A. Nature and description of emergency COVID-19 measures taken by Zimbabwe

Orders

1. Public Health
   (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020
   

   In Zimbabwe, the Minister of Health in consultation with the President published the COVID-19 Prevention, Containment and Treatment Order. The Order introduced several lockdown measures including the initial period of 21 days between 30 March to 19 April 2020. The Order defined several terms within the context of specific usage during the pandemic in Zimbabwe. Some of these terms are ‘essential service’, ‘medical supplies’, ‘national lockdown’, ‘public place’, ‘social distancing rule’ etc. It prohibited gatherings and false reporting during the lockdown period. False reporting is punished by the provisions of section 31 of the Criminal Code Law with a fine or an imprisonment term not more than twenty years.

2. Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (Amendment) Order, 2020 (No. 5)
   

   This Order was made primarily to extend the period of lockdown in Zimbabwe from 30 March to 17 May 2020. It also introduced new terms like ‘face masks’ and mandates its use in public places, new health measures in public transport systems and phased re-opening of businesses in Zimbabwe.

Regulations

1. Public Health (COVID-19 Prevention, Containment and Treatment) Regulations, 2020 
   According to the provisions of the Regulations, it was promulgated to enable the implementation of measures to prevent, contain and treat the incidence of COVID-19. Some of these measures include prohibited gatherings, compulsory testing, detention, quarantine and isolation etc. It also provided for the ‘enforcement officers’ which consists of police officers. 
   

   On 15 December 2020, the government further issued regulations for public gatherings and allowable numbers (Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) (No. 8. On 31 December 2020, Public Health (COVID-19 Prevention, Containment and Treatment) (Amendment) Regulations, 2020 (N0. 5) declared COVID-19 as Formidable Epidemic Disease.

2. Public Health
   (COVID-19 Prevention, Containment and Treatment) (Amendment) Regulations, 2020 (No. 1) 
   A major amendment introduced by these Regulations was the definition of ‘enforcement officer’ to include a member of Defence Forces of Zimbabwe authorised by his or her commanding officer…’ to enforce the provisions of the Regulations put in place by the Government of Zimbabwe.

Notice

1. Civil Protection (Declaration of State of Disaster: Rural and Urban Areas of Zimbabwe) (COVID-19) Notice, 2020 
   By way of Notice, the President of Zimbabwe issues a directive declaring a ‘state of disaster’ per Section 27(2) of the Civil Protection Act, on account of the coronavirus pandemic.
   

   By way of Notice, the President of Zimbabwe issues a directive declaring a ‘state of disaster’ per Section 27(2) of the Civil Protection Act, on account of the coronavirus pandemic.

   On 2 January 2021, vice president Constantino Chiwenga officially announced that the country has initiated a 30-day total lockdown as a result of an increase in the number of COVID-19 related infections as the country’s health system is already strained. However, this was initiated without any provisions in place with regard to how people will survive. Only essential services remained operational, gatherings were limited to 30 people, movements were restrained as people needed to get a travelling pass written by a police officer to travel especially to the Central Business Districts (CBDs). In line with that declaration, the Statutory Instrument 10 of 2021, Public Health (COVID-19 Prevention, Containment and Treatment) National Lockdown) (N0.2) (Amendment) Order, 2020 (N0.9) was issued tightening restrictions, including areas related to business hours for supermarkets and other essential services supplying goods and services to customers. Trading hours were allowed from 0800 hours to 1500 hours and a 12-hour curfew beginning at 1800 hours and ending at 0600 hours the following day was initiated.

 B. Democracy-related issues arising from COVID-19 responses of state

Executive 

The national response from the executive during the pandemic is an inter-ministerial task force chaired by one of the Vice-Presidents. Some of the measures introduced so far by the government has been a stimulus package of $20,000,000 with ten per cent committed solely to medical aid for civil servants. Also, the government has established a National Disaster Fund in order to mobilise additional resources from individuals and the private sector.

In a leaked letter by the Minister for Finance dated 2 April 2020, it was discovered that the Government of Zimbabwe was seeking a loan of $1billion from the International Monetary Fund (IMF) in order to address the challenges caused by the pandemic. However, according to reports, only one-fifth of the funds would be used to combat the pandemic. There were also reports that due to the endemic corruption that is currently rife in the country, the loan will most likely be embezzled by the government.

