Zimbabwe

The Republic of Zimbabwe is an entirely landlocked sovereign state in southern Africa, with a population of approximately 14.6 million.[ref]https://data.worldbank.org/indicator/SP.POP.TOTL?locations=ZW[/ref] Zimbabwe is declared a secular state, but the government is strongly influenced by Christianity.

Since acquiring its independence in 1980, the state has been dominated by the liberation party, ZANU-PF (Zimbabwe African National Union-Patriotic Front). The party’s reign has been characterised by the systematic abuse of the freedoms of belief, expression, assembly among other human rights. Since he came to power in 2018, the current President, Emmerson Mnangagwa, has failed to live up to his commitments to human rights reforms.[ref]https://www.hrw.org/world-report/2020/country-chapters/zimbabwe[/ref]

Approximately 87% of the population belong to various Christian denominations which are often intertwined with traditional indigenous animist beliefs. There are also small numbers of adherents to Islam, Greek Orthodox, Hinduism, and very few openly atheist/non-religious persons.[ref]https://www.cia.gov/library/publications/the-world-factbook/geos/zi.html[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report
The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand
No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment
The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Severe Discrimination
Systemic Discrimination
Mostly Satisfactory

Constitution and government

The Zimbabwean Constitution[ref]https://www.parlzim.gov.zw/component/k2/download/1290_da9279a81557040d47c3a2c27012f6e1[/ref] references a deity twice within the preamble which affirms “acknowledging the supremacy of Almighty God, in whose hands our future lies” and “imploring the guidance and support of Almighty God”.

However, there is no official state religion in Zimbabwe. Article 60 of the Constitution guarantees “freedom of thought, opinion, religion or belief; and freedom to practise and propagate and give expression to their thought, opinion, religion or belief, whether in public or in private…”

The government does not require religious groups to register; however, religious groups operating schools or medical facilities must register those institutions with the appropriate ministry. Religious groups, as well as schools and medical facilities run by religious groups, may receive tax-exempt status. Religious groups may apply for tax-exempt status and duty-free privileges with the Zimbabwe Revenue Authority (ZIMRA), which generally grants these requests.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/zimbabwe/[/ref]

Religious Bias

There are reports of a strong and far reaching bias in the public sphere and in the political community towards Christianity. Church attendance is increasingly politicised. Many of the country’s political elites are affiliated with the churches and it is reported that the Anglican Church in particular holds a position of pronounced bilateral influence and cooperation with the state. There are also reports of religious bias making inroads into journalistic news.[ref]archive.frontpagemag.com/readArticle.aspx?ARTID=35012[/ref]

State bias towards religion has also manifested itself during the COVID-19 pandemic in the form of presidential calls for National Prayer Days. During one such event, the President is reported to have intimated that such a pandemic comes “as a warning to people to leave their sinful ways. As such, President Mnangagwa said Zimbabweans had two choices to make in light of the pandemic; either to repent and seek God’s help or continue to live in defiance of his word.” Throughout the event, prayer was touted as the way to eradicate the pandemic.[ref]https://allafrica.com/stories/202006160241.html[/ref]

Education and children’s rights

All schools are under state control with the Ministry of Primary and Secondary Education setting curricula for public primary and secondary schools. The state guarantees quality education for all. However, standards of education vary widely between urban and rural areas.[ref]https://www.herald.co.zw/the-rural-urban-education-divide[/ref]

Following contentious reforms to the public school curriculum in 2017, religious education – while still primarily focussed on Christianity – now includes reference to other world religions and places an emphasis on religious tolerance. There appears to be no provision for teaching humanist or secular alternatives. [ref]https://files.eric.ed.gov/fulltext/EJ1213174.pdf; https://www.state.gov/wp-content/uploads/2019/01/Zimbabwe-2.pdf[/ref] Many public primary schools provide compulsory religious education classes from which there is no possibility of opting out. However, students are able to opt out of religious education in public secondary schools.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/zimbabwe/[/ref]

The government does not regulate religious education in private schools but must approve employment of headmasters and teachers at those schools.[ref]https://www.state.gov/reports/2019-report-on-international-religious-freedom/zimbabwe/[/ref] According to Zimbabwean Atheists, private religious schools are able to discriminate on the basis of religious affiliation and students are mandated to participate in the respective Christian rights. In practice, many of the best performing schools are reported to be mission schools established during the colonial era.

