position paper from zimbabwe national youth consultation on dgtrends

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Zimbabwe Youth Consultation Position Paper

ZIMBABWE NATIONAL YOUTH CONSULTATION POSITION PAPER

ON THE 2ND ANNUAL HIGH LEVEL DIALOGUE

ON GOVERNANCE AND DEMOCRACY IN

AFRICA: TRENDS, CHALLENGES AND

PROSPECTS

THEME:

ENHANCING CONSTITUTIONALISM AND RULE OF

LAW IN AFRICA

LEAD ORGANISATION

YOUTH ADVOCATES ZIMBABWE

55121 MNGWENDE STREET

MAKONI BUSINESS CENTRE, MAKONI

P.O BOX 502, CHITUNGWIZA

ZIMBABWE

Tel: +263772546488/+263777469107,+263778037562

Email: [email protected]

www.stayingaliveconnected.org/yaz

www.youthadvocateszim.org

Coordinator: Tatenda Songore

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Preamble

Acknowledging commitment of the Zimbabwean government to the principles enshrined

in the Constitutive Act of the African Union, particularly Articles 3 and 4, which emphasise

the significance of good governance, popular participation, the rule of law and human

rights;

Concerned by the continued marginalization of the youth voice and participation on issues

directly affecting them in the post-independence era,

Appreciating the efforts being put in place by the new government informed by the letter

and spirit of the New Constitution and recent general elections, to address the economic,

social, educational, cultural and spiritual needs of youth.

Noting state committed to promote the universal values and principles of democracy, good

governance, human rights and the right to youth development

Considering the role that youth have played in the process of decolonisation, the struggle

against apartheid and more recently in its efforts to encourage the development and to

promote the democratic processes in Zimbabwe

Noting that the promotion and protection of the rights of youth also implies the

performance of duties by youth as by all other actors in society;

Constitutionalism and Rule of law in Zimbabwe

Background

Zimbabwe’s new constitution, signed into law on May 22, 2013, enshrines the country’s

domestic human rights obligations. The preamble to the constitution recognizes “the need

to entrench democracy, good, transparent and accountable governance and the rule of

law,” and reaffirms, “commitment to upholding and defending fundamental human rights

and freedoms of youth.”

Zimbabwe’s international human rights obligations are derived from the many international

human rights conventions to which Zimbabwe is party to including the African Charter on

Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, as

well as customary international law.

Under a power-sharing government between ZANU PF and Movement for Democratic

Change (MDC) from February 2009 to July 2013, a number of human rights reforms were

initiated, including enactment of the new constitution with a much broader bill of rights

than its Lancaster House predecessor. To put Zimbabwe on a democratic and rights-

respecting path leading to genuinely credible, free and fair elections, and to a durable

human-rights environment, the new government administration led by ZANU PF is yet to

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reaffirm and ensure the realization of the rights provisions contained in the new

constitution through making concrete commitments to youth. Zanu PF had a landslide

victory in elections that were endorsed by observers as free and reflective of the will of the

people despite reports of opposition leaders arrests, youth meetings banned, some political

rallies blocked by riot police, allegations of judicial interference and ministerial corruption,

smear campaigns in government media and threats and lawsuits against journalists are not

part of the image most people now have.

The need to streamline the concerns and perspectives of young people into the discourse on

Constitutionalism and Rule of Law in Zimbabwe cannot be overemphasised. However in the

recent constitutional making processes only 22, 58% of the participants were youth,

reflecting lack of youth participation in policy making processes which in turn neglects the

voice, opinions, and ideas of the future generation that could be vital in enhancing

constitutionalism and rule of law. During a survey conducted in preparation of this paper,

60% of young people said that the education curricular does not prepare youth to

meaningfully contribute constitutionalism and rule of law whilst 40% said it partly prepare

them. 85% of youth said that they were not sure if elections results reflected the will of the

people whilst 10% said they did not. Knowledge levels of the current constitution and rule of

law was at 42.8%. It has been noted that constitutionality is not enough and that to promote

democracy, it is necessary to implement the principle of constitutionalism.

