and are sometimes subject to
political pressure. However, all levels of the judiciary often make
rulings unpopular with the Government.
The Customary Law and Local Courts Act of 1990 created a unitary court
system, consisting of headmen's courts, chiefs' courts, magistrates'
courts, the High Court, and the Supreme Court. With this restructuring,
civil and customary law cases may be heard at all levels of the
judiciary, including the Supreme Court.
The Constitution provides for the right to a fair trial, and the
judiciary rigorously enforces this right. Every defendant has the right
to a lawyer of his or her choosing. However, well over 90 percent of
defendants in magistrates' courts go unrepresented. In criminal cases,
an indigent defendant may apply to have the Government provide an
attorney, but this is rarely done and rarely granted. 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 Legal Resources Foundation or the Citizens Advice Bureau. All
litigants are represented in the High Court. The Supreme Court has
instructed magistrates to ensure that unrepresented defendants fully
understand their rights and to weigh any 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. Defendants enjoy a presumption of
innocence and the right to present witnesses and question witnesses
against them. Defendants and their attorneys generally have access to
government-held evidence relevant to their cases. The legal system does
not discriminate against women or minorities. Trials in military and
police courts meet internationally accepted standards for fair trials;
defendants in these courts have the right to appeal to the Supreme
Court.
The Government generally abided by court decisions even when it was
strongly opposed to the rulings. However, the Government routinely
delayed payment of court costs or judgments awarded against it. For
example, the CIO continued its refusal to pay damages awarded by the
High Court to a former opposition party official whom CIO agents
tortured in 1990. The Attorney General's office was unable to force CIO
compliance with the judgment. In addition, the Ministry of Home Affairs
refused to comply with a 1994 Supreme Court ruling declaring that women
should have the same rights as men to confer residency and citizenship
on their spouses, and on December 19, the Government tabled a
constitutional amendment that would overturn the ruling.
The Government invoked the rarely used LOMA in October when it arrested
two suspects in an alleged assassination attempt against President
Mugabe. There were reports that one of the two suspects was beaten
severely following his arrest. On October 14, opposition ZANU-NDONGA
party leader and Member of Parliament (M.P.) Ndabadingi Sithole, was
arrested in connection with the plot and at year's end remained out on
bail pending trial.
Legal and human rights activists continued to criticize the Government's
efforts to pass constitutional amendments in order to undermine Supreme
Court rulings. For example, Amendment 11 (1992) changed the
Constitution to allow corporal punishment of minors after the Supreme
Court ruled that caning of minors constituted cruel and inhuman
punishment; the Government also asserted that death by hanging was not
cruel and inhuman in anticipation of a case challenging hanging as a
method of execution. Similarly, Amendment 13 (1993), passed just weeks
after the Supreme Court ruled that long incarceration on death row
constituted cruel and inhuman punishment, declared that neither
treatment of prisoners nor delays in carrying out sentences entitled
prisoners to a stay or remission of sentence.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits arbitrary interference with privacy, family,
home, or correspondence. Although the Government authorities generally
respect these prohibitions and violations are subject to legal sanction,
it is widely known that the Government sometimes monitors private
correspondence and telephones, particularly international
communications.
The need for land reform in Zimbabwe is almost universally accepted;
however, problems have arisen with implementation of the 1992 Land
Acquisition Act. Farmers whose lands have been designated for
acquisition may only appeal the amount of compensation in administrative
courts, not the initial decision to acquire their farms. Although there
were no new designations in 1995, in the past this act was implemented
largely along racial lines; the Government stated that black-owned
commercial farms would not be subject to designation. In a few cases,
land was designated for acquisition to achieve political goals.
Opposition party leader M.P. Ndabaningi Sithole continued to fight the
Government over its 1993 acquisition of his farm.
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." Although the independent press is increasingly open and
critical of government, there is a high degree of self-censorship in
both the government-controlled and independent press.
Self-censorship is aggravated by antidefamation laws which make no
distinction between public and private persons and an extremely broad
Official Secrets Act which makes it a crime to divulge "any information
acquired in the course of official duties." In May the editor in chief
of the Financial Gazette, his deputy, and the chairman of Modus
Publications were arrested on charges of criminal defamation related to
their refusal to retract a story on the President's alleged marriage.
