The citizens of Zimbabwe constitute both the religious (traditionalists, Christians, Muslims, Hindus, Buddhists, Jews, etc) and non-religious (humanists and atheists). All these people are protected by the constitution as follows:
1. Humanity - in Zimbabwe, no one can be constitutionally denied his/her humanity because of religious affinity and affiliation or lack of it. The recognition of the inherent human dignity and worth of each and every human being is sections 3(f), 48 and 51.
2. Citizenship - in Zimbabwe, no one can be constitutionally denied citizenship because of religious affinity and affiliation or lack of it. Section 35(2), affirms that “all Zimbabwean citizens are equally entitled to the rights, privileges and benefits of citizenship and are equally subject to the duties and obligations of citizenship.”
Section 35(3)(a) further declares that all Zimbabwean citizens are entitled to the rights and benefits, in addition to any others granted to them by law to the protection of the State wherever they may be.
3. Basic rights - in Zimbabwe, no one can be constitutionally denied the right to privacy, association and expression because of being a religious affinity and affiliation or lack of it. The recognition of inalienable or fundamental human rights and freedoms is in sections 3(c) and 49.
According to section 86(1) of the constitution, fundamental rights and freedoms as set out in Chapter 4 (sections 44-87) can be limited so that they are exercised reasonably and with due regard for the rights and freedoms of other persons. Such fundamental rights and freedoms may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors, including:
i. the purpose of the limitation, in particular whether it is necessary in the interests of defence, public safety, public order, public morality, public health, regional or town planning or the general public interest – section 86(2)(b);
ii. the need to ensure that the enjoyment of rights and freedoms by any person does not prejudice the rights and freedoms of others – section 86(2)(d);
iii. the relationship between the limitation and its purpose, in particular whether it imposes greater restrictions on the right or freedom concerned than are necessary to achieve its purpose – section 86(2)(e); and
iv. whether there are any less restrictive means of achieving the purpose of the limitation – section 86(2)(f).
Based on section 86(3), there are inviolable or absolute rights which for which no law may limit or any person violate the following rights enshrined in Chapter 4 of the constitution
i. the right to life, except to the extent specified in section 48;
ii. the right to human dignity;
iii. the right not to be tortured or subjected to cruel, inhuman or degrading treatment or punishment;
iv. the right not to be placed in slavery or servitude;
v. the right to a fair trial;
vi. the right to obtain an order of habeas corpus as provided in section 50(7)(a).
While the Constitution of Zimbabwe states “the Almighty God” in the preamble, the mention does not supersede the bill of rights and all the constitutionally guaranteed freedoms and rights and therefore it is of no legal consequence to those who don’t recognise any God.
4. Consenting relationships - in Zimbabwe, when two consenting adults enter into a relationship and their union is a private matter and the constitution doesn’t empower the police or fellow citizens to be peeping Toms. Section 57 guarantees the right to privacy to everyone, and this includes the right not to have:
* their home, premises or property entered without their permission;
* their person, home, premises or property searched;
* their possessions seized;
* the privacy of their communications infringed; or
* their health condition disclosed.
5. Private voluntary association of the religious and non-religious - in Zimbabwe, this is constitutionally guaranteed and protected. Religious and non-religious organizations are private and voluntary associations recognised in terms of section 58 for the freedom of assembly and association. The freedom to associate necessarily includes the freedom to disassociate. Likewise the freedom to assemble includes the freedom not to be part of any group. Zimbabweans are not forced therefore to be members of any religious or secular organization.
Section 60 of the Constitution guarantees the freedom of thought and conscience and the profession of religious views or lack of them.
Every person has the right to choose freely his/her position toward religion, has the right to profess a desired religious view or not to profess any religious view, to engage in religious activities and ceremonies individually or collectively with other citizens. The validity of other religious persuasions and the non-religious is therefore constitutionally recognised and protected. Nobody should be apologetic about it nor seek any favour or validation from anybody.
The right of freedom of thought and conscience is subject only to such restrictions which are necessary to ensure the following: 1) public law and order, 2) public health, and 3) the defense of the reciprocal rights and freedoms of other citizens – sections 60(1)(5) and 86(2)(b) and (d). This means that all citizens are on the level in respect of rights and responsibilities arising out of the constitutionally guaranteed freedom of conscience. Where there is a conflict between one’s (non)religious convictions and the Constitution and law, the (non)religious person and religious organisation shall abide by the Constitution and law.
The accurate representation is that Zimbabwe is a secular republic and a constitutional democracy that recognizes the multiplicity and diversity of the religious and non-religious of its citizens.
6. Freedom of expression - in section 61, the constitution guarantees that every person has the right to freedom of expression, which includes:
i. freedom to seek, receive and communicate ideas and other information;
ii. freedom of artistic expression and scientific research and creativity; and
iii. academic freedom.
7. Relationship between the State and citizens - there is a clear demarcation and separation between the pluralistic and diverse public sphere and the private and voluntary religious space to protect religion from State interference and protect the individuals who otherwise will not want unwarranted or coercive religious influence unless voluntarily subscribed or affiliated to.
This provides a recognition of the independence of the Public Sphere for the state from religion and of the religious sphere from the state’s involvement. It is an acknowledgement of a religiously and culturally pluralist and diverse Zimbabwe:
1) To disallow any attempt to use State power and public resources or Public Sphere to advance, promote or impose a favoured or authorised version of a religious view and convictions and practices over others;
2) To disagree on the notion of what is absolute about religious views and convictions and cultural practices and to promote the validity of religious and non-religious living together harmoniously;
3) To allow each other to freely promote and express own religious and non-religious views and convictions and practices in the privacy of families and private and voluntary associations; and
4) Not to give specific authority, priority or preference to religious figures and views, as they should be treated just like any other citizen on matters of public interest and common good like any other social community.
This means public officers, institutions and resources, constitutionally:
1) Should not compel any citizen to adhere to a religious view nor prescribe or impose any favoured and preferred religious views on citizens.
2) Should not register, regulate nor interfere nor get involved in the activities and internal affairs of any religious organization as long as they operate in accordance with the Constitution of Zimbabwe and the generally applicable laws.
3) Should not impose any public power on any religious organization except in the general enforcement and application of the law.
4) Should not finance or promote activities of religious organizations and their interests.
5) Should ensure that religious education in public schools is not biased towards one kind of religious persuasion but be based on fair comparative religious studies inclusive of non-religious studies of ethical humanism. All public schools and institutions should be religiously neutral so that the State and its agents do not engage in religious proselytizing in respect of a favoured or preferred religion or religious view.
The 2013 constitution of Zimbabwe is secular and very progressive as it robustly protects the voluntary, private and personal sphere for which any religious affinity, affiliation and practices or lack of are part of.
Those who are religious and non-religious (humanists and atheists) have nothing to fear and get worried about their own individuality and exercise of human rights, freedoms and liberties.
As a word of caution, the people of Zimbabwe need to ensure there is robust and sustainable awareness to the legal and practices for secularism as explicitly required by the constitution because Zimbabwe is a secular republic [section 1] and a constitutional democracy [section 3(a)].
The author is a humanist member of the Humanist Society of Zimbabwe and for feedback email, shingaindoro@gmail.com or Twitter, @shingaiRndoro. A gallery of previous articles, www.sundaymail.co.zw/author/shingairukwata
