Rights In Zimbabwe Research Articles

Transitional Justice and Human Rights in Zimbabwe's Gukurahundi Mass Grave Exhumations

ABSTRACT: Transitional justice requires a multi-stakeholder as well as a multidimensional approach. In Zimbabwe, the issue of atrocities committed by the state (now commonly referred to as Gukurahundi) is a topic that evokes emotive debate, especially around the process of exhuming the remains of those who were buried in mass graves. One controversial issue surrounding the exhumation of mass graves is the idea of letting "by-gones be by-gones." This political strategy potentially allows perpetrators to circumvent the human rights issues that arise after mass graves are exhumed. It also denies the victims proper burial and closure for their families. Using an analysis of data in the form of legal reports, international laws, and case law, among other literature, this article examines the international norms on exhumation and the politics inhibiting exhumation of the Gukurahundi mass graves in Zimbabwe .

Religion, Women, and Girls’ Rights in Zimbabwe: the Case of Zimbabwe’s Johanne Marange Apostolic Church

AbstractThe study sought to understand the position of the Johanne Marange Apostolic Church on women and girls’ rights in Zimbabwe. Engaging in this study came out of the realization that women and girls’ rights are compromised in religious settings and the issue goes on unreported. Deploying a qualitative research methodology framework buttressed by the gendered human rights–based theoretical approach, the study collected empirical evidence through semi-structured in-depth interviews as well as participant observation. Semi-structured interviews were conducted with twenty participants — fifteen young women and five males. All the twenty participants were members of the Johanne Marange Apostolic Church. Snowball sampling was used in selecting the participants. It was established that the church doctrine within the Johanne Marange Apostolic Church provides a conducive environment for the abuse of women and the girl child under the guise of ‘sacredness’ of the religious sect. This has been and is still going on unchecked. The study concluded that abuse cases through forced and teen marriages to older men are facilitated by both adult men and women and is highly safeguarded within religious cultism. The study recommends that the government and non-state actors need to enhance child protection services and programmes in religious settings for the purpose of protecting and removing the vulnerabilities of girls within the church by prosecuting perpetrators.

Re-inventing the underprivileged irrigation tenant? A socio-historical perspective on irrigation rights in Zimbabwe as defined by the 2021 Irrigable Areas (Control) regulations

ABSTRACTBoth colonial and post-colonial administrations in Zimbabwe identified irrigation as important for climate-proofing the agriculture sector, and put measures to this end. The 2021 Regulations are the most recent, but are based on colonial-era 1970 Regulations that deprived the majority Black farmers of their irrigation rights. The regulations, just like their predecessor, espouse the notion of irrigation as a privilege. This raises the question whether they provide a solid basis for restoring irrigation rights of Black farmers, and enhancing the rights of all irrigators in the country. If fully implemented, the regulations will reduce all irrigators to underprivileged irrigation tenants.

The implementation of intellectual property rights to enhance music business in Zimbabwe: Challenges and prospects

In the Zimbabwe music industry, the issue of copyright law implementation has been problematic with intellectual property rights violations plaguing the society and resulting in musicians failing to fully benefit financially from their creations. This study is an attempt to find out how musicians are benefiting from their intellectual property that is being used by various businesses including broadcasters. We argue that the problem of piracy has become an Achilles tendon for many artists despite the presence of a copyright law enforcement regime in the country. This article examines the nature and consequences of the copyright law in the country, as well as the way in which ZIMURA is implementing it to advance the cause of popular musicians. The article illustrates how the challenges faced by ZIMURA serve to impoverish Zimbabwean musicians in unheralded ways that leave a good number of artists poor and famous. This qualitative study uses participant observation, document analysis and key informant interviews with purposively selected informants to elucidate the implementation of intellectual property rights in Zimbabwe’s music industry. The analysis is informed by the Sustainable Livelihoods Approach as well as Bourdieu’s concept of cultural capital. The findings show that in Zimbabwe music is taken as free property by most users who either sell pirated copies or access them for personal use without paying anything. From the study, it is clear that musicians are not getting a fair share of their intellectual property in the form of royalties. It is also notable that music that is appreciated more gets paid more royalties than music which is not popular with broadcasters and audiences.