Their Friday night arrest, necessitating 3 days' detention before their
first hearing, was widely believed to have been calculated to intimidate
the press.
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; the Ministry of
Information controls the Zimbabwe Inter-Africa News Agency wire service.
The Government influences mainstream media through indirect ownership,
editorial appointments, directives to editors, and removal of wayward
editors. The small independent press consists primarily of an economic
weekly, a Sunday tabloid, and three monthly magazines. They carefully
monitor government policies and open their pages to opposition critics;
other minor independent publications exist with circulations under
3,000.
Radio and television are entirely government owned and controlled.
Journalists report that ZANU-PF Secretary for Information Nathan
Shamuyarira is often involved in determining what news is broadcast.
The Broadcasting Act currently gives the Zimbabwe Broadcast Corporation
(ZBC) monopoly status, and the Government has repeatedly refused to
license independent radio and television stations. However, in August,
the Supreme Court ruled that the Government's monopoly on
telecommunications was unconstitutional because it interfered with the
constitutional right to freedom of expression.
Although the ZBC granted free air time to each party contesting the
April general elections, opposition party allies and press conferences
received only limited television and radio coverage. In addition, the
Bulawayo Chronicle edited a paid advertisement placed by the Forum Party
without the party's consent because the editor deemed its mention of
compensation for the victims of the Matabeleland Crisis (1982-87)
"inflammatory."
Books and films are subject to review by the Zimbabwe Board of Censors.
Academic freedom is curtailed by the University of Zimbabwe Amendment
Act and the National Council for Higher Education Act, both of which
together greatly restrict the independence of universities, making them
subject to government influence and extending the disciplinary powers of
the university authorities against staff and students. Following
student demonstrations in June and July, the Minister of Higher
Education dissolved the University Council and suspended the Student
Representative Council's board (11 of its 12 members were later
reinstated). On June 26, the ZRP forcefully suppressed violent student
demonstrations, resulting in scores of injuries. In the aftermath of
the demonstrations, the senior officer in charge of the operation was
transferred to another division. In December the University Council
expelled four student leaders for their role in the demonstrations.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for the right of assembly and association for
political and nonpolitical organizations, including a broad spectrum of
economic, social, professional, and recreational activities. The
formation of unions and political parties is not restricted.
Organizations are generally free of governmental interference as long as
their activities are viewed as nonpolitical. However, under the Welfare
Organizations Act of 1995, the Minister of Social Welfare, Labor, and
Public Service is empowered to suspend the executive body or "any member
of the executive committee of an organization and to appoint persons to
manage the affairs of the organization for a specified time." The
Minister invoked this act in November, removing members of a women's
nongovernmental organization (NGO) executive body. The press
subsequently alleged that the members were removed for tribal reasons.
As a result of this act, several newly established NGO's decided to
establish their organizations as "associations" connected with
established NGO's so that their executive bodies would not be subject to
government interference.
Permits are no longer required for meetings or demonstrations. However,
opposition parties complained that during the April elections, public
halls they booked were often double-booked or not opened as scheduled.
In December President Mugabe threatened to outlaw all demonstrations and
the Minister of Home Affairs said that a draft Public Order Act would
tighten government control over demonstrations.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for these rights, and the Government generally
respects them in practice.
The new Zimbabwean Citizenship and Immigration bill, presented to
Parliament in mid-1994 but not yet law, tightens prohibitions against
dual citizenship. Human rights groups are concerned that these
provisions will most affect white Zimbabweans, many of whom hold dual
citizenship, and will interfere with citizens' right of return.
The Government cooperates with the U.N. High Commissioner for Refugees
and other humanitarian organizations in assisting refugees. There were
no reports of forced expulsion of those having a valid claim to refugee
status. There were approximately 350 refugees in Zimbabwe from a
variety of African nations.
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. However, the political process continued to be tilted
through various means in favor of the ruling party. President Mugabe
and his ZANU-PF party remained the dominant political force within the
country. In the April general elections, ZANU-PF captured 118 of the
120 elected seats. The 10 chiefs who sit as M.P.'s are elected by their
peers. The President also appoints 8 provincial governors, who sit as
M.P.'s, and 12 nonconstituency M.P.'s. The net result of several
constitutional amendments has been to consolidate the power of the
executive branch and to limit M.P.s' independence. There is no
effective parliamentary opposition, and the legislature remained
subordinate to the executive branch.
