34/8 Report of the Working Group on the Universal Periodic Review - Zimbabwe
Document Type: Final Report
Date: 2016 Dec
Session: 34th Regular Session (2017 Feb)
Agenda Item: Item6: Universal Periodic Review
GE.16-23069(E)
Human Rights Council Thirty-fourth session
27 February-24 March 2017
Agenda item 6
Universal periodic review
Report of the Working Group on the Universal Periodic Review*
Zimbabwe
* The annex is being circulated without formal editing, in the language of submission only.
United Nations A/HRC/34/8
Contents
Page
Introduction ................................................................................................................................... 3
I. Summary of the proceedings of the review process ...................................................................... 3
A. Presentation by the State under review ................................................................................. 3
B. Interactive dialogue and responses by the State under review .............................................. 6
II. Conclusions and/or recommendations ........................................................................................... 12
Annex
Composition of the delegation ...................................................................................................... 29
Introduction
1. The Working Group on the Universal Periodic Review, established in accordance
with Human Rights Council resolution 5/1, held its twenty-sixth session from 31 October to
11 November 2016. The review of Zimbabwe was held at the 5th meeting, on 2 November
2016. The delegation of Zimbabwe was headed by the Vice-President and Minister for
Justice, Legal and Parliamentary Affairs, Emmerson D. Mnangagwa. At its 10th meeting,
held on 4 November 2016, the Working Group adopted the report on Zimbabwe.
2. On 12 January 2016, the Human Rights Council selected the following group of
rapporteurs (troika) to facilitate the review of Zimbabwe: Kenya, the former Yugoslav
Republic of Macedonia and the United Arab Emirates.
3. In accordance with paragraph 15 of the annex to Human Rights Council resolution
5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents
were issued for the review of Zimbabwe:
(a) A national report submitted/written presentation made in accordance with
paragraph 15 (a) (A/HRC/WG.6/26/ZWE/1);
(b) A compilation prepared by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)
(A/HRC/WG.6/26/ZWE/2);
(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)
(A/HRC/WG.6/26/ZWE/3).
4. A list of questions prepared in advance by Belgium, Czechia, Germany, Mexico, the
Netherlands, Norway, Slovenia, Spain, Sweden, Switzerland, the United Kingdom of Great
Britain and Northern Ireland and the United States of America was transmitted to
Zimbabwe through the troika. These questions are available on the extranet of the universal
periodic review.
I. Summary of the proceedings of the review process
A. Presentation by the State under review
5. The delegation reiterated the commitment of the Government of Zimbabwe to its
human rights obligations and its appreciation for the universal periodic review mechanism.
6. Since the previous review, the National Steering Committee comprising of
government and other multi-stakeholder representatives had been established. A national
plan of action for the implementation of accepted recommendations had been adopted, with
the National Steering Committee monitoring the process. A midterm report on the progress
made in the implementation of recommendations had been submitted.
7. The effects of climate change had adversely affected the implementation of social
and economic rights. The negative impact of the drought meant that resources had to be
redirected away from national social programmes towards the provision of food to over
800,000 vulnerable households. Although the continued imposition of economic sanctions
by some Western countries had severely limited the fiscal space and economic growth,
compounding the challenges faced in mobilizing resources for social services, the
Government had undertaken initiatives such as the Zimbabwe Agenda for Sustainable
Socioeconomic Transformation, which was the economic blueprint for achieving
sustainable and equitable economic and social development. A monitoring and evaluation
framework had also been adopted, to measure development-related efforts.
8. In partnership with the World Bank, the Government had embarked on the ease of
doing business project, to improve the international ranking of the country as a sound
investment destination.
9. To ensure food security, the Government, in partnership with the private sector, had
embarked on a special maize production programme.
10. Since the previous review, in 2013 Zimbabwe had adopted a new Constitution,
which had been lauded for its foundational democratic elements and its expanded
Declaration of Rights. The Constitution had brought about the establishment of the
Constitutional Court. The alignment of all legislation was in progress. The Constitution
obliged the Government to ensure that all international conventions, treaties and
agreements to which Zimbabwe was a party would be incorporated into domestic law. In
that regard, a “ratification and domestication strategy” had been adopted to accelerate the
process of ratifying international instruments and incorporating them into domestic law.
11. Zimbabwe had ratified the Convention on the Rights of Persons with Disabilities
and its Optional Protocol, the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the United Nations Convention
against Transnational Organized Crime, the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict, and the Optional
Protocol to the Convention on the Rights of the Child on the sale of children, child
prostitution and child pornography. Reports had been submitted to the Committee on the
Elimination of Discrimination against Women, the Committee on the Rights of the Child
and the African Committee of Experts on the Rights and Welfare of the Child.
12. The Government had prioritized programmes aimed at promoting public awareness
of human rights, which included radio broadcasts and exhibitions. The Constitution had
been widely distributed, with abridged versions made available in eight languages and
Braille. The Constitution had also been available on the government website.
13. The Government had achieved the institutionalization of the promotion of human
rights through the establishment of the Zimbabwe Human Rights Commission. The
Zimbabwe Media Commission and the Zimbabwe Gender Commission had become
operational, while the Zimbabwe Electoral Commission had been further strengthened.
Legislation enabling the National Peace and Reconciliation Commission to become
operational was before Parliament.
14. Nine additional resident magistrates’ courts in six provinces had been established.
Legislation to designate all magistrates’ courts as small claims courts was before
Parliament. The legal aid programme had been decentralized.
15. The delegation responded to questions received in advance of the review. On the
issue of early marriage, the delegation stated that the Constitution set the age of marriage at
18 years, which had been confirmed by the Constitutional Court. The marriage laws were
being aligned with the Constitution.
16. On the issue of birth registration, the delegation stated that 206 birth registration
sub-offices had opened. Schools too assisted pupils in obtaining birth certificates.
17. On the issue of food security, the delegation stated that drop-in centres had been
established in five major towns, where food was distributed to children living in the streets.
Food was also being distributed to orphans, children in rural areas, families headed by
children and children with disabilities. The Home-grown School Feeding Programme for
children in schools was being rolled out in phases starting with infant learners.
18. Progress had been made in decreasing the prevalence of HIV. The Elimination of
Mother-to-Child Transmission Strategy for 2014-2018 focused on pregnant and lactating
women, as well as on adolescent girls and young women. The Government would be
launching a global framework on HIV prevention, care and treatment. National AIDS Trust
Fund resources were being channelled towards prevention and community engagement in
care and treatment, among other things. Youth-friendly corners were being established in
health facilities to meet the needs of unmarried adolescents.
19. On the issue of child sexual abuse, the delegation stated that the legal and structural
framework was sufficient to protect children from such abuse.
20. On the issue of the death penalty, the delegation recalled that, during the previous
review, Zimbabwe had accepted recommendations to ratify the Second Optional Protocol to
the International Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty. However, during the consultative process for the drafting of the 2013 Constitution,
the majority of the people had favoured retaining the death penalty, which had delayed
ratification of the Optional Protocol. The 2013 Constitution nevertheless provided for the
enactment of a law to restrict the use of the death penalty to men between 21 and 70 years
of age convicted of aggravated murder. Nationwide campaigns on the effects of the death
penalty were under way.
21. Although ratification of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment was still under consideration, the content of the
Convention had been incorporated into the 2013 Constitution and into domestic law.
22. The disappearance of Itai Dzamara was being investigated and the authorities were
working with his family and Zimbabwe Lawyers for Human Rights in that regard.
23. The National Peace and Reconciliation Commission would come into operation
through passage of the National Peace and Reconciliation Commission bill, to be
considered during the current session of Parliament.