Elections

The Zimbabwean Electoral Commission (ZEC) suspended by-elections or any other form of elections due to COVID-19 on 25 March 2020. In particular, the opposition party – Movement for Democratic Change (MDC) was due to hold by-elections as a result of a recall process that began due to factional differences in the party. The major contention against the suspension was that the ZEC does not have the power to halt elections as it did. Sections158(3) and 159 of the Constitution of Zimbabwe provided that ZEC must organise a by-election within 90 days when such vacancy occurred.  

ZEC’s Chief Electoral Officer was reported to have stated that the elections were suspended because they were guided by the Presidency’s measures to curb the spread of the virus.

In response to the promulgated Statutory Instrument 10 of 2021, on 7 January 2021, the Zimbabwe Electoral Commission (ZEC) announced the suspension, with immediate effect, of all electoral activities until a date that was to be announced. However, the filling of Proportional Representation (PR) seats continued as it was not a threat to the health of those involved in the task. Few staff members were to keep the Commission’s offices open under strict Covid-19 health measures.

On 23 March 2021, The Zimbabwe Electoral Commission (ZEC) announced, through a press release,  that following the relaxation of lockdown measures of Statutory Instrument 10 of 2021 on 01 March 2021, the suspension of voter registration and some fieldwork has been lifted.  The named activities were to be resumed on  01 April 2021. However, due to the need to uphold the COVID-19 health regulation as stipulated in the provisions of Statutory Instrument 10 of 2021, the conduct of by-elections remained suspended.

From the statement made by the Zimbabwe Electoral Commission Chairperson, Hon. Mrs Justice Priscilla Chigumba, the following activities were allowed to resume: voter registration, voter education, voters’ roll inspection, registration transfer and preliminary delimitation issues.

Parliament

The Parliament of Zimbabwe suspended activities on 25 August 2020 when eight of its members contracted the virus. Parliamentary activities are to resume virtually on 1 September 2020

In terms of the Bill Watch 08-2021, both the Senate and the National Assembly resumed their seats on Tuesday 16 February 2021. This was their first working sitting of 2021 after their earlier token sitting in late January and early February 2021, respectively.  COVID-19 restrictions were observed at these sittings. Consequently, only a very limited number of Senators and MPs were physically present in the two Chambers. Other members participated in the sittings virtually.

A bulletin was published to give notice about Parliamentary Committees Series 15/2021 and Committee Meetings Open to Public Attendance which was to take place from the 27th to the 29th of April 2021. Members of the public who were interested in joining the meetings as observers were to access them through the Parliament’s social media pages. In physical and hybrid meetings, COVID-19 rules were strictly adhered to.

Judiciary (role of courts; decided cases related to COVID-19)

On 14 April 2020,  Justice Philda Muzofa sitting in a High Court in Harare ordered the Government of Zimbabwe to provide healthcare equipment for doctors in order to combat COVID-19. The Zimbabwe Association of Doctors for Human Rights (ZADHR) brought the case against the government due to the lack of healthcare equipment to combat the pandemic. The respondents in the application before the Court were Ministers of Health and Child Care, Finance and Economic Development and Transport and Economic Development. The Association argued for the protection of the right to health frontline health workers in Zimbabwe and the Court ruled in their favour among other orders given to the Government. In a monitoring and advocacy report by the Association, it noted several issues faced by the health sector and governance in general including lack of personal protective equipment, health sector strike, and the current state of prisons, prisoners and prisons officers.

Justice Mafusire of the High Court ordered the Ministry of Health and Child Care and the Ministry of Information, Publicity and Broadcasting Services to fulfil the right to access information during the COVID-19 pandemic. The Court specifically ruled that the Government should provide daily COVID-19 updates on all accessible platforms for Zimbabweans in all official languages. The Order also included the need for the government to list all private and public testing centres, treatment centres at the national, provincial, and district levels and all hospitals allocated to treat COVID-19 cases.

On 4 April 2020, a High Court in Harare ordered law enforcement agents in Zimbabwe not to assault citizens in enforcing the lockdown rules. However, the Minister for Justice stated that he would have to first confer with the President before reacting to the Court ruling. 

On 2 May 2020, the Zimbabwean Chief Justice Hon. Mr Justice L Malaba issued a Practice Direction 3 of 2020 which replaced the Operational Instructions announced in Practice Directions 1 of 2020. These newly adopted measures were meant to regulate the Constitutional Court, Supreme Court, High Courts, Labour Courts, Administrative Courts and Magistrate Courts during level 2 lockdown. Consequently, all courts became functional from 11 May 2020 but for limited hours and activities. Courts were to open from 0800hrs to 1500hrs for the following activities, among others: litigation, filing of court documents. The Sheriff was not to carry out evictions or conduct sales in execution, and solemnisation of marriages was also suspended for the duration of lockdown. COVID-19 prevention and protection measures which include wearing of face masks, sanitising, social distancing were to be strictly adhered to.