There are many small opposition parties. However, their growth is
inhibited by a variety of factors including the Political Parties
Finance Act (PPFA) and the government monopoly on the electronic media.
The PPFA provides government funding only to those parties that have
more than 15 parliamentary seats, effectively giving all public funding
to the ruling party. Several opposition parties boycotted the
elections, claiming that until the PPFA, the Electoral Act, and the
Broadcast Act were substantially revised, they would be unable to
surmount the hurdles placed before them by the electoral system.
However, the opposition parties' lack of coherent platforms, poor
leadership, and infighting played an equally important role in their
poor showing in the general elections.
Voting in the general election was peaceful and generally free and fair.
In contrast to the 1990 general election, senior ruling party officials
and the Commissioner of Police did not tolerate political violence.
When violence erupted in Harare South district several weeks before the
election, the ringleaders were arrested and charged with public
violence. The Government enacted regulations allowing volunteer
election monitors to act as agents of the Electoral Supervisory
Commission. Over 1,500 NGO poll watchers were deployed nationwide to
monitor voting and vote counting, and human rights organizations praised
the conduct of the ZRP during the elections. There were no reports of
bias or intimidation by election officials.
In the election campaign, however, government officials and members of
the ruling party attempted to influence the outcome of the elections
through various means, including harassment of voters and opposition
party members. The campaign was marked by lopsided media coverage,
inaccuracies in the voters' roll, and widespread irregularities during
the ZANU-PF primaries. There were credible reports that ruling party
officials threatened voters that their constituencies would receive no
development assistance and no government food aid if they did not
support the ruling party. Monitors in Kwekwe reported that voters were
told that if they did not support the ruling party, the atrocities of
the 1982-87 Matabeleland crisis would be repeated. The CIO occasionally
harassed and threatened opposition party members.
There are institutional problems with the management and supervision of
elections. Although the Ministry of Justice technically administers the
Electoral Act, the Registrar General's Office falls under the Ministry
of Home Affairs. With a meager budget and a tiny staff seconded from
the Ministry of Justice, the Electoral Supervisory Commission lacks the
institutional capacity to oversee properly Zimbabwe's 2,200 polling
stations. Nor do commissioners have the executive authority to order
that an irregularity be corrected. Despite an attempt to computerize
the voters' roll before the general election, the roll contained over 1
million redundancies or errors, including misspellings, multiple
entries, and names of the deceased. This occurred despite the Registrar
General's earlier announcement that the Delimitation Commission would
not count voters when defining constituency boundaries unless they
reregistered. There was no mechanism provided for the public to comment
on the newly defined boundaries or for adjustment of the boundaries.
Thousands of voters were turned away at polling stations because their
names were missing from or improperly listed on the roll. In addition,
several independent and opposition candidates and one ruling party
primary winner were disqualified because their nominators' names did not
appear or were misspelled on the roll.
The High Court nullified the election results from Harare South
district. An opposition party also challenged the results of the July
by-election in Gweru on the grounds that registration irregularities
affected the outcome. At year's end the case was still pending in the
High Court, as was the Forum Party of Zimbabwe's case alleging election
irregularities in the mayoral and urban council elections.
There were similar allegations of voting irregularities during the ZANU-
PF primaries for Parliament and local government posts. For example,
lists of party officials eligible to vote were lost or incomplete and
several candidates created "phantom" party districts to increase the
number of their supporters eligible to vote. Following the July local
government primaries, the party politburo nullified the results,
scheduled new primaries, declared that primaries were postponed
indefinitely, and then announced in September that the elections would
be held the following day.