24. All independent commissions were being funded directly from the Treasury, which
had strengthened their independence. The Constitution guaranteed the independence of the
commissions. The stringent and transparent process on the removal of commissioners from
office guaranteed their tenure.
25. The Zimbabwe Electoral Commission was independent. The Government did not
interfere with its operations and supported it in the discharge of its mandate.
26. The right of women to inherit or acquire land and other property was provided for in
the law. Wives and daughters could inherit from the estates of their deceased husbands and
fathers. Moreover, the Constitution called upon the Government to promote the full
participation of women in all spheres, including in respect of land ownership, on an equal
basis with men.
27. The mandate of the Zimbabwe Gender Commission included monitoring gender
equality and investigating violations of rights relating to gender. The relevant laws were
being aligned with the provisions of the 2013 Constitution, to ensure equal representation
of women in all institutions. There was a legal framework in place to combat domestic
violence.
28. It was not the policy of the Government to distribute food along partisan lines. The
Government had adopted a zero-tolerance policy towards the politicization of food aid and
had put into place stringent measures against such malpractice.
29. Whenever the prison population exceeded the holding capacity, inmates were
transferred from closed prisons to spacious farm prisons. That measure was complemented
by the periodic issuance by the President of clemency orders. A prisons and correctional
service bill was being finalized to improve prison conditions, create community
correctional centres and increase the number of correctional facilities.
30. The Interministerial Task Force on the Alignment of Legislation had been
established and tasked with coordinating the alignment of all laws with the 2013
Constitution. In line with the Electoral Act, which had been revised by the General Laws
Amendment Act, the Zimbabwe Electoral Commission had been made responsible for
registering voters, compiling voters’ rolls and registers and ensuring the proper custody and
maintenance of the rolls. A polling station-based voter registration process had been
established.
31. Criminal defamation was no longer a crime as it had been struck down by the
Constitutional Court. Broadcasting licences for private broadcasters and commercial radio
stations had been issued. Licences for community radio stations would be issued after the
digitalization of broadcasting services.
32. The Interception of Communications Act was being revised to prevent the
unauthorized collection, processing and transmission of personal data and the interception
of communications.
33. The rights to freedom of expression, association and assembly were not absolute and
must be exercised peacefully and with due respect for the rights of others. The Government
would continue to ensure that those rights could be enjoyed by all without causing harm to
or prejudicing the rights of others.
34. The enforcement of civil court orders was the responsibility of the Sheriff of the
High Court and not of the police. However, where the Sheriff of the High Court was
hindered in carrying out his duty, the police could be called upon to assist in maintaining
peace and order.
35. With regard to the concern expressed about human rights abuses by the security
forces, reported cases of such abuses were investigated and the alleged perpetrators were
prosecuted. Moreover, victims could institute civil proceedings against the perpetrators. A
new law was being drafted to provide for an independent mechanism to channel complaints
against members of the security forces.
36. The delegation concluded its response to the questions received in advance of the
review by emphasizing that Zimbabwe was committed to working with the special
procedure mandate holders of the Human Rights Council. All outstanding requests for visits
to the country would be considered on their merits.
B. Interactive dialogue and responses by the State under review
37. During the interactive dialogue, 86 delegations made statements. Recommendations
made during the dialogue are to be found in section II of the present report.
38. The Netherlands applauded the adoption by Zimbabwe of a new Constitution. The
Netherlands was concerned by the increase in reported incidents infringing on the
fundamental rights and freedoms enshrined in it.
39. New Zealand was concerned about the use of excessive force by government forces
and called on Zimbabwe to ensure that the right to freedom of expression was respected and
to support an open political space.
40. The Niger was pleased with the adoption of the 2013 Constitution and noted with
satisfaction the strengthening of the legislative and institutional framework in the area of
human rights.
41. Nigeria commended Zimbabwe for accepting the majority of the recommendations
arising from its first review and acknowledged the national plan of action for their
implementation. Nigeria was encouraged by the bold step taken by Zimbabwe on economic
development.
42. Denmark expressed concern about the lack of freedom of assembly and association
and the lack of space for civil society. It was also concerned about the absence of a
constitutionally aligned policy framework for the justice institutions.
43. Pakistan welcomed the strengthening by Zimbabwe of its institutional human rights
framework and noted the measures taken to promote the rights of children, women and
persons with disabilities.
44. Uruguay expressed the hope that the 2013 Constitution would have a positive impact
on the enjoyment of human rights by the people of Zimbabwe.
45. The Philippines welcomed the expansion of the Declaration of Rights in the 2013
Constitution. It was concerned that limited funding and a restricted mandate would impinge
on the ability of the Zimbabwe Human Rights Commission to effectively monitor
children’s rights and receive and investigate complaints from children in a child-sensitive
manner.
46. Portugal welcomed the ratification, since the first review, of two Optional Protocols
to the Convention on the Rights of the Child and the establishment of a national human
rights institution in accordance with the principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris Principles).
47. The Republic of Korea welcomed the adoption of the 2013 Constitution and the
implementation of the Zimbabwe Agenda for Sustainable and Socioeconomic
Transformation.
48. The Russian Federation noted the improvement in the legislative framework on
human rights. It welcomed the establishment of interministerial committees to combat
sexual violence and trafficking in persons and the steps taken to improve prison conditions.
49. Rwanda commended the efforts made by Zimbabwe to implement, under difficult
conditions, the recommendations arising from its first review, as well as its efforts to
promote gender equality and combat gender-based violence.
50. Senegal noted the progresses made by Zimbabwe since 2011 and welcomed the
multipartite composition of the steering committee on the universal periodic review.
51. Serbia commended the participatory approach adopted by Zimbabwe in preparing its
national report and encouraged it to continue aligning its laws with the new Constitution,
including the Declaration of Rights.
52. Sierra Leone commended Zimbabwe for the adoption of a new Constitution and
noted that harmful practices such as child marriage had been banned.
53. Slovenia appreciated the presentation of the national report and commended
Zimbabwe for the efforts made since its previous review.
54. South Africa recognized the progress made by Zimbabwe in promoting and
protecting human rights despite the economic sanctions, which had severely constrained its
ability to implement its human rights obligations.
55. South Sudan recognized that Zimbabwe was cooperating with the international
human rights mechanisms and called upon the international community to support it with
financial and technical assistance.
56. Spain highlighted the importance of implementing the Domestic Violence Act and
regretted the temporary suspension of the right to demonstrate, which was recognized in
section 59 of the 2013 Constitution.
57. The Sudan commended Zimbabwe for its positive engagement with the universal
periodic review and appreciated the positive steps taken since the previous review, despite
the economic challenges caused by the economic sanctions imposed by some Western
countries.
58. Swaziland commended Zimbabwe for strengthening and, where necessary, creating
the institutions to implement the recommendations received in 2011. It also congratulated
Zimbabwe for outlawing child marriage.
59. Sweden thanked Zimbabwe for replying to the questions it had transmitted in
advance of the review. It noted that the alignment of national laws with the new
Constitution had been slow and, in parts, unsystematic.
60. Switzerland stated that the implementation of the new Constitution was of particular
importance in the light of violations of the rights to freedom of expression, association and
peaceful assembly.
61. The Syrian Arab Republic welcomed the commitment by the Government to accord
priority at the policy level to the development of human rights.
62. Thailand welcomed the adoption of the 2013 Constitution and the ratification of
several human rights treaties, including the Convention on the Rights of Persons with
Disabilities.
63. The former Yugoslav Republic of Macedonia asked for an update on measures taken
to ratify the Convention against Torture.
64. Timor-Leste welcomed the enactment of the Sexual Offences Act, the constitutional
provision establishing the age of majority at 18 years and the prohibition of forced
marriages.
65. Togo welcomed the creation of new institutions, including the Constitutional Court,
the National Prosecuting Authority of Zimbabwe, the Zimbabwe Gender Commission and
the National Peace and Reconciliation Commission.
