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
Contents
Page
Introduction3
I.Summary of the proceedings of the review process3
A.Presentation by the State under review3
B.Interactive dialogue and responses by the State under review6
II.Conclusions and/or recommendations12
Annex
Composition of the delegation29
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);
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.