THE Zimbabwe Human Rights Commission (ZHRC) has raised serious concerns over intimidation, violence and uneven participation during recent Parliamentary public hearings on the Constitutional Amendment No 3 Bill (CAB3), warning that the environment undermines citizens’ constitutional rights to freely express their views.
While attendance at the hearings was high and broadly representative, ZHRC said the process was marred by systematic suppression of dissenting voices, with supporters of the Bill largely able to present their views, while opponents were blocked, threatened or silenced.
In its assessment of the nationwide consultations conducted last week, the commission noted a “strong pattern of controlled participation,” with access to venues in some areas effectively regulated by groups of youths.
“In some instances, entrances to venues were controlled by youths, with vetting at entry points and supervised sign-in registers with restricted access,” ZHRC chairperson Jessie Majome said.
“For example in Mashonaland West, men holding whips were involved in vetting participants in Mhondoro-Ngezi.”
The commission noted that while those supporting the Bill were largely able to present their views, opposing voices were often blocked, threatened or silenced.
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“The commission observed instances where participants with divergent views to the proposed amendments were threatened, silenced, denied opportunities to contribute and in some instances physically attacked,” Majome said.
These findings come at a time observers have also raised concern over the alleged chaotic hearings held across the country, where proceedings were disrupted by rowdy groups.
Journalists were harassed and obstructed while covering the process.
ZHRC also criticised what it described as an imbalance in media coverage surrounding the Bill, particularly in State media.
She said there were jingles in support of the Bill and the State media blacked out those with different views.
Majome emphasised that section 67 of the Constitution guarantees every Zimbabwean the right to support or oppose political positions.
“And this raises questions in light also of the intimidation that has been seen as to whether those who oppose the Bill are also being given an opportunity to freely express themselves,” she said.
“And the Zimbabwe Human Rights Commission has in previous statements underscored the rights in section 67 of the Constitution that every Zimbabwean has a right to support or oppose any political view.
“It has in particular said that those who are proposing amendments to the Constitution have a democratic and constitutionally-entrenched right to propose these amendments.
“And that equally, those who oppose the amendments, who do not share those views, have an equal right to oppose those views, because it is their democratic right.”
The commission also took a swipe at Parliament for failing to ensure adequate protection of participants, arguing that stronger measures should have been in place to prevent disruptions and intimidation.
“Because there are issues that Parliament should deal with. One of them is the total security of people who are coming to Parliament,” Majome said.
“It’s a criminal offence to undermine the work of Parliament. That when Parliament is sitting at a public hearing, it is Parliament in session.
“Parliament has the power to bring to book, arrest and try people who undermine and disrupt its processes. Because people come to public hearings to air their views. And they have a right to do so.”
She further warned that failure to protect participants risks undermining the credibility of Parliament.
“The commission urges Parliament to step up and ensure that its processes are conducted with the dignity and the decorum that Parliament requires,” said Majome.
“Surely this country can't fail to have secure public meetings of State institutions; it must be the easiest thing to do.”
The ZHRC views come as a top African Union human rights organ, the African Commission on Human and Peoples' Rights (ACHPR) has also cast doubt on the legitimacy of Zimbabwe’s move to amend its Constitution, raising concern over the transparency and inclusivity of the on-going public consultations.
Following a fact-finding mission that concluded last week, ACHPR stressed that the government must address the growing deficit in public confidence.