66. Tunisia welcomed the measures taken to promote human rights, particularly the
ratification of international human rights instruments, and the steps taken to implement
recommendations from the first cycle of the universal periodic review.
67. Turkey appreciated the legislative improvements in protecting human rights. It
welcomed the adoption of policies on gender and children and of the Zimbabwe Gender
Commission Act.
68. Uganda urged the unconditional lifting of the damaging economic sanctions. It noted
that Zimbabwe was experiencing food insecurity but lacked capacity in social protection.
69. Ukraine was concerned about the use of excessive force against peaceful
demonstrators and regretted that the Zimbabwe Gender Commission and the National Peace
and Reconciliation Commission were not operational.
70. The United Kingdom called for an investigation into concerns regarding political
violence and the partisan distribution of food aid, and for the prosecution of alleged
perpetrators.
71. The United Republic of Tanzania commended achievements, notably the adoption of
the new Constitution and the establishment of the Constitutional Court and of a number of
commissions.
72. The United States expressed concern about restrictions on the freedoms of
expression and assembly, about the increase in politically motivated violence and about the
failure to hold security forces accountable.
73. Panama noted that climate change was a threat to rights related to the environment
and encouraged Zimbabwe to promote a greener economy.
74. The Bolivarian Republic of Venezuela noted efforts to improve the quality of
education and initiatives to provide housing and support the owners of small farms.
75. Zambia commended action taken to implement recommendations from the universal
periodic review, particularly the bringing together of stakeholders in the development of a
national plan of action to implement the recommendations arising from the previous
review.
76. Algeria welcomed the new Constitution and the efforts made to protect children and
encouraged Zimbabwe to implement its national policy on the rights of the child.
77. Angola noted that the Government had implemented macroeconomic measures to
overcome the unjust sanctions imposed on Zimbabwe and welcomed cooperation with the
human rights mechanisms.
78. Argentina urged the Government to make progress in aligning its national legislation
with its international obligations and continue acceding to human rights treaties.
79. Armenia welcomed the steps taken on human rights education and awareness-
raising. It was concerned about the sexual abuse and harassment of girls on their way to
school.
80. Australia commended the adoption of a new Constitution and supported the
Zimbabwe Human Rights Commission. It was concerned about freedom of expression and
assembly.
81. Bangladesh noted steps to implement the recommendations received during the first
review and encouraged Zimbabwe to sustain the momentum. It noted the challenges faced
by the Government, including HIV/AIDS and capacity constraints.
82. Belarus congratulated Zimbabwe on its new Constitution based on the rule of law,
among other principles, and the ratification of several human rights instruments.
83. Belgium welcomed the adoption of the new Constitution. It remained concerned
about the persistence of laws and practices that were harmful to women and children.
84. Botswana highlighted the challenges posed by high rates of maternal, neonatal and
child mortality, as well as of stunting and malnutrition among children under 5 years of age.
85. Brazil noted the adoption of the new Constitution. It encouraged the continued
alignment of national legislation with the Constitution and international law.
86. Burundi noted the strengthening of the legislative institutional framework, the
human rights awareness-raising and training policies, efforts to incorporate human rights
instruments into domestic law and the reforms to the judicial sector.
87. Canada was concerned about reports of reprisals against critics of the Government.
It stressed the importance for the Government to protect freedom of expression.
88. Chile welcomed the commitment by Zimbabwe to protect human rights with the
adoption of the 2013 Constitution and the acceptance of the recommendations from the
2011 universal periodic review. It encouraged the adoption of measures to honour the
commitment.
89. China commended the adoption of the new Constitution. It welcomed the adoption
of policies to promote development. China expressed concern over the economic sanctions
that were in place and called upon the international community to assist Zimbabwe with
development.
90. The Congo noted that Zimbabwe had consolidated its institutional framework by
codifying it in the new Constitution. It commended Zimbabwe for the ratification of
relevant international instruments.
91. Costa Rica was concerned about the prevalence of patriarchal attitudes and practices
that violate the rights of women, the existence of discrimination and the lack of access to
education and health services.
92. Cuba stated that, despite the human rights challenges that had been worsened by the
unilateral coercive measures imposed on the country, Zimbabwe had made significant
progress with, among other things, the adoption of the Constitution.
93. Czechia expressed its appreciation for the informative presentation, which included
responses to some of the questions transmitted in advance of the review.
94. The Democratic People’s Republic of Korea requested to know about the impact of
economic sanctions on the enjoyment of human rights, particularly in the field of public
health.
95. Norway welcomed the presentation by Zimbabwe of its national report. It noted with
concern the high number of arrests of human rights defenders and peaceful protesters and
the continued restrictions on freedom of expression.
96. Djibouti noted the measures taken since the previous review, particularly the
ratification of human rights treaties. It welcomed the adoption of the new Constitution.
97. Ecuador expressed the hope that the adoption and implementation of the 2013
Constitution and of updated laws, as well as the establishment of relevant national
institutions, would strengthen democracy and the human rights system.
98. Egypt acknowledged the enactment of the 2013 Constitution, which contained
safeguards for human rights. It commended the establishment of institutions and
frameworks to protect human rights.
99. Ethiopia commended the wider institutional infrastructure and the policy measures
taken to protect human rights. It welcomed the launch of the Zimbabwe Agenda for
Sustainable Socioeconomic Transformation Plan for the period 2013-2018.
100. France welcomed the measures taken since the first review, especially the adoption
of the Constitution, which enshrined fundamental freedoms, and the ratification of the
Convention on the Rights of Persons with Disabilities.
101. Germany expressed concern about the fact that many laws had not yet been aligned
with the new Constitution and that, in practice, human rights were repeatedly violated by
State officials and security forces.
102. Ghana commended Zimbabwe for establishing the Constitutional Court, the
National Prosecuting Authority of Zimbabwe, the Zimbabwe Gender Commission and the
National Peace and Reconciliation Commission through the adoption of its 2013
Constitution.
103. Guatemala recognized the efforts made by Zimbabwe to promote and protect human
rights and its establishment of the Zimbabwe Human Rights Commission. It was concerned
that the latter lacked sufficient human and financial resources.
104. The Holy See noted the Zimbabwe Agenda for Sustainable Socioeconomic
Transformation, the non-formal education policy, the Trafficking in Persons Act and the
Interministerial Task Force on Human Trafficking.
105. India urged Zimbabwe to align its laws with the 2013 Constitution, strengthen the
juvenile courts, increase the minimum age of criminal responsibility and reduce gender-
based segregation and the wage gap.
106. Indonesia welcomed the adoption of the new Constitution, which, it noted,
prohibited torture and upheld the right to personal security and migrants’ rights.
107. The Islamic Republic of Iran noted the adoption of the new Constitution in 2013, the
enactment of the 2014 Trafficking in Persons Act and the creation of the Interministerial
Task Force on Human Trafficking.
108. Iraq commended Zimbabwe for the measures taken to implement the
recommendations from the first review and the adoption of the new Constitution.
109. Ireland encouraged the alignment of legislation with the Constitution. It was
concerned by the high rate of child marriage and welcomed the Constitutional Court’s
ruling that child marriage was unconstitutional.
110. Italy welcomed the reviewed national gender policy, while noting the draft national
child rights policy and the absolute prohibition of torture.
111. Japan urged Zimbabwe to strengthen the rule of law and implement the Zimbabwe
Agenda for Sustainable Socioeconomic Transformation. It welcomed the constitutional
prohibition of child and forced marriage.
112. Kenya commended Zimbabwe for its efforts to implement the recommendations
arising from the first cycle of the universal periodic review and its commitment to the
human rights mechanisms. It encouraged Zimbabwe to pursue that approach.
