Protection of Vulnerable Communities Campaign Update
Progress Report on the Petition for the Repeal of the Vagrancy Act [Chapter 10:25].
29 November 2024
Introduction
On 31 July 2024, the Zimbabwe Human Rights Association (ZimRights) submitted a petition to the Parliament of Zimbabwe, urging the lawmaking body to repeal the Vagrancy Act [Chapter 10:25].
This petition, launched on 10 July 2024 and signed by ZimRights members and ordinary citizens, represents a powerful call for justice and human dignity, particularly for marginalized and vulnerable groups in society. This petition is part of ZimRights’ ongoing Protection of Vulnerable Communities Campaign (PVCC).
The Vagrancy Act, a colonial-era law, criminalizes homelessness and economic marginalization, reinforcing social inequalities that have no place in a modern, progressive Zimbabwe. ZimRights advocates for the recognition of constitutional rights for all Zimbabweans, emphasizing that laws that discriminate against the most vulnerable must be abolished.
In line with this, ZimRights was invited to present evidence supporting the petition to the Parliamentary Portfolio Committee on Defence, Home Affairs, War Veterans, and Security Services on 25 November 2024.
Evidence of the use of the Vagrancy Act to violate fundamental rights in Zimbabwe
In the engagement, ZimRights presented evidence of the ugliness of the Vagrancy Act, showing how it has been used in post-colonial Zimbabwe for a wholesale violation of human rights. ZimRights was represented by Community Engagement Specialist Ms. Farirai Sibanda, who was accompanied by Ms. Kenias Shonhai of the Zimbabwe Lawyers for Human Rights (ZLHR).
Among the cases presented by ZimRights is the case in which the police arrested over 300 individuals accusing them of various crimes including theft, obstruction of pavements and illegal gambling. On 16 May 2006, 10 244 individuals were arrested and detained under the Vagrancy Act and were accused of disorderly conduct. On 31 May 2024, 28 men were arrested in Harare under the same law and no charges were brought against them.
ZimRights presented evidence that when these people are arrested, they are detailed in inhumane conditions not fit for human habitation. A particularly tragic case occurred in 2007 when seven vagrants died while imprisoned at Mlondolozi Prison in Bulawayo. These individuals were among 40 detained under the Act and were awaiting mental examinations.
Evidence that the Vagrancy Act is in violation of international law
ZimRights further presented evidence that regional and international law has moved miles ahead of Zimbabwe’s current position to get rid of such laws as the Vagrancy Act. On 4 December 2020, the African Court on Human and Peoples’ Rights (ACHPR) issued a landmark advisory opinion declaring vagrancy laws inconsistent with the African Charter on Human and Peoples’ Rights, the African Charter on the Rights and Welfare of the Child, and the Protocol to the African Charter on the Rights of Women in Africa. The Court found that these laws, which criminalise individuals for being homeless, unemployed, or without means of subsistence, violate human rights treaties. The Court placed a positive obligation on African States to review, amend, or repeal such laws.The Court’s ruling emphasises that these laws are incompatible with key human rights principles, including equality, dignity, liberty, and the right to a fair trial.
What needs to be done
ZimRights, in the petition and in evidence before Parliament advocates for a repeal of the Vagrancy Act to ensure ensure that Zimbabwe is in compliance with its Constitution as well as its international obligations under the African Charter on Human and Peoples’ Rights, the African Charter on the Rights of the Child, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights. ZimRights believes that Zimbabwe’s legal framework must reflect the country’s commitment to the principles of equality, non-discrimination, freedom from torture, freedom of movement and residence, the right to dignity, and the rights of children as enshrined in both the Constitution and international human rights instruments.
In the petition, ZimRights is not only calling for the repeal of the Vagrancy Act, but its replacement with a new comprehensive law that offers holistic protection of vulnerable communities. Speaking at the launch of the petition on 10 July 2024, ZimRights National Director urged the Parliament to move with speed to repeal the Vagrancy Act and replace it with a law and policies that address homelessness, providing support to vulnerable communities and protect the right and dignity of all citizens regardless of their economic status.
Emerging from the hearing with Parliament
As he closed the meeting, Hon Nguluvhe acknowledged receipt of the concerns by ZImRights and undertook, on behalf of his committee, to take the petition further by consulting with other stakeholders, including the Zimbabwe Republic Police (ZRP), the relevant ministries and the entire Parliament.
