* The information submitted by Zimbabwe in accordance with the consolidated guidelines concerning the initial part of reports of States parties is contained in the core document (HRI/CORE/1/Add.55).
Introduction : 1
INFORMATION RELATING TO ARTICLES 2 TO 7 : 2 - 63
Article 2 : 2 - 32
Article 3 : 33 - 39
Article 4 : 40
Article 5 : 41 - 59
Article 6 : 60 - 62
Article 7 : 63
1. This report is the initial report submitted by the Government of Zimbabwe following its accession to the Convention on the Elimination of all Forms of Racial Discrimination on 13 May 1991. Where possible, the report contains citations of the relevant laws dealing with racial discrimination.
2. It is the policy of the Government of Zimbabwe to prohibit all acts or practices of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions conform with the provisions of the Convention on the Elimination of all Forms of Racial Discrimination. In an effort to end racial discrimination, the following policy and administrative measures have been put in place.
Education
3. Since independence, the Government has taken several policy initiatives with a view to creating an educational climate which would allow all races in Zimbabwe to realize their full potential. One of the major initiatives was to abolish racial segregation in education and to provide all persons, regardless of race, with the intellectual means for personal development, social progress and dignity. The Government is determined to use education as an instrument for the elimination of all forms of racial discrimination and to promote equality and instil respect for human dignity and thus achieve racial harmony and social integration. The inherited dual system of education, that is, one for the Africans and the other for non-Africans has been abolished. In its place a unitary system of education was introduced which offers a unitary curriculum and does not discriminate on the basis of race, colour, social status, sex or religion. The State has rejected the previously practised system of education as it would perpetuate the inherited racial discrimination in schools. To this end the Government requires that in every school which was formally exclusively for whites 60 per cent of the pupils should be African. This step was taken in order to normalize a situation in which there was racial imbalance in schools and the African child was disadvantaged.
Health institutions
4. In this area also, the Government inherited a dual system. Africans received inferior medical services in separate health institutions from other racial groups. Every person, regardless of race is now free to seek medical assistance at any health institution. Professional associations were also formed separately on the basis of race. The Health Professions Association is now a unified body covering all medical professionals belonging to various racial groups.
Sports and Recreation Commission
5. Prior to independence there were several sporting disciplines which were preserved for privileged racial groups and were not accessible to Africans. These included sports such as cricket, rugby, hockey and golf. In order to correct these imbalances the Government in 1991 set up the sports and Recreation Commission. The objectives of this Commission are to ensure that opportunities for sport and recreation are made available to all persons throughout the country. The Commission endeavours to fight all forms of social, political, religious and racial discrimination in sport and recreation. Social clubs which discriminated on the ground of race had to change their constitutions in order to eradicate racial discrimination. Any social club or association found to be practising racial discrimination can be suspended from functioning or have other disciplinary measures imposed by the Sport and Recreation Commission.
6. Although progress has been made in reducing the problem of racial discrimination in sport, it should be accepted that cases of racial attitudes still exist in sport and some social clubs. There are some sports clubs which charge exorbitant joining fees and subscription fees which effectively bar Africans as they are the group which has been economically disadvantaged over the years. This barrier may exclude persons who are talented in a particular sport.
Social Welfare Department
7. The Department of Social Welfare of the Ministry of Public Service, Labour and Social Welfare provides assistance to all persons who are destitute, regardless of race, colour or creed. Assistance is provided to the vulnerable groups in meeting their needs in health care, education, accommodation and food. No person may be discriminated against or denied assistance on the basis of race, tribe, colour, sex or creed.
8. The Department faces difficulties due to shortage of welfare officers and social welfare institutions where destitute persons are. The Government is making efforts to ensure that the situation is addressed as soon as practicably possible.
Major legislation for eliminating racial discrimination
1. The Constitution
9. The Constitution of Zimbabwe, which is the supreme law of the land, protects all persons from being discriminated against on racial grounds. Section 23 of the Constitution states in part as follows:
In the terms of section 24 of the Constitution, any person whose rights have been violated on racial grounds may apply to the Supreme Court for redress.
2. Variation of Racial Trusts Act No. 13 of 1991
10. This Act provides for variation of trusts which confer benefits in a discriminatory manner. The Act, under section 2 (1), provides that:
This Act entitles a trustee of a trust to apply to the High Court for a variation of the trust where it provides for conferring benefits in a manner which discriminates between persons on account of race.