113. Libya noted efforts to implement the accepted recommendations from the first
review. It also noted reforms in the judicial system, including the establishment of the
Constitutional Court.
114. Madagascar commended Zimbabwe for ratifying several international human rights
instruments and adopting its 2013 Constitution, which strengthened guarantees in respect of
civil, political, social and cultural rights.
115. Maldives commended Zimbabwe for its engagement in the universal periodic review
process and its adoption of the 2013 Constitution, which was founded on human rights and
the rule of law.
116. Mauritius welcomed the adoption by Zimbabwe of the 2013 Constitution, including
the expanded Declaration of Rights, its achievements in women’s rights and the guarantees
provided regarding the right to education.
117. Mexico invited Zimbabwe to continue cooperating with the special procedure
mandate holders of the Human Rights Council and the treaty bodies. It welcomed the fact
that the new Constitution set the age of majority at 18 years.
118. Montenegro noted the concerns regarding domestic and sexual violence and
requested to know about the activities undertaken to bring perpetrators to justice and
provide assistance to victims.
119. Morocco welcomed the adoption of the new Constitution in 2013 and noted with
satisfaction the ratification of several conventions.
120. Mozambique welcomed the key national priorities, initiatives and commitments to
improve human rights. It encouraged Zimbabwe to continue to engage with key institutions
and appealed for the lifting of sanctions on Zimbabwe.
121. Myanmar acknowledged the positive steps taken to increase respect for the rights of
citizens. It noted the promotion of health-care services and the development of
rehabilitation services.
122. Namibia encouraged Zimbabwe to ensure that the Organ for National Healing,
Reconciliation and Integration fully implemented its mandate and to also ensure the
effectiveness and independence of the National Peace and Reconciliation Commission.
123. Israel noted that many of the reports of Zimbabwe to the human rights monitoring
mechanisms were overdue.
124. The delegation of Zimbabwe, in response to questions, stated that Western-imposed
sanctions had led to a general decline in health-care service delivery, especially in maternal
and child nutrition. The sanctions had also slowed down the economy and had resulted in
brain drain, which had affected service delivery.
125. An interministerial committee on human rights and international humanitarian law
had been established to prepare State party reports. A number of reports had been drafted
and would be submitted in due course.
126. The right to free basic education would be progressively achieved as resources
become available. In the interim, parents were funding their children’s education within
their means. Where parents did not have the means to fund their children’s education, the
Government, together with development partners, provided funding under the Basic
Education Assistance Module.
127. In 2010, a women’s development fund had been established to enable women to
access funds without collateral. A women’s microfinance bank was in the process of being
set up. Also, a financial inclusion strategy had been adopted to ensure that financial
institutions developed products tailored to the needs of women.
128. A national policy on domestic water and sanitation had been launched in 2013.
Work was under way to assess the need in urban areas and to install and restore boreholes
in rural areas.
129. There were no political prisoners. As regards the death penalty, 90 inmates were on
death row and no executions had taken place for over a decade. Ten petitions for clemency
had recently been granted. A paper on the abolition of the death penalty would be prepared
for debate.
130. The Government was mindful of the imperative need for constitutional, legislative
and administrative measures that were in line with international human rights instruments
and standards.
II. Conclusions and/or recommendations
131. The recommendations formulated during the interactive dialogue and listed
below have been examined by Zimbabwe and enjoy the support of Zimbabwe:
131.1 Continue to ensure the implementation of ratified human rights
treaties (Pakistan);
** The conclusions and recommendations have not been edited.
131.2 Fully implement the 2013 Constitution and, in particular, ensure
operationalization of its key institutions, including the National Peace and
Reconciliation Commission (Republic of Korea);
131.3 Endeavour to implement fully the Constitution and operationalize
the key human rights promotion institutions that it establishes (Ghana);
131.4 Strengthen the institution to enable Zimbabwe to defend its
sovereignty and protect the human rights of its people (Syrian Arab Republic);
131.5 Accelerate implementation of the new Constitution and alignment
of relevant legislation, including for the various commissions established under
the Constitution (Australia);
131.6 Speed up the process of reviewing and aligning the laws with the
Constitution (Islamic Republic of Iran);
131.7 Harmonize all laws with the Constitution of 2013 and ensure they
are implemented in full accordance with human rights (Germany);
131.8 Accelerate the process of alignment of its national legislation with
the new Constitution and incorporate its international commitments into
domestic law (Congo);
131.9 Sustain efforts to align the domestic legal framework with
international human rights standards (Philippines);
131.10 Expedite the review and alignment of national laws with the new
Constitution (Uganda);
131.11 Pursue national efforts to align the national legislation with the
new Constitution (Egypt);
131.12 Accelerate the process of reviewing and aligning its domestic laws
with the Constitution, particularly those pertaining to the prohibition of torture
and the elimination of violence against women (Thailand);
131.13 Accelerate the process undertaken to align its legislation with the
new Constitution (Togo);
131.14 Actively pursue the work on compliance of laws and regulations
on human rights with constitutional provisions and take necessary measures to
fully guarantee the rights to freedom of expression, peaceful demonstration and
assembly (France);
131.15 Review the legislation to ensure its full compliance with the
international obligations of Zimbabwe and with the country’s Constitution with
regard to the rights to freedom of expression, association and assembly and the
elimination of discrimination against women (Czechia);
131.16 Continue the positive work on the domestication of human rights
treaties as indicated in the midterm report (Mauritius);
131.17 Continue taking measures to integrate international human rights
laws and standards (for treaties it is a party to) into the framework of its
domestic law (Maldives);
131.18 Align domestic legislation with the obligations under the
Convention on the Rights of Persons with Disabilities and adopt measures to
ensure inclusive education and access to public buildings for people with
disabilities (Israel);
131.19 Review and align the laws of Zimbabwe to the 2013 Constitution,
including in relation to section 61 on freedom of expression and freedom of the
media, and ensure their implementation (Netherlands);
131.20 Update national legislation in line with its international
commitments, especially with regard to gender equality, protection of the rights
of the child and combating violence and forced marriage (Tunisia);
131.21 Fully incorporate the Convention on the Elimination of All Forms
of Discrimination against Women into its domestic legal system (South Africa);
131.22 Amend all statutory and customary laws to establish the
minimum age of marriage at 18 years and take concrete steps to implement this
legislation, in line with the Convention on the Rights of the Child (Belgium);
131.23 Step up efforts towards the expansion of the mandate of and the
provision of adequate resource to the national human rights institution
(Philippines);
131.24 As previously recommended, provide the necessary resources and
technical capacity for Zimbabwe’s Human Rights Commission to function as
provided for in the Constitution (Australia);
131.25 Ensure adequate means, both financial and material, for the
Human Rights Commission and the National Peace and Reconciliation
Commission to enable them to fully and effectively fulfil their mandates
(Germany);
131.26 Take proper measures to ensure that the National Human Rights
Commission is fully compliant with the Paris Principles (France);
131.27 Continue efforts to ensure the effective operation and full
