On 25 November 2024, the Zimbabwe Human Rights Association met with the Parliamentary Portfolio Committee on Defence, Home Affairs and Security Servics at the New Parliament Building, Mt Hampden, Harare, Zimbabwe. Below is a presentation made to the Committee.
Chairperson of the Portfolio Committee on Defence, Home Affairs and Security Services
Honourable Members of Parliament
All members and officers present
Introductions
My name is Farirai Sibanda, a member of the Secretariat at the Zimbabwe Human Rights Association. I am standing in on behalf of Mr. Dzikamai Bere, our National Director and indeed on behalf of 250 000 members of ZimRights who have mandated us to undertake this campaign. Our National Director could not be here today owing to circumstances beyond his control. He asked me to pass his apologies and express his immerse gratitude to your committee for this kind invitation and showing care and interest in the petition that we have presented before you.
I will read his statement in a moment but before that, allow me to introduce the colleagues who have accompanied me.
We have Mr. Kenias Shonhai, our Legal Advisor on this campaign. He will help me in this presentation and the follow up discussions. I also have with me Mr. Tapiwa Zivira, our Media and Advocacy Specialist who will help us capture the issues as they emerge from this conversation.
I am Farirai Sibanda, a Community Engagement Specialist and human rights lawyer.
About ZimRights
On behalf of the Zimbabwe Human Rights Association (ZimRights), I extend our heartfelt gratitude for the opportunity to engage with you today on a matter of critical importance to the people of Zimbabwe—the urgent need to repeal the Vagrancy Act [Chapter 10:25].
Allow us before we get into the details to introduce our association to you.
ZimRights is Zimbabwe’s first post-independence indigenous human rights advocacy group, formed 32 years ago with the goal to build citizen capacity to demand and claim their rights.
Formed in 1992, ZimRights brings together ordinary people, who work together to advance the cause of human rights in Zimbabwe. It is registered as PVO under the Private Voluntary Organization Act.
For almost three decades, ZimRights has given birth to many human rights initiatives and inspired active citizenship that has seen the birth of many of the human rights champions that we celebrate today and the many human rights achievements of our society. Today ZimRights has grown to over 200 000 members in all of Zimbabwe’s 10 administrative districts.
ZimRights has built across the country communities that are not only conscious but are actively engaged in the defence and protection of human rights. It is because of this legacy, that ZimRights has become the foundation for civic progress in Zimbabwe. This is true of civic engagement in elections and democracy, peacebuilding and conflict transformation, empowerment of women and girls, civic leadership as well as civic engagement among other aspects of civic life.
As part of this work, we have always engaged with the three arms of government in pursuit of our mission.
Foundations of this Petition
In the run up to the 2023 elections that gave birth to this Parliament, on 23 April, we launched a document that we call ‘The People’s Human Rights Manifesto’ (the Manifesto).
The Manifesto is an elections dialogue tool, compiled by our members across Zimbabwe with the purpose of bringing human rights values and virtues at the centre of electoral processes. The People’s Human Rights Manifesto (PHRM) uses the universal language of human rights to express what Zimbabweans expect from those who aspire to lead us as Councillors, Members of Parliament, and President of our country. It is the product of extensive nationwide public consultations conducted by ZimRights. The manifesto captures the views of Zimbabweans from all walks of life, who speak first and foremost as citizens of Zimbabwe outside the restrictions of political party agendas.
On 23 April 2023, ZimRights invited all political parties that had an intention to participate in the 2023 elections to reflect on the key asks and make a commitment to use their term in office to defend and advance human rights. We are happy, Mr. Chairman to announce that all political parties represented in the 11th Parliament endorsed and signed the People’s Human Rights Manifesto. On 8 August 2023, a few weeks before the elections, His Excellency the President of Zimbabwe hosted us at the State House, went through the Manifesto, celebrated its values and appended his signature, committing to implement all the key asks in the Manifesto.
Since then, over 212 duty bearers from different levels of public leadership have signed the manifesto. Over 36 dialogue sessions have been held with various stakeholders to promote the values and virtues in the Manifesto.
Mr. Chairman, among the 10 key asks, the manifesto invites your Parliament, among many other duty bearers, to uphold and defend the integrity of the Constitution – key ask number 1. It asks you, to protect and promote livelihoods – key ask 6. It asks you to provide land and decent housing to all citizens – protect and promote livelihoods.
It is in line with these key asks of the Manifesto which are indeed key aspects of our Bill of Rights, that as ZimRights, we have proceeded to launch the Protection of Vulnerable Communities Campaign (PVCC). An important part of this campaign is the welfare of over 1.5million Zimbabweans who are homeless. The welfare of these people is a national issue that we believe your committee can use its power to champion for their protection.
Mr. Chairperson, section 119 of the Constitution places upon the Parliament of Zimbabwe the obligation to protect the Constitution of Zimbabwe. This is why we are appealing to you, on behalf of the 1,5 million homeless Zimbabweans who are victims of the dehumanising consequences of the Vagrancy Act, to repeal this colonial and barbaric law that does not align with our African values.
Summary of the petition
We, the undersigned individuals and organisations, call on the Parliament of Zimbabwe to repeal the Vagrancy Act, a law that criminalizes homelessness and perpetuates the marginalization of vulnerable citizens.
Grounds for Repeal:
- Violation of the Constitution: The Vagrancy Act violates the Constitution of Zimbabwe, which guarantees the right to dignity, freedom, and equality. The law disproportionately targets vulnerable populations, exacerbating their marginalization.
