The evolution of human rights and constitutionalism in Zimbabwe: A Pan-African perspective
THE global landscape of human rights advocacy is leaving an indelible mark on Zimbabwe’s democratic system, ushering in a new era of legal reform and social progress.
President Mnangagwa, a staunch abolitionist with a personal history of incarceration, has spearheaded efforts to reform Zimbabwe’s justice system by granting clemency to some and commuting sentences for others facing the death penalty.
This pivotal shift aligns with Zimbabwe’s Constitution, which enshrines the right to life while allowing for the imposition of capital punishment in specific cases of aggravated murder.
Notably, the Cabinet has approved a Bill aimed at abolishing the death penalty, a move that could reshape the country’s legal landscape significantly.
In 2023, Member of Parliament Edwin Mushoriwa introduced the Death Penalty Abolition Bill, signalling a critical step towards amending Zimbabwe’s Criminal Law Code and Criminal Procedure and Evidence Act to eliminate capital punishment. Despite the absence of executions since 2005, 63 individuals remain on death row in Zimbabwe.
The Minister of Information, Publicity, and Broadcasting Services, Dr Jenfan Muswere, emphasized that if Parliament ratifies the Bill, these prisoners will undergo resentencing, marking a significant stride towards a more humane justice system that aligns with democratic principles.
Historical Context and Constitutional Significance
To understand Zimbabwe’s current trajectory towards abolishing the death penalty fully, one must delve into the country’s rich history and constitutional framework. The Constitution of Zimbabwe serves as a cornerstone for upholding fundamental rights and liberties, reflecting the nation’s commitment to democratic values. The ongoing reforms underscore Zimbabwe’s dedication to aligning its legal system with international human rights standards while fostering a culture of respect for human dignity and equality before the law.
Pan-African Perspectives on Human Rights
Within the realm of Pan-Africanism, a philosophy advocating for unity and empowerment among people of African descent globally, Zimbabwe’s journey towards abolishing the death penalty resonates deeply. Pan-African scholars view this shift as not only a legal reform but also a symbolic gesture towards greater justice and solidarity within Africa. By embracing human rights principles and dismantling outdated practices like capital punishment, Zimbabwe exemplifies its commitment to advancing social progress and equality—a core tenet of Pan-African ideals.
Regional and Global Implications
Zimbabwe’s stance on abolishing the death penalty reverberates beyond its borders, particularly within the Southern African Development Community (SADC) region. With seven out of 16 member states having already abolished capital punishment entirely, Zimbabwe’s move underscores a broader trend towards human rights advancement in Southern Africa. Globally, as of mid-2023, 144 countries have either abolished the death penalty in law or practice, highlighting the growing consensus on prioritizing human rights obligations under international treaties like the International Covenant on Civil and Political Rights.
Conclusion: A Paradigm Shift Towards Constitutionalism
The ongoing judicial reforms in Zimbabwe represent a paradigm shift towards constitutionalism not only within the country but also across Southern Africa, Africa as a whole, and globally. Organizations such as Amnesty International recognize this transition as a significant milestone in advancing human rights across Africa—a testament to Zimbabwe’s evolving legal and legislative landscape. As the country navigates this transformative journey towards abolishing the death penalty, it stands as a beacon of progress in promoting human rights values regionally and internationally while embodying the spirit of Pan-African solidarity and empowerment.
◆ Elisha Khosa, an International Relations and Diplomacy student at Africa University and co-owner of The Butcher’s Block Zimbabwe, is driven by a strong determination to make a lasting impact on Zimbabwe’s economy, both on a national and international scale.
◆ With a passion for diplomacy, political dynamics, and cross-cultural interactions, Munotida Sibanda stands as an International Relations and Diplomacy student at Africa University aiming to leave a mark of positive change in the web of foreign affairs at home and on the global scene.