Worker rights and social justice in Zimbabwe’s mining sector

This paper is an overview of workers’ rights in Zimbabwe focusing on the abuse, exploitation of workers and the brutal attitudes displayed toward mine workers and trade unions officials by mining companies and government authorities. Zimbabwe’s mining sector plays a major role in Zimbabwe’s export economy. However, Zimbabwe’s mining sector, like many other mining sectors in the developing world, has workers’ right issues. Considerable attention has been given to the labour legislation by the government of Zimbabwe but there are still serious violations of workers’ rights in Zimbabwe. Mining firms involved in extracting the mineral wealth of the country are benefiting at the expense of workers. They are operating with little regard for the well-being of its employees. In light of this, the present study highlights and synthesizes workers’ rights issues in the Zimbabwe mining sector. The study also offers practical recommendations that could address the problems that mining workers are currently facing in Zimbabwe

Child Disciplinary Practices versus Child Rights in Zimbabwe: Viewed through Social Work Lenses

Although parents are a vital cog in instilling and maintaining child discipline, very little information exists about the methods they employ. Using a qualitative approach, this paper explored the methods used by parents in Zimbabwe—an African context—to discipline children, elucidating their implications on children’s rights. The findings show that parents in Zimbabwe use both violent and non-violent disciplinary methods such as verbal reprimand, beating, and spanking, which, at times, violates children’s rights in the process. The use of non-violent means has also depicted a violation of children’s rights through deprivation of food, denial of playtime and shelter. Evident from the findings was, again, the existence of multiple-layered contestations on child discipline within the socio-cultural discourse—the most popularized being the debate on corporal punishment versus child rights violations. Through social work lenses, the paper provides a basis to dispel an anachronistic thought, which rationalizes the instrumentalization of punishment to achieve child discipline, underscoring the need for child rights-oriented discipline.

Matthew 1:1–17: Cultural Subjugation of Women in Shona Communities in Zimbabwe: A Hermeneutical Study

The space accorded women in the genealogy of Jesus Christ glowingly typifies the subordination of women in African communities generally. Appositionally, 42 men against five women are mentioned in the family tree of Jesus in Matthew 1:1–17. The domination of males in the lineage of Christ rebuts the theology of Jesus as “the seed of the woman” (Compton 2018, 1; Hamilton 2006, 30; Luther 1958, 192). The relegation of women to a silhouetted horizon in the ancestral lineage of Jesus typifies the manner in which Shona traditions in Zimbabwe peripheralise women in issues of property and inheritance (Kambarami 2006, 7; Ncube 1996, 9; Riphenburg 1997, 33). In this article, I interrogate the status of women in the Matthean lineage of Jesus in light of patriarchal suppression of women in inheritance and property rights in Zimbabwe.

The protection of individual labour rights in Zimbabwe

SUMMARY The protection of individual labour rights in Zimbabwe is deficient despite the fact that the Constitution protects these rights. In looking to explore how this could be addressed, this article considers the evolution of the state's obligation to protect individual labour rights to this point and relies on individual labour rights protection at a global level with particular insights drawn from the approach taken to the protection of these rights in two jurisdictions, namely, England and South Africa. The approach to the protection of individual labour rights in these two jursidictions has influenced the Zimbabwean approach to highlight that effective protection of individual labour rights is possible only when courts actively look to protect these rights. The article argues that the reason for deficiencies in the Zimbabwean approach is the fact that courts are not doing enough to protect individual labour rights in Zimbabwe. The solution to this issue, therefore, lies in Zimbabwean courts taking a more proactive role in protecting individual labour rights. Key words: labour rights; constitutionalism; individual labour rights; codification; acccess to court

One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe's constitutional socio-economic rights

SUMMARY In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of Mushoriwa v City of Harare in 2014. The High Court made a finding in favour of the applicant, a decision which enforced the right to water in section 77 of the Constitution. The ruling offered the view that the water bylaws used were unconstitutional and contrary to the enabling statute. This judgment was welcomed as a 'first true test' of socio-economic rights under the 2013 Constitution. In Hove v City of Harare the High Court judge agreed with the reasoning of the Court in Mushoriwa v City of Harare that, in the event of a genuine dispute of a water bill, there should be a recourse to the courts for remedies. In 2018, however, the Supreme Court overturned the decision in the Mushoriwa case. It declared that water disconnections in terms of the water bylaw are above board. This raises questions as to the constitutional obligation to protect the right to water imposed upon all organs of the state. It is against this background that this article reviews the case of Mushoriwa and makes comments on the effects of this judgment, specifically about the enforcement of socio-economic rights in Zimbabwe. Keywords: constitutionality; right to water; Mushoriwa; socio-economic rights

Obstacles to the realization of women's reproductive health rights in Zimbabwe.

