| Last updated: 08 September 2012 |
Introduction |
Zimbabwe held presidential and parliamentary elections on 29 March 2008. The three main candidates were President Robert Mugabe of the Zimbabwe African National Union-Patriotic Front (ZANU-PF) who has been in power since 1980, Morgan Tsvangirai of the Movement for Democratic Change (MDC) and Simba Makoni, an independent. As no candidate obtained an absolute majority in the first round, a second round was organised on 27 June 2008, between Tsvangirai (who had obtained 48% in the first round) and Mugabe (43%). National and international observers, and the opposition, were very critical about the way in which the electoral process took place, with the government being accused of rigging the elections. Human Rights Watch said that the election was "deeply irregular and those supporters of the MDC were persecuted, arbitrarily imprisoned and tortured and that there had also been summary executions by the security forces. Tsvangirai withdrew from the second round a week before it was held, due to the violence against his supporters. But in spite of this and widespread condemnation, the second round went ahead and Mugabe was adjudged the winner.
Mugabe and his rival were forced to set up a coalition government after a period of fierce clashes and violence following the disputed 2008 elections. Morgan Tsvangirai was named Prime Minister. The coalition, which also includes a small MDC faction led by Deputy Prime Minister Arthur Mutambara, has brought about a relative reduction in the political tension. But it has been worn down by constant disputes on the rate of political reform and the States policies and positions. The next elections should be held in 2011, but critics say that elections without political reforms, including new Constitution guaranteeing fundamental rights, would only favour Mugabe and his party, which has been in power since independence from the United Kingdom in 1980. In August 2010, Robert Mugabe ruled out prosecuting those responsible for the violence following the elections and the 200 and more killings which were recorded in 2008.
The Judiciary adapts to the governments policies whilst the government refuses to comply with judicial decisions when they are not in its favour.
Mugabe government is trying to export diamonds from disputed mines in Chiadzwa (Eastern Zimbabwe). There have been numerous reports of government corruption connected with control over diamond mining and also of human rights abuses by the army, which was running an alluvial diamond mine discovered in 2006.
The President wife, Grace Mugabe, has also been accused of illegal practices connected with the diamond trade. Like her husband, she is banned from entering the European Union and the US unless it is for a United Nations meeting or assembly. However, both went to Rome for the beatification of John Paul II in April 2011.
Robert Mugabe has continued with his campaign to alise the economy and in April 2011 repeated that the country would go ahead with its acquisition of foreign companies, a worrying decision for investors. Mugabe has warned that Western countries must stop interfering in his country affairs. The nationalisation law obliges foreign companies to give over at least 51% to Zimbabwean citizens. The government has appropriated all the land in the land redistribution programme, which has displaced white farmers and their employees.
There is widespread corruption within the government. According to Transparency International , Zimbabwe is in place 134 out of 178 countries with 2.4 points on a scale of 0 to 10.
Until the beginning of 2009, the Zimbabwe Reserve Bank routinely printed money to fund the budget deficit. The coalition has moved ahead with some economic improvements with a view to controlling hyperinflation.
The security forces raid houses without a warrant and are accused of torture, abuses against opposition parties and political assassinations. Correspondence and communications are monitored. Disappearances that occur in rural areas are not reported for fear of reprisals. Life is very difficult for people carrying out activities in defence of human rights and in favour of the democratic development of the country.
Freedom of the press is guaranteed in theory, but restrictions can be and constantly are imposed in the interest of defence, public safety, law and order, State economic interests, morality and public health Some independent media have been closed down and their journalists harassed, which leads to self-censorship. Freedom of expression is restricted and comments critical of the President are banned. Radio is the most important means of communication in rural areas. International satellite signals can be received, but the cost is so high that this is beyond the reach of most citizens. Subscribers to satellite channels have to justify the origin of the currency used to subscribe. Visas have been denied to foreign correspondents. Electronic mail entering and leaving the country is monitored. According to the authority in charge of telecommunications in Zimbabwe (POTRAZ), the country has a total of 9.1 million mobile users, but the projected figure fell by 34% after it was made compulsory for all subscribers to register their lines. There is a growing use of and demand for advanced information technologies which is underlining the importance of the fundamental right to freedom of expression and access by citizens to transparent and objective information.
