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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Zimbabwe - 12th Session - 2011 Scroll to: National Report 3. Legislation has been enacted to give effect to Human Rights Principles. These include: • The Administration of Estates Act [Chapter 6:01] which provides for the protection of the inheritance rights of men, women and children. • The Children’s Act [Chapter 5:06] which provides for protection, adoption andcustody of all children. 15. Subordinate courts include Magistrates Courts, under which Juvenile and the Small Claims Courts fall and Traditional or local courts which Chiefs and Headmen preside over. Appeals from Local Courts lie with Magistrates Courts, whilst appeals from Headmen’s Courts pass through the Chiefs Courts. Magistrates sitting at criminal courts are empowered by law to order the State to investigate allegations raised by accused persons on human rights violations by the police and any other state agents . 20. Zimbabwe is party to several human rights instruments which include; the International Covenant on Civil and Political Rights (ICCPR); the International Covenant on Economic, Social and Cultural Rights (IESCR); the Convention on the Elimination of all Forms of Racial Discrimination (CERD); the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC). 21. Zimbabwe ratified most of the human rights instruments at the regional and sub- regional levels. These include; the African Charter on Human and Peoples’ Rights, the African Charter on the Rights and the Welfare of the Child and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, the African Youth Charter, SADC Protocol on Gender and Development and SADC Principles and Guidelines Governing Democratic Elections. 22. Zimbabwe submitted most of its initial reports to the relevant treaty bodies. The periodic reports under the CEDAW are up to date while the reports under the CRC, IESCR and the ICCPR are near completion and will be submitted in the course of 2011 or early 2012. The reports on the African Charter on Human and People’s Rights and the African Charter on the Rights and Welfare of the Child are being prepared. 27. Children’s Rights cut across a number of sectors such as health, education, social services, as well as the justice delivery system. Government has put in place different Child Rights mechanisms. One such mechanism is the National Programme of Action for Children (NPAC) which encompasses Child Survival, Development, Protection and Security. 28. Child survival and development mechanisms include, among others, Baby Friendly Initiative and Child Friendly Clinics for provision of comprehensive health care in child friendly environments. Child Friendly Schools have been established with emphasis on the principle of Best Interest of the Child. Child protection and security mechanisms include Victim Friendly Units, Victim Friendly Courts and the National Action Plan for Orphans and Vulnerable Children. 39. HIV and AIDS Policy, Draft National Policy on Domestic Water Supply and Sanitation, Draft Infant and Young Child Policy, Cholera Outbreak Policy, National Reproductive Policy, Mental Health Policy, Maternal and Neonatal Roadmap and Zimbabwe National Drug Policy which promote access to health services. 41. The National Youth Policy facilitates the participation of young people in the mainstream development process of the country. 49. Zimbabwe administers corporal punishment to juvenile male offenders. However, a medical officer should certify that the juvenile is medically fit to receive corporal punishment. In schools, such punishment is only administered to deviant male learners by the school head or a designated official in the presence of such head and a record is kept. In addition, the Criminal Law (Codification and Reform) Act [Chapter 9:23] criminalises activities that infringe on a person’s liberty and dignity. 58. The Children’s Act provides for the special care, protection and security of children in need. In addition, mechanisms such as the National Programme of Action for Children (NPAC) facilitate and coordinate the implementation, monitoring and evaluation of the CRC and the ACRWC to ensure survival, development and protection. 63. Government put in place strategies to ensure that the fundamental right to health is upheld. Among these, the National Health Strategy addresses issues on equity and quality of health across all ages and the location of most health facilities within 5km-8km radius is in accordance with the Primary Health Care Principles. It also provides for free health services at public institutions to persons below 5 and above 65 years through the Assisted Medical Treatment Orders (AMTOS) from social services. The country has a National HIV and AIDS Strategic Framework which includes Prevention of Mother to Child Transmission, National Antiretroviral Therapy Rollout Plan and Male Circumcision. Furthermore, bilateral schemes for doctors and other health professionals with other countries are in place to alleviate the shortage of health personnel. 