ZLHR: Zimbabwe UPR Enforced Disappearances Call for ICPPED

• Human rights organizations, including the Zimbabwe Human Rights Lawyers Association (ZLHR), recently called for urgent action on enforced disappearances in Zimbabwe.
• They demand truth, justice, and reparations for victims, alongside prompt and independent investigations into all outstanding cases, emphasizing compliance with court orders.
• The upcoming Universal Periodic Review 2027 Zimbabwe is identified as a key opportunity to address these issues and advocate for the ratification and domestication of ICPPED and CAT.
• The case of journalist Itai Dzamara, missing since 2015 despite a court order, exemplifies the unresolved disappearances and lack of accountability.
• Enforced disappearances constitute grave violations of several fundamental constitutional rights in Zimbabwe, including the right to life and freedom from torture.

The consistent failure to comply with court orders and the ongoing constitutional violations highlighted by human rights groups indicate significant litigation risks and underscore the need for sustained advocacy in human rights cases.

Human rights organizations, including the Zimbabwe Human Rights Lawyers Association (ZLHR) and The Forum, recently issued a press statement coinciding with the United Nations International Day of the Victims of Enforced Disappearances. Their collective call emphasized the urgent need for victims and their families to access truth, justice, and effective reparation, which includes both psychosocial and material support. They further urged for the removal of administrative obstacles that often arise from unresolved disappearances.

The organizations also pressed for the public condemnation of enforced disappearances and the implementation of concrete measures to prevent their recurrence. This preventative action, they stressed, should involve active cooperation with affected families and civil society groups. A key demand was for prompt, thorough, independent, and impartial investigations into all outstanding cases of alleged enforced disappearance, specifically highlighting the necessity of fully complying with existing court orders that mandate such inquiries. Ensuring accountability and consistently informing affected families about progress and outcomes were also central to their appeal.

A significant focus of the ZLHR call was on Zimbabwe's upcoming fourth-cycle Universal Periodic Review (UPR), scheduled for January 2027. They advocated for this review to be utilized as a critical platform to prioritize the prevention of enforced disappearances and to support recommendations for the ratification and domestication of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) and the Convention Against Torture (CAT). This year's commemoration held particular resonance, marking the 20th anniversary of the ICPPED's adoption, under the theme "Victims First. Action Now."

The ongoing plight of journalist and pro-democracy activist Itai Dzamara serves as a stark illustration of the challenges surrounding enforced disappearances in Zimbabwe. Dzamara vanished on March 9, 2015, after being taken from a barbershop in Glen View, Harare. Despite a court order mandating state authorities to investigate his disappearance, his fate and whereabouts remain unknown more than eleven years later.

This unresolved case, alongside numerous others, underscores the urgency encapsulated by this year's theme, "Victims First. Action Now." An enforced disappearance is defined as a situation where an individual is deprived of their liberty by state agents or persons acting with state authority, followed by a refusal to acknowledge the deprivation of liberty or the concealment of the person’s fate or whereabouts.

Zimbabwe's Constitution explicitly safeguards several fundamental rights that are directly violated by acts of enforced disappearance. These include the right to life, enshrined in Section 48; personal identity, protected by Section 49; human dignity, under Section 51; personal security, detailed in Section 52; and freedom from torture or cruel, inhuman, or degrading treatment, as per Section 53.

Furthermore, Section 50 of the Constitution safeguards the rights of arrested and detained persons, while Section 85 guarantees access to the courts for the enforcement of these fundamental rights. Consequently, any instance of enforced disappearance constitutes a serious violation of these foundational constitutional protections and safeguards, highlighting a significant gap between legal provisions and practical enforcement.

The upcoming Universal Periodic Review 2027 Zimbabwe presents a critical juncture for addressing the persistent issue of enforced disappearances. Lawyers and compliance officers in Zimbabwe should closely monitor this review for potential legal and policy reforms, particularly concerning the ratification of the ICPPED and CAT. This process offers a significant opportunity to push for concrete actions that align Zimbabwe's practices with its constitutional obligations and international human rights standards.

The consistent failure to comply with court orders and the ongoing constitutional violations highlighted by human rights groups indicate significant litigation risks and underscore the need for sustained advocacy in human rights cases. The Zimbabwe UPR enforced disappearances ZLHR call emphasizes that this international scrutiny can be leveraged to foster a more robust legal framework and greater accountability, potentially mitigating future risks and enhancing human rights protections across the nation.

Lawyers and compliance officers in Zimbabwe should monitor the upcoming 2027 Universal Periodic Review (UPR) for potential legal and policy reforms concerning enforced disappearances, including the ratification of ICPPED and CAT. This article highlights persistent non-compliance with court orders and constitutional violations, indicating ongoing litigation risks and advocacy opportunities in human rights cases.

Source: Original reporting via human rights organizations' press statement