Zimbabwe’s Patriotic Bill: Analyzing the President’s Attack on Civic Space

President Mnangagwa Signs “Patriotic Bill” Into Law: A Grave Attack on Freedom

The Concerns Raised by Amnesty International

Amnesty International’s Deputy Research Director for Southern Africa, Khanyo Farisè, has strongly criticized President Emmerson Mnangagwa’s recent signing of the Criminal Law Codification and Reform Amendment Bill, 2022, commonly referred to as the “Patriotic Bill.” According to Farisè, this act represents a severe assault on the fundamental rights to freedom of expression, peaceful assembly, and association.

Farisè’s statement underscores the belief that the Zimbabwean authorities are purposefully tightening their control over civic space and attempting to suppress dissent. Amnesty International calls on President Mnangagwa to reverse his decision and urgently repeal this law as a demonstration of his government’s commitment to human rights. Farisè also highlights the lack of legality, proportionality, and necessity in the Act, noting that the penalties it imposes, including loss of citizenship, denial of voting rights, and even the death penalty, are unconstitutional and violate Zimbabwe‘s international human rights obligations.

The Criminal Law Codification and Reform Amendment Act, 2022

The recently enacted Criminal Law Codification and Reform Amendment Act, 2022, contains broad provisions that criminalize participating in meetings where sanctions and military interventions are discussed. Additionally, the Act criminalizes planning to subvert, upset, overthrow, or overtake a constitutionally elected government. These provisions are concerning as they can be interpreted in a way that restricts legitimate activities and undermines the right to peaceful assembly and association.

The journey of the Bill began when it was first published in the Government Gazette on December 23, 2022. It was subsequently passed by the lower house of the National Assembly on May 31, 2023, and received approval from the Senate on July 7, 2023. Finally, it was signed into law by President Mnangagwa on July 14, 2023. This swift passage through the legislature raises questions about transparency and debate surrounding a law that carries such significant implications for human rights and civic space.

The Importance of Civic Space and Human Rights

The shrinking of civic space and the suppression of dissent have serious implications for any society. The right to freedom of expression, peaceful assembly, and association are fundamental pillars of democracy and essential for a healthy, open, and inclusive society. Any attempt to curtail these rights undermines the democratic fabric of a nation, limiting citizens’ ability to participate in public affairs, hold their government accountable, and contribute to shaping the future of their country.

The “Patriotic Bill” raises concerns about the erosion of democratic norms and values in Zimbabwe. Freedom of expression is a crucial element for the exchange of diverse ideas and opinions, fostering innovation, development, and progress within society. Peaceful assembly and association are key to collective action, empowering individuals to express their grievances, advocate for change, and forge alliances to create a more just and equitable society.

International Human Rights Obligations

As a member of the international community, Zimbabwe has committed to upholding certain human rights obligations. These obligations are enshrined in international treaties such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. By signing and ratifying these agreements, Zimbabwe has pledged to respect, protect, promote, and fulfill the rights of its citizens.

The enactment of the “Patriotic Bill” raises concerns about Zimbabwe‘s commitment to these international obligations. The broad and punitive nature of the law, including extreme penalties such as loss of citizenship and denial of voting rights, raises questions about the proportionality and necessity of such measures. These penalties are extraordinarily severe for individuals exercising their human rights, which undermines the principles of justice and fairness.

Editorial: A Step Backwards for Democracy and Human Rights in Zimbabwe

The signing of the “Patriotic Bill” into law by President Mnangagwa is a disheartening and alarming development for democracy and human rights in Zimbabwe. This law has the potential to significantly curtail the rights of individuals to freely express themselves, assemble peacefully, and associate with others. It represents a step away from the progress made in recent years towards opening up civic space and fostering a more inclusive society.

Zimbabwe‘s government should be acutely aware of the potential consequences of such a law. History tells us that when governments restrict the rights of their citizens, it often leads to increased social tensions, polarization, and resentment among the population. A healthy democracy requires open dialogue, respect for diversity, and robust engagement between citizens and their government. By stifling dissent and attempting to control civic space, the government risks exacerbating existing social and political divisions.

It is essential for President Mnangagwa’s government to heed the concerns raised by Amnesty International and other human rights organizations. Repealing the “Patriotic Bill” would be a significant step toward rebuilding trust between the government and its citizens, as well as demonstrating a genuine commitment to upholding democratic values and respecting human rights. Dialogue and engagement with civil society organizations, activists, and citizens are crucial to achieving a more inclusive and participatory democracy.

Advice: The Importance of International Pressure

The international community, including regional bodies such as the African Union and the Southern African Development Community (SADC), must not turn a blind eye to the erosion of human rights in Zimbabwe. These organizations have a shared responsibility to hold their member states accountable to their commitments and obligations.

International pressure, through diplomatic engagement, public statements, and the use of targeted sanctions, can play a crucial role in urging the Zimbabwean government to reconsider the “Patriotic Bill” and redress the erosion of civic space. Building coalitions among like-minded nations and engaging in public advocacy can further amplify the voices of those affected by this law.

Moreover, international support for civil society organizations and human rights defenders in Zimbabwe is vital. By providing resources, solidarity, and platforms for civil society to advocate for their rights, the international community can help counteract the shrinking of civic space and provide a lifeline for those who face repression and persecution.

In conclusion, the signing of the “Patriotic Bill” into law by President Mnangagwa represents a severe attack on freedom of expression, peaceful assembly, and association in Zimbabwe. The international community must take a united and decisive stand against the erosion of human rights, urging the Zimbabwean government to reverse its decision and uphold its international obligations. By doing so, they can send a clear message that the rights of individuals to freely express themselves and peacefully engage in public affairs are non-negotiable principles of a just and democratic society.

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