In his open address for the 2021 legal year, Justice Malaba declared that the Judiciary Service Commission (JSC) has been affected by COVID-19 as there were 31 confirmed cases among members, 2 who were critically ill and one who died on the 5th of January 2021. Justice Malaba announced the JSC’s plans to initiate virtual court sessions to facilitate uninterrupted “access to justice”.

Transparency/ Access to information

Section 62 of the Zimbabwean Constitution guarantees the right to access information. Since the outbreak of the pandemic, government officials had been publishing contradictory information relating to the country’s preparedness in battling with the pandemic. Access to COVID-19 information is crucial for people to make more informed decisions concerning their right to life and health. 

The Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 criminalises the publication of false news and the offence is punishable by in the Criminal Code for up to twenty years.

On 15 January 2021, Misa Zimbabwe filed an urgent application at the High Court against 1.  the Minister of Health and Child Care, 2. Minister of Information, Publicity and Broadcasting Services. The issue was based on the allegation that these two ministries were providing COVID-19 information that was incomplete, uninformative and inadequate. The application was compelling the responsible ministries to widely disseminate comprehensive information on both private and public testing, isolation and treatment of COVID-19 patients. The High Court ordered the Applicant’s favour by ordering the respondent(s) to widely disseminate “comprehensive and adequate information” on COVID-19. 

Abuse by law enforcement agents/Exacerbation of authoritarian tendencies/power grabs

There were several reports of police brutality on the rise during the COVID-19 pandemic. Currently, the Zimbabwean Police has been sued for using lethal force on a Levison Ncube for violating the lockdown rules. The death brought the matters against the Zimbabwean Government in court on human rights violations to three.

In July 2020 at the peak of the pandemic, the government announced stricter measures to restrict movement. Police officers and soldiers armed with guns, sjamboks and different kinds of ammunition were stationed at major street corners, intersections and junctions in rural and urban areas. The mass arrests, abductions and assaults targeted journalists, human rights defenders, opposition activists and anyone else who was courageous enough to utilise their constitutional right to freedom of expression. Among the silenced were Jacob Ngarivhume and Hopewell Chin’ono, who were arrested for organising peaceful protests against corruption. In Spite of endless pleas by Zimbabweans, no attempt was made to address their concerns but instead, there was a systematic targeting of individuals and issuing of threats to citizens.

On 8 January 2021, Hopewell Chin’ono was arrested together with his lawyer Job Sikhala on charges of “communicating falsehoods”. Scholars and human rights activists have described this as “weaponisation of the criminal law in Zimbabwe” since the targeted victims are mainly members of the opposition party, human rights activists and journalists.

 Human Rights-related issues arising from COVID-19 responses of states

Right to health (including infrastructure, access to testing)

The country’s health system has been malfunctioning for quite a number of years. The outbreak of the COVID-19 pandemic further strained the system. This has been a result of the fact that the government is underfunding health services. The shortage of PPE equipment and ventilators in intensive care hospitals poorly remunerated and demotivated health workers who have been frequently striking were some of the factors that are self-defeating to the government’s COVID-19 protective and prevention measures. COVID-19 patients are finding it difficult to be admitted. This challenge is being faced by both public and private hospitals. Allegations of diversion of funds by the Ministry of Health have been reported.

The Zimbabwean Association of Doctors for Human Rights (ZADHR) has approached the High Court in Harare to compel the Government of Zimbabwe to provide basic healthcare infrastructure in order to be able to combat the pandemic. The Association claimed that more than 1,500 of their members do not have personal protection equipment.

This is also combined with the pre-pandemic health challenges like HIV/AIDS in the country. Currently, at least 12% of the population are living with HIV/AIDS and given the realities on health infrastructure, it is not immediately clear whether the government has made any special plans for these persons.

Right to housing (including homelessness, informal settlements, slums, shacks)

The government left 200 Harare based families homeless after demolishing their shacks without providing alternative homes. This happened in December 2020 during heavy rains and the ongoing pandemic https://www.voanews.com/africa/zimbabwe-city-evicts-families-amid-pandemic

In March 2021, Amnesty International recorded close to 12 000 families in Shangani Indigenous minority groups “facing eviction from their ancestral land in Chilonga” without the provision of alternative accommodation.