Homosexuality is penalised with sentences of up to 10 years in prison. The President has threatened homosexuals on various occasions. In April 2011 he criticised Western countries for keeping his assets frozen and banning him and his family from travelling to Europe, also condemning the ural practices which are commonplace in these countries and said that these would never be accepted in Zimbabwe. GALZ (a member organisation of ILGA) has expressed its profound concern at the arbitrary arrest, harassment and intimidation of lesbian, gay, bisexual and transsexual members of the association on the part of the police, along with family representatives and sectors of the community. On 23 March 2011, the police broke into the house of a member of GALZ without a warrant. They took the names of all those present, which were then driven to the police station and charged with disorderly conduct. On 25 March 2011, police arrested two female members of GALZ accused by members of their family of being homosexuals; they were interrogated separately and the police confiscated their mobile phones and called contacts in the phones to determine the nature of their relationship. At the police station they were verbally abused and photographs were taken which the police officers threatened to send to a local newspaper.
There are no laws against human trafficking and the country is a point of origin and transit for this traffic. HIV/AIDS orphans and displaced persons are particularly vulnerable to trafficking.
In 2007, the government aimed to increase treatment for HIV/AIDS patients through public health installations, with the target of reaching at least 140,000 people by the end of the year, but in fact it was not reached until 2008. According to the latest data from the WHO (2010) , only a third of seropositive patients needing treatment actually receive any care.
Education International affiliated organisations have developed programmes to combat HIV/AIDS through education. Training courses are given to teachers and materials are produced for use with pupils in the programme. In 2006 the Ministry of Education, Sport and Culture and UNICEF initiated a training plan for primary and secondary school teachers on HIV/AIDS, aptitudes for life and counselling. By the end of 2007 about 2,753 schools were involved. Away from school, efforts to educate and inform people on HIV/AIDS are organised by NGOs using different methods to convey prevention messages, including radio and television, the theatre and action in the community. The national policy against AIDS prohibits discrimination against persons infected with HIV/AIDS, although the laws are not strictly enforced and social discrimination continues to be a problem.
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Education Rights
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Education is neither universal nor free. School fees have increased, causing a fall in enrolment. As a result of the economic crisis, the cost of schooling is still rising. Families now have to decide which of their children to send to school. Primary education is the highest level achieved by most children. The current State education budget mainly finances salaries. There is little investment in areas contributing towards the quality aspects of education.
Between 2003 and 2009, seventh grade examination results showed a marked deterioration in the percentage of pupils passing the level. In 2009, only 20% of children passed in the main four subjects (English, maths and natural and social sciences), compared to 46% in 2003. This serious situation reflects the problems faced by primary schools, especially in 2008 when many schools closed down. The shortage of teaching materials, the lack of appointments of school heads and the low motivation among teachers also played a role in this. The pupil/textbook ratio deteriorated between 2003 and 2009. In 2003, the ratio in primary schools was 8:1 at national level, 6:1 in urban areas and 10:1 in rural areas. In 2009, studies show that 20% of urban schools had a pupil/textbook ratio of 9:1, whilst 11% did not have any textbooks. Although most children continue going to school, they often receive only an irregular education. The lack of motivation among teachers due to low pay and precarious working conditions plays an important part in this. There are reports of sexual abuse of children at school. Charges have been made against some members of the teaching profession. Teachers who are presumed to be opposition supporters suffer harassment or torture or are dismissed. It is said that some security personnel pass themselves off as students or teachers at the University of Zimbabwe in order to gather information on those protesting at government actions.
In March 2011, UNICEF published a situational analysis (SITAN) of the status of women and children rights in Zimbabwe. The document, which contains the most recent data on the subject, reveals worrying levels of poverty and vulnerability that are restricting access by women and children to basic social services and social protection. The poorest sections of the population have suffered most in terms of access to services, which are in decline. UNICEF recommends an end to the payment of commissions or fees by pregnant women and children under five years of age. The SITAN also notes that gender-based violence, endemic poverty, HIV/AIDS and ill-treatment are major obstacles to the development of women and children in good conditions.
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Early Childhood Education (ECE)
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The three-year preschool programme begins at the age of three. The gross enrolment rate (GER) is 43%. The 19,558 teachers working at this level are women. The pupil/teacher ratio (PTR) is 23:1.
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Primary Education
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Education is not compulsory. Basic education is offered between the ages of 6 and 12. Primary education begins at the age of six and lasts for seven years. At this level, 87% of education is private. The net enrolment rate (NER) is 82% (49% girls). Of the pupils enrolling for the first grade, 62% reach the final grade of primary education. 61,251 teachers (51% women) work at this level. The PTR is 39:1.