Public Premises (Prevention of Racial Discrimination) Act No. 2 of 1979
11. This Act prevents racial discrimination in respect of public premises. This is to enable persons of all races to enjoy the right of admission to all public premises, which previously might have been reserved for whites. In section 3, the Act provides as follows:
The same Act gives the right to an aggrieved person to recover damages. An act of racial discrimination may lead to the suspension or cancellation of a licence in respect of public premises of the proprietor of such premises.
3. Immovable Property (Prevention of Discrimination) Act No. 19
of 1982
12. Discrimination in respect of the disposal of immovable property on the grounds of race, tribe, place of origin, political opinions, colour, creed or sex is prohibited. The prohibition extends to discrimination in the granting of finance for the purpose of acquiring, maintaining or repairing immovable property.
Measures to review, amend or repeal legislation which has the effect of perpetuating racial discrimination
13. On attaining independence, Zimbabwe undertook, through the Ministry of Justice, Legal and Parliamentary Affairs, an exercise of reviewing all national policies and legislation. All policies and legislation which were found to be discriminatory were amended or repealed. This exercise was necessary because the minority racist regime that had been in power immediately prior to independence had allowed racial discrimination. A dual legal system existed whereby the Africans were governed by African Customary Law while the other racial groups were governed by the General Law, which is statute law and Roman-Dutch-Law (Common Law).
14. The following are some of the Acts of Parliament which have been repealed:
(a) African Affairs Act [Chapter 228];
(b) African Beer Act, 1974 (No. 39 of 1974);
(c) African Cattle Marketing Act [Chapter 230];
(d) African Labour Supply Commission [Chapter 236];
(e) African Status Determination Act [Chapter 239];
(f) African Wills Act [Chapter 240];
(g) Land Tenure Act.
The above-mentioned Acts together with their regulations were repealed as a measure to abolish racial discrimination.
15. To abolish the discrimination of the past in the provision of education, a unitary education system was put in place. This unitary system does not discriminate on the basis of race, colour, social status, sex or religion. The Education Act of 1987 permits the establishment and operation of schools by any person as long as no racial policies and racial discrimination is practised in admission policies and treatment on enrolment. The Act requires institutions of learning to conform with principles of non-discrimination. To ensure that racial discrimination is not practised overtly in these institutions, conditions for their registration require that at least 60 per cent of the pupils should be Africans. In this way the State hopes to create institutions that are conducive to racial harmony and social integration.
16. Zimbabwe has adopted the World Declaration on Education for All. The Government has set up mechanisms to ensure the achievement of the goals of equal access to quality basic education regardless of race. Pre-school education, which up to 1980 was available only to non-African children, has since been extended to all children, regardless of race.
17. The zoning system of schools in Zimbabwe serves to ensure that no child is denied access to a school that serves children in his neighbourhood on grounds of race or other consideration as had been the practice before independence. The system also ensures that children from the overcrowded former African townships are admitted to former all-white schools where there was excess and under-utilized capacity, and that the stipulated 60/40 racial composition in these schools is achieved.
Difficulties and constraints in implementation
18. It has not been easy for the State to enforce some of its regulations requiring racial integration. Certain classes of people with economic power have established schools which charge high fees that eliminate children of the poor, the majority of whom are African. The required 60/40 racial composition in these schools has not been achieved due to the deliberate exclusion on financial grounds. The majority of non-African children attend these expensive private schools. The former all-white government schools are now nearly all-black schools.
19. It can be concluded that there is no longer racial discrimination in the education system of Zimbabwe. However, because of the differentials in resources among schools, elitism in education has emerged, that is to say, the children of those of sound financial standing have access to expensive and better schools. Race is no longer as pervasive in education as it was before independence as is class.
Employment
20. The Labour Relations Act (No. 16 of 1985) prohibits discrimination against an employee by an employer on the grounds of race, tribe, place of origin, political opinion, colour, creed or sex. The Act declares and defines the fundamental rights of employees and prohibits unfair labour practices. Under the Act a person who alleges that he has been discriminated against on racial grounds may apply to a competent court for redress. An aggrieved person is also entitled under the Act to claim for damages or apply for a court order for reinstatement for dismissal on racial grounds.
21. In an effort to comply with international labour norms, Zimbabwe has become a party to the following ILO Conventions:
(a) Weekly Rest (Industry) Convention, 1921;
(b) Equality of Treatment (Accident Compensation) Convention, 1925;
(c) Underground Work (Women) Convention, 1935;
(d) Labour Inspection Convention, 1947;
(e) Minimum Wage Fixing Machinery (Agriculture) Convention, 1951;
(f) Equal Remuneration Convention, 1951;
(g) Labour Inspection (Agriculture) Convention, 1969;
(h) Tripartite Consultation (International Labour Standards) Convention, 1976.