64. The education sector is the largest recipient of Government budgetary allocation. Government put in place measures to enhance the right to education through compulsory primary education, Early Childhood Development, schools fees assistance, establishment of schools within 5km-8km radius and satellite schools in rural areas. Special facilities for children with special needs are in place. 65. Government established nine universities and several tertiary institutions and provides scholarships for disadvantaged students to access university education. 79. In 2010 Government embarked on a consultative constitutional review process which has seen the participation of people across the social and political divide comprising 39.44% females, 37% males, 22.64% youths and 0.72% people with special needs. 86. In 2009 Government set up the Pre-Trial Diversion programme which is aimed at the removal of juvenile offenders from the formal criminal justice system for their rehabilitation. 91. Establishment of special empowerment funds such as Women’s Development Fund, Youth Empowerment Fund, National Indigenisation and Economic Empowerment Fund, Mining Fund serve as a mechanism of addressing unemployment and poverty. 92. The estimated prevalence rate of HIV and AIDS among the 15 - 49 year old age group decreased from 20.1%(2005) to 13.7% (2009), the number of public health facilities offering Prevention of Mother to Child Transmission increased from 1,422 (2006) to 1,560 (2009) and the number of sites offering Paediatric Anti-retroviral Therapy increased from 23 (2006) to 112 (2009). 94. Measles immunisation coverage increased from 55.9% (2005–2006) to 76.8% in 2009(MIMS 2009). The achievement is attributed to National Immunisation and Child Health Days in addition to routine immunisation and establishment of the National Millennium Development Goals Taskforce. 98. Following the implementation of the Early Childhood Development (ECD) policy in 2005, 96% of all primary schools have established ECD classes resulting in an increased number of grade one children with ECD background. 100. Progress has been made in the unconditional acceptance of students with psychological and special needs as demonstrated by the admission of 45 % of children with special needs in schools. 1. In its submission, the United Nations Country Team (UNCT) recommended that Zimbabwe ratify relevant international instruments and optional protocols, including: the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the Convention on the Rights of Persons with Disabilities; the Convention on the Rights of the Child and its Optional Protocols on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict; the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, and the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. UNCT also recommended that Zimbabwe accede to the 1961 Convention on the Reduction of Statelessness, withdraw reservations to the 1951 Convention relating to the Status of Refugees, and improve compliance with ILO Conventions Nos. 87 and 98 in law and practice.9 Zimbabwe signed the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa in October 2009. 3. UNCT noted that the Government criminalizes human trafficking and smuggling by using different pieces of legislation within the Criminal Law (Codification and Reform) Act of July 2006.13 UNCT recommended that Zimbabwe ensure that the bill of rights in the new Constitution under development protected all generations of rights, including the rights of women, children, persons with disabilities, internally displaced persons (IDPs), asylum seekers, refugees and migrants. UNCT also recommended that Zimbabwe update national legislation to comply with international obligations and standards, including criminal laws on HIV-related issues, the 1983 Refugees Act and associated legislation, the Immigration Act and applicable regulations, security and media legislation. 4. UNCT recommended domesticating all key human rights instruments by incorporating them into national legislation. A similar recommendation was made by the Committee on the Elimination of Discrimination against Women (CEDAW), the Human Rights Committee (HR Committee), the Committee on Economic, Social and Cultural Rights, and the Committee on the Rights of the Child (CRC). 11. UNCT noted that reporting by Zimbabwe to treaty bodies has been lagging behind since 2000, with many reports overdue. Certain improvements were observed recently: the second CEDAW State party report combining the second to fifth reporting periods was submitted in 2009. The periodic report on the CRC has been compiled and is awaiting Cabinet approval. UNCT recommended that Zimbabwe submit periodic reports to United Nations Treaty Bodies in a timely manner. 