Women participate in politics without legal restriction. However,
according to local women's groups, husbands--particularly in rural
areas--commonly force their wives to vote for the husband's preferred
candidates. Twenty-three of the 150 M.P.'s are women, including the
Deputy Speaker of Parliament. There are two female cabinet ministers
and three deputy ministers. All major ethnic groups are represented in
Parliament and in the Government.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Although the Government permits local civic and human rights groups to
operate, it monitors their activities closely, in particular those of
the Catholic Commission for Justice and Peace and ZIMRIGHTS. Other
groups that promote human rights include the Legal Resource Foundation
and the Southern African Federation of the Disabled. In 1995 Amnesty
International and Transparency International opened in Harare. The
International Committee of the Red Cross operates a regional office in
Harare. The Government does not discourage representatives from
international human rights groups from visiting Zimbabwe.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution provides that "every person in Zimbabwe" is entitled to
fundamental rights whatever his race, tribe, place of origin, political
opinions, color, creed, or sex. In August President Mugabe attacked
homosexuality in a series of speeches and urged Zimbabweans to "arrest
homosexuals and turn them over to the police." At the insistence of the
Government, the Gays and Lesbians of Zimbabwe (GALZ) group was forced to
withdraw its participation in the 1995 Zimbabwe International Book Fair.
However, the police have not harassed GALZ members.
Women
Domestic violence against women, especially wife beating, is common and
crosses all racial and economic lines. Women's groups have noted that
every police station in Zimbabwe has handled at least one case of a
woman killed by her husband. According to Women in Law and Development
in Africa (WILDAF), domestic violence accounts for more than 60 percent
of murder cases in the Harare High Court. In 1992, the last year for
which official statistics are available, 4,437 official complaints of
wife beating were filed. Human rights groups have noted that increased
training has improved police community relations officers' handling of
these cases. There were 964 reports of rape (the majority involving
girls under 14) in 1992, the last year for which police statistics are
available. When cases come to court, the courts generally impose stiff
sentences for rape and wife beating.
Since independence, the Government has enacted major laws aimed at
enhancing women's rights and countering certain traditional practices
that discriminate against women. However, women remain disadvantaged in
Zimbabwean society. Illiteracy, economic dependency, and prevailing
social norms prevent rural women in particular from combating societal
discrimination. Despite legal prohibitions, women are still vulnerable
to entrenched customary practices, including "kuzvarira," the practice
of pledging a young women to marriage with a partner not of her
choosing; "nhaka," the custom of forcing a widow to marry her late
husband's brother; and the customary practice of offering a young girl
as compensatory payment in interfamily disputes. Many doctors and
hospitals routinely require the husband's consent for women seeking
long-term contraception.
The Legal Age of Majority Act and the Matrimonial Causes Act recognize
women's right to own property independently of their husbands or
fathers. However, while unmarried women may own property in their own
names, women married under customary law are not allowed to own property
jointly with their husbands. Despite a 1994 Supreme Court ruling that
the practice of allowing only men, not women, to confer citizenship or
permanent residence status on their spouses and children was
discriminatory, the Immigration Service did not institute the change
(see Section 1.e.), and the Government has tabled a constitutional
amendment which would overturn the ruling. Inheritance laws remain
unfavorable to widows. The Government took no legislative action on a
draft inheritance law that would address the issue of unfair and unequal
distribution of inherited assets. Divorce and maintenance laws are
favorable toward women, but women generally lack awareness of their
rights under the law.
Although labor legislation prohibits discrimination in employment on the
basis of gender, women are concentrated in the lower echelons of the
work force and commonly face sexual harassment in the workplace.
Several active women's rights groups in Zimbabwe, including WILDAF, the
Musasa Project, and the Women's Action Group, concentrate on improving
women's knowledge of their legal rights, increasing women's economic
power, and combating domestic violence. There is no office specifically
responsible for women's affairs; the Government eliminated the office of
Minister of State for Women's Affairs in May.
Children
The Government continued to demonstrate its strong commitment to
children's rights and welfare through a system of primary health care
and education overseen by the Ministry of Health and Child Welfare. The
Children's Protection and Adoption Act, the Guardianship of Minors Act,
and the Deceased Person's Maintenance Act all protect the legal rights
of minor children. Zimbabwe ratified the Hague Convention on the Civil
Aspects of International Child Abduction in May. While there is no
compulsory education, Zimbabwe has made considerable progress in
providing education for girls, and overall primary school attendance has
increased by more than 400 percent since independence. Ninety-three
percent of children reach grade five. With the reintroduction of school
fees in urban schools and rural secondary schools, however, enrollment
has declined. If a family is unable to pay tuition costs, it is most
often female children who leave school. Child abuse, as such, does not
appear to be widespread. However, incest, long taboo in Zimbabwean
society, is increasing, and there are increasing reports of instances of
infanticide, child abandonment, and rape.
