"Good morning and thank you for coming - and I wish you a Happy Africa
Day.
This is the first ever visit to Zimbabwe by any High Commissioner for
Human Rights. I thank the the Government for inviting me, and believe
the fact that such an invitation has been forthcoming does in itself
have some significance, since human rights have over the years been one
of the most contentious issues concerning Zimbabwe both nationally and
internationally.
It is rare that I spend five days on an official country visit, as I
have done here. Yet, I would like to stress from the outset that I am
wary of drawing too many conclusions, given that I have seen little of
the country beyond the centre of Harare, and I am well aware that many
of the most serious problems are affecting people in the remoter rural
areas.
Another reason why I am wary is that I am aware that there are two
dramatically opposing narratives. Despite the existence of the
Inclusive Government, involving the three main political parties, which
is a product of the extremely important Global Political Agreement
(GPA) brokered by SADC in September 2008, the polarization in Zimbabwe
- everyone agrees - is still extremely pronounced.
This polarization is acting as a major impediment on a number of
fronts, including the advancement of human rights. Concern is also
rising both inside and outside the country that, unless the parties
agree quickly on some key major reforms and there is a distinct shift
in attitude, the next election which is due some time in the coming
year could turn into a repeat of the 2008 elections which resulted in
rampant politically motivated human rights abuses, including killings,
torture, rapes, beatings, arbitrary detention, displacements and other
violations. On a more positive note, several people told me they
believe that if the country can get through the next 18 months or so
without another political and human rights disaster, then it could
finally turn the corner towards renewed stability and prosperity.
In the spirit of the invitation I have received, I held extensive and
cordial meetings with President Robert Mugabe and Prime Minister Morgan
Tsvangirai - the principals of two of the three parties in the
Inclusive Government. I also held discussions with the Minister of
Justice and Legal Affairs, Minister of Labour and Social Services, and
-he Acting Minister of Foreign Affairs. And, just a few minutes ago, I
wrapped up my final meeting with the Minister of Lands and Rural
Settlements and the Minister of Agriculture, Mechanization and
Irrigation Development. I saw the President of the Senate on Tuesday -
the Speaker of Parliament was unfortunately unavailable - together with
the Parliamentary Thematic Committee on Human Rights, and the Chief
Justice. In retrospect -- given the very serious economic issues facing
the country, including sanctions, insufficient development funding,
inadequate public services, unemployment, loss of productivity, massive
emigration and corruption -- I wish I had also requested a meeting with
the Minister of Finance. This would also have helped improve the
political balance of my meetings with Ministers.
I held three separate meetings with civil society organizations, and
one with the Zimbabwe Human Rights Commission. I also had a joint
meeting with the Zimbabwe Anti-Corruption, Electoral and Media
Commissions - the first time all three of these Commissions have met
one another -- as well as with the diplomatic community and UN
colleagues here in Harare.
Most of my interlocutors noted there had been improvements, including
some very significant ones, since 2008, when the country seemed to be
on the brink of catastrophe. For one thing hyperinflation - which at
one point hit 231 million percent -- has been conquered by the adoption
of the multi-currency exchange system and the economy has stabilized
and begun to grow.
Yesterday, I took part in the Inaugural Summit of GlobalPOWER Women
Network Africa which is being held here in Harare, and was pleased to
learn that Zimbabwe has made significant progress on combatting HIV and
AIDS, despite an otherwise alarming decline in the country's medical
services. The overall HIV prevalence rate has almost halved from 23.7
percent in 2001 to 14 percent in 2009, although the drop in female
prevalence was only marginal (from 7.61 percent to 6.7 percent).
One very good achievement on the women's rights front is that half of
the Supreme Court judges are now female, and there are a number of
women ministers and senior public officials. I believe the government
has a sincere commitment to boosting the number of women in key
positions in the public sector, yet entrenched legal anomalies remain,
such as the fact that women still need their husbands' permission and
signature to acquire a passport.