22. Although legislation adequately protects employees from racial discrimination, in practice no cases have been brought to court for determination. The reason could be that the nature of the offence is difficult to prove. The Labour Relations Department receives complaints of cases with a racial connotation, but when examined the cases prove not to be of racial discrimination. Complaints of cases of victimization of employees by employers are brought to the Labour Relations Department and are sometimes mistaken for racial discrimination. Victimization takes place even where both the employer and employee are of the same race. There are, therefore, no concrete cases of racial discrimination which have been determined by the Labour Relations Tribunal or the courts, nor are there any statistics on the number of complaints which have been received.
Measures taken to encourage integrationist multiracial organizations and to eliminate barriers between races
23. The Government of Zimbabwe is composed of people of diverse races. The society at large is multiracial and the State encourages full participation in the development of the country by all racial groups. The Zimbabwe National Chamber of Commerce, professional associations, the public service and the private economic sector are all manned by people of various races.
24. There is no organization which has been established which is responsible for the integration of the various racial groups and the elimination of barriers between races.
25. The inequitable distribution of land during the period of colonial rule has given rise to problems which will take a long time to solve. Zimbabwe has a total land area of over 39 million hectares, of which 33.3 million hectares are used for agricultural purposes. The remaining 6 million hectares are reserved for national parks, wildlife and for urban settlement. The Government's National Land Policy relates to the 33.3 million hectares of agricultural land. The issue of land redistribution in Zimbabwe is very sensitive and it has been difficult to come up with a policy that is acceptable to all sectors who have direct interest in land. The Government has therefore developed a pragmatic policy that reconciles the divergent political and economic interests encompassed by this complex subject. There is increasing population pressure in the communal areas (formerly Tribal Trust Lands) which needs urgent resolution. The Government is in the process of resettling this section of the population on better and arable land.
26. To give an insight into this matter it is important to show the land distribution before independence. Land was divided as follows:
(a) 15.5 million hectares (about half of the total agricultural land) were allocated to 6,000 large-scale commercial farms owned by whites;
(b) 16.4 million hectares were allocated to 700,000 communal area families (black population in rural areas);
(c) 1.4 million hectares were allocated to 8,500 small-scale commercial farmers.
This uneven pattern of land distribution between the large-scale commercial sector and the communal areas also extended to the suitability of the land for agricultural purposes. For instance, of the total communal land area, over three quarters is located in the low rainfall regions of the country, where the potential of the land for agricultural production is severely limited. On the other hand, over half the total land allocated to the large-scale commercial sector is located in the high rainfall regions where the land is much more suitable for agricultural production.
Current land distribution pattern
27. To redress this inherited imbalance in land distribution, the Government, in 1980, embarked on the resettlement programme. This programme involved the movement of black families living in communal areas to large-scale commercial farms purchased by the Government for that purpose. Of the 162,000 families who needed to be resettled, the Government has so far resettled 60,000 families on 3.4 million hectares. As a result of the implementation of the land redistribution programme, the land distribution pattern is now as follows:
(a) 10.9 million hectares for 4,000 large-scale commercial farmers;
(b) 16.4 million hectares for one million communal area families;
(c) 1.4 hectares for 10,000 small-scale commercial farmers;
(d) 3.4 million hectares for 60,000 resettled families;
(e) 0.5 million hectares for state farming.
28. The major objective of the National Land Policy is to reduce the imbalances in land distribution which are a consequence of colonial discriminatory policies. The National Land Policy is also designed to ensure effective utilization of all agricultural land in Zimbabwe.
Promotion of emergent indigenous black large-scale commercial farmers
29. The Government has decided to promote emergent black large-scale commercial farmers in order to ensure continuity in production, as well as to facilitate the establishment of a more balanced racial composition of the large-scale commercial sector. The Government will identify indigenous blacks to run large-scale commercial farms and will design appropriate financial and training programmes to assist these farmers.
30. Government is committed to removing the racial imbalance in the large-scale commercial farming sector. In June 1994 the Land Settlement Committee was set up. One of the tasks of this Committee is to select settlers in as transparent a manner as possible. The Committee is made up of agricultural experts.
Land Acquisition Act, No. 3 of 1992
31. In order to implement the National Land Policy on the distribution of land, the Land Acquisition Act of 1985 was repealed and replaced by the 1992 Act. The 1992 Act empowers the President and other authorities to acquire land for resettlement of the African rural population.
Dissemination of information
32. Before independence, the media was used to propagate and serve white supremacy ideals and to consolidate colonial authority, power and privilege. It was imperative at independence for the new Government to ensure that the media reflected the new order. The Ministry of Information embarked on a programme to restructure, reorganize and reorientate the mass media so that they could serve and promote the interests of the people of Zimbabwe as a whole. This was in line with the Government's policy of reconciliation and the desire to establish a society free from all forms of inequality and all forms of discrimination.