independence of the Human Rights Commission, in keeping with the Paris
Principles (Djibouti);
131.28 Continue efforts towards the capacity-building of the national
human rights institution (Ethiopia);
131.29 Accelerate efforts to ensure the full operationalization of the
Zimbabwe Gender Commission (South Africa);
131.30 Take all necessary measures, including to ensure the full
operationalization of the Zimbabwe Gender Commission, without delay, to
ensure that women are not subjected to violence, including sexual violence
(Sweden);
131.31 Take legislative measures to guarantee the independence of the
National Peace and Reconciliation Commission and to ensure it is provided
with the necessary powers and resources to effectively fulfil its constitutional
mandate (Switzerland);
131.32 Further enhance the role of the National Peace and Reconciliation
Commission (Tunisia);
131.33 Enhance the role of a national authority working on the
promotion and respect of human rights (Egypt);
131.34 Establish a credible, independent electoral commission capable of
registering eligible voters on a nationwide basis ahead of the 2018 elections
(United States of America);
131.35 Continue to develop policies aimed at promoting and protecting
human rights and realizing the welfare and development of the population
(Syrian Arab Republic);
131.36 Strengthen further national information campaigns on rights and
responsibilities (Togo);
131.37 Continue to mobilize resources and technical support to enhance
the capacity to fulfil its human rights obligations (Nigeria);
131.38 Continue to implement policies for the development of its people
under the Sustainable Development Goals, including measures taken for equal
opportunities for women’s participation in the economic development of the
country (Pakistan);
131.39 Guarantee continuing awareness-raising on the Sustainable
Development Goals, to make them part of the general culture (Syrian Arab
Republic);
131.40 Continue to do what needs to be done to put together a national
child rights policy (Ecuador);
131.41 Establish child protection systems in order to reduce the number
of cases of maltreatment of children (Madagascar);
131.42 Continue efforts to align training programmes for all government
officials with international human rights law and incorporate more training in
child rights into professional development courses (Holy See);
131.43 Continue its efforts in human rights training and awareness-
raising (Islamic Republic of Iran);
131.44 Continue its efforts in enhancing the capacity of law enforcement
officials in the field of the rule of law and human rights through increasing
training activities (Libya);
131.45 Allow the unimpeded ability of humanitarian agencies to deliver
humanitarian assistance, including food aid, to all parts of the country (New
Zealand);
131.46 Continue to promote dialogue with all States on the basis of
mutual respect, sovereign equality, self-determination and the right of peoples
to freely choose their own political, economic and social systems (Syrian Arab
Republic);
131.47 Continue making efforts, with the support of the international
community, to ensure that unilateral coercive measures imposed on the country
are lifted (Cuba);
131.48 Cooperate closely with civil society in the follow-up to the
universal periodic review (Norway);
131.49 Further strengthen its cooperation with human rights
mechanisms, in particular the United Nations treaty bodies (Niger);
131.50 Submit its long-overdue reports to the relevant treaty body
mechanisms (Sierra Leone);
131.51 Submit overdue reports to the human rights treaty bodies
(Ghana);
131.52 Continue efforts to strengthen gender equality (Syrian Arab
Republic);
131.53 Continue to strengthen its policies and measures for the
empowerment of women (Bangladesh);
131.54 Continue to develop policies to protect women’s rights (Syrian
Arab Republic);
131.55 Develop and implement the national gender policy in order to
ensure that the principle of equal gender representation is respected (Ecuador);
131.56 Ensure more effective enforcement of policies and legislation to
address discrimination against and marginalization of women, and take
measures to promote equal access for boys and girls to basic education
(Thailand);
131.57 Continue taking legislative action to eliminate the marginalization
of women from socioeconomic and political spheres and strengthen
mechanisms for protection against gender-based violence (Maldives);
131.58 Continue to address the marginalization and exclusion of women
in the economic, social and political spheres, with special attention paid to
eliminating the harmful practice of child marriage (Republic of Korea);
131.59 Set up a strategy to promote the rights of women to combat
discrimination against women and girls, focusing in particular on matters such
as early or forced marriage, sexual violence, equal access to education and
equal access to land ownership, inter alia (Mexico);
131.60 Act swiftly to address issues of discrimination against girls in
education, especially sexual abuse and harassment of girls in schools, as well as
difficulties faced by children in rural areas in accessing education (Japan);
131.61 Continue to adopt measures to increase the rate of issuance of
birth certificates, especially in rural areas and in low-income households
(Turkey);
131.62 Increase prompt access to birth registration and public awareness
for the same (Kenya);
131.63 Cease ungrounded arrests and detentions, as well as the excessive
use of force, torture, intimidation and harassment, interference and anti-
protest discrimination (Ukraine);
131.64 Investigate all cases of politically motivated violence, including the
circumstances surrounding the disappearance of human rights defender Itai
Dzamara, and ensure that those responsible are brought to justice (United
States of America);
131.65 Strengthen the implementation measures taken to fight child
labour (France);
131.66 Fully implement the constitutional provisions for the protection of
the rights of the child in line with international standards, also in order to
further reduce the practices of child, early and forced marriage (Italy);
131.67 Improve the protection of children, taking measures to prevent
forced and early marriage, and eliminate child labour (Israel);
131.68 Amend all statutory and customary laws as soon as possible to
establish the minimum age of marriage at 18 years, and create and implement a
comprehensive national plan of action to combat the practice of child marriage
and its root causes (Ireland);
131.69 Develop a national plan of action to stem the rise in the practice of
child marriage (Madagascar);
131.70 Adopt measures to prevent and eradicate violence against women
and girls, especially the adoption of legislation, the establishment of more
shelters and the training of judges, prosecutors and police officers (Israel);
131.71 Adopt measures to prevent and eliminate all abuses of sexual
violence against girls and women, ensuring that perpetrators are effectively
held to account, including with full coordination of the Zimbabwe Gender
Commission (Turkey);
131.72 Ensure victims of sexual and gender-based violence have access to
social and legal support, and that perpetrators of sexual and gender-based
violence are brought to justice (Canada);
131.73 Provide adequate assistance and protection to women who were
victims of violence (Timor-Leste);
131.74 Ensure strict compliance with legal provisions pertaining to the
minimum age for marriage, and also prevent and investigate cases of forced
marriage, bringing perpetrators to justice and guaranteeing assistance to
victims (Argentina);
131.75 Step up its efforts to improve detention conditions in prisons and
in police holding cells (Burundi);
131.76 Step up efforts to improve prison conditions and police cells, in
order to decongest prisons (Cuba);
131.77 Continue its efforts in combating human trafficking (Islamic
Republic of Iran);
131.78 Continue its efforts to implement the national plan on anti-
trafficking and the Zimbabwe Agenda for Sustainable Socioeconomic
Transformation 2013-2018 (Sudan);
131.79 Strengthen the interministerial committee to combat trafficking in
persons to provide effective protection to victims of trafficking, particularly
women and children (Belarus);
131.80 Provide training to judges, prosecutors, law enforcement officials,
border guards and social workers in identifying and dealing with victims of
trafficking and in anti-trafficking legislation (Israel);
131.81 Implement measures to strengthen the system of justice
administration in order to ensure equal access and due process and to fight
impunity (Chile);
