Role of NHRIs in Advancing Business and Human Rights Dr. M Role of NHRIs in Advancing Business and Human Rights Dr. M. Makonese Executive Secretary/ZHRC

A NHRI is an institution with a constitutional and/or legislative mandate to protect and promote human rights. NHRIs are independent, autonomous institutions that operate at national level.

Paris Principles Relating to the Status of National Institutions Developed by NHRIs and adopted by the UN General Assembly through Resolution 48/134 of 20 December 1993 They define common attributes that all new and existing NHRIs should possess NHRIs are supposed to be compliant and accredited with the GANHRI (A status – full compliance; B status – partial compliance; C status – non compliant) ZHRC has an A status accreditation with the GANHRI (Granted in May 2016) and therefore fully compliant

The Paris Principles set out six criteria that NHRIs should meet to be successful. A broad mandate Autonomy from government and other influence (guaranteed by the Constitution) Independence (appointment and reporting structure – preferably Parliament)

4. Pluralism i. e. diversity 5. Adequate resources 6 4. Pluralism i.e. diversity 5. Adequate resources 6. Adequate powers to investigate ***These will be elaborated through the various functions of the Units within ZHRC

ZHRC The ZHRC is the NHRI for Zimbabwe The ZHRC was created in February 2009 through Constitutional Amendment Number 19 (Section 100R of the 1980 Constitution) A product of the GPA Negotiations The first Commissioners were appointed in March 2010. It became fully operational in June 2014

The ZHRC is now established in terms of Sections 232 and 242 of the Constitution of Zimbabwe Amendment No 20 of 2013 It is one of the five Chapter 12 Independent Commissions Supporting Democracy Section 243 of the Const stipulates the functions of ZHRC

The ZHRC is also a Hybrid Institution in that it is the NHRI and Public Protector for Zimbabwe Hybrid institutions have “multiple mandates”. They do not only protect and promote human rights, but also prevent maladministration/promote administrative justice and prevent corruption.

ZHRC as a Public Protector Given the role through Section 16 of the Sixth Schedule to the Constitution of Zimbabwe, 2013 which: - Repealed the Public Protector Act, and - Transferred roles and responsibilities of the Public Protector to the Zimbabwe Human Rights Commission (including pending cases on the effective date)

Roles and Functions of the ZHRC The roles and functions of the ZHRC are provided for in Section 243 of the Constitution Elaborated through the Commission’s Programming……

The 3 Programmes Departments are; Education, Promotion and Research Complaints Handling and Investigations Monitoring and Inspections ***Compliment each other

Education, Promotion and Research…. Responsible for conducting research into human rights issues - Impact of business activities on HR, propose recommendations for addressing challenges as identified through research Education and human rights awareness - with business, communities, civil society and state entities e.g. those responsible for licensing and permitting

Complaints Handling and Investigations… Receiving and processing of complaints from the public - By those affected by business operations; pollution, loss of land/encroachment/evictions etc Carrying out investigations on human rights violations - Following complaints, at own instance, through monitoring Proposing suitable redress to complaints raised - To businesses, state as the main protector of Human Rights and relevant other entities

Complaints Cont’’’’ HELLO……………….

Monitoring and Inspections….. Monitoring of the general human rights situation in Zimbabwe - Through the media, stakeholder engagements and interactions, inspections and visits etc Proposing recommendations to relevant stakeholders - Simply as a result of monitoring or following an in-depth investigation

ZHRC Mandate and the UPR Process All ZHRC work linked directly to the UPR Process; to assess a country’s level of compliance with the international human rights framework The UN General Assembly and the Human Rights Council have welcomed and reaffirmed the important role of NHRIs in the UPR process. Human Rights Council in resolution 5/1 confirmed the important role of NHRIs in Working to implement UPR recommendations, even though the primary responsibility for this lies with the State.

ZHRC Mandate and the UPR Cont’d Issues related to business and human rights raised at the UN Human Rights Council through the UPR process One of the UPR recommendations for Zimbabwe from the 1st Cycle Review process (by Canada) was that the government must: Take concrete steps to comply fully with the minimum standards of the Kimberly Process, including by increasing accountability and transparency in the use of profits from natural resources, and investigating any credible allegation of human rights abuses. (the recommendation was noted by Government) A NHRI participates throughout all the stages of the UPR process and therefore helps in identification of key business and human rights issues to ensure presentation, discussion and eventual implementation by the country in line with international human rights provisions and best practices.

Thematic Working Groups Thematic Working Groups are established in terms of the Zimbabwe Human Rights Commission Act (Chapter 10:30), Section 3(2) as read with the First Schedule paragraph 7. The working groups are created to take responsibility for the specialized thematic issues they focus on. This is important to draw on stakeholder expertise and promote a sense of participation and ownership of the Commission’s programs, strategies, and decisions. Working groups also help in building and strengthening networks and coordination on issues of common interest. These groups report back to the full Commission so that all members remain aware of what is happening and can have a say in the process.

Thematic Working Groups Cont’d Members include CSOs, Government Ministries/Departments, Business, Academia, labour etc Currently 8 TWGs within the ZHRC Main TWG focusing on business and HR is the TWG on Environmental Rights It has helped in identifying key business and human rights issues which in turn have informed the Commission programming and focus on tailoring recommendations to various actors to address this important issue. Interaction with key actors helps in ensuring implementation of resolutions and recommendations of the Commission

Thematic Working Groups Cont’d Often people have the view of the NHRI as an investigator of violations. But TWGs help in creating platforms for engagement as well so that issues can be addressed without confrontation whenever possible.