15. UNCT noted that a number of laws have been passed to promote women’s rights; however, the implementation of laws can be affected by the primacy of customary law as per section 23 of the Constitution.35 HR Committee was concerned about the duality of the legal statutory law and customary law, which potentially leads to unequal treatment between individuals, particularly in the area of marriage and inheritance laws. It expressed concern that where customary law contravenes the International Covenant on Civil and Political Rights (International Covenant on Civil and Political Rights) or the statutory law, the customary law continues to be upheld and applied. UNCT recommended that Zimbabwe enforce national policies and legislation to prevent and address the marginalization and exclusion of women, children and other vulnerable groups from the economic, social and political spheres of society. 16. HR Committee was concerned about the subordinate status of women in Zimbabwean society and recommended that practices such as female genital mutilation, early marriage, the statutory difference in the minimum age of girls and boys for marriage, and other practices which are incompatible with the ICCPR be prohibited by legislation. CEDAW expressed concern that discriminatory traditional practices, such as lobola, polygamy and female genital mutilation, were still accepted. 29. UNCT observed that there was no specialized juvenile justice system. Minors who commit crimes suffer from a lack of specialized legal and other assistance, although in many cases these children are victims of abuse and neglect themselves. The age of criminal responsibility for children is set at seven years, among the lowest in the world; children, particularly boys, are subject to corporal punishment and imprisonment. 31. UNCT recommended that Zimbabwe remove barriers and ensure access to birth certification and other civic status documentation, with particular emphasis on the most vulnerable children and stateless persons. 38. The ILO Committee of Experts was concerned over the issue of discrimination against women in access to certain benefits, including maternity leave, particularly as many women are contract workers, seasonal workers and domestic workers. The Committee of Experts also expressed its deep concern at the large number of children under the age of 14 who are found to be working, especially in the agricultural sector and in household activities. The Committee strongly encouraged the Government to redouble its efforts to improve this situation. 40. UNDP noted that Zimbabwe has continued to register a gradual decline in HIV prevalence: in 2001, the estimated HIV prevalence in adults aged 15 to 49 years was 23.7 per cent, but it dropped to 18.1 per cent in 2005/2006. The national HIV estimates of 2009 revealed a further decline in the adult prevalence rate. UNDP also indicated that HIV and AIDS was one of the leading causes of under-five mortality in Zimbabwe, accounting for 21 per cent of deaths. Over 95 per cent of HIV cases in children less than five years of age are vertically transmitted from mother to child during pregnancy, childbirth and/or breastfeeding. 41. UNDP noted that the maternal mortality ratio (MMR) has worsened significantly over the past 20 years. In 2007 the MMR was estimated at 725 per 100,000 live births. It is unlikely that Zimbabwe will meet the Millennium Development Goals target for MMR, which is 174 per 100,000 live births. Trends in infant, neonatal and under-five mortality rates for the last twenty years have not been very encouraging. In order to make further progress towards meeting Millennium Development Goal (MDG) 4 “Reduce Child Mortality”, there is a need to, inter alia, focus on the most vulnerable age groups and young infants. FAO noted that 39 per cent, or 5.1 million of Zimbabwe’s overall 13.1 population, is chronically malnourished. 42. UNCT recommended that Zimbabwe prioritize provision of basic social services including adequate water and sanitation in both urban and rural areas. The inability of vulnerable populations to access safe water and basic sanitation has seen frequent diarrhoeal and cholera outbreaks in the country. The 2008 cholera outbreak was unprecedented, affecting urban and rural areas in all ten provinces. Diarrhoea remains one of the top ten diseases affecting children under the age of five in Zimbabwe. 47. UNDP observed that a key reason behind the high drop-out rates of the last ten years may be related to poor nutrition; many children seldom have enough to eat in order to be able to manage school. Fewer children in rural areas attend school than do children in urban areas. The movement of people as a result of land resettlement has impacted on access to education. Moreover, long distances from home to school affect 14 per cent of children nationally. 60. CRC encouraged the State to consider seeking assistance from ILO on child labour issues. Summary of Stakeholders' Information 2. ZHRO encouraged the ratification of the Optional Protocols to the International Covenant on Civil and Political Rights (ICCPR-OP1 and ICCPR-OP2), the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women (OP-CEDAW) and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR-OP). Defence for Children International (DCI) recommended ratifying the two optional protocols to the Convention on the Rights of the Child (OP-CRC on the Involvement of Children in Armed Conflict AC and OP-CRC on the Sale of Children, Child Prostitution and Child Pornography). 