33. Zimbabwe condemns racial segregation and has taken measures to eliminate racial discrimination in all its forms and manifestations. The State has also taken measures to combat racist doctrines and practices in order to promote understanding between races and to build a community free from all forms of racial discrimination and racial segregation.
34. There is no specific legislation in place which prohibits racial segregation in Zimbabwe. However, several pieces of legislation prohibit racial discrimination in economic, social and cultural life. The legislation referred to has been mentioned under article 2 above.
35. Because of the history of racial segregation in Zimbabwe before independence, the Democratic Government of Zimbabwe has committed itself to the total eradication of any practices of racial segregation in the country. Zimbabwe denounced racial discrimination internally and externally by joining international and regional organizations which supported the liberation struggle against racism and apartheid. Thus, after independence, Zimbabwe became a member of various United Nations treaty bodies, the Organization of African Unity, the Non-Aligned Movement, the Commonwealth and other organizations which supported the cause of self-determination of the African peoples and the eradication of apartheid in South Africa.
36. In order to show its total commitment and condemnation of racial discrimination and apartheid, the Government of Zimbabwe has become a party to the International Convention on the Suppression and Punishment of the Crime of Apartheid and the International Convention against Apartheid in Sports.
37. Prior to South Africa's first multi-party elections, held between 26 and 28 April 1994, Zimbabwe did not have political and diplomatic contacts with the apartheid Government. This was because Zimbabwe condemned the policy of racial segregation and apartheid. Zimbabwe had received tremendous diplomatic and material support and solidarity during its struggle against minority colonial rule. Upon independence, Zimbabwe maintained close contacts with and supported South African nationalist movements. Zimbabwe also looked after refugees from the nationalist movements of South Africa, with the assistance of the United Nations High Commission on Refugees.
38. Through the Organization of African Unity Liberation Committee, Zimbabwe worked closely with the South African nationalist movements. The Liberation Committee, which represented Africa's focal point for mobilizing international forums, expressed total support for the arduous constitutional reform process and negotiations which started in earnest in the 1990s. That process eventually brought about a democratic and non-racial society in South Africa.
39. Following the multi-party elections in South Africa and the assumption of power by the new Government, Zimbabwe immediately established diplomatic relations with South Africa on 29 April 1994. This was in recognition of the legitimacy of the new Government.
40. The Law and Order Maintenance Act (chap. 65) makes it an offence for any person to make a subversive statement. A subversive statement is defined as any statement which is likely to engender or promote feelings of hostility to or expose to contempt, ridicule or disesteem any group, section or class in or of the community of a particular race, religion or colour. In the terms of this Act, any person who is found guilty of making such a subversive statement is sentenced to imprisonment without an option of a fine.
The right to the protection of the law
41. The Constitution of Zimbabwe affords every person the right to the protection of the law. Section 18, subsection (3) provides that every person who is charged with a criminal offence, shall:
The right to security of a person and protection by the State
42. Section 18 of the Constitution provides every person the right to security and the protection of the law. This right is enjoyed by all races without any discrimination.
43. The Police Force is charged with the responsibility of preserving internal security and maintaining law and order throughout Zimbabwe. A person whose security is threatened can report to any police officer, who is required to investigate the matter and provide protection to that person. Any person who has been subjected to violence or bodily harm or threats is entitled to make a report to the nearest police officer, who will ensure that the perpetrator is brought to court for trial. Any officer who is found to have committed acts of violence or assaults is prosecuted just like any other person.
44. Any person who has a complaint against a government or state official may seek the intervention of the Ombudsman. The Ombudsman investigates and makes appropriate recommendations depending on the nature of each case.
The right to participate in elections and to take part in government
45. This right is covered by the Constitution. Under Schedule 3 of the Constitution any person who has attained the age of 18 years and who is a citizen of Zimbabwe, or a permanent resident, qualifies for registration as a voter. Such a person has the right to vote and to be voted for. There are, however, grounds for disqualification set out in the Constitution. These include a person with a mental disorder, or who is insolvent or has a criminal record.
46. The right is also covered by the Electoral Act, 1990 (No. 7 of 1990). In the terms of this Act, any person who is registered on the voters' roll as a voter for a particular constituency is entitled to vote for a person of his choice and to be voted for as a member of Parliament or in a presidential election. The Act does not discriminate on grounds of race.