Right to water and sanitation

Currently, at least two million residents of the capital city of Harare have no household access to safe drinking water or adequate waste or wastewater disposal services. Section 77(a) of the Zimbabwean Constitution of 2013 provides that ‘every person has the right to safe, clean, and potable water.’ 

The challenge to access to safe water in Zimbabwe’s major cities was worsened by the outbreak of the pandemic. The problem was caused by recurring droughts and failure to import water chemicals. Charity organisations stepped up, particularly in 2020. People depended on open water sources where the practising of COVID-19 prevention measures like social distancing, was a challenge. In January 2021, heavy rains that were received throughout the country brought relief as the Zimbabwe National Water Authority (ZINWA) corporate communications and marketing manager Marjorie Munyonga told the state-run Herald newspaper that as of March 1 2021, Zimbabwe's dam level average had risen to 95.9 per cent. 

Right to food/ nutrition and other socio-economic rights

In a recent report by the World Food Programme (WFP), it is estimated that at least 60% of Zimbabweans will face a hunger crisis by December 2020 if nothing is done. The crisis is said to be precipitated by the biting triple effects of drought, economic recession and coronavirus in Zimbabwe.

Despite this dim outlook, the Zimbabwean government insists that it is on top of the looming hunger crisis even while current realities in the country shows otherwise.

Favourable rainfall experienced in 2020/21 is expected to significantly improve access to food, particularly in rural areas. In urban areas, with residents who are mainly market reliant, their access to food is being impacted by COVID-19 restrictions which limit their income-earning activities, mainly in the informal sector thereby lowering their purchasing power.

Economic impact/ impact small business/ employment social security networks

The right to work has been adversely affected in Zimbabwe since the lockdown began. The ZADHR had to approach the Court for provisioning of healthcare equipment also in April 2020, the Food Federation and Allied Workers Union of Zimbabwe (FFAWUZ) also had to approach the Ministry of Labour and Social Services to get adequate protective gear. In April 2020, Intercape – a Travel Bus Company laid off its works in Zimbabwe. The business also closed down in Zimbabwe cutting workers’ salaries by 50%.

The government also introduced several economic measures to manage the adverse impacts of COVID-19 which included a ZW$18billion economic recovery and the stimulus package. It was targeted at individuals, small businesses, and industries. Other government initiatives included the government’s assistance of ZW$200 to vulnerable families per month for 3 months effective in April 2020. The government also deferred rent and mortgage payments during the lockdown period starting from 1 April 2020 but the right to defer rentals and mortgage repayments was then terminated with effect from 30 June 2020.

Foreign currency traders, vegetable vendors and other informal workers cooperated with extreme 2020 coronavirus restrictions which prolonged for ten months. But when the government launched another lockdown in January 2021, they did not fully comply .

In response to prolonged lockdowns which negatively affected, particularly the informal sector which was not classified as part of ‘essential services’, the Zimbabwe Resilience Building Fund (ZRBF) funded Sizimele Consortium to develop and launch a mobile application called Sizimele. This application creates an online platform where food and agricultural related equipment and material are marketed. It was meant to keep informal buyers and sellers in close contact

Women (including domestic violence)

Women are currently facing challenges of lack of access to healthcare including maternal healthcare, sexual and reproductive rights in Zimbabwe. Several thousands of women and children have to queue for hours to get water from boreholes during the pandemic in Zimbabwe. Due to the biting economic hardship in Zimbabwe, there is a spike in child prostitution.

In 2020, the national GBV Hotline (Musasa) recorded a total of 6,832 GBV calls from the beginning of the lockdown on 30 March until the end of December (1,312 in April, 915 in May 2020, 779 in June, 753 in July, 766 in August, 629 in September, 546 in October, and 567 in November and 565 in December), with an overall average increase of over 40 per cent compared to the pre-lockdown trends. About 94 per cent of the calls are from women.

Children (including education)

The transition from traditional learning to a form of distance learning severely affected children who are underprivileged as they could not access information through digital means. As a result, 88 primary schools were reported to have recorded 0% pass rate. The Zimbabwe School Examination Council (ZIMSEC) Board chairperson Eddie Mwenje ascribed this failure to the pandemic. Schools had closed from 24 March and reopened only on 28 September 2020. The schools normally reopen at the beginning of the second week of January, however, the invention of the 30 days lockdown in January 2021 changed the academic calendar and necessitated the opening of schools on 22 March 2021. The implication was those poor childrenwithout access to electricity, television, radios and cell phones were further left behind in the 2021 academic year.