Family, community and society

Child marriage

Despite Zimbabwe’s Constitutional Court having declared child marriage unconstitutional[ref]https://www.girlsnotbrides.org/girls-voices/ruvimbo-child-bride-got-zimbabwe-constitutional-court-to-say-no-child-marriage/; https://uk.reuters.com/article/us-zimbabwe-childmarriage/zimbabwe-court-bans-child-marriage-after-challenge-by-former-child-brides-idUSKCN0UY27H[/ref], the government has failed to put in place structures to implement the court’s decision and ensure that girls under 18 are not forced into marriage.[ref]https://www.hrw.org/world-report/2020/country-chapters/zimbabwe[/ref]

According to Girls Not Brides, 32% of girls in Zimbabwe are married before the age of 18 and 4% are married before their 15th birthday.[ref]https://www.girlsnotbrides.org/where-does-it-happen/atlas/zimbabwehttps://www.dhsprogram.com/pubs/pdf/FR322/FR322.pdf[/ref] Among the drivers listed is religion, particularly indigenous apostolic churches and evangelical sects that mix Christian beliefs with traditional cultures.[ref]https://storage.googleapis.com/wzukusers/user-28924863/documents/5c9b61e4a7850qfNTEEq/DRJ-JEF2019V4-2A6.pdf[/ref] Men in the church are reportedly entitled to marry girls to shield them from pre-marital sex.[ref]https://www.hrw.org/news/2015/11/25/zimbabwe-scourge-child-marriage[/ref]

In 2017, Zimbabwe committed to eliminate child, early and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals.[ref]https://sustainabledevelopment.un.org/sdg5; https://www.girlsnotbrides.org/where-does-it-happen/atlas/zimbabwe[/ref]

Women’s rights

According to Human Rights Watch,

“The Matrimonial Causes Act[ref]http://www.veritaszim.net/node/150[/ref] technically allows for equitable distribution of property between spouses at divorce, considering direct and indirect contributions, such as raising children and caring for the family and household. But in practice, provisions of this law have not been fully applied and many women lose their property when a marriage ends or the husband dies, while men and their families keep everything.”[ref]https://www.hrw.org/sites/default/files/report_pdf/zimbabwe0117_web.pdf; https://www.hrw.org/world-report/2020/country-chapters/zimbabwe#e0c9cf[/ref]

LGBTI+ rights

Zimbabwe does not recognise same-sex marriage or civil unions. In 2013, the Zimbabwe Constitution Article 78(3) was amended to define marriage as being only between a man and a woman. Homophobia in the state exists mostly due to Christian and traditional values.

In May 2019, the Cabinet approved amendments to Zimbabwean marriage law, which would ban both child marriages and same-sex marriages, bringing it into line with the Constitution.[ref]https://www.newsday.co.zw/2019/05/gays-lesbians-cant-marry-cabinet/[/ref]

Section 73 of the Criminal Law (Codification and Reform) Act, 2004 punishes consensual same-sex conduct between men with up to one year in prison or a fine or both.[ref]https://www.hrw.org/world-report/2020/country-chapters/zimbabwe#e0c9cf[/ref]

Members of the LGBTI+ community are subject to severe social stigma, discrimination and harassment. Many are forced to hide their sexual identity in order to secure their safety.[ref]https://www.washingtonblade.com/2019/05/07/transgender-activist-from-zimbabwe-receives-asylum-in-us/[/ref]

Freedom of expression, advocacy of humanist values

Despite guarantees of freedom of expression in the Constitution, this right is limited in practice, with journalists, political and human rights activists critical of the government particularly at risk of falling foul of the law.[ref]https://ifex.org/afex-condemns-attacks-on-journalists-in-zimbabwe/[/ref]

In 2019, at least five people were charged with insulting or undermining the authority of President Mnangagwa.[ref]https://www.amnesty.org/en/countries/africa/zimbabwe/report-zimbabwe/[/ref]

Freedom of expression organizations on the ground warn of a deteriorating climate for the right, highlighting the government’s increasing use of surveillance in order to crack down on perceived “subversion.”[ref]https://ifex.org/right-to-privacy-under-threat-in-zimbabwe/[/ref]

Media freedom

Despite many promises, the authorities have failed to license any community radio stations and the country still has only one television station with a broadcasting license since its independence in 1980, resulting in lack of media plurality and diversity.[ref]https://www.amnesty.org/en/countries/africa/zimbabwe/report-zimbabwe/[/ref]

Although Article 61(3c) of the Constitution affirms media freedom and the importance of being afforded “fair opportunity for the presentation of divergent views and dissenting opinions”, state sponsored political violence is an ongoing and chronic problem in Zimbabwe. Human rights defenders are known to have faced harassment, arbitrary arrest and violence at the hands of the authorities. Elections have been marked by political violence, with anti-government critics, journalists and even religious leaders being harassed and oppressed.