Improving the sexual and reproductive health of young women allows them to reap the personal, social and economic benefits through making informed decisions on their health. Restrictions on the sexual and reproductive health rights of young women are discriminatory because they relegate women to a state of being less valuable than their male counterparts. This study explore s the obstacles that women face in asserting their reproductive health rights in Zimbabwe. For this qualitative study, semi-structured interviews were conducted to collect data, which was analysed using narrative analysis techniques. The study found that polygamy and wife inheritance were among the challenges women faced that kept them from exercising their reproductive rights. Other forms of gender inequality also reduces the autonomy of women. Gender norms have an effect on the health seeking behaviour of women within the sexual and reproductive health ambit.

Mining and Environmental Rights in Zimbabwe. A Case of Zvishavane District

This paper examines the impact of artisanal small-scale mining on the environmental rights of communities in Zvishavane, Zimbabwe. All over the world, mining has been significant in enhancing the livelihoods of the people by reducing poverty and ensuring food security. Despite its major contribution to economic growth and development, mining is responsible for environmental degradation. The environmental rights of many indigenous communities in Zimbabwe are violated by small-scale mining operations. Zvishavane is one of the marginalized communities in Zimbabwe where all types of mining activities are taking place as the district is located along the Great Dyke mineral belt. The dominant mining entities in the district are artisanal small-scale miners exploiting gold and chrome. Given the low capitalization that characterizes artisanal small-scale miners, the degree to which these entities comply with the country's legislation on environmental protection becomes very doubtful. The study was conducted through interviews and focus group discussions with key informants in the Mapanzure community in Zvishavane. The findings of this study highlight that artisanal small-scale chrome and gold miners are largely responsible for the contamination of water sources, land degradation, excessive air pollution and deforestation, which exposes mining communities in Zvishavane to health hazards such as cholera, bilharzia, asthma and cirrhosis. Findings of this study provide valuable insights for policymakers and practitioners on sustainable mining in marginalized communities. Keywords: Mining, Environmental rights, Artisanal small-scale miners and Zvishavane District DOI: 10.7176/DCS/10-8-06 Publication date: August 31 st 2020

Chinese Construction Companies and the Question of Labour Rights in Zimbabwe

This paper focuses on the question of labour rights in Chinese construction companies in Zimbabwe. Utilizing data collected from two companies through interviews with mainly artisans, the study established general discontentment with conditions of work in these companies by local workers. Concerns were raised over lack of adequate protective equipment/clothing, low salaries and poor communication systems among others. The government of Zimbabwe was urged (by respondents) to monitor the operations of Chinese companies in the sector and ensure that they follow the law in letter and spirit. The study established that Chinese business people exploit opportunities presented by high rates of unemployment in the country as well as Zimbabwe’s desperation as an internationally isolated state to their advantage. In such a situation, trade unions become the gap filler to improve the workers’ plight although the absence of total state support for them leaves workers exposed.

Land reform, citizenship and aliens in Zimbabwe

ABSTRACT This article examines the implications of the land and agrarian reforms on ‘aliens’ and its multiplying effects on citizenship and their rights in Zimbabwe. It also interrogates the contested nature of citizenship in relation to land, agriculture and the rights of aliens. This is premised on a background where a frosty relationship has existed between aliens and the government, making them victims of the country’s land reform programme. Settler colonialism is shown as having partly contributed to contemporary challenges and despite its demise, it continues to influence land and agrarian disputes between the government, indigenous Zimbabweans and aliens. It is against this background that this article interrogates and tells a unique story of inclusion and exclusion in rural Zimbabwe. The country’s land reform programme is shown as having had deep seated socio-cultural, political and economic implications some which are now only becoming evident now. The paper uses strong field based empirical evidence, adopts an interpretive life history research approach and uses the conceptual lenses of T.H. Marshall’s distinction of social citizenship (civil political and economic) to show how land reform has reconfigured rural social and economic relations. The article shows that in post land reform Zimbabwe, citizenship remains a contested issue and socially, economically and politically aliens are at a disadvantage and are failing to enjoy the rights and privileges which are due to them as enshrined in the country’s laws. The article concludes that despite the politics of inclusion and exclusion in rural Zimbabwe, aliens continue to positively contribute to socio-economic and political processes in the resettlement areas.