131.82 Provide training for judges and prosecutors (Timor-Leste);
131.83 Train judges and prosecutors on laws related to violence against
women and train police forces on the protocols to assist women victims of
violence (Panama);
131.84 Ensure that all individuals who have been detained and charged
with an offence are given a fair and impartial trial, while ensuring the
independence of the judiciary (New Zealand);
131.85 Increase the age of criminal responsibility to match international
standards (Sierra Leone);
131.86 Expand the successful pretrial diversion programme for juvenile
offenders from the existing five provinces to 10 (South Africa);
131.87 Take further measures to improve citizens’ access to justice
(Togo);
131.88 Guarantee full enjoyment of the right of freedom of expression
and association (Ukraine);
131.89 Adopt measures that guarantee the rights of citizens to peaceful
demonstration and freedom of expression (Chile);
131.90 Guarantee the free exercise of the right to demonstrate,
recognized in section 59 of the 2013 Constitution (Spain);
131.91 Comply with its obligations with respect to the right to freedom of
expression and information (Uruguay);
131.92 Continue to strengthen the implementation of laws and policies on
freedom of expression and assembly (Botswana);
131.93 Continue to take measures to ensure freedom of the media and
press freedom (Namibia);
131.94 Take concrete steps to create and maintain a safe and enabling
environment for human rights defenders (Norway);
131.95 Review existing legislation in order to enhance the exercise of the
freedom of assembly and of the press (Italy);
131.96 Take concrete and immediate legislative measures to ensure the
free, informed and safe participation of citizens in the electoral process in
keeping with its Constitution and the Principles and Guidelines Governing
Democratic Elections of the Southern African Development Community
(Switzerland);
131.97 Ensure that violence directed against political activists, regardless
of political affiliation, and human rights defenders will not be tolerated and
that perpetrators will be held accountable in accordance with the law
(Sweden);
131.98 Continue its efforts to promote sustainable economic and social
development and to improve the living standards in the country (China);
131.99 Strengthen the implementation of the Zimbabwe Agenda for
Sustainable Socioeconomic Transformation (Angola);
131.100 Continue consolidating its social programmes and strengthening
its successful education policy (Bolivarian Republic of Venezuela);
131.101 Undertake efforts as set out in the Sustainable Development
Goals, especially those related to poverty, education, health, housing and water
and sanitation (Bangladesh);
131.102 Develop an effective national strategy to address poverty, social
security and health (Uganda);
131.103 Continue its endeavours for development and poverty alleviation
throughout the country (Islamic Republic of Iran);
131.104 Ensure the allocation of sufficient resources for the
implementation of the food security policy (Uganda);
131.105 Enhance social protection to ensure the delivery of food assistance
and address malnutrition (New Zealand);
131.106 Continue to take agricultural productivity measures to ensure
food security in the country (Ethiopia);
131.107 Implement measures to ensure that food agenda against famine
caused by drought is distributed fairly, focusing especially on vulnerable people
(Chile);
131.108 Continue to ensure, through an ongoing campaign or strategy,
access to food and to education for all children, including children with
disabilities, children who live on the street, orphans and children living in rural
areas (Mexico);
131.109 Develop a strategy or a national plan for the de-
institutionalization of children from residential care institutions to foster
families (Serbia);
131.110 Develop a comprehensive strategy for children in street situations,
using a child-rights approach and addressing both prevention and response
(Serbia);
131.111 Implement effectively the human rights to drinking water and
sanitation as embodied in the Constitution (Spain);
131.112 Take effective measures to reduce and combat malaria,
HIV/AIDS and tuberculosis (Angola);
131.113 Continue efforts in combating the HIV/AIDS epidemic in the
country (United Republic of Tanzania);
131.114 Continue efforts to combat diseases, including malaria and
HIV/AIDS, by investing in pharmaceutical research and public access to
treatment options (Maldives);
131.115 Strengthen children’s access to health services, particularly as
regards HIV/AIDS, malaria and tuberculosis (Algeria);
131.116 Develop a long-term plan to keep health personnel skilled and
establish permanent training on this matter (Panama);
131.117 Develop and operationalize a comprehensive strategy on
preventing maternal, neonatal and child mortality (Botswana);
131.118 Strengthen efforts to increase women’s access to health-care
facilities and medical assistance in order to address the prevailing high
maternal mortality rate (Ghana);
131.119 Continue to take further measures to enhance health-care
services, especially for women and children (Myanmar);
131.120 Upgrade primary and secondary health-care infrastructure and
increase budgetary allocations to the Ministry of Health and Child Care in line
with regional and international obligations (Kenya);
131.121 Strengthen its efforts for realizing full immunization in
cooperation with the relevant United Nations agencies (Democratic People’s
Republic of Korea);
131.122 Promote the right to education, inter alia, through combating the
challenges of access to schools (Armenia);
131.123 Eliminate all barriers to students’ access to education in all
provinces (Kenya);
131.124 Strengthen national mechanisms to allow children’s access to
education and health services, specifically in rural areas (Morocco);
131.125 Ensure the allocation of sufficient resources to increase the quality
of education, including for improving schools’ infrastructure (Turkey);
131.126 Continue working with its development partners to invest in the
education sector (South Sudan);
131.127 Take further steps to provide access to education for all children
(Democratic People’s Republic of Korea);
131.128 Continue to focus on the issue of education to ensure inclusive,
high-quality, accessible education for all (Belarus);
131.129 Further develop its education system, including through the
improvement of access to education for persons with disabilities and other
vulnerable groups (China);
131.130 Incorporate into the education system a human rights-based
strategy which is inclusive of children with disabilities (Panama);
131.131 Ensure a free and compulsory primary education by
implementing the Education Act (Slovenia);
131.132 Continue strengthening the programme on primary education
and ensure full school attendance by children deprived of education at the
primary and secondary levels (Iraq);
131.133 Promote the rights of persons with disabilities (Algeria);
131.134 Strengthen social inclusion measures, in particular for persons
with physical disabilities (Angola);
131.135 Continue efforts in accordance with the Zimbabwe Agenda for
Sustainable Socioeconomic Transformation for the period October 2013-
December 2018, which provides for a harnessing of the maximum benefit from
the national natural resources in order to strengthen food security, eliminate
poverty, extend social coverage and restore the infrastructure (Russian
Federation);
131.136 Support partnerships, particularly with the private sector, for the
implementation of the Zimbabwe Agenda for Sustainable Socioeconomic
Transformation (Morocco);
131.137 Accelerate activities for implementation of the Agenda for
Sustainable Socioeconomic Transformation (Islamic Republic of Iran);
131.138 Work closely with the international community in the
humanitarian response to the ongoing drought and to ensure that humanitarian
aid is distributed in a non-political, non-discriminatory manner (Norway);
131.139 Continue efforts to implement the Zimbabwe Agenda for
Sustainable Socioeconomic Transformation, in order to improve economic
development and to enhance peace and security (Holy See);
131.140 Take steps to promote economic growth with a more equitable
distribution of resources, to ensure social and economic rights for all (Norway);
131.141 Continue to strengthen efforts to fight corruption (United
Republic of Tanzania);
131.142 Continue efforts in collecting taxes (United Republic of Tanzania).
132. The following recommendations will be examined by Zimbabwe, which will
provide responses in due time, but no later than the thirty-fourth session of the
Human Rights Council.