Whilst youth applaud the inclusion of reserved seats for women and people with disability

(as enshrined in the new constitution) during the recent elections, there was little political

support for aspiring youth candidates as they had to compete with traditional heavy weights

in politics. Nevertheless, youth remain resolute that we are the leaders of today and shall

continue to carry the torch of democracy, characterized by meaningful youth participation

at each and every level of local and national decision making. For the youths who are living

in poverty and on the margins of society, the difference between normal life and what

outsiders define as a crisis might be marginal. According to a report by Now Zimbabwe,

poverty and exclusion are themselves a kind of chronic emergency. This is to such an extent

that even modest changes in their situation may enable the youths to either increase their

toe hold on survival, or plunge them into deeper crisis. At present participation by the youth

in issues that affect their own development is minimal or to be more accurate next to zero.

United Nations Committee on Economic, Social and Cultural Rights report also say the fact

that 1/5 of the world’s population is affected by poverty, hunger , diseases , mortality and

insecurity is sufficient ground for concluding that the economic ,social and cultural rights of

those persons are being denied on a massive scale.

Although Zimbabwe has introduced a number of globally accepted principles on the

legislative systems- ineffective implementation, lack of monitoring and evaluation systems,

and corruption results in a lack of accountability weakening the implementation and

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rationalization of rule of law system. Absence of evaluation also means the youth fail to

learn from past initiatives. Therefore their capacity is compromised.

Corruption, vested political and partisan interests contribute to massive compromise in

effective implementation of the constitution and obstructs the access to information and

justice and en-curtailment of the freedom of speech. Voice of youth is nullified.

Challenges

• The overriding challenge to Zimbabwe’s democratization process is the ubiquitous

role of the military and other state security organs in the political and electoral

affairs of the country.

• Partisan discriminatory age limits and other limits like some five years of holding

particular position in a political body for one to be eligible to stand as MP or

represent people.

• Political labelling of youth activists and their organisations and opposition

supporters,

• Youth leaders arrested, youth meetings banned, allegations of judicial interference

and ministerial corruption, smear campaigns in government media and threats and

lawsuits against youth have also been cited as issues by youth,

Recommendations

• Political parties should acknowledge that young people are as important as adults in

terms of assuming positions of power so that they have influence in decision making.

• Young people should participate fully not as mobilisers of support but as people with

intention to lead others.

• Young people should not be victims of the justice system. Their rights should be

protected, as should be the rights of everyone else. Democratic processes are only as

effective as the citizens who take part in them.

• Enhance constitutionalism and rule of law information flow among youth through

seminars, workshops, and lectures and school curricular;

• Ensure youth constitutionalism education equitable distribution of information and

use modern telecommunication facilities in both urban and rural service areas;

• Integrate available sources of information to enhance accessibility and visibility of

youth information needs;

• Youth urges the new administration to immediately amend or substantially repeal a

number of laws to bring them in line with the provisions of the new constitution. For

instance, article 208 of the new constitution states that members of the security

services – the Defence Forces, the Police, the Central Intelligence Organization, and

the Prison Service – must be non-partisan.

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• Implementation of this provision requires legislative amendments to the Police Act,

Defence Act, Prisons Act, and enactment of legislation to govern operations of the

Central Intelligence Organization (CIO). The new administration should also take

necessary measures to ensure that appointments, training and conduct of members

of the army, police and CIO conform to the requirements of strict political neutrality

in the discharge of their duties.

• The incoming administration should work to improve respect for human rights by

government officials at all levels and seek international assistance to provide

appropriate training and education to members of the police and other state

agencies on human rights and youth friendly services.

• Additionally, the government of Zimbabwe should repeal or substantially amend

repressive legislation including the Criminal Law (Codification and Reform) Act, the

Interception of Communications Act (ICA), the Public Order and Security Act (POSA),

the Miscellaneous Offences Act (MOA), and the Access to Information and

Protection of Privacy Act (AIPPA) to bring them in line with Zimbabwe’s international

human rights obligations.

• Going forward, the state should establish an independent civilian authority charged

with receiving complaints and investigating allegations of crimes committed by

members of the Zimbabwe Republic Police, military and armed forces

• To honour its human rights obligations and not interfere with the rights of civil

society organizations to freely operate across the country and without fear of

harassment or intimidation.

• The government of Zimbabwe should work in a manner that guarantees the full

implementation and realization of the rights to freedom of association and assembly

and the promotion of freedom of expression and communication.