The 2013 Constitutional Reform and the Protection of Women's Rights in Zimbabwe

Zimbabwe adopted a new Constitution in 2013 to replace the gender-insensitive Lancaster House Constitution of 1979. This article largely relies on extant literature to analyze the adequacy of the 2013 Constitution in advancing women’s rights and needs. The study shows that the 2013 Constitution contains an elaborated Declaration of Rights that protects women against the major challenges they face in society, including exclusion in public life, vulnerability to abuse, violence and harmful practices. It also speaks to women’s access to quality and affordable health, capital and employment opportunities. Courtesy of the 2013 Constitution, women in Zimbabwe have equal rights and opportunities as men in relation to guardianship of children. Although some gender provisions in the Constitution lack conceptual clarity and the government is showing limited political will for constitutionalism, the 2013 Constitution of Zimbabwe has been found to be a progressive instrument poised to ensure for the recognition, inclusion, equality and protection of women as equal human beings in society. Keywords : Constitution of Zimbabwe, gender equality, protection, women’s rights

A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe

Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Zimbabwe. This is done to investigate the adequacy of the legal framework in Zimbabwe with regard to the combatting of torture. In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of Zimbabwe Amendment (No 20) Act, 2013 (Zimbabwe Constitution, 2013) prohibits torture, more may still need to be done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN Convention against Torture) to date. Lastly, concluding remarks and possible recommendations that could be employed to discourage torture-related human rights abuses in Zimbabwe are provided.
 

The Functions of Selected Human Rights Institutions and Related Role-Players in the Protection of Human Rights in Zimbabwe

Various human rights violations on the part of the ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s to date. It is widely acknowledged that such violations were mostly perpetrated by the government through its different organs for political and other related reasons. Human rights violations were also easily committed against ordinary people and human rights defenders because there was no Constitution that adequately protected such people's fundamental human rights (including their civil and political rights and their socio-economic rights) in Zimbabwe. Given this background, the article discusses the protection of human rights in Zimbabwe, in light of the Zimbabwe Constitution Amendment 20 of 2013 (Zimbabwe Constitution 2013). This is done in order to investigate whether the promotion, protection, enforcement and the respect for human rights in Zimbabwe has now improved. To this end, the functions of selected national human rights institutions and other related role-players, namely, the civil society, the judiciary, the law enforcement organs and the Zimbabwe Human Rights Commission are briefly discussed first. Secondly, the functions of selected regional and international institutions, namely, the Southern African Development Community, the African Union and the United Nations are discussed in relation to the protection of human rights in Zimbabwe. Thereafter, concluding remarks and possible recommendations that could be utilised to combat human rights violations and enhance the protection of human rights in Zimbabwe are provided.
 

Towards the Protection of Human Rights: Do the New Zimbabwean Constitutional Provisions on Judicial Independence suffice?

If human rights are to be effectively protected in any country, the judiciary has to recognise that it also has a role to play in this regard. The rationale for this is that the judiciary has a duty to enhance and protect human rights. Across Africa and most notably in Zimbabwe political interference has been noted as a factor that limits judicial independence. In Zimbabwe the weak protection of judicial independence has contributed to gross human rights violations. Constitutional reforms have been conducted in order to improve the independence of the judiciary and consequently the judicial protection of human rights. These efforts have resulted in the adoption of a new Constitution in Zimbabwe which has replaced the Lancaster House Constitution. The Constitutional reforms have captured legal principles which will ensure an improvement in the human rights situation. Key to the reforms has been the independence of the judiciary. The Constitution guarantees the independence of the judiciary. Despite such guarantees there are a number of challenges with regards to this independence. The aim of this paper is therefore to analyse the judicial reforms introduced by the Constitution of Zimbabwe with a view to establishing whether or not such reforms are likely to improve judicial independence and in turn the protection of human rights in Zimbabwe.

An Analysis of Socio-Economic and Cultural Rights Protection under the Zimbabwe Constitution of 2013

AbstractThis article discusses certain provisions of the Zimbabwe Constitution Amendment Act 20 of 2013 that deal with the protection of socio-economic and cultural rights in Zimbabwe. The purpose of the article is to investigate the adequacy, flaws, challenges and prospects of these provisions in relation to the protection and affording of basic socio-economic and cultural rights to all citizens of Zimbabwe.

Socio-economic rights in Zimbabwe: Trends and emerging jurisprudence

Socio-economic rights in Zimbabwe: Trends and emerging jurisprudence

Rights After Wrongs: Local Knowledge and Human Rights in Zimbabwe by Shannon Morreira

Rights After Wrongs: Local Knowledge and Human Rights in Zimbabwe by Shannon Morreira