Wednesday, July 8, 2009
Our guide to a democratic constitution: THE ZIMBABWE YOUTH CHARTER
ZIMBABWE YOUTH CHARTER
GUIDED by The Universal Declaration of Human Rights,
DIRECTED by the vision, hopes and aspirations of the People of Zimbabwe,
ENCOURAGED by the basis of the resolution of the Heads of State and government during the 1999 Algiers Summit for the development of the Pan-African Charter,
UPHOLDING the values and ideals of the Zimbabwean tradition and history as the foundation of a truly Zimbabwean identity,
FULLY AWARE of the diversity of Zimbabwean cultures and their bearing to our unity as a people,
CONVINCED that because of perpetuity, the youths of Zimbabwe are the only sustainable resource in the fight for national development,
REAFFIRMING the need to take appropriate measures to promote and protect the rights and welfare of children as outlined in the Convention of the Rights of the Child (1989) and through the African Charter on the Rights and Welfare of the Child (1999),
NOTING with concern the situation of Zimbabwean youths , many of whom are marginalized from mainstream society through inequalities in income, wealth and power, unemployment and underemployment, infected and affected by the HIV/AIDS pandemic, living in situations of poverty and hunger, experiencing illiteracy and poor quality educational systems, restricted access to health services and to information, exposure to violence including gender and political violence and experiencing various forms of discrimination.
RECALLING the United Nations World Programme of Action for Youth to the Year 2000 and beyond and the ten priority areas identified for youth (education,
employment, hunger and poverty, health, environment, drug abuse, juvenile
delinquency, leisure-time activities, girls and young women and youth participating in decision-making), and the five additional areas (HIV/AIDS, ICT, Inter-generational dialogue,..) adopted at the 2005 UN General assembly,
VALUEING the role played by youths in the struggle for independence
REITERATING that youths are the vanguard of independence and democracy in Zimbabwe ,
SALUTING the continual efforts by the youths in protecting the integrity of Zimbabwe as a democracy and as a sovereign state,
ENCOURAGED by the endeavours by African states to come up with a comprehensive African Youth Charter and noting the enshrinements in the African Youth Charter
ACKNOWLEDGING the increasing calls and the enthusiasm of youth to actively participate at local, national, regional and international levels to determine their own development and the advancement of society at large,
ACKNOWLEDGING ALSO the call in Bamako (2005) by the youth organisations
across Africa to empower youth by building their capacity, leadership, responsibilities and provide access to information such that they can take up their rightful place as active agents in decision-making and governance,
CONSIDERING that the promotion and protection of the rights of youth also implies the performance of duties by youth as by all other actors in society,
HAVE AGREED AS FOLLOWS:
DEFINITIONS
“Government”
shall mean the Government of Zimbabwe
“Charter”
shall mean the Zimbabwe Youth Charter
“Diaspora”
shall mean people of Zimbabwean descent and heritage living outside
the country.
“Minors”
shall mean young people below the age of 14
“Youth”
For the purposes of this Charter, youth or young people shall
refer to every person between the ages of 14 and 35 years.
PART 1: RIGHTS AND DUTIES
Article 1: Obligation of The Government of Zimbabwe
1.
The Government of Zimbabwe shall recognize the rights, freedoms and duties enshrined in this Charter.
2.
The Government of Zimbabwe shall undertake the necessary steps, in accordance with Constitution to adopt such legislative or other measures that may be necessary to give effect to the provisions of the Charter.
Article 2: Non-discrimination
1.
Every young person shall be entitled to the enjoyments of the rights and freedoms recognized and guaranteed in this Charter irrespective of their race, ethnic group, colour, sex, language, religion, political or other opinion, fortune, birth or other status.
2.
The Government of Zimbabwe shall take appropriate measures to ensure that youth are protected against all forms of discrimination on the basis of status, activities, expressed opinions or beliefs.
3.
The Government of Zimbabwe recognize the rights of Young people from ethnic, religious and linguistic marginalized groups to enjoy their own culture, freely practice their own religion or to use their own language in community with other members of their group.
Article 3: Freedom of Movement
Every young person has the right to leave the country and to return to safely into country.
Article 4: Freedom of Expression
1.
Every young person shall be guaranteed the right to express his or her ideas and opinions freely in all matters and to disseminate his or her ideas and opinions subject to the restrictions as are prescribed by laws.
2.
Every young person shall have the freedom to seek, receive and disseminate information and ideas of all kinds, either orally, in writing, in print, in the form of art or through any media of the young person’s choice subject to the restrictions as are prescribed by laws.
Article 5: Freedom of Association
1.
Every young person shall have the right to free association and freedom of peaceful assembly in conformity with the law.
2.
