By Donald Nyarota.
MUTARE, Zimbabwe. (News of The South) – Civic society organizations have been urged to make use of opportunities presented by the UN state peer review mechanism to monitor progress of implementation of human rights recommendations in Zimbabwe.
This was said by Barbra Matsanga, National Association of Non Governmental Organizations (NANGO) eastern region chair made these remarks. She was speaking at a United Nations Human Rights Council (UNHRC) Universal Periodic Review, civil society consultation meeting, as input towards the drafting of a stakeholder report.
She said the UPR process was an opportunity for Civic Society Organizations to engage meaningfully and lobby government towards human rights compliance.
“This process is for engagement of civic society to interrogate the progress of the implementation and measures taken by Zimbabwe so far so that we can meaningfully engage government on the UPR process,” said Matsanga.
Matsanga said the CSOs have many opportunities to take part and influence the UPR process despite their limited role during the interactive dialogue of part of the process.
She said CSOs have seized the opportunity by submitting information on the human rights situation in Zimbabwe.
“We have participated by submitting reports on the human rights issues and through participating in the national consultations by the state under review, drafting a shadow report on the human rights situation in Zimbabwe, lobbying of the members of the Working Group, taking the floor at the Human Right Council during adoption of the report and monitoring implementation of UPR recommendations by the State under review,” she said.
Dzikamai Bere, a researcher with the NGO Forum, said the UPR has become the premier advocacy platform for civic society providing a key opportunity to monitor human rights violations as key actors in the process.
“The UPR process is unique in that it recognizes NGOs and CSOs an opportunity to make meaningful contribution to the process of compliance of human rights recommendation given to the member states.
Blessing Nyamaropa with the Zimbabwe Lawyers for Human Rights said the UPR process is not only about criticizing government but to applaud efforts made by government in terms of measures to ensure compliance.
“Civil society assists in drafting of stakeholder report and make advocacy toward giving empirical evidence of human rights issues on the ground to assist sates which may not have access to information on the ground. It’s important that we play our role and assist in the implementation of the recommendations, it’s not always about criticizing government but giving due credit to issues they have managed to do well,” he said. >
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A unique process of the UN Human Rights Council based on three principles which embrace equal treatment of all countries, equal opportunities for all states and sharing the best practices globally. Member states make recommendations based on the country report, stakeholder report and UN organizations report, which are reviewed every four years.
Of the 177 recommendations that came out of the UPR process, Zimbabwe accepted 130 and rejected 47 recommendations.
Nyamaropa said they were engaging government on the outstanding issues.
“Of the rejected recommendations when we meet with government we always to put these issues to the table to ask if government can take it as a true reality and accept them as issues which are human rights issues,” he said.
Bere also said although some recommendations have been rejected government has since made strides to realize the protection of human rights, citing the issue of the National Peace and Reconciliation Commission set up to look into past violence and human rights violations.
“We do not say because they have been rejected we ignore them we carry them forward in our work as civic society, in the mid-term, report some of the issues rejected we are carrying them forward.
“So in some cases while government has rejected some recommendations commissions have been set aside to look at the rejected recommendations, like the NPRC which looks at past injustices,” he said.
“The onus is on civil society to look at those issues if they are still fundamental human rights issue we should put them forward government may put a brave face but when they come to the ground they put measures to address them,” said Nyamaropa.
Eric Manyonda said civic society should desist from being alarmists and present factual information based on what is transpiring on the ground.
He urged CSOs not to craft reports which reflect their donors’ ambitions but what is actually happening on the ground in-order to foster collaboration with government.
“Civil society has been alarmists and serving the interests of those that are partnering us as donor and sometimes we fall into temptations to streamline our reports with our proposals to authenticate our work. Sometimes we are fighting the government when we need to collaborate with government of some issues, we need to consider facts on the ground when writing our reports,” he said.
James Mastito a research officer with Carltin Consultancy and Research said civic society must critically look at issues whether they are policy related on the implementation of such policies which is tantamount to human rights abuses.
“It should looked at in a critical eye that when talk about some of these issues because some of the laws are good in their intentions but their implementation may also be colored by the political dispensation,” he said.
Some of the UPR recommendations accepted relate to ending politically motivated violence, ratification of international human rights treaties such as the Convention against Torture and other cruel, inhuman or degrading treatment or punishment together with its optional protocol, criminalization of torture.
It was also recommended that Zimbabwe adopts electoral and legislative reforms to ensure that there is a conducive environment for the holding of free and fair elections, cooperation with UN special procedures and mechanisms, operationalization of the ZHRC, abolishment of the death penalty and aligning national legislation with international human rights standards.
The rejected recommendations included recommendations to either repeal or sustainably amend all repressive legislation such as the POSA, AIPPA, Broadcasting Act, Section 121 of the Criminal Code, ensure depoliticisation of the police and the army, Implement legal reforms to ensure and independent prosecuting authority promoting effectiveness, impartiality and fairness of prosecutors in criminal proceedings and investigate 2008 politically motivated violations.
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