But women have been faring far less well in some other spheres:
maternal mortality has worsened steadily over the past two decades from
283 deaths per 100,000 births in 1994 to around 960 per 100,000 in
2010-2011. The figure has risen by more than 40 percent in the past six
years alone. One factor in this disturbing deterioration is believed to
be the charging of 'user fees' for treatment in clinics. Such fees are
simply beyond the means of many women and as a result, they sometimes
do not even consider giving birth in a hospital or clinic. I also heard
stories of women in labour having to walk as much as 20 kilometres to
find medical care because they could not afford transport.
Women's groups, and the relevant United Nations agencies, believe that
sexual, domestic and politically motivated violence against women are
also widespread and on the rise, especially around election times.
Zimbabwe has the necessary legal framework for dealing with these
crimes, but - like many other aspects of the legal system - the
relevant laws are not being implemented properly. Many women are
reluctant to report violence because they have lost trust in the
police. Little effort appears to have been made to establish how many
women were subjected to sexual violence around the time of the 2008
elections, and even though the identity of a number of the alleged
perpetrators is known, there has reportedly been little or no attempt
to investigate, arrest and prosecute.
In stark contrast, human rights defenders, journalists and political
activists have been arrested and charged on a regular basis. Even
Councillors and Members of Parliament from the MDC -T party has been
arrested and charged under Section 33 of the Criminal Code (a provision
dealing with 'insulting or undermining the authority of the
president'). I believe this legislation should be repealed. Section 121
of the Criminal Procedure and Evidence Act is also seriously misused by
prosecutors who employ it to block release after bail has been granted,
and are not required to provide any reason for their action. I believe
this legislation should be amended to protect against its frequent
misuse for political purposes, especially during the run-up to
elections.
The corrosive effect of these laws, and of other forms of past and
current -- albeit lower level -- harassment and intimidation of
political party activists, including restrictions on their right to
freedom of assembly, is deeply worrying.
I have heard much concern expressed about the role of the military,
including a recent statement by one of the country's most senior army
officers suggesting the army should throw its weight behind one
political party - when for any country to be called a democracy, its
army must observe strict political neutrality. As the GPA clearly says,
'State organs and institutions do not belong to any political party and
should be impartial in the discharge of their duties.'
One very positive development during my visit has been the news that
the government is proposing to sign and ratify the international treaty
known as the Convention against Torture. I warmly welcome this
development which was one of the 130 recommendations made by other
states, and accepted by Zimbabwe, during last year's Universal Periodic
Review (UPR) by the Human Rights Council in Geneva. During my meetings
with the Government, I have stressed my willingness to provide
technical support in its efforts to fulfil those recommendations. This
is a service we offer to many States as they enter the second cycle of
this new and extremely important inter-governmental process, which has
had a 100 percent buy-in by all 193 UN Member States. I have also urged
the government to take a second look at the other 47 recommendations
which it rejected, since I believe some of these are of great
importance to Zimbabwe's future.
In my meetings with the Government, I have drawn attention to various
pieces of legislation that infringe on journalists' right to freedom of
expression, such as the Access to Information and Protection of Privacy
Act, the Broadcasting Services Act and the Public Order and Security
Act. I believe all three need to be amended to ensure that they are
brought in line with international human rights laws and standards.
I note also that, out of the four very important Commissions set up by
the government to deal with major issues highlighted in the GPA, the
Zimbabwe Media Commission has been receiving a lot of criticism. I was
very struck, during my meeting with the three thematic Commissions,
that the Media Commission seemed much more concerned with controlling
and censoring media than with promoting freedom of expression. I fully
agree with the members of the Zimbabwe Electoral Commission who pointed
out that the success of their work to ensure free and fair elections
will depend to quite some degree on the media disseminating information
properly and in an unbiased form to the general public.