132.1 Ratify the international human rights treaties to which the
country is not yet a party, including the Convention against Torture and its
Optional Protocol, and the International Convention for the Protection of All
Persons from Enforced Disappearance (Brazil);
132.2 Ratify other human rights conventions, particularly the
Convention against Torture and the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (Congo);
132.3 Consider ratification of the Convention against Torture
(Indonesia);
132.4 Ratify the Convention against Torture (Netherlands);
132.5 Ratify the Convention against Torture (Montenegro);
132.6 Ratify the Convention against Torture (Senegal);
132.7 Ratify the Convention against Torture (Timor-Leste);
132.8 Ratify the Convention against Torture (Costa Rica);
132.9 Ratify the Convention against Torture (Czechia);
132.10 Ratify the Convention against Torture (Djibouti);
132.11 Ratify the Convention against Torture without delay (Sweden);
132.12 Consider accession to the Convention against Torture (Namibia);
132.13 Fully respect the spirit and letter of the 2013 Constitution, and
ratify the Convention against Torture (United Kingdom of Great Britain and
Northern Ireland);
132.14 Ratify the Convention against Torture and its Optional Protocol
and incorporate it into domestic law, in line with the new Constitution (Kenya);
132.15 Sign and ratify the Convention against Torture (Italy);
132.16 Intensify efforts to ratify the Convention against Torture
(Denmark);
132.17 Speed up the process to ratify the Convention against Torture and
the Optional Protocol thereto (Chile);
132.18 Ratify the Convention against Torture and typify torture as a
crime by modifying its Criminal Code (Spain);
132.19 Ratify the Convention against Torture (Rwanda);
132.20 Ratify the Optional Protocol to the Convention against Torture
(Rwanda);
132.21 Ratify the Convention against Torture as well as its Optional
Protocol (Zambia);
132.22 As previously recommended, ratify the Convention against
Torture and its Optional Protocol, implement its standards into national law
and take immediate and concrete actions against the practice of torture by
State officials (Germany);
132.23 Ratify promptly the Convention against Torture (Guatemala);
132.24 Ratify the Optional Protocol to the Convention against Torture
(Guatemala);
132.25 Ratify the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families (Guatemala);
132.26 Ratify the Optional Protocol to the Convention on the Elimination
of All Forms of Discrimination against Women (Guatemala);
132.27 Accept, ratify or accede, as appropriate, to the Convention against
Torture (Uruguay);
132.28 Ratify or accede to, as appropriate, the Second Optional Protocol
to the International Covenant on Civil and Political Rights, aiming at the
abolition of the death penalty (Uruguay);
132.29 Accept, ratify to or accede, as appropriate, the Optional Protocol
to the International Covenant on Economic, Social and Cultural Rights
(Uruguay);
132.30 Accept, ratify to or accede, as appropriate, the International
Convention for the Protection of All Persons from Enforced Disappearance
(Uruguay);
132.31 Take all institutional measures required to accede to the
Convention against Torture (France);
132.32 Take all institutional measures required to accede to the
International Convention for the Protection of All Persons from Enforced
Disappearance (France);
132.33 Ratify the core international human rights instruments, including
the Convention against Torture, the Convention on the Rights of Persons with
Disabilities, all Optional Protocols to the Convention on the Rights of the Child,
the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially
Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, and the First Optional Protocol to the
International Covenant on Civil and Political Rights, and incorporate them into
its national legislation (Slovenia);
132.34 Ratify the Convention against Torture (Sierra Leone);
132.35 Ratify the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families (Sierra Leone);
132.36 Ratify the International Convention for the Protection of All
Persons from Enforced Disappearance (Sierra Leone);
132.37 Proceed with the early conclusion of the International Convention
for the Protection of All Persons from Enforced Disappearance (Japan);
132.38 Proceed with the early conclusion of the Convention against
Torture (Japan);
132.39 Issue standing invitations to the special procedures for their
country visits (Japan);
132.40 Ratify the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families (Ghana);
132.41 Ratify the International Convention for the Protection of All
Persons from Enforced Disappearance (Ghana);
132.42 Ratify the Convention against Torture (Ghana);
132.43 Consider ratification of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (Indonesia);
132.44 Ratify the International Covenant on Civil and Political Rights
and its protocols (Portugal);
132.45 Ratify the Convention against Torture, as well as its Optional
Protocol (Portugal);
132.46 Ratify the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights (Portugal);
132.47 Ratify the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty (Montenegro);
132.48 Ratify the Convention against Torture and the Second Optional
Protocol to the International Covenant on Civil and Political Rights (New
Zealand);
132.49 Ratify the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty (Rwanda);
132.50 Sign and ratify the two Optional Protocols to the International
Covenant on Civil and Political Rights (Turkey);
132.51 Sign and ratify the Convention against Torture (Turkey);
132.52 Sign and ratify the Optional Protocol to the Convention against
Torture (Turkey);
132.53 Ratify the International Convention for the Protection of all
Persons from Enforced Disappearance (Netherlands);
132.54 Ratify the International Convention for the Protection of All
Persons from Enforced Disappearance (Senegal);
132.55 Ratify the International Convention for the Protection of All
Persons from Enforced Disappearance (Costa Rica);
132.56 Ratify the International Convention for the Protection of All
Persons from Enforced Disappearance (Djibouti);
132.57 Consider ratifying the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families
(Philippines);
132.58 Consider ratifying the International Labour Organization
Domestic Workers Convention, 2011 (No. 189) (Philippines);
132.59 Ratify the Optional Protocol to the Convention on the Elimination
of All Forms of Discrimination against Women (Spain);
132.60 Ratify the Optional Protocol to the Convention on the Elimination
of All Forms of Discrimination against Women (Costa Rica);
132.61 Ratify the Optional Protocol to the Convention on the Elimination
of All Forms of Discrimination against Women (Djibouti);
132.62 Ensure that its legislation is in line with the new Constitution and
the rights concerning freedom of expression and freedom of media therein,
repeal the Access to Information and Protection of Privacy Act and the Public
Order and Security Act, and license independent broadcasters (Sweden);
132.63 Review and update the Public Order and Security Act and the
Private Voluntary Organizations Act to be in line with international human
rights standards (Norway);
132.64 Immediately publish a timeline ensuring that legislation, including
the Public Order and Security Act, the Access to Information and Protection of
Privacy Act and relevant electoral legislation, will be aligned with the
Constitution before the end of the eighth session of Parliament (United
Kingdom of Great Britain and Northern Ireland);
132.65 Amend all discriminatory provisions and administrative
regulations relating to family, marriage and divorce (Belgium);
132.66 Amend the draft computer crime and cybercrime bill and the
Public Order and Security Act so as to align them with the 2013 Constitution
(Australia);
132.67 Ensure that the national human rights commission is given
financial autonomy as well as independence for its mandate, immunity and
designation of its members, according to the Paris Principles (Costa Rica);
132.68 Guarantee the independence of the Human Rights Commission of
Zimbabwe as far as the following are concerned: funding, mandate, immunity
and appointment of commission members, all this in accordance with the Paris
Principles (Guatemala);
132.69 Ensure that humanitarian agencies can operate in all parts of the
country without undue restrictions (Republic of Korea);
132.70 Extend an open and standing invitation to the mandate holders of
the United Nations special procedures (Guatemala);
132.71 Extend a standing invitation to the Human Rights Council special
procedures (Portugal);
132.72 Extend a standing invitation to the special procedures (Turkey);
132.73 Issue a standing invitation to the special procedures (Congo);
132.74 Issue standing invitations to all special procedure mandate
holders (Ghana);
132.75 Consider issuing a standing invitation to the United Nations
human rights special procedures (Rwanda);
132.76 Allow, before its next review, unhindered access to the country by
all special procedures of the Human Rights Council who request a visit
(Czechia);
132.77 Cooperate with the special procedure mandate holders of the
Human Rights Council by responding positively to their requests for visits
(Sierra Leone);
132.78 Reinforce policies to ensure that all children born in Zimbabwe,
regardless of their parents’ origins, are issued with birth certificates (Holy See);
132.79 Consider amending the existing legislation to ensure that all
children born in Zimbabwe, regardless of their parents’ origin, are issued with
birth certificates and ensure the paternity rights of children born out of
wedlock (Namibia);
132.80 Scale up efforts to ensure that all children are issued with a birth
certificate (Mexico);
132.81 Provide access to free, quality health-care services for all children;
abolish corporal punishment in all settings; and strengthen child protection
systems in full compliance with international human rights obligations,
including through the implementation of national child protection programmes
by December 2018 (Slovenia);
132.82 Abolish the death penalty in domestic law for all crimes, adopt an
immediate official moratorium on executions and commute without delay all
death sentences into prison sentences (Uruguay);
132.83 Abolish the death penalty in national legislation for all crimes
(Belgium);
132.84 Establish a moratorium on the death penalty with a view to fully
abolishing it both in practice and in law, for all cases and under all
circumstances (Portugal);
132.85 Adopt a moratorium on the death penalty, as a first step towards
its complete and full abolition (France);
132.86 Establish an official moratorium on executions and ratify the
Second Optional Protocol to the International Covenant on Civil and Political
Rights with a view to abolishing the death penalty (Slovenia);
132.87 Establish a formal moratorium on the death penalty with a view
to ratifying the Second Optional Protocol to the International Covenant on
Civil and Political Rights (Australia);
132.88 Advance towards the abolition of capital punishment by decreeing
a de jure moratorium (Spain);
132.89 Immediately adopt policies to guide the equitable use of the
performance and accountability systems of the State justice institutions
(Denmark);
132.90 Repeal and amend legislation that infringes on the right to
freedom of expression in line with the international obligations and
Constitution of Zimbabwe, such as the Criminal Law (Codification and
Reform) Act and the Public Order and Security Act (New Zealand);
132.91 Repeal or significantly reform laws that may have the effect of
unduly restricting freedom of expression and the right to peaceful assembly,
which include the Public Order and Security Act, the computer crime and
cybercrime bill and police bans on protests (United States of America);
132.92 Ensure that upcoming legislation will not limit citizens’ rights to
engage in free and private exchanges of information on social media (Norway);
132.93 Make efforts to promote free and unbiased local media, including
by removing restrictions on local radio broadcasts (Norway);
132.94 Protect civil society actors, including human rights organizations,
against any harassment or persecution, including arbitrary arrest or enforced
disappearance, and improve the legal framework so that it encourages and
facilitates the operation of non-governmental organizations (Czechia);
132.95 End human rights violations and abuses against civil society, the
media and political opposition; repeal the ban on public demonstrations; and
ensure individuals are able to exercise their rights to freedom of expression,
association and peaceful assembly, free from intimidation and harassment
(Canada);
132.96 That the protections guaranteed by the Constitution be
implemented, that a safe and enabling environment for civil society be created
in law and practice and that the Government facilitate a visit by the Special
Rapporteur on the situation of human rights defenders (Ireland);
132.97 Guarantee freedom of assembly and association, including
through immediate alignment of national legislation, in particular the Public
Order and Security Act, with international standards (Denmark);
132.98 As previously recommended, amend existing rules for the security
forces, including the Public Order and Security Act, to ensure that the rights to
peaceful assembly, freedom of association and freedom of the press can be
exercised (Germany);
132.99 Promote and disseminate the United Nations declaration on
human rights defenders and adopt national legislation for its effective
implementation; investigate threats, attacks and intimidations against human
rights defenders and ensure their protection (Uruguay);
132.100 Enact specific laws and policies in order to protect human rights
defenders (Ukraine).
