Abstract
Many international human rights instruments require States to introduce domestic measures in their territories to ensure the protection and promotion of human rights. This may be mainly attributed to the fact that States are generally held accountable or regarded as being responsible when international human rights obligations are not observed or given effect to. To achieve effective domestic protection of human rights it is important that the introduction of pro-human rights laws is accompanied by a network of complementary norms and mechanisms to co-ordinate or supervise the implementation of such laws. In order to ensure the domestic protection of human rights, the Constitution of Zimbabwe establishes the Zimbabwe Human Rights Commission (ZHRC). In accordance with the Principles Relating to the Status of National Institutions (The Paris Principles), the Constitution mandates the ZHRC with a primary role of promoting and protecting human rights at all levels of society. The aim of this article is to look at the prospects of and challenges to the ZHRC in its quest to promote and protect human rights.
Highlights
Many international human rights instruments require States to introduce domestic measures in their territories to ensure the protection and promotion of human rights.1 This may be mainly attributed to the fact that States are generally held accountable or regarded as being responsible when international human rights obligations are not observed or given effect to.2 To achieve effective domestic protection of human rights it is important that the**The author is grateful to Ms Chesne Albertus, Department of Criminal Law and Procedure, University of the Western Cape, for the comments on this paper. 1Steiner HJ, Alston P &Goodman R International human rights in context: law, politics, morals; text and materials (Oxford: OUP 2007) at 1123
(as will be demonstrated below), the fact that the Constitution has established a fully operational Human Rights Commission with enabling legislation, will not automatically guarantee the effective protection and promotion of human rights. This contention is supported by Reif who notes: National human rights institutions may be established by a government with the best of intentions, such as when a state is making the transition to democratic government, or consolidating its democratic structure, or when established democracies wish to fine tune their institutions
It is crucial that the ZHRC must be given autonomy to source external funding without the approval of the Minister as envisaged under the Zimbabwe Human Rights Commission Act, and that financial systems be put in place to ensure accountability through regular financial reporting
Summary
Many international human rights instruments require States to introduce domestic measures in their territories to ensure the protection and promotion of human rights. This may be mainly attributed to the fact that States are generally held accountable or regarded as being responsible when international human rights obligations are not observed or given effect to. To achieve effective domestic protection of human rights it is important that the. Many international human rights instruments require States to introduce domestic measures in their territories to ensure the protection and promotion of human rights.. Many international human rights instruments require States to introduce domestic measures in their territories to ensure the protection and promotion of human rights.1 This may be mainly attributed to the fact that States are generally held accountable or regarded as being responsible when international human rights obligations are not observed or given effect to.. In order to ensure the domestic protection of human rights, the Constitution of Zimbabwe establishes the Zimbabwe Human Rights Commission (ZHRC).. The aim of this article is to look at the prospects of and challenges to the ZHRC in its quest to promote and protect human rights ZIMBABWE HUMAN RIGHTS COMMISSION: PROSPECTS & CHALLENGES introduction of pro-human rights laws is accompanied by a network of complementary norms and mechanisms to co-ordinate or supervise the implementation of such laws. In order to ensure the domestic protection of human rights, the Constitution of Zimbabwe establishes the Zimbabwe Human Rights Commission (ZHRC). In accordance with the Principles Relating to the Status of National Institutions (The Paris Principles), the Constitution mandates the ZHRC with a primary role of promoting and protecting human rights at all levels of society. The aim of this article is to look at the prospects of and challenges to the ZHRC in its quest to promote and protect human rights
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