The Committee pledged to review the petition and its recommendations, emphasizing the importance of aligning laws with constitutional and international human rights standards. ZimRights is is grateful for the Committee’s open-mindedness of the Committee and its willingness to engage deeply with the issue. It is in that light that we believe that we share the same vision for a human-centered solution to this problem, and we derive this from the undertaking of the Committee.
Our commitment
ZimRights is deeply grateful for this gesture and looks forward to the further engagements that we, as ZimRights, undertook to take on to ensure we work together with all relevant stakeholders in fostering a more just and inclusive society.
ZimRights made a commitment to support the Parliament of Zimbabwe in its quest to deal with vagrancy laws. Parliament requested for additional research on the affected persons in all the provinces and alternative laws that will help the nation in finding a holistic approach to the problems faced by homeless people. ZimRights, Zimbabwe’s largest grassroots movement of over 250 000 people interfaces with many victims of this law throughout the country. Their welfare needs not be researched. It is in plain view of everyone. Earlier this year in April 2024, ZimRights documented the story of Kuda Chtsike, a homeless individual living in the streets of Harare who later joined ZimRights in the PVCC Campaign. In June 2024, ZimRights launched the Blankets and Loaves Outreach Mission, reaching out to persons living in the streets with urgent humanitarian support.
The call to action
The engagement with Parliament is a positive development for human rights in Zimbabwe. ZimRights convinced that there is consensus in the Parliament of Zimbabwe on the ugliness of the Vagrancy Act and the need for stronger legal framework for protection of vulnerable communities. ZimRights calls on Zimbabweans to unite with their lawmakers in different provinces, to encourage them to take action and accelerate the repeal of this law. Through various platforms, ZimRights offers tools to empower communities to engage in this conversation with their leaders at various levels of government. The People’s Human Rights Manifesto, launched in April 2023 is a key tool that communities can use to advance this conversation. The repeal of the Vagrancy Act is long overdue. At ZimRights, any one more day with this law in our statute books is a day too long for justice and equality. We are committed to playing our part. We invite you to plug in and let’s make it possible in the current Parliament.
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Resources for Understanding and Participating in the Protection of Vulnerable Communities Campaign (PVCC)
The People’s Human Rights Manifesto – The People’s Human Rights Manifesto is the primary tool upon which this campaign is designed. Among the 10 key asks of the manifesto, 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 the Parliament to protect and promote livelihoods – key ask 6. It asks the Parliament to provide land and decent housing to all citizens – protect and promote livelihoods.
Click here to read the full Manifesto
About the PVC Campaign – Read about the campaign here.
Campaign Timeline – To get a full appreciation of this campaign, we have developed a timeline of this campaign here for you to follow.
ZimRights Presentation to the Parliamentary Portfolio Committee on Defence, Home Affairs, War Veterans, and Security Services on the Vagrancy Act. Read the presentation to Parliament here
Sign the petition!
The petition has been already submitted to the Parliament. However, we have maintained the online version of the campaign here should you wish to add your voice.
Click here to sign the petition
Tell us your story.
Do you have an experience with the Vagrancy Act? We have documented over 10 000 victims of the Vagrancy Act. One of the stories is the story of Kuda Chitsike. Read the story of Kuda here. If you are inspired to also tell us your story, write to us on myvoice@zimrights.org.zw
Media stories.
The campaign has received some publicity in the media. If you are a journalist, blogger or writer wishing to write about this campaign, get in touch with us on media@zimrights.org.zw
Meanwhile, click here to see some of the stories covered by the media on this campaign.
Support our work by becoming a member.
ZimRights is a not-for-profit association of ordinary people campaigning for human rights in Zimbabwe. If you want to support our work, one of the ways to do so is to join us and be a member and join us in campaign like the PVCC. You can become a member by submitting your application here
Support our work by donating to ZimRights.
The work of defending human rights and mobilising communities to take action needs resources. We are grateful to all the support we received from different partners. If you wish to donate to ZimRights, we welcome that gesture. Here is the link for you to do so securely. Alternatively, you can get in touch with our sustainability team on finance@zimrights.org.zw
Zimbabwe Human Rights Association (ZimRights)
29 November 2024