The Ministry of Justice established a Vulnerable Witnesses Committee
composed of representatives from the ZRP, NGO's, and the courts. The
Committee launched a training program and has two pilot projects to
improve the judicial system's handling of child victims of rape and
sexual abuse. The criminal justice system has special provisions for
dealing with juvenile offenders.
Female genital mutilation (FGM), which is widely condemned by
international health experts as damaging to both physical and
psychological health, is rarely performed in Zimbabwe. However,
according to press reports, the initiation rites practiced by the small
Remba ethnic group in Midlands province include infibulation, the most
extreme form of FGM.
People with Disabilities
Fulfilling a campaign promise to give the disabled representation in
Parliament, in April President Mugabe appointed a disability activist to
Parliament. The Disabled Persons Act of 1992 specifically prohibits
discrimination against people with disabilities in employment, admission
to public places, or provision of services and is viewed by advocates of
the disabled as model legislation. In practice, however, the lack of
resources for training and education severely hampers the ability of
disabled people to compete for scarce jobs. Although this act
stipulates that government buildings should have access for disabled
persons, for budgetary reasons this is rarely provided. Disabled people
face particularly harsh customary discrimination. According to
traditional belief, people with disabilities are considered bewitched,
and reports of disabled children being hidden when visitors arrive are
common.
National/Racial/Ethnic Minorities
The Shona ethnic group makes up 77 percent of the population, Ndebele 14
percent, Kalanga 5 percent, whites 1 percent, and other ethnic groups 3
percent. 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. Nevertheless, in social terms, Zimbabwe
remains a racially stratified country. While schools and churches are
all integrated, social interaction among racial groups is still limited.
Although intertribal relations are generally very good, the
disproportionate number of Shona-speaking teachers and headmasters in
Matabeleland schools remained a sensitive issue.
Section 6 Worker Rights
a. The Right of Association
The Labor Relations Act (LRA) provides private sector workers with
freedom of association and 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, the 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).
Less than 20 per cent of the salaried work force belongs to the 33
unions that form the ZCTU. ZCTU officers are elected by the delegates
of affiliated trade unions at congresses held every 5 years. While the
Government encouraged the ZCTU's formation, anticipating that it would
form the labor arm of ZANU-PF, it no longer directly influences ZCTU
actions. The Government and the ZCTU often clash on economic policy,
particularly the Economic Structural Adjustment Program. The Government
routinely does not consult either the ZCTU or employers before
implementing policy decisions affecting the workplace. This lack of
consultation often results in reactions which disrupt labor relations,
promoting uncertainty and even strikes. At its 1995 Congress, the ZCTU
called for the formation of a standing committee consisting of labor,
government, and industry representatives that would comment on all
government policy decisions affecting labor. Although the LRA allows
for the formation of multiple national federations, none but the ZCTU
exists.
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. Their
conditions of employment are provided for under the Constitution, and
they are constitutionally barred from forming unions. The Government
took no action on proposals to join the public and private sectors under
one LRA.
The Labor Relations Amendment Act (LRAA) of 1992 specifies that workers
may establish independent worker committees, which exist side by side
with unions, in each plant. Worker committees must also be registered
with the MPSLSW, which is free to refuse registration. Trade union
officials believe that the formation of worker committees was an attempt
to dilute union authority. However, the ineffectiveness of worker
committees demonstrated the need for the experienced worker
representation of the established trade unions.
The International Conference 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 strikes) on it." This authority was
not used during 1995. 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. If the MPSLSW finds that
administrative requirements were not met for a strike, it can issue a
disposal order that gives the employer the right to dismiss striking
workers. This occurred only once in 1995, and was subsequently
withdrawn. There were fewer than 20 strikes, none lasting more than a
week.
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 maintains a regional office based in
Harare.
b. The Right to Organize and Bargain Collectively
The LRA provides workers with the right to organize. As originally
enacted, this act was silent on the right to bargain collectively.
However, the 1992 LRAA permits unions to bargain collectively over
wages. Worker committees, which are by law not organizationally part of
the unions or the ZCTU, are empowered to negotiate with the management
of a particular plant the conditions of labor and codes of conduct in
the workplace, except for wages.
