By Veritas Zimbabwe
INTERNATIONAL DAY FOR UNIVERSAL ACCESS TO INFORMATION
[10th October 2024]
The Death Penalty Protects No one: Abolish it Now!
“The death penalty serves no one. It doesn’t serve the victims. It doesn’t serve prevention. It’s truly all about retribution… There comes a time when you have to ask if a penalty that is so permanent can be available in such an imperfect system.
The only guarantee against executing innocent people is to do away with the death penalty.”
—Jeanne Woodford
This year marks the 22nd anniversary of World Day Against the Death Penalty.
According to the Annual report of the United Nations High Commissioner for Human Rights,170 States have abolished the death penalty, or introduced a moratorium on it, either in law or in practice or have ceased executions for more than 10 years.
Zimbabwe currently falls under countries that do not carry out executions and have not done so for the past 10 years.
In 2023 the momentum towards abolition in sub-Saharan Africa continued, with Equatorial Guinea and Zambia abolishing the death penalty for all crimes while Ghana abolished it for all crimes except high treason.
Various domestic processes towards abolition of the death penalty are ongoing in other countries too:
· In Liberia, the Senate adopted a Bill to abolish the death penalty, which is currently under consideration by the House of Representatives. Liberia has pledged to abolish the penalty by the end of this month.
· In Kenya, the National Assembly completed its first reading of a Bill that would amend the country’s penal code to abolish the death penalty.
· In Côte d’Ivoire, the Senate adopted a law authorizing the ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty.
· Chad, the DRC and Côte d’Ivoire made formal pledges, in the context of the Human Rights 75 initiative, to ratify the Second Optional Protocol to the Covenant by the end of December 2024.
Zimbabwe: The Journey Towards Abolition
Following many years of advocacy, on November 15, 2023, Hon Edwin Mushoriwa sought leave to introduce a Private Member’s Bill in the National Assembly to abolish the death penalty.
The National Assembly swiftly approved his motion on November 16, 2023, and the Bill underwent its first reading that same day.
The Bill garnered significant bipartisan support, demonstrating a growing consensus among Zimbabwean lawmakers on this important issue.
But to say that our journey towards abolition has been plain sailing would be far from the truth: the law-making process has seen delays and setbacks.
Progress on the Bill was slowed by the recall of opposition Members of Parliament. Then immediately after its first reading the Bill received an adverse report from the Parliamentary Legal Committee, which was initially a sticking-point until public hearings and the Executive’s support for the Bill created enough pressure to lead to the adverse report’s withdrawal.
On May 28, 2024, the Bill began its second reading and was then taken over by the Minister of Justice, Legal and Parliamentary Affairs; it is now a Government Bill. There has been no further progress however.
The first session of the 10th Parliament ended on October 2 2024 without the Bill having receiving its second reading. The reason for the delay is unclear.
While the prospect of abolishing the death penalty in Zimbabwe is encouraging, it is crucial that the Government’s commitment to this goal remains unwavering and unaffected by political considerations.
Any progress towards abolition must be substantive and not merely symbolic. As we proceed towards abolition the government should not enact new laws, such as Section 22A of the Criminal Law (Codification and Reform) Amendment Act, which appear to reinstate the death penalty for certain crimes.
This Year’s Theme
This year’s theme is:
“The death penalty protects no one. Abolish it now!
The death penalty does not deter crime. It undermines human dignity and disproportionately targets marginalised groups. It exacerbates social and economic disparities. It does not recognise the agony of its hidden victims – the families of accused persons.
To create safer, more equitable communities, we must address the root causes of crime and violence, and must prioritise the well-being of all individuals.
Conclusion
Opposition to the death penalty does not indicate a lack of sympathy for murder victims and their families, but the death penalty does nothing for their welfare.
If we stand by and watch our government execute its own citizens on our behalf, in the name of justice, we become accomplices in further killings.
Veritas calls upon Parliament to expedite the passing of the Death Penalty Abolition Bill.