- Criminalization of Poverty: The law punishes individuals for being homeless, rather than addressing the root causes of poverty and homelessness such as lack of affordable housing, mental health issues, and economic instability.
- Discrimination: The Act disproportionately affects vulnerable groups, including children, women, and people living with disabilities.
- Human Rights Violations: The law leads to arbitrary arrests, detention, and harassment of homeless individuals, violating their human rights.
- Violation of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the African Charter: International human rights frameworks and the African Court on Human and Peoples’ Rights condemns the criminalization of homelessness as a violation of human rights provided for in the African Charter on Human and Peoples’ Rights.
- Colonial Legacy: The Vagrancy Act has its roots in colonial-era legislation, designed to control and suppress the indigenous population. The continued use of this colonial law post-independence perpetuates systemic inequalities and discrimination.
Repeal and Reform:
We urge the Parliament to repeal the Vagrancy Act [Chapter 10:25] and replace it with legislation that:
- Addresses the root causes of homelessness, such as poverty, lack of affordable housing, and unemployment.
- Provides support and services for homeless individuals, including access to shelter, healthcare, and social services.
- Protects the rights and dignity of all citizens, regardless of their housing status.
Case Studies
- Although the Vagrancy Act has its roots in the colonial era it has actually been used in post-independence Zimbabwe perpetuating social exclusion and systemic inequality.
- Case Studies
- On 20 August 2005 authorities arrested over 300 individuals, including vagrants, touts, and street vendors in Harare. They were accused of theft, obstructing pavements, and illegal gambling. This was part of broader efforts to “clean up” urban spaces.
- This incident demonstrates how vagrancy laws have been used as tools of urban control, criminalising minor offenses and targeting the poor, further marginalising already vulnerable communities.
- In another mass operation on 16 May 2006 over 10,244 individuals categorised as “vagrants, street kids, touts, and other disorderly elements” were detained. The mass detentions lacked transparency, accountability, or a legal process for the detained individuals.
- This large-scale round-up reflects the arbitrary application of the Act, disproportionately affecting those living in poverty, with little regard for individual circumstances or due process.
- In May 2023, an article Southern Africa Litigation Centre reported that on 31 May 2023, 28 men were arrested in Harare’s CBD under vagrancy laws.
- On 25 May 2024, the National Police Spokesperson, Commissioner Paul Nyathi, confirmed that 91 vagrants were arrested in Harare during a campaign to rid the city of “criminal and illegal activities.” These individuals were handed over to the Ministry of Social Welfare, highlighting the continued reliance on punitive measures rather than supportive interventions.
- While the Ministry of Social Welfare’s involvement suggests a shift toward welfare-based interventions, the arrests themselves continue to stigmatise poverty and homelessness, treating them as criminal matters.
- Individuals arrested under the Vagrancy Act are often held in overcrowded and inhumane conditions, exacerbating their suffering. A particularly tragic case occurred in 2007 when 7 vagrants died while imprisoned at Mlondolozi Prison in Bulawayo. These individuals were among 40 detained under the Act and were awaiting mental examinations. The lack of timely mental health assessments and the deaths of detainees underscore the inhumanity of detaining vulnerable individuals under the Vagrancy Act. The failure to provide adequate care, especially to those with mental health issues, constitutes a serious human rights violation.
Conclusion
We wish to conclude by pointing out that our calls for the repeal of the Vagrancy Act are not only in line with international standards but also drawn from debates that have emerged from the Parliament of Zimbabwe at different times. Previously motions were raised by Hon. Ronald Muderedzwa and Hon. Sonny Mguni in 2015 and 2021 respectively for this law to be reconsidered. Further in 2020, the African Court on Human and Peoples’ Rights issued an Advisory Opinion, which deemed vagrancy laws incompatible with the African Charter so we believe that it is time for Zimbabwe to abolish this outdated legislation, replacing it with policies that respect the dignity, equality, and liberty of all citizens.
Given the numerous concerns we have raised through this petition, we recommend the following actions:
- Repeal of the Vagrancy Act [Chapter 10:25]
Repeal the Vagrancy Act entirely, as it has been shown to violate both constitutional and human rights by criminalizing homelessness, disproportionately targeting marginalized groups, and infringing on the right to dignity and equality.
- Replace the repealed Act with legislation that adopts a rights-based approach, addressing homelessness and poverty by:
- Tackling root causes, including lack of affordable housing, unemployment, and access to healthcare and social services.
- Providing clear protections to ensure that no person is criminalized solely due to their socio-economic status.
- Introduce comprehensive welfare and housing programs that provide:
- Affordable housing initiatives and access to emergency shelters.
- Employment support programs and vocational training to address the economic factors leading to homelessness.
- Access to mental health and healthcare services, which are often critical to those affected by homelessness.
- Review and amend Zimbabwe’s national legislation to ensure it aligns with international human rights treaties and standards.
- Eliminate Colonial-Era Laws that Perpetuate Inequality
Conduct a comprehensive review of all colonial-era laws that may be contributing to systemic inequalities, with the intent to reform or repeal laws that do not align with Zimbabwe’s modern constitutional values and rights framework.
- Task Central and Local Government with Promoting Public Awareness and Community-Based Solutions
Encourage and fund public awareness campaigns and community-driven solutions that reduce stigma around homelessness and poverty. These efforts should emphasize the importance of empathy, inclusivity, and the community’s role in supporting vulnerable individuals.
By implementing these recommendations, we believe Parliament will be able to promote social justice, ensure compliance with human rights standards, and foster an inclusive society that upholds the dignity and rights of all citizens.
