State must respect, promote and fulfil citizens’ rights and freedoms
THIS analysis looks into the Auditor-General’s report on disaster preparedness and the distribution of Cyclone Idai donations in Manicaland and Masvingo provinces with the intention of providing relevant information on the impact of the financial and non-financial malpractices by those charged with the responsibility of distributing relief items to especially the victims of Cyclone Idai.
Furthermore, the analysis will assist citizens to identify major weaknesses in the disaster preparedness and internal control system of the Department of Civil Protection and the country at large so that remedies can be expeditiously implemented.
The findings of the report signal a betrayal of the ordinary citizens and the Cyclone Idai victims and the violation of the provisions of section 44 of the Constitution on respecting the rights of the people by the people entrusted to safeguard the Bill of Rights.
The honouring of the State’s obligation to respect, protect and fulfil human rights depends on both the availability of public resources and the effectiveness of institutions charged with the provision of public services.
The audit results point to weak institutional strategies and the leakages of donations which hamper the welfare of affected parties as well as violating of good financial management practices.
Conclusion and recommendations
The State violated a number of UN and AU Human Rights Conventions which it has made binding international commitments to abide by.
These include the International Covenant on Economic, Social and Cultural Rights; Convention on the Rights of the Child and the African Charter on Human and People’s Rights, among others, which require the State to take steps to the maximum of their available resources to progressively achieve these rights.
The State also violated the rights of the citizens of the country enshrined in chapter 4 of the Constitution.
Section 47 of the Constitution recognises that “the laid down rights do not preclude the existence of other rights and freedoms that maybe recognised or conferred by law, to the extent that they are consistent with this Constitution.”
Section 44 obligates the State and every person, institution or agency of government at every level to respect, protect, promote and fulfil the rights and freedoms set out in Chapter 4 of the Constitution.