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Ask Takudzwa 28 – The Rights-Based National Order

2022-05-12

Author(s): Scott Douglas Jacobsen

Publication (Outlet/Website): Canadian Atheist

Publication Date (yyyy/mm/dd): 2020/05/09

Takudzwa Mazwienduna is the informal leader of Zimbabwean Secular Alliance and a member of the Humanist Society of Zimbabwe. This educational series will explore secularism in Zimbabwe from an organizational perspectiveand more.

Here we talk about the rights for the non-religious in Zimbabwe.

Scott Douglas Jacobsen: The rights and freedoms enshrined in the Zimbabwean Constitution provide a context for things secularists (properly understood as Zimbabwean constitutionalists, as Zimbabwe is a constitutional republic) can do and can’t do in Zimbabwean society within the stipulated rights and freedoms. What is an important point for comprehension of the times when Zimbabwe transitioned from Rhodesia?

Takudzwa Mazwienduna: The Zimbabwean government practices the rule by law instead of the rule of law in colonial fashion. This is not the only instance in the constitution that contradicts the principles of constitutionalism. That part in the 2013 constitution however was a little progressive, an improvement from the previous law POSA (Public Order and Security Act) and AIPPA (Access to Information and Protection of Privacy Act) which made freedom of speech completely non existent. A lot of people who criticized the government or formed unauthorized meetings were arrested under these laws until 2013.

Jacobsen: To clear out the cobwebs and the dust in the attic here, Zimbabwe’s Constitution of 2013 in PART 9: GENERAL MATTERS RELATING TO PARLIAMENT 148. Privileges and immunities of Parliament 1 states the “President of the Senate, the Speaker and Members of Parliament” have, more or less, full freedom of speech privileges for the purposes of the elected or appointed roles. To Canadians, and the United Nations, this contrasts with “Freedom of Expression” as the utilized phrase in the case of the Universal Declaration of Human Rights in Article 19 and the Canadian Charter of Rights and Freedoms in Article 2(b). We see “Freedom of Speech” language acutely in the Constitution of the United States of America in Amendment 1. Any idea as to the language differences seen in this particular section of Zimbabwe’s Constitution of 2013?

Mazwienduna: When Zimbabwe transformed from Rhodesia, most of the old laws were retained except those that preserved white privilege. Equality was the order of the day and the 1980s were characterized by reforms that sought to uplift the formerly subjugated black Zimbabweans.

Civic awareness however remained and still remains a big problem. It explains how the government manages to get away with so many violations to the constitution.

Jacobsen: Zimbabwe’s constitution limits the freedom of expression, in an earlier section devoted to the more generalized form of communication terminology, in the case of hate speech. This becomes another time in which the term “speech” emerges in the constitution. Only in relation to the particularized idea of hate speech rather than speech in and of itself. Have any cases arisen relevant to humanists on the subject matter of hate speech against them?

Mazwienduna: The Humanist society in Zimbabwe has benefited from this law in 2017. In one particular instance, a government official who was the Master of Ceremonies at the former president Robert Mugabe’s birthday talked down on non Christians and asserted that Zimbabwe is a Christian nation before leading everyone into prayer. After some members of the Humanist Society of Zimbabwe raised their concerns referencing his stunt as hate speech, the government official wrote an official apology setting an example for other politicians never to do the same. It was one of those rare moments where the law was upheld and it brought hope to all of us.

Jacobsen: Any particular cases of hate speech without consequences while a common occurrence against non-believers in Zimbabwe?

Mazwienduna: The Non Believers in Zimbabwe have generally been safe as far as the law and government is concerned. It is the individual families and society that is ultra religious that is the problem for most.

Jacobsen: A rights-based order represents a humanistic or Humanist enterprise in ethics concretized in print for legal structure of a society compared to a Holy Law-based framework grounded in religious belief structure, text, authorities, and sentimentalities. Any rights-based moral structure separates the divine from the mundane. Thus, secular constitutions become Humanist constitutions in the most fundamental way. The rest becomes details. Zimbabwe, in this manner, wrote a humanist constitution. How does a humanist constitution and a secular society permit the religious and non-religious to live in more harmony together than a religious/theocratic one?

Mazwienduna: The Zimbabwean constitution has given humanists and non religious people the security of legal protection should they face persecution from the religious. This has also protected minority religions, notably African Traditional religions, Muslims, Hindus, Buddhists, Taoists and even Neo Pagans. The Zimbabwean society however remains mostly conservative fundamentalist Christians who break these secular laws a lot by praying in public spheres or holding church meetings in schools and continue to as long as no one reports them. There should be more enforcement of the country’s secular laws and individual humanists have done a great job bringing a lot of such cases to the attention of the authorities.

Jacobsen: Thank you for the opportunity and your time, Takudzwa.

Mazwienduna: It’s always a pleasure Scott.

License

In-Sight Publishing by Scott Douglas Jacobsen is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Based on a work at www.in-sightpublishing.com.

Copyright

© Scott Douglas Jacobsen and In-Sight Publishing 2012-Present. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Scott Douglas Jacobsen and In-Sight Publishing with appropriate and specific direction to the original content. All interviewees and authors co-copyright their material and may disseminate for their independent purposes.

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