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Secondary Education, Vocational Education and Training
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Secondary education begins at the age of 13 and lasts for 6 years. The NER is 34%. There are 33,964 secondary school teachers (40% women). The PTR is 22:1 in secondary education.
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Tertiary/Higher Education
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55,689 students (39% females) study at tertiary institutes, with a gross enrolment rate of 4%. At this level, 10% of education is private. 16,669 Zimbabwean students are studying abroad, especially in South Africa (10,586), the UK (2,741), US (1,999), Australia (892) and Namibia (71).
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Children with Special Needs
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The Constitution in force includes persons with disabilities on the list of those protected from discrimination in education, in access to public places and in other services. However, the lack of resources for training and education makes it difficult for persons with disabilities to gain access to education and other services. The disabled are deeply disadvantaged in terms of access to education, employment and State support. Fewer than 1% receive financial assistance, and disability and social support grants amount to only 3.75 US$ (15,000 Zim$) a month. 28% of children with disabilities do not go to school, compared to 10% of children without disabilities. Women face the greatest discrimination and 34% of women with disabilities never went to school. Traditional beliefs and practices consider persons with disabilities to be bewitched.
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Refugee Children
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The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention Relating to the Status of Refugees and its Protocol of 1967, and the government has established a system for providing protection to refugees. The government cooperates with the UNHCR. Reports indicate that many refugees are emigrants from neighbouring countries. The majority of refugees come from the Democratic Republic of the Congo, Rwanda and Burundi. The Fast Track Land Reform has caused a great deal of internal displacement. In the past, farm schools provided some education for children of agricultural workers, but now the latter do not have the resources to provide even the meagre schooling that used to be available. In the meantime, child labour has increased.
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Minorities and Indigenous Peoples
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The Shona ethnic group accounts for 82% of the population, the Ndebele for 14%, Whites less than 1% and all other ethnic groups 3%. Racial tension is relatively low, despite the government accusations that attribute the country problems to the white minority. The disproportionately large number of Shona-speaking teachers and head teachers in Matabeland schools, where children are not Shona-speaking, remains a sensitive issue.
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Academic Freedom
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Academic freedom is restricted to an appreciable extent. The University of Zimbabwe Amendment Act and the National Council for Higher Education Act subject universities to government influence. The Ministry of Higher Education and Technology appoints the chancellors, vice-chancellors, deans of faculty and most members of the University Council. University authorities are accused of establishing security projects on campus. Graduates of the National Youth Training Centres, known as the Green Bombers or Youth Militia, are used as security guards at the University to intimidate those who may support the opposition. These youth militias use violence to achieve their ends. Security guards determine which students or teachers oppose the ZANU-PF.
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Gender Equality
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Discrimination against women remains a serious problem. Although there is some legislation intended to counter traditional practices, women continue to be discriminated against socially and economically, especially in rural areas. The Administration of Estates Amendment Act made inheritance law more favourable for widows. Women represent 30% of the civil service, but a local NGO reports that they are concentrated in the lower echelons of the workforce. The customs continue of pledging a very young girl in marriage and of forcing a widow to marry her late husband brother. Widows face severe difficulties when forced to rural areas or to join their husband family, where they are considered an unwanted burden and are often unwelcome in homes where resources are already strained. Sexual harassment at work is prohibited, but it is reported that women are still subject to this problem at the workplace. Domestic violence is a serious problem, but the police usually do not respond to calls for help in such cases. Some reports mention the rape and murder of women in witchcraft rituals. Women and children suffer sexual exploitation, particularly along the border with South Africa.
Very young girls are pressured into undergoing tests to obtain a certificate of virginity, but this increases the risk of being raped since it is believed that sexual relations with a female virgin can cure HIV/AIDS. HIV and AIDS are spread among children in this way. The legal minimum age for civil marriage is 16 for girls and 18 for boys, and it is prohibited to have sexual relations with children under 16. However, for traditional marriages there is no minimum age and marriage with minors is increasingly common in isolated communities or among HIV/AIDS orphans.
On 12 February 2011, the organisation Women of Zimbabwe Arise made its ninth peaceful protest in the city of Bulawayo. Since then, the police have made periodical visits to the homes of WOZA leaders Jenni Williams and Magodonga Mahlangu. The police ordered both women to present themselves at the Bulawayo Central Police Station, saying that they should be prepared for a long detention without giving any indication of the reasons for which they had been arrested. Both women rights activists had been arbitrarily detained on numerous occasions in the past for up to 37 days.