12. Zimbabwe Child Rights Organizations (ZCRO) indicated that the Department of Social Services under the Ministry of Labour and Social Services is the engine driving all social protection interventions. The country does not have an operational social protection strategic framework to ensure effective delivery of service to vulnerable people and particularly children. ZCRO recommended establishing a child friendly social protection strategic framework. 13. DCI recommended drafting a comprehensive children‟s law with a cohesive integrated structure and system to bring together laws, policies, procedures and protocols. ZCRO recommended developing child-rights based policies and programmes, in compliance with the CRC‟s concluding observations of 1996, as well as establishing a system that guarantees availability of updated, disaggregated data on the state of children‟s rights. 15. ZCRO noted that Zimbabwe has not reported to the Committee on the Rights of the Child since 1995 and has not addressed most of the issues highlighted in the Committee‟s concluding observations to the initial report. ZCRO urged Zimbabwe to meet its periodic reporting requirements to the Committee on the Rights of the Child. 18. ZHRO indicated that the Prevention of Discrimination Act penalises discrimination on the basis of gender. However, gender equality is not fully guaranteed in the Bill of Rights. The right of women to be guardians of their children is not recognised. Women are not guaranteed of getting a fair share of property upon divorce when they are part of unregistered customary marriages. ZHRO recommended that parental rights of women to guardianship of children be recognized in the Constitution and that marriage laws to prevent discrimination of women married under customary law be harmonised. 22. HRW reported on diamond-smuggling, corruption and widespread human rights abuses including killings, torture, beatings and child labour in the Marange diamonds fields in eastern Zimbabwe. It recommended demilitarizing the diamond industry, launching an impartial and independent investigation into alleged human rights abuses, smuggling of diamonds and corruption, and putting in place mechanisms to ensure greater revenue transparency from diamond mining, ensuring that the Marange community benefits directly from the mining of diamonds in their area. 31. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that corporal punishment is lawful in the home. The Constitution (1979, as amended 1990) allows “moderate” corporal punishment “in appropriate circumstances upon a person under the age of eighteen years by his parent or guardian or by someone in loco parentis or in whom are vested any of the powers of his parent or guardian” (article 15). The Criminal Law (Codification and Reform) Act (2004) states in article 241 that “(2) (a) a parent or guardian shall have authority to administer moderate corporal punishment for disciplinary purposes upon his or her minor child or ward”. GIEACPC further indicated that corporal punishment is lawful in schools, for boys, under article 241 of the Criminal Law (Codification and Reform) Act, article 15 of the Constitution, and article 66 of the Education Act (2004). 32. ZCRO noted that legislation and systems set to protect children from sexual abuse fall short when it comes to implementation. ZCRO recommended ensuring that all police stations have established Victim Friendly Units that are adequately resourced and staffed with personnel trained to work with children and communities in a child-friendly manner. 33. DCI noted that Zimbabwe‟s Children Protection and Adoption Act (CPAA) prohibits exposure of children to hazardous and harmful conditions, and using them for begging purposes. However, because of abject poverty, the employment of children on farms and plantations, in street trading and as beggars was rife and often went on with the knowledge, encouragement or instruction of the parents‟. 40. ZCRO reported that Zimbabwe promulgate laws in order to promote and respect the rights of children in conflict with the law. Despite the availability of statutes to regulate the juvenile justice system, the challenge has been that judges have not been applying the protections provided for in the provisions. Consequently, some children have had to go through the rigorous process of trial. The other challenge is the use of corporal punishment as a form of sentence. DCI reported that the system does not provide free legal services to juveniles whose parents or guardians lack the means to engage a lawyer. DCI recommended improving the juvenile justice system and ensuring juveniles the right to legal assistance. DCI recommended adopting a comprehensive children‟s law with „a cohesive integrated all-embracing structure and system to bring together related laws, policies, procedures or protocols. 