Collective bargaining wage negotiations take place on an industrywide
basis between the relevant union and employer organizations sitting on
joint employment boards or councils. These bodies submit their
agreements to the registrar in the MPSLSW for approval. The Government
retains the power to veto agreements it believes would harm the economy.
However, it did not directly involve itself in labor negotiations unless
requested to do so by one of the two parties. When no trade union
represents a specific sector, representatives of the organized workers,
i.e., the professional associations, meet with the employer
associations, under the mediation of labor officers from the MPSLSW.
Public sector wages are determined
by the Salary Service Department of the MPSLSW, subject to the approval
of an independent Public Service Commission (PSC). Each year, PSC
officials meet with PSA representatives to review wages and benefits.
These reviews result in a recommendation which is forwarded to the
MPSLSW. The Minister is not required by law to accept the
recommendation.
Employees designated as being in managerial positions are excluded from
union membership and thus from the collective bargaining process. The
presence of the ZCTU or specific national unions in individual shop
floor or worker committee negotiations is not mandated.
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 (LRT). 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 should be reinstated, although this has yet to be tested
in practice.
The LRAA streamlined the procedure for adjudicating disputes by
strengthening the LRT. Now, labor relations officers hear a dispute;
their decision may be appealed to regional labor relations officers, at
which point the LRT may hear the case. Ultimately, it may be appealed
to the Supreme Court. In 1993 the Government filled long vacant
positions on the LRT, but at year's end the LRT boards were still not
fully staffed and faced a backlog of over 630 cases awaiting hearing.
The Export Processing Zones Act was promulgated in August. The act
states that the LRA shall not apply to workers in export processing
zones (EPZ's). Due to intensive ZCTU lobbying efforts, however,
President Mugabe agreed to have this changed by regulation or amendment
so that the LRA will apply. At year's end, EPZ's had not yet been
established.
c. Prohibition of Forced or Compulsory Labor
Compulsory labor is prohibited by law, and there were no reports that it
was practiced.
d. Minimum Age of Employment of Children
The 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. Although schooling is not compulsory, over 90
percent of children attend school through grade five (see Section 5).
The presence of child labor in industry is marginal since a ready supply
of adult labor at relatively low wages gives firms little incentive to
employ children. Children are most often employed as casual farm
workers, domestics, or in the informal sector; only a tiny percentage of
children work full-time. In the communal areas, financial necessity
often dictates the use of child labor during the harvest season and for
tending livestock. There were anecdotal reports of an increase in the
number of children working full-time in the informal sector and small-
scale alluvial gold panning. The Government formed a task force in late
1993 to define child labor, determine problem areas, and suggest
legislation to alleviate these problems. It has yet to release its
report or a draft law or regulations based on its findings.
e. Acceptable Conditions of Work
The maximum legal work week 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 continue to
specify minimum wages, hours, holidays, and required safety measures.
In recent years, in an 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, many such workers are remunerated below the minimum
wage.
The minimum monthly wage for domestics and gardeners of $28.08
(Z$242.89) is the de facto minimum wage for Zimbabwe. In most instances
the employer must provide housing and food to workers or allowances for
such. On commercial farms, the employer may provide schooling for
workers' children. The minimum wage is not sufficient to sustain a
decent standard of living. Workers in those sectors covered under
collective bargaining agreements received wage increases averaging a few
percentage points below the 23 percent inflation rate. Minimum monthly
wage rates ranged from $33.50 (Z$290) in the agricultural sector to
approximately $70 to $83 (Z$600 to Z$720) in the various manufacturing
sectors. In theory, labor relations officers from the MPSLSW are
assigned to monitor developments in each plant to assure that government
minimum wage policy and occupational health and safety regulations are
observed. In practice, these offices are understaffed, cannot afford to
routinely inspect workplaces, and must rely on voluntary compliance and
reporting by employers.
Safety in the workplace is a continuing problem. Over the past 4 years,
an average of 17,500 work-related accidents (including 224 deaths) were
reported each year. Many of the basic legal protections do not apply to
the vast majority of 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 often seemingly in response to the most recent accident) 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; in practice, they risk the loss of
their livelihood.
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