The Ministry of Education collaborated with the Ministry of Health and Child Care and invented Standard Operating Procedures (SOPs) in line with the World Health Organisation’s (WHO) COVID-19 prevention and protection guidelines that were to assist schools to create a safe learning environment for children in schools.

It was reported that young girls are currently being forced into early marriages due to the closedown of schools during the lockdown period. Also, there are reports that due to the economic impacts of the pandemic, children are currently working in mines and fields.

Persons with disabilities

It was reported that the government did not make any specific provisions for persons living with disabilities during the pandemic in Zimbabwe.

From the assessment conducted by the UNESCO Regional Office for Southern Africa on Persons with disabilities in Zimbabwe, it was revealed that lockdown restrictions weighed heavily on the livelihoods of persons with disabilities. Consequently, social ills such as anxiety, gender-based violence and lack of access to food, medical services are widely experienced among People With Disabilities.

LGBTI persons

Currently, according to a report, LGBTI persons are currently facing discrimination in accessing healthcare services in Zimbabwe. 

Indigenous persons

There is no publicly available information on indigenous persons at the time of preparing this report.

Migrants

The International Organisation for Migration (IOM) recorded a high number of Zimbabweans who returned home since the outbreak of the pandemic. The IOM survey revealed that decisions to return were linked to the negative impacts of the pandemic, which include, among others, loss of jobs and other sources of income, issues related to documentation, hunger and loss of accommodation.

Persons deprived of their liberty (persons in incarceration; police detention)

Zimbabwe’s prisons have a capacity of 17 000 prisoners but 22 000 were held. To reduce the spread of the pandemic, President, Emmerson Mnangagwa issued a presidential amnesty in 2021. 3 000 prisoners are gradually being released throughout the country’s prisons.

Right to life and bodily security (arrests; deaths as a result of the lockdown)

(See B6 above)

Freedom of assembly

A number of persons were arrested ahead and on the day of a protest on 31 July 2020 in Zimbabwe. 

Freedom of movement

At least 100,000 people have been arrested in Zimbabwe for flouting the lockdown rules. On 2 January 2021, SI 10 2021 was gazetted. It mandated workers in the Essential Services sector to carry copies of the Lockdown Exemption Letter. These letters were to be presented to authorities upon request, in roadblocks and checkpoints. This significantly restricted people’s freedom of movement as those who were not in the Essential Services Sector was compelled to stay at home.

Freedom of expression/ access to information/ privacy/digital rights 

Hopewell Chin’ono was arrested on 20 July 2020 for exposing the embezzlement of COVID-19 funds in Zimbabwe which he tweeted on his Twitter account. He also tweeted his arrest through the Twitter account. He was charged for incitement to participate in public violence. His bail applications were brought before the court three times and they were all denied. His Twitter account seems to have been suspended. On the fourth application, he was granted bail on 2 September 2020 with conditions including a bond of Z$10,000 and that he cannot use his Twitter account during the pendency of the case.

The controversial Article 14 of the Statutory Instrument 83, Public Health (COVID-19 Prevention, Containment and Treatment) (National Lockdown) Order, 2020 (hereinafter referred to as the Order) has been classified as a violation of regional and international freedom of expression standards. Article 14 of the Order criminalises the publication  or communication of “false news about any public officer, official or enforcement officer involved with enforcing or implementing the national lockdown”. Twenty year imprisonment is a fine attached to the violation of article 14 of the Order. This has been analysed as a means of using the pandemic by the government to unjustifiably and unreasonably restrict freedom of expression.

 Summary (analysis, trends)

Given the current state in Zimbabwe, the southern African country is under a biting strain which has now been accentuated by the COVID-19 pandemic. Reports show that Zimbabwe has been facing both political and economic challenges prior to the pandemic and these challenges, which include gross human rights violations, economic recession, high rate of unemployment, hunger crises have now risen to an unbearable level for Zimbabweans due to state-induced policies during the pandemic. 

The current situation in Zimbabwe shows a huge gap in public leadership and responsibility and democratic development. While this gap existed before the pandemic and is no less gaping, it has grown wider due to the multifaceted effects of human rights violations and economic mismanagement by public officials in Zimbabwe.