The utility of the universal periodic review in the implementation of the right to peaceful assembly and association in Zimbabwe: case of third cycle review

Abstract

This study assesses the utility, impact or efficacy of the Universal Periodic Review (UPR) mechanism in holding to account the Zimbabwean government in the implementation of human rights, including the right to peaceful assembly and association. The UPR is a United Nations (UN) Member-State driven peer review mechanism that provides the opportunity for each State to identify key human rights issues and challenges as well as periodically declare what actions it has taken to improve human rights situations and fulfil human rights obligations. This study is anchored on the need to fill the legal gap which is suspected to continue to exist as a result of the utility of the UPR mechanism in implementing various rights in Zimbabwe including the right to peaceful assembly and association. The problem arises from the inherent scepticism towards Zimbabwe’s participation in the UPR mechanism that it does not add any real value to the human rights system because it is flawed, given its dependence on the goodwill of other interested states who may be in similarly placed circumstances of having poor human rights records, yet they review Zimbabwe. Thus, the inquiry of this study is to assess whether the UPR is institutionally robust to undertake real scrutiny and hold Zimbabwe accountable for human rights violations in the field of the right to peaceful assembly and association in the eyes of human rights violations of violently managing assemblies and quashing dissent which authorities see as a result of exercising the right to association by demonstrators or petitioners. The major method used in this study consists of desktop research which focuses on understanding the extent to which the UPR mechanism has been effective in the implementation of the right to peaceful assembly and association in Zimbabwe. Secondary data collection and analysis is also undertaken on how the UPR mechanism has fared in turning around the human rights fortunes of Zimbabwe with specific focus on the right to peaceful assembly and association.