Many people I have spoken to have expressed great concern about the
perceived strong political bias of the State-run broadcast media, and
the refusal of the Broadcasting Authority of Zimbabwe to grant licenses
to private radio and TV stations, thereby preserving a politicized
monopoly that holds particular sway in rural areas. Opening up the
market to non-state TV and radio stations might help to stimulate more
balanced and better quality news by providing competition. While the
newspapers have benefitted from greater freedom, they both reflect and
feed the extreme political polarization.
Some media also systematically denigrate human rights defenders who are
simply going about their job of trying to help promote and protect the
human rights of ordinary Zimbabweans. A vibrant civil society is a
crucial part of any democratic society's development, in all spheres
including human rights, and it should be strongly supported even if
some of its messages make uncomfortable reading for those in authority.
I am also disturbed by reports that some of the humanitarian agencies
are not allowed to operate in certain parts of the country - notably
Masvingo and Mashonaland -- which means that aid, including food aid,
is not in all cases being delivered on the basis of need.
I have also been disturbed by the country's legislation on the subject
of LGBT (sexual orientation). The all-important international principle
of non-discrimination is included in the current Constitution, as well
as in international treaties to which Zimbabwe is a party. There can be
no justification for violence, harassment or stigmatization. And
criminalization of any group because of their sexual orientation can
lead to impediments to their accessing basic services - in other words
result in clear-cut discrimination - including treatment for HIV.
Sexual relations between consenting adults is not a matter for the
courts.
My views on the issue of land reform have been oversimplified in some
media reports.
I dealt with this issue in some detail in a speech I made yesterday at
the University of Zimbabwe,* so I will not dwell on it too much here,
except to say that I support the basic principle of land reform, and I
am happy that many small farmers have now managed to acquire viable
farms. The pride and enthusiasm of some of the small farmers I met,
including several women, was a pleasure to see, and I hope the
government will fulfil its promises to help them makes their farms
productive and profitable. It is important to remember however that
some aspects of the land reform process also caused a great deal of
misery, not just to former owners evicted without due process or
compensation, but also to tens of thousands of farm workers who lost
their jobs, were evicted and in many cases reduced to total destitution
overnight.
It is vital that such a process is carried out transparently and with
clear criteria that are in full accordance with international norms and
standards. The GPA contains an agreement to conduct a non-partisan land
audit to establish accountability and eliminate multiple farm
ownerships. There is, after all, no merit in taking sizeable quantities
of land from one elite, only to give it another. Under the GPA, the
parties also agreed to ensure that all eligible citizens who want to
have land can do so, and that each individual will be considered
without bias. I urge the Inclusive Government to take further steps to
carry out these and other key reforms laid down in the GPA.
My speech at the University also covered a range of important issues in
the realm of economic, social and cultural rights, such as the rights
to food, education, health and adequate housing, and issues such as
forced evictions, sanctions, good governance and the need to fight
corruption. Issues relating to water and food production are
particularly concerning with the country suffering from a severe
drought. In addition, as a result of inadequate safe water supplies and
sanitation in some areas, cholera outbreaks which used to take place
once a decade now occur on an annual basis.
Reverting to the subject of elections, which is on everyone's mind, I
have congratulated both President Mugabe and Prime Minister Tsvangiri
on their recent strong public calls for people to avoid resorting to
violence, and I urge the leadership of all three parties to continue to
make such loud and unambiguous calls at regular intervals, so that the
message is clearly heard again and again that none of the country's
political leaders condones or encourages such behaviour.
One matter of concern has been the long, drawn-out process of agreeing
a new Constitution as laid down in the GPA. I understand there is some
hope that this may be nearing a conclusion. The Constitution is
obviously crucial, and I hope it will contain a Bill of Rights that is
in full compliance with international human rights law.
