Human Rights

To the gallows no more

On the last day of 2024, Zimbabwe joined the ranks of nations that have consigned capital punishment to history. President Emmerson Mnangagwa, himself once a death row inmate for blowing up a train during Zimbabwe’s (then Rhodesia) fight for independence, signed the Death Penalty Abolition Act into law. For Zimbabwe and its patchy human rights track record this marks an important step.

The act not only prohibits courts from imposing death sentences. It also mandates the resentencing of about 60 persons currently on death row. Zimbabwe is now one the more than 140 countries that have abolished the death penalty in law or practice. This is laudable. But there is one, albeit big, caveat: it may be temporarily reinstated during a state of public emergency, raising questions as to its potential use as a political weapon.

The road to abolition was not without its challenges. It is the result of a long campaign, spearheaded by the UK-based Death Penalty Project and Veritas Zimbabwe, an advocacy group. Their research found that although most Zimbabweans would accept its abolition, a big share of the population – about 61% - still supported the death penalty in principle, revealing still entrenched views on retributive justice and human rights.

A big step forward. But…

The Zimbabwean government should be commended for the abolition of the death penalty. But the country’s broader human rights record still remains a concern. The August 2023 elections, which saw President Mnangagwa secure a second term, were marred by allegations of falling short of constitutional requirements and international standards. The pre-election period was characterised by a climate of threats, intimidation and violence against political opponents.

Civil society is under pressure. During the past couple of years the government has revoked the registration of numerous NGOs, accusing them of political interference or being foreign agents. A new law, the controversial Private Voluntary Organisation (PVO) Amendment Bill, is under consideration in the senate. It will give the government broad powers to control NGOs.

Meanwhile, the law has been weaponised. Arbitrary arrests, denial of bail, and unfair trials have become all too common. The case of opposition politician Job Sikhala, detained for more than a year on trumped-up charges, stands as a stark example of the erosion of due process.

The absence of the West

The West is preoccupied with itself. Donald Trump has returned to the White House, all but ensuring a period of volatility in international politics. There are wars on the European Union’s doorstep and in the Near East. The rise of the populist right has sent jitters through the EU. As a result the West seems to have relegated the African continent to second-tier priority.

It shouldn’t. African countries such as Zimbabwe are too important for the West to retreat from, even more so considering that China and Russia, not exactly poster boys for democracy and human rights, are pushing to fill the vacuum.

The West has influence. Its decade old tenet – trade and investment in return for democracy and human rights – still has appeal. The European Union’s debt resolution talks strategy which ties debt relief to improvements in governance and human rights should be continued. Another approach could involve setting clear benchmarks for the lifting of targeted sanctions. The United States, UK and Canada maintain sanctions on individuals responsible for undermining democracy and the rule of law in Zimbabwe. It would be possible to draw up a roadmap for their removal, tied to concrete human rights improvements. This could be a powerful incentive for reform.

At the same time the international community should push the Zimbabwean government to revise the PVO Bill and increase its support for Zimbabwe's civil society organisations, many of which play a crucial role in promoting human rights and holding the government accountable.

As Zimbabwe navigates its post-abolition era, the international community must strike a delicate balance between acknowledging progress and maintaining pressure for further reforms. The country's journey towards a more robust human rights framework is far from over, but the abolition of the death penalty offers a glimmer of hope. It serves as a reminder that even in challenging political landscapes, positive change is possible.