41. GIEACPC noted that the Constitution allows corporal punishment “in execution of the judgment or order of a court, upon a male person under the age of eighteen years as a penalty for breach of any law”. The Criminal Procedure and Evidence Act lists corporal punishment as an available sentence for boys convicted of any offence and prescribes how this is to be carried out. The Prisons Act also prescribes how a sentence of corporal punishment should be carried out. Corporal punishment is lawful as a disciplinary measure in penal institutions under article 15 of the Constitution and article 241 of the Criminal Law (Codification and Reform) Act. GIEACPC further noted that corporal punishment is lawful in the alternative care settings under the Constitution and the Criminal Law (Codification and Reform) Act. 42. ZHRO recommended outlawing child marriages in the Marriages Act. 43. ZCRO estimated that in 2009, 45 per cent of children under five in urban areas and 70 per cent in rural areas did not have birth certificates. ZCRO recommended amending the Births and Deaths Registration Act to ensure that all children born in Zimbabwe, regardless of parents‟ origin, are issued with birth certificates, to decentralise birth registration to all the districts and to introduce information communication technology to enhance documentation of births and record keeping. ZHRO recommended that the law recognizes equality of women‟s right to register their children births without the assistance of males, and that Zimbabwean men or women who marry foreigners be allowed to maintain their Zimbabwean citizenship to prevent occurrence of incidents of statelessness. 53. JS1 recommended establishing a child friendly social protection strategic framework for effective service delivery. 121 DCI suggested establishing community centres for parents and children to converge and deal with a variety of social problems. 54. ZHRO noted that the right to health care is not protected in the Constitution and that there are no specific laws or policies dealing with maternal health care. The right to adequate standard of living has also been affected by the poor state of the determinants of health – among them access to safe and potable water, basic sanitation, housing, food and nutrition and timely/appropriate health care. This resulted in the cholera outbreak between 2008 and 2009 with all ten of the country‟s provinces having been affected. To date, Zimbabwe continues to suffer from acute water shortages and burst sewer pipes with little being done to rehabilitate the water infrastructure. ZHRO recommended that the right to health and to clean water be enshrined in the Constitution, that 15 per cent of the national budget be allocated to health, that the State provides safe and adequate drinking water in both urban and rural areas and that a health services commission be established. ZHRO further recommended to introduce programmes to train midwifes in rural areas to ensure availability and accessibility of free antiretroviral to rural women and to introduce programmes to provide medication for orphans and other vulnerable children living with HIV/Aids. 57. Marist International Solidarity Foundation Onlus (FMSI) reported that in 2011, the Ministry of Education, Sport, Art and Culture responsible for education from early childhood to the age of 18 as well as adult and non-formal education, and the Ministry of Higher and Tertiary Education received the largest allocation of total government budget. FMSI further noted that education in Zimbabwe is not free, since pupils are required to pay tuition fees as well as development levies. According to FMSI, many schools have in place development levies that some parents cannot afford. FMSI indicated that there is no legislation that compels parents or the state to ensure that children are send to school and noted that the drop-out rate in both primary and secondary schools is higher among girl children than boys. DCI noted that increased poverty and the impact of the AIDS pandemic had also affected the school dropout rate. 58. FMSI noted that the existence of specialised schools, which are segregated schools for persons with disability, precludes inclusivity. At the same time, very few teachers in ordinary schools have the necessary skills to be able to work with pupils with special education needs. FMSI recommended, inter alia, to ensure that primary education is free for all children and secondary schools is available; to ensure human rights education; to improve the salaries and conditions of service of teachers; to provide adequate resources that will promote quality education. 