Ivan Zhakata
Herald Correspondent
The Zimbabwe Human Rights Commission (ZHRC) has welcomed and celebrated the historic signing into law of the Death Penalty Abolition Act, 2024.
In a statement, the Commission said the landmark step is a significant milestone in Zimbabwe’s commitment to upholding the sanctity of human life, as enshrined in Section 48 of the Constitution, which protects the right to life, alongside sections 51 and 53 which respectively guarantee the rights to dignity and freedom from torture, cruel, inhuman and degrading treatment.
It said the new Act eliminates the death penalty in Zimbabwe, ensuring no person shall be sentenced to death or executed.
“This legislative development aligns with modern human rights standards and reflects the global trend towards the abolition of the death penalty,” reads the statement.
“Zimbabwe now joins a growing number of nations that have recognised the inherent dignity of every human being, regardless of their past actions. The ZHRC applauds the inclusive and compassionate approach taken in the transitional provisions of the Act, ensuring prisoners under sentence of death are afforded legal representation and the opportunity for clemency.
“This approach underlines the importance of rehabilitation over retribution in Zimbabwe’s justice system. The ZHRC highly commends the unity of purpose demonstrated by the leadership across the political divide, notably, Mr Edwin Mushoriwa who introduced the Private Member’s Bill in November 2023, Minister of Justice and Parliamentary Affairs Ziyambi Ziyambi who facilitated the passage, Members of Parliament as a whole, and President Mnangagwa who signed the Bill into law.”
The Commission has urged the political leadership to maintain the unity for the sake of promoting human rights in Zimbabwe.
It said the abolition of the death penalty is a monumental achievement for human rights in Zimbabwe as it resonates with the fundamental principles of equality, justice and mercy, which are cornerstones of a democratic society.
“This development also reinforces Zimbabwe’s alignment with international human rights instruments such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights,” reads the statement.
“The ZHRC recognises the challenges of addressing grave crimes, but firmly maintains that the death penalty is not the solution. Evidence worldwide shows that the death penalty does not deter crime more effectively than other punishment.
“Instead, its abolition allows for a more humane and restorative justice system. As we celebrate this significant milestone, the ZHRC reiterates its commitment to promoting the protection of human rights and advocating for the reform of laws and policies to create a fairer and more just society.”
The Commission has also called on all stakeholders, Government bodies, civil society and citizens to support the full implementation of the Act and to work collectively towards building a Zimbabwe where justice, equality and respect for life prevail.
“As a matter of priority, the ZHRC urges the responsible authorities to ensure expeditious and fair re-sentencing of those on the death row, and will monitor such process.
“This milestone achievement symbolises Zimbabwe’s commitment to upholding constitutional, regional and international human rights standards. In that vein, the ZHRC therefore, urges the Government of Zimbabwe to maintain the momentum and ratify outstanding treaties, particularly the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and the UN Convention for the Protection of All Persons from Enforced Disappearance (CED).”