African Commission urges Zimbabwe to reform

The African Commission on Human and People’s Rights (ACHPR) has found the Zimbabwean government guilty of human rights violations after the Zimbabwe Human Rights NGO Forum lodged a complaint over the death of four Zimbabweans at the hands of security agents.

The Commission urged Zimbabwe to reform its laws.

The decision which obligates Zimbabwe to pay compensation “to the legal heirs and next of kin of the four deceased persons” was passed during the Commission’s 51st Session in April 2012 in Banjul, Gambia. The same decision was later on endorsed at the AU Heads of State Summit in January 2013.

The ruling was communicated to the Zimbabwe Human Rights NGO Forum in March 2013. The Zimbabwe Human Rights NGO Forum lodged the complaint in 2004 on behalf of the bereaved families.

“The decision by the Commission confirms and vindicates the concerns by the Forum and other civil society groups over the years on the excesses by state security agencies and their wanton disregard to the sacredness of human life,” the NGO Forum said.

It added: “The Forum applauds the Commission on these findings, and urges the government of Zimbabwe to honor its obligations under the African Charter and provide due and adequate compensation to the families of the deceased.”

The murdered – in separate cases – were two former University of Zimbabwe (UZ) students, Batanai Hadzisi, 21, and Lameck Chemvura,23, as well as a Motor mechanic Munyaradzi Never Chitsenga, 17, and Beavan Tatenda Kazingachire, 6.

“In all the cases, the bereaved families did not receive adequate support from the state , no bereavement compensation was paid to the deceased’s estates and no prosecutions have been made so far save for Chemvura and Batanai’s cases where the responsible officers were arrested and charged with murder.

“However, there are no updates as to the progress of the prosecution,” NGO Forum said.

Zimbabwe as a State party this year lost another case before the same Commission to an exiled human rights lawyer, Gabriel Shumba where the ACHPR ruled that he should receive compensation for torture which was perpetrated by State Security Agents in 2003.

Another case involving Jennifer Williams and Magodonga Mahlangu who claim to have been arrested over 50 times and are represented by the Zimbabwe Lawyers for Human Rights, was filed with the ACHPR this year.

Crisis in Zimbabwe Coalition Spokesperson and Bulawayo Agenda Director, Mr Thabani Nyoni said that the mounting of cases against the Government of Zimbabwe highlighted the unequivocal levels of incessant human rights abuses taking place in Zimbabwe.

“The filing of cases by Zimbabweans seeking redress at the ACHPR may be a sign that Zimbabweans have lost confidence in local remedies. But this is an albatross on the government of Zimbabwe which must be dealt with urgently, if Zimbabwe is to hold credible, peaceful, free and fair elections”, said Nyoni.

In the recent decision the ACHPR recommended that the Government of Zimbabwe “undertake law reform to bring domestic laws on compensation in cases of wrongful killings into conformity with the African Charter and other international standards, especially in respect to effective and satisfactory compensation.”