The Portfolio Committee on Justice, Legal, Constitutional and Parliamentary Affairs and the Thematic Committee on Human Rights are this week conducting public hearings in all the major cities on the Zimbabwe Human Rights Commission Bill, currently before the House of Assembly.
The purpose of this Bill is to make provisions for the powers and operation of the Zimbabwe Human Rights Commission, which was established under Constitutional Amendment Number 19 more than one-and-a-half years ago.
A fully functional and independent commission plays an important role to promote and protect people’s political, social, environmental and economic rights. The hearings started in Chinhoyi on Monday and moved to Gweru and Bulawayo on Tuesday.
The Chinhoyi hearing was prematurely abandoned after some rowdy group of people objected to submissions that questioned the powers of the President in appointing commissioners.
The two committees were in Gwanda on Wednesday and then Masvingo on Thursday. Today they are in Mutare and then Harare this Saturday.
The Harare hearing will be held in the Senate Chamber beginning at 10 am.
The Justice Portfolio Committee is chaired by the MDC-T’s Douglas Mwonzora while the Human Rights Thematic Committee is chaired by MDC-T’s Senator Marava.
While attendance has not been that good mainly due to poor publicity, several members of the public and representatives of civic society made well-informed submissions.
- Chamisa under fire over US$120K donation
- Mavhunga puts DeMbare into Chibuku quarterfinals
- Pension funds bet on Cabora Bassa oilfields
- Councils defy govt fire tender directive
Keep Reading
While generally participants welcomed the establishment of a human rights commission, they were worried that the Bill in its current form did not give the Commission the necessary independence.
They cited clause 6 which requires the Commission to employ staff and engage consultants in consultation with the Minister of Justice and the minister responsible for Finance.
They felt that issues to do with staffing and administration should be left entirely in the hands of the Commission.
Other clauses which they felt compromised on independence were the requirements that Commission reports be submitted to the Minister of Justice for tabling in Parliament and that the same minister can prohibit disclosure of any evidence or documentation if in his opinion it is in the interest of the public. They felt such a provision gave the minister wide powers which can be open to abuse.
The other provision in the proposed law that generated heated debate especially in Bulawayo was clause 4 (a) which prohibits the Commission from investigating cases that occurred prior to 13th February 2009.
Some felt that the Commission should investigate the Gukurahundi atrocities while others felt it was important not open to open old wounds.
Those in favour of this clause pointed out that if the Commission was to investigate the Gukurahundi issue, then it should also investigate the pre-independence human rights abuses by the colonial regimes.
It will be interesting to see the position taken by the committee on this highly divisive issue.
A major complaint by some of the participants was that they had not seen the Bill and were therefore unable to make well-thought out submissions.
This is a challenge to the Parliament of Zimbabwe’ Public Information Unit to publicise the hearings better and post copies of the gazetted Bill on its website and send many more by email to civic organizations and other interest groups on its mailing list.
Use of fliers should also be seriously considered. The national broadcaster should assist Parliament to announce these hearings regularly in all the three official languages. The choice of venues for such hearings must also be convenient for many people to attend.
After the hearings, the committee will consider all the evidence gathered and then compile its report and a set of recommendations for tabling in the House during second reading stage.
The parliamentary Legal Committee will also have to determine whether or not any provisions of the Bill violate the Constitution.
The PLC has 26 days from the introduction of the Bill in the House to submit its opinion. It is only when the Bill has been passed by the house of Assembly that it will go to the Senate.
John Makamure is the Executive Director of the Southern African Parliamentary Support Trust writing in his personal capacity. Feedback: [email protected]