62. ZCRO appreciated the commitment of Zimbabwe to children‟s rights through ratification of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. ZRCO commended the review of the Children‟s Act in 2001 and the adoption of several initiatives like the Victims Friendly System and the National Action Plan for Orphans and Vulnerable Children. It also commended the creation of the Child Welfare Council, the National Programme of Action and the Inter- Ministerial Committee on Human Rights and International Humanitarian Law. It indicated that it is however regrettable to note that the Government has not been allocating adequate resources to these important structures. The following recommendations were accepted: A - 93.1. Continue its efforts to combat trafficking in persons and consider the possibility to accede to the Optional Protocol to the CRC relating to sale of children, child prostitution and child pornography and to the United Nations Protocol to Prevent, Suppress and Punish trafficking in persons, especially women and children (Belarus); A - 93.3. Sign and ratify the Optional Protocols to the CRC on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict (Portugal); A - 93.25. Continue the work according to the National Action Plan II to focus on the situation of orphans and vulnerable children to ensure their access to health care and education (Norway); A - 93.26. Look into the matter of orphans caught up in the battle for property within the Anglican Church and ensure that orphans are being given experienced caretakers and have their basic rights covered (Norway); A - 93.27. Create a system to collect updated and disaggregated data on the situation of the rights of the child (Mexico); A - 93.29. Intensity efforts to implement national programmes that promote the rights of its people, including in the field of the rights of Children and Women as well as rights of education, to health, to adequate water and to sanitation, through enhancing the capacity of the Government and cooperation with relevant stakeholders, including civil society, media and international community (Indonesia); A - 93.33. Undertake continued action including legislation to address the marginalization of women, children and other vulnerable groups from socio-economic and political spheres (Sri Lanka); A - 93.54. Continue the efforts to reduce maternal and child mortality (Morocco); A - 93.64. Implement school meals programs and link them to local food production (Brazil); A - 93.66. Address the issue of school drop-out rates of children and examine related issues of child malnutrition (Sri Lanka); A - 93.68. Continue the free access to education, notably for girls and vulnerable children (Morocco); A - 93.69. Reprioritize resources to increase the budget for basic education, including the provision of additional tuition assistance to orphans and vulnerable children (New Zealand); The following recommendations were rejected: R - 95.5. Ratify the CAT, clearly criminalize torture and ban all kinds of corporal punishment (Portugal); The following recommendations were left pending: P - 94.5. Consider ratifying outstanding major human rights instruments such as the CAT, the International Convention for the Protection of all Persons against Enforced Disappearances, the International Convention on the rights of Persons with Disabilities and the Optional Protocols to CEDAW, ICCPR, ICESCR and CRC (Zambia); P - 94.7. Ratify and incorporate into domestic legislation the core human rights treaties, including CAT and CRC (Poland); P - 94.11. Ratify the core international human rights instruments including the CAT, the Convention on the Rights of Persons with Disabilities and its Optional Protocol, both Optional Protocols to theCRC, the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children and both Optional Protocols to the ICCPR and incorporate them into its national legislation (Slovenia); P - 94.22. Prohibit corporal punishment as a form of sentence as well prohibit corporal punishment in all other settings (Austria); P - 94.25. Raise the age of criminal responsibility from now 7 to 12 years as the absolute minimum as recommended by the CRC (Austria); P - 94.26. Consider raising (from 7 years old) the minimum age of criminal responsibility (Brazil); P - 94.27. Provide for a child-sensitive, accessible complaint mechanism, ensuring a proper redress, rehabilitation and social reintegration and for the child victim of abuse (Slovakia); P - 94.28. Set a higher age of criminal responsibility for children and take all necessary measures to establish a specialised juvenile justice system, where children are treated in accordance with the principle of the best interest of the child (Slovenia); P - 94.29. Ensure the protection of the minors, including through adopting juvenile justice system and increasing the age of criminal responsibility for children (Indonesia); P - 94.30. Amend expeditiously the Births and Deaths Registration Act to ensure that all children born in Zimbabwe, regardless of their parents’ origin, are issued with birth certificates (Slovakia);
10 October 2011, 14.30 pm to 17.30 pm
Compilation of UN Information
Summary of Stakeholders' Information
Accepted and Rejected Recommendations