The situational analysis by UNICEF states that as regards the Millennium Development Goals (MDGs) it is clear that some of the goals where Zimbabwe has least progressed are those most directly concerning women and children, such as MDGs 4 and 5 on child and maternal survival respectively.
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Child Labour
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The minimum age for light work is 15, apart from apprenticeships or work associated with vocational training. Children aged between 13 and 15 can work as apprentices. Children under 18 years of age are not allowed to carry out work likely to endanger their health, safety or morals. The law does not address the situation of children aged between 15 and 18. The rate of unemployment is as high as 80% in some areas, so child labour has increased in the informal sector. Many children work as street vendors. Currently there are more children working in illegal gold panning and prostitution. The Zimbabwe Domestic and Allied Workers Union notes that employers bring in rural children to work as domestic servants, with parental consent. Some child domestic workers do not get paid, working only for room and board. AIDS orphans are often used as unpaid domestic workers. There are also many working in the sugar and tea industries.
One in four children in Zimbabwe has lost one or both parents to HIV/AIDS, among other things. Some 100,000 households in the country are headed by children, who have to work to survive.
The Global March against Child Labour is concerned by the most recent reports indicating that the problem is on the increase in Zimbabwe. According to a report published in March 2011 by FACT, a civil society organisation operating in the country, almost 60% of children living on communal and commercial farms are used as cheap labour. The report indicates that this significant increase in child labour is due to the collapse of traditional economic structures and social services.
Guaranteeing that all children can enjoy free access to a quality public education remains a major problem in Zimbabwe since the present Constitution does not protect education as a right. However, it is thought that this could change when the Constitution is revised in the near future, as planned.
The difficult situation in which girls find themselves is a particular cause for concern as they are involved in various forms of hazardous work or, even worse, are victims of commercial sexual exploitation. Zimbabwe is a source, transit and destination country for women and children trafficked for the purpose of sexual exploitation and forced labour. Women and children are trafficked from rural areas to the urban centres and along the borders with the four neighbouring countries.
In 2007, in collaboration with the Global March, the ILO and other organisations working in defence of children rights held the first national march from Harare to Plum Tree to raise awareness of the issue of child labour. In 2011 a second march is planned in support of demands for the eradication of this serious problem.
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Trade Union Rights
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The trade union movement has been subjected to repression and the present legislation threatens public servants who strike with prison sentences.
Members of the Zimbabwe Congress of Trade Unions (ZCTU) continue to be harassed by the police, the ZANU-PF youth militias and the National Intelligence Agency. Many workers are faced with severe sanctions for having exercised the right to strike, including suspensions and mass dismissals. The ZCTU President, Lovemore Matombo, along with four colleagues, was arrested in November 2009 using the Public Order and Security Act. Trade union activities are hampered by restrictive legal provisions and no trade union rights exist in the public sector.
Workers in the private sector enjoy freedom of association, but some employers refuse to allow trade unions in their companies. The Zimbabwe Federation of Trade Unions (ZFTU) is a body created by the government to weaken the ZCTU. It works closely with the ZANU-PF party and has generated the formation of parallel trade unions. The ILO has condemned this interference with freedom of association, and the International Confederation of Free Trade Unions has criticised the harassment suffered by trade unions.
For many years the Mugabe government has repeatedly refused to cooperate with the International Labour Organisation (ILO), and for two years running refused to present itself before the Committee on the Application of Standards of the International Labour Conference. Consequently, in November 2008 the ILO decided to apply one of its harshest measures: a Commission of Inquiry to examine complaints concerning Zimbabwe failure to comply with the Convention concerning Freedom of Association and Protection of the Right to Organise (No. 87 of 1948) and the Convention Concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (No. 98 of 1949). The Commission of Inquiry began its work in February 2009.
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Footnotes
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Sources:
Annual Survey of Violations of Trade Union Rights 2010, International Trade Union Confederation, ITUC-CIS, www.ituc-csi.org
Child Labour on the rise in Zimbabwe Global March against Child Labour, March 2011, www.globalmarch.org
Leaders of Social Justice Group at Amnesty International, February 2011, www.amnesty.org
Leaders of Social Justice Group at risk Amnesty International, February 2011, www.amnesty.org
Zimbabwe Millennium Development Goals Progress Report 2010, United Nations Development Programme, www.undp.org.zw
World Health Organisation, www.who.org
ILGA, www.ilga.org
Corruption Perspectives Index 2010, Transparency International, October 2010, www.transparency.org
State of the World Population 2010. From Conflict and Crisis to Renewal: Generations of Change UNFPA, November 2010, www.unfpa.org (English)
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