In July 2020, the authorities arrested award-winning journalist Hopewell Chin’ono under Section 164 of the Criminal Law (Codification and Reform) Act on charges of inciting violence in connection with his reports on government corruption and anti-government demonstrations.[ref]https://www.aljazeera.com/news/2020/08/24/zimbabwe-court-denies-bail-to-hopewell-chinono-for-third-time/[/ref]

The authorities have used COVID-19 as a pretext to arrest journalists seeking to cover the government’s handling of the pandemic, subjecting them to brief detentions and beatings despite displaying their press accreditation.[ref]https://rsf.org/en/news/five-zimbabwean-reporters-arrested-while-covering-coronavirus-lockdown; https://ifex.org/two-zimbabwean-journalists-arrested-under-covid-19-lockdown-regulations/[/ref] The situation led to the Zimbabwean High Court’s intervention preventing police from obstructing the work of journalists.[ref]https://bulawayo24.com/index-id-news-sc-national-byo-183811.html[/ref]

Under one of the provisions relating to restrictions during the COVID-19 pandemic adopted by the authorities on 28 March 2020, reporting “false news” about officials responsible for enforcing the lockdown is punishable by up to 20 years in prison.[ref]https://www.veritaszim.net/sites/veritas_d/files/SI%202020-083%20Public%20Health%20%28COVID-19%20Prevention%2C%20Containment%20and%20Treatment%29%20%28National%20Lockdown%29%20Order%2C%202020.pdf[/ref]

De facto “blasphemy” law

Section 42 of the Penal Code[ref]https://www.refworld.org/docid/4c45b64c2.html[/ref] stipulates that “causing offence to persons of a particular religion” which is defined as “any system of beliefs associated with practices of worship that is adhered to by any significant body of persons in Zimbabwe or any other country” could result in a significant fine and / or imprisonment for up to one year. This law is explicitly recognised and codified as Blasphemy in the Correspondence of Common Law Crimes with Codified Crimes. Though this law appears on the statute books there are no available reports of citizens being charged with this specific offense.[ref]https://www.loc.gov/law/help/blasphemy/index.php#Zimbabwe[/ref]

Crackdown on protests

International human rights organizations report that the government has routinely suppressed the freedoms of its citizens to peaceful assembly and association, using lethal and excessive force to disperse peaceful demonstrations.[ref]https://www.amnesty.org/en/countries/africa/zimbabwe/report-zimbabwe/; https://www.hrw.org/world-report/2020/country-chapters/zimbabwe#e0c9cf; https://www.hrw.org/news/2018/08/03/zimbabwe-least-6-dead-post-election-violence[/ref]

In January 2019, the government instructed internet service providers to shut down the internet, ostensibly to curtail sharing of information and reporting during the public protests against fuel and food price increases.[ref]https://www.amnesty.org/en/countries/africa/zimbabwe/report-zimbabwe/[/ref]

Proposals to amend or repeal repressive laws, including the Public Order and Security Act (POSA), which was widely used to quash peaceful protests, fail to adequately protect the right to freedom of assembly and would provide law enforcement agencies with broad regulatory discretion and powers.[ref]https://www.hrw.org/world-report/2020/country-chapters/zimbabwe#e0c9cf[/ref]

In July 2020, the authorities launched what has been described by Amnesty International as a “witch-hunt” against the political and human rights activists suspected of being behind a planned anti-corruption demonstration. The authorities are reported to have arrested or abducted at least six human rights activists suspected of involvement in the protests, leading many others to go into hiding. According to Amnesty, “[i]n the lead up to today’s planned protests, authorities have been beefing up security in main cities, including sealing off the Harare Central Business District, under the pretext of enforcing COVID-19 regulations.“[ref]https://www.amnesty.org/en/latest/news/2020/07/zimbabwe-authorities-thwart-anti-corruption-protests-launch-a-witchhunt-against-activists/[/ref]