The role of the Zimbabwe Human Rights Commission in the protection, promotion, and enforcement of fundamental rights and freedoms

Abstract

Christopher Munguma analyses, in chapter 17, the role of the Zimbabwe Human Rights Commission (ZHRC) in the protection, promotion and enforcement of fundamental human rights and freedoms. Human rights commissions are important entities in the democratic space of many countries. They play the role of a watchdog, educator and at times they also have powers of enforcement. Such commissions can take up cases, investigate them, resolve complaints and refer some cases to courts for judicial pronouncement. Chapter 17 starts with a brief discussion of the history of the ZHRC, with particular focus on the developments that led to its formation. It proceeds to identify and explain the international normative framework and standards governing national human rights institutions under international law, with a view to establishing whether or not the ZHRC complies with these standards. After this, the chapter analyses the legal framework establishing Ghana’s Commission of Human Rights and Administrative Justice and points out some of the lessons to be derived by ZHRC from the Ghanaian experience. Chapter 17 also analyses the structure and functions of the ZHRC. This part of the chapter discusses the provisions governing the independence of the ZHRC (including financial independence); security of tenure for commissioners; and accessibility, accountability and mandate of the ZHRC. The discussion takes a comparative stance as the author investigates whether or not the relevant provisions comply with the Paris Principles as the main benchmarks at the international level. This is followed by an evaluation of the achievements of the ZHRC since its establishment.