47. The right to participate in elections is enjoyed by all persons regardless of race, colour, sex or religion.
48. Any person who qualifies in terms of the Public Service Act may be appointed to any post or grade in government. No person may be discriminated against on the ground of race as the Constitution prohibits it.
The right to movement and residence within the border of the State
49. This right is adequately provided for by section 22 of the Constitution. This section states in part:
The right to nationality
50. The Constitution of Zimbabwe stipulates in section 4 that:
Both the Constitution and the Citizenship of Zimbabwe Act, No. 23 of 1984 specify the circumstances that will make a person eligible for citizenship. The legislation protects the right to nationality of all persons, irrespective of race or colour. The Births and Deaths Registration Act, 1986 also provides for the right to nationality and identity.
51. Zimbabwe is also a party to the Convention Relating to the Status of Stateless Persons.
The right to marriage and choice of spouse
52. The Marriage Act (chap. 37) and the African Marriages Act (chap. 238) regulate the institution of marriage. Section 27 of the Marriage Act requires parties to a marriage to freely consent to be married. Section 10 of the General Laws Amendment No. 22 of 1992 stipulates that an agreement in which a person pledges or promises a girl in marriage to a man shall be of no effect. Every person has the right to freely enter into a marriage and to choose a spouse of his or her choice. The right is enjoyed without any discrimination as to race or colour.
The right to own property alone as well as in association with others
53. Any person who has attained the age of 18 can enter into any contract, including the contract of purchase and sale. There is no legislation that bars any person from acquiring and owning property either alone or in association with others.
54. The Constitution prohibits compulsory acquisition of any property except under specified circumstances. Section 16 of the Constitution provides protection from deprivation of property.
The right to inherit
55. In Zimbabwe there is no racial discrimination which affects the right to the enjoyment of inheritance. The only problem experienced arises out of the dual legal system which exists in the country. This provides that Africans who die intestate inherit according to customary law while Europeans inherit according to general law. This situation has been found by the Government of Zimbabwe to be unsatisfactory and therefore legislation to redress this situation is currently under review.
The right to freedom of thought, conscience and religion
56. The Constitution, in section 19, provides protection of freedom of conscience. No person, regardless of race, colour, creed or sex is hindered in the enjoyment of freedom of thought and of religion, whether alone or in community with others and whether in public or in private, and of manifesting and propagating his religion or belief through worship, teaching, practice and observance, except with his own consent or by way of parental discipline. Persons lawfully in Zimbabwe are entitled to give religious instruction to persons of a particular religious community.
The right to freedom of opinion and expression
57. This right is adequately covered under section 20 of the Constitution. Section 20 (1) provides as follows:
The right to freedom of peaceful assembly and association
58. The right to freedom of peaceful assembly and association is provided for in section 21 of the Constitution. This right includes the right not to be compelled to belong to an association. Section 21 (1) provides that:
59. A person whose rights have been violated may apply to the Supreme Court for redress. The Supreme Court may make orders or issue writs or issue directions for the purpose of enforcing or securing the enforcement of the human rights of every individual regardless of race. However, there have been no cases which have been taken to the Supreme Court.
Legislative remedies
60. There is no single piece of legislation which provides protection and remedies against racial discrimination in Zimbabwe. There are, however, various pieces of relevant legislation and these have already been dealt with under article 2 above.
Judicial remedies
61. Under the terms of section 24 (1) of the Constitution, an application to the Supreme Court may be made by a person who feels that his fundamental rights have been violated in any way. However, there has been no application to the Supreme Court by any person seeking redress under the terms of section 23 of the Constitution.
Administrative remedies
62. In Zimbabwe there is no specific administrative body which deals with racial discrimination. There is, however, a body, the Ombudsman's Office, which deals with complaints by members of the public. It is a statutory body whose main function is to investigate any action taken by an officer or authority in the exercise of administrative functions in a case where it is alleged that a person has suffered injustice as a consequence of that action. The Ombudsman's Office has not dealt with any cases of racial discrimination since its inception in 1982. However, the Government of Zimbabwe is presently considering extending the functions of the Ombudsman to include human rights issues.
63. Article 7 of the Convention requires States Parties to undertake and adopt measures in the fields of education, culture and information to combat prejudices which lead to racial discrimination. At present the educational system does not include any curriculum on racial discrimination at any level to combat prejudices which lead to racial discrimination. There is also no information being disseminated to promote understanding, tolerance and friendship within the racial and ethnic groups in the country. Zimbabwe has, however, entered into various cultural exchange agreements with other countries. Through the exchange of information, musicians, theatre groups and other similar associations it is hoped that an inter-racial international community can be formed. Within Zimbabwe some effort has been made to have racial integration through music, drama and theatre groups.