133. The recommendations below did not enjoy the support of Zimbabwe and have
been noted.
133.1 Consider ratifying the Rome Statute of the International Criminal
Court (Italy);
133.2 Ratify the Rome Statute of the International Criminal Court
(Timor-Leste);
133.3 Ratify the Rome Statute of the International Criminal Court
signed in 1998 (France);
133.4 Accede to and domesticate the Rome Statute and adopt provisions
to cooperate fully and promptly with the International Criminal Court
(Guatemala);
133.5 Ratify the Rome Statute of the International Criminal Court and
accede to the Agreement on Privileges and Immunities of the International
Criminal Court (Sweden);
133.6 Ratify the Convention on the Non-Applicability of Statutory
Limitations to War Crimes and Crimes against Humanity (Armenia);
133.7 Repeal the provisions in the Criminal Code which criminalize
sexual relations between consenting adults of the same sex (lesbian, gay,
bisexual, transgender and intersex persons) (Uruguay);
133.8 Rescind legal provisions that provide for the criminalization of
lesbian, gay, bisexual, transgender and intersex persons following the principle
of non-discrimination (France);
133.9 Make progress, both at the legislative level and in practice, in
ensuring the rights and fundamental freedoms of lesbian, gay, bisexual,
transgender and intersex persons (Argentina);
133.10 Decriminalize consensual sexual relations between same-sex
adults (Spain);
133.11 Repeal the crime of sodomy as described in the Criminal Code
and the Reform Act, 2006, and ensure that same-sex conduct between
consenting adults is not subject to criminal sanctions (Canada);
133.12 Issue a standing invitation to all mandate holders under the
special procedures (Madagascar);
133.13 Take measures to prevent and combat discrimination based on
sexual orientation and gender identity, including by decriminalizing sexual
relations between consenting adults of the same sex (Brazil);
133.14 Adopt measures to prevent discrimination and violence based on
sexual orientation and gender identity, both by State officials and non-State
actors, and allow the change of gender markers on government-issued
documentation (Israel);
133.15 Prohibit discrimination against persons because of their real or
imputed sexual orientation, gender identity or expression, and ensure adequate
protection for lesbian, gay, bisexual, transgender and intersex persons, sex
workers, and other marginalized groups (Canada);
133.16 Adopt urgent measures to make progress on the elimination of all
forms of discrimination, stigmatization and violence against people on the basis
of their sexual orientation and gender identity and to promote the respect of the
rights of all persons by society (Chile);
133.17 Eliminate discrimination, stigmatization and violence against
persons based on their sexual orientation and gender identity and, through
public dialogue, promote tolerance and a culture of non-discrimination
(Czechia);
133.18 Enhance efforts to promote gender equality and combat all forms
of discrimination, including those on the basis of sexual orientation and gender
identity (Italy).
134. All conclusions and/or recommendations contained in the present report reflect
the position of the submitting State(s) and/or the State under review. They should not
be construed as endorsed by the Working Group as a whole.
Annex
Composition of the delegation
The delegation of Zimbabwe was headed by His Excellency Mr. Emmerson D.
MNANGAGWA, Vice-President and Minister for Justice, Legal and Parliamentary Affairs
and composed of the following members:
• Hon. C.C. Sibanda, Minister of State in the Vice President’s Office;
• H.E. T. Mushayavanhu, Ambassador, Permanent Representative, Zimbabwe
Permanent Mission, Geneva;
• Mrs. V. Mabiza, Permanent Secretary for Justice, Legal and Parliamentary Affairs;
• Dr P. Gumbo, Permanent Secretary Women’s Affairs, Gender and Community
Development;
• Mr. C.N. Gwatidzo, Principal Director, Honourable Vice President’s Office;
• Mrs. M. Msika, Director, Policy and Legal Research, Ministry of Justice, Legal and
Parliamentary Affairs;
• Mr. F.T. Godzi, Director, Constitutional and Parliamentary Affairs;
• Mrs. A. Musiwa, Director, Ministry of Health and Child Care;
• Mrs. A. Mufukare, Director, Ministry of Primary and Secondary Education;
• Mrs. A. Manyanya, Director, Ministry of Finance;
• A.H. Machingauta, Deputy Commissioner-General, Zimbabwe Prisons And
Correctional Services;
• Ass. Com. Nzombe, Assistant Commissioner, Zimbabwe Republic Police;
• F. Chimbaru, Acting Director, Civil Division, Attorney General’s Office;
• Mr. M. Undenge, Personal Assistant to the Honourable Vice President;
• Mr. C. Chishiri, Minister Counsellor, Zimbabwe Permanent Mission, Geneva;
• Ms. N. Ndongwe, Counsellor, Zimbabwe Permanent Mission, Geneva;
• Ms J.T. Shumba, Ministry of Justice, Legal and Parliamentary Affairs (UPR
Secretariat);
• Ms. B. Shava, Ministry of Justice, Legal and Parliamentary Affairs (UPR
Secretariat);
• Ms E. Tswana, Ministry of Justice, Legal and Parliamentary Affairs (UPR
Secretariat);
• Mr. L. Kabara, Ministry of Justice, Legal and Parliamentary Affairs (UPR
Secretariat);
• M.C. Majata, Law Officer, Ministry of Public Service, Labour and Social Welfare;
• Mr. E. Chivasa, President’s Department;
• Ms. C. Bindu, Ministry of Home Affairs;
• Mr. Mawomo, Ministry of Local Government;
• Mr P. Mashaire, Law Officer, Public Service Commission.