I believe that it is essential that a satisfactory new Constitution
with an entrenched Bill of Rights is in place soon, so that the
referendum to confirm it and all the electoral reforms necessary for a
peaceful, free and fair election can be carried out before people go to
the polls. Realistically this will take time, but it will be more
important to get it right than to rush the process. The Zimbabwe
Electoral Commission's role is extremely important and I hope it is
given all the assistance it needs to carry out its sensitive and vital
tasks such as updating the electoral roll, delimiting constituencies,
supervising registration and supervising the Constitutional Referendum
and the elections, while maintaining strict independence from any of
the political parties.
I welcome the fact that Zimbabwe has established a Human Rights
Commission - a type of national institution governed by a rigorous
international set of standards -- and appointed its members in 2010,
and I deeply regret the fact that the bill that would enable it to
function properly is currently still stuck in Parliament. The main
obstruction to its progress is a dispute over its temporal limitation,
i.e. whether or not it should cover historical events prior to 2009. My
strong advice to the political leaders and parliamentarians has been
that - like most other Human Rights Commissions around the world -- it
should not become involved in historical investigations. Debate on this
issue must not be allowed to continue to hold up this vital body, whose
members have been existing in a sort of operational limbo for more than
two years now. Instead it should deal with the many pressing issues
that face Zimbabwe today and in the future, and in particular all the
human rights issues surrounding the forthcoming elections.
I stress that this does not mean that past human rights violations such
as the devastating large-scale killings and other violations in
Matabeleland and Midlands in the 1980s, or the 2008 election violence
should be swept under the carpet. Far from it. There should never be
impunity for serious crimes, and justice is essential if peace and
stability are to endure. However, this would be too great a task for
the Human Rights Commission, whose prime role is to deal with current
and future human rights situations, to advise the government and
parliament, to help draft human-rights-friendly legislation and to
accept and assess complaints from members of the public as well as to
promote and protect human rights in general. Instead, I have urged all
parties to consider setting up another body or bodies - such as a Truth
and Reconciliation Committee or a Commission of Inquiry - to look at
major human rights violations that took place some time ago.
Finally, I would like to turn to a highly controversial issue that has
come up again and again during my visit here, namely the various
limited sanctions regimes that some countries have imposed on Zimbabwe
over the past decade or so. The continuation of sanctions is now
opposed by all three parties that make up the Inclusive Government, and
I have yet to hear a single Zimbabwean inside the country say they
definitely think sanctions should continue. The reason for this is a
perception that sanctions, which were targeted at various named
individuals and companies, are in fact having a wider impact on the
general population. While it is difficult to disentangle the specific
causes of Zimbabwe's major social and economic ills, there seems little
doubt that the existence of the sanctions regimes has, at the very
least, acted as a serious disincentive to overseas banks and investors.
It is also likely that the stigma of sanctions has limited certain
imports and exports. Taken together, these and other unintended
side-effects will in turn inevitably have had a negative impact on the
economy at large, with possibly quite serious ramifications for the
country's poorest and most vulnerable populations who have also had to
cope with the political instability and violence as well as a severe
drought.
The issues relating to the individuals targeted by the sanctions will I
hope - assuming there is sufficient evidence - one day be sorted out in
a court of law, which is the proper place to deal with serious crimes.
In the meantime, I would urge those countries that are currently
applying sanctions on Zimbabwe to suspend them, at least until the
conduct and outcome of the elections and related reforms are clear.
Zimbabwe is a country which everyone recognizes should be one of the
most prosperous and highly developed on the African continent. Instead,
it is beset by a difficult political climate, drought, sanctions, and
an unfortunate history of human rights violations and impunity for
those who have committed them. It is calmer now, but still beset by
uncertainty and fear about what the future may hold. But there is also
some optimism, because there has been progress, and the GPA and the
Inclusive Government have - despite all the delays and unfinished
business -- created some positive momentum which could lead to
increased stability and prosperity.
I hope that this is indeed the way forward, and promise to do what I
and my staff can in order to help all Zimbabweans realize their
fundamental human rights.
Thank you."