• Ensure that every youth development policy is constitutional and has clear

information and communication component;

• Increase allocations for youth development and youth-related programme that

enhance constitutionalism and rule of law;

• State should take steps to collaborate with the youth in constitutional projects which

could lead to better understanding of constitutionalism and rule of law issues.

• Finally, good governance is necessary in enhancing constitutionalism and rule of law

for effective implementation, monitoring and evaluation of policies.

Capacity Building

Government should form collaborations with international organizations so that knowledge,

expertise and external help are available to the country to actively tackle governance and

constitutional issues.

Civil society, youth associations’ academia, and the government should exchange ideas,

information, and constitutional expertise regarding constitutional alignment with various

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acts of government through dialogue sessions and public seminars. Constitutional and Rule

of law studies can be introduced as a compulsory subject in pre-tertiary education

institutions. Civil society and private sectors should establish an active collaboration with

local communities, especially the youth, to educate the community and act as an avenue

where members of the community can turn to for constitutional and rule of law advice and

help. Annual events that promote awareness can be adopted and actively participated in

across Zimbabwe. These actions will enable better understanding and keep the people

updated on constitutional matters..

Public Awareness Engagement

Government should prioritize and allocate proper funding for mechanisms which are designed to

increase public awareness and engagement mechanisms in place to facilitate their voice, such as the

Zimbabwe Youth Council and it’s affiliate youth associations, giving proper consideration to their

recommendations, and implementing them at the local and national level. Youth participation must

be made compulsory in legal documents.

Conclusion

The government of Zimbabwe has important legal obligations under African and

international human rights treaties that require it to respect the rights to life, bodily

integrity, and liberty and security of the person, as well as freedoms of expression,

association, and assembly. Constitutional development in Zimbabwe will not take us

anywhere unless it is accompanied by a change of mindset, where constitutionalism is

elevated more than constitutions and the rule of law is upheld by both state and right

holders who are youth. It is important for youth to understand their role as citizens in a

country that is almost authoritarian and to realise that it is the citizenry that can

decompress authoritarian systems and turn them to democracies.

Consulted Organizations

Ministry of Youth, Indigenisation and Empowerment, Zimbabwe Youth Council(ZYC),

Achieve Your Goal Trust (AYGT), Build A Better Youth Zimbabwe (BABY ZIM); Bulawayo

Agenda, Catholic Commission for Justice & Peace in Zimbabwe (CCJPZ), Christian Care,

Christian Alliance, Christian Youth in Business (CYB), Combined Harare Residents Association

(CHRA), Chitungwiza Vocational Training, Concerned Youth, Restless Development, Crisis

Coalition in Zimbabwe, FACT Mutare, General Agriculture & Plantation Workers Union of

Zimbabwe (GAPWUZ), Habakkuk Trust, Intcha Group, Masvingo Residents & Ratepayers

Association, Mavambo Kusile Dawn, MDC (M), MDC (T), Mutare Residents & Ratepayers

Association, NANGO, National Youth Development Trust , Padare Men’s Forum on Gender,

Progressive Teachers Union of Zimbabwe (PTUZ), Radio Dialogue, Savanna Trust, Simukai

Child Protection Programme, Southern African Parliamentary Support Trust (SAPST), Sports

Africa Trust (SAT), Students and Youth Working on Reproductive Health Team (SAYWHAT),

Students Christian Movement in Zimbabwe (SCMZ), Students Solidarity Trust (SST),

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Transparency International Zimbabwe (TIZ), United Youth Network for Peace &

Development (UYNFPD), Women In Politics Support Unit (WIPSU), YEST Mutare, Young

Voices Network (YVN), Youth Agenda Trust (YAT), Youth Alliance for Democracy (YAD),

Youth Chat, Youth Empowerment & Transformation (YET), Youth Initiative for Democracy in

Zimbabwe (YIDEZ), Youth Unlimited, Zimbabwe Lawyers for Human Rights (ZLHR),

Zimbabwe National Students Union (ZINASU), Zimbabwe Poets for Human Rights (ZPHR),

Zimbabwe Youth Network, Zimrights, Speciss College, Teshe Women’s Movement, ZEYA,

Ministry of Youth, Indigenisation and Empowerment.

Farai G.Shumba, Mama Mene, Morris Charumbira, Tinashe Jena David Takawira, Rumbidzai

Mashavave

position paper from zimbabwe national youth consultation on dgtrends

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