Young people shall not be compelled to belong to an association.
Article 6: Freedom of Thought, Conscience and Religion
Every young person shall have the right to freedom of thought, conscience and religion.
Article 7: Protection of Private Life
No young person shall be subject to the arbitrary or unlawful interference with his/her privacy, residence or correspondence, or to attacks upon his/her honour or reputation.
Article 8: Protection of the Family
1.
The family, as the most basic social institution, shall enjoy the full protection and support of The Government of Zimbabwe for its establishment and development.
2.
Young men and women of full age who enter into marriage shall do so based on their free consent and shall enjoy equal rights and responsibilities.
Article 9: Property
1.
Every young person shall have the right to own and to inherit property.
2.
Young men and young women shall enjoy equal rights to own property.
3.
The Government of Zimbabwe shall ensure that youths are not arbitrarily deprived of their property including inherited property.
Article 10: Development
1.
Every young person shall have the right to social, economic, political and cultural development with due regard to their freedom and identity and in equal enjoyment of the common heritage of mankind.
2.
The Government of Zimbabwe shall ensure that the economic development of the country is equally reflected by the growth of the youths, in this regard the government shall undertake to assist in the empowerment of youths through provisions of grants, loans and other facilities aimed at improving the lives of the youths.
3)
The Government of Zimbabwe shall provide access to information and education and training for young people to learn their rights and responsibilities, to be schooled in democratic processes, citizenship, decision-making, governance and leadership such that they develop the technical skills and confidence to participate in these processes
4)
The Government of Zimbabwe shall not adopt extremist economic policies that compromise the development of youths
5)
Nationalisation of natural resources shall have a fair share for the youth.
Article 11:Youth Participation
1.
Every young person shall have the right to participate in all spheres of society.
2.
The Government of Zimbabwe shall take the following measures to promote active youth participation in society:
In this respect it shall:
a)
Guarantee the participation of youth in parliament and other decision-making bodies in accordance with the prescribed laws; more importantly it shall ensure that:
i)
there is a parliamentary youth committee specifically dealing with issues of that concern the youth of Zimbabwe .
ii)
The minister responsible for youth affairs be a youth below the age of 35 years by the date of appointment.
iii)
Every ministry have a youth office dealing specifically with youth issues pertaining to the duties of such ministry.
b)
Facilitate the creation or strengthening of platforms for youth participation in decision-making at local, national, regional, and continental levels of governance;
c)
Ensure equal access to young men and young women to participate in decision-making and in fulfilling civic duties;
d)
Provide access to information such that young people become aware of their rights and of opportunities to participate in decision-making and civic life;
e)
Provide technical and financial support to build the institutional capacity of youth organisations;
f)
Institute policy and programmes of youth voluntarism at local, national, regional and international levels as an important form of youth participation and as a means of peer-to-peer training.
g)
Include representatives as part of delegations to ordinary sessions and other relevant meetings to broaden channels of communication and enhance the discussion of youth related issues.
Article 12: National Youth Policy
The Government of Zimbabwe shall develop a comprehensive and coherent national youth policy.
a)
The policy shall be cross-sectoral in nature considering the inter-relatedness of the challenges facing young people;
b)
The policy should identify challenges facing youths and should articulate mechanism of addressing such.
c)
The policy shall advocate equal opportunities for young men and for
young women;
d)
The policy shall be adopted by parliament and enacted into law;
Article 13: Education and Skills Development
1.
Every young person shall have the right to education of good quality.
2.
The Government of Zimbabwe shall take all appropriate measures with a view to achieving full realisation of this right and shall, in particular:
a)
Provide free and compulsory basic education and take steps to minimise the indirect costs of education;
b)
Make all forms of secondary education more readily available and accessible by all possible means including progressively free;
c)
Take steps to encourage regular school attendance and reduce drop-out rates;
d)
Strengthen participation in and the quality of training in science and technology;
e)
Revitalise vocational education and training relevant to current and prospective employment opportunities and expand access by developing centres in rural and remote areas;
f)
Make higher education equally accessible to all including establishing distance learning centres of excellence;
g)
Avail multiple access points for education and skills development including opportunities outside of mainstream educational institutions e.g., workplace skills development, distance learning, adult literacy and national youth service programmes;
h)
Ensure, where applicable, that girls and young women who become pregnant or married before completing their education shall have the opportunity to continue their education;
i)
Allocate resources to upgrade the quality of education delivered and ensure that it is relevant to the needs of contemporary society and engenders critical thinking rather than rote learning;
j)
Adopt pedagogy that incorporates the benefits of and trains young people in the use of modern information and communication technology such that youth are better prepared for the world of work;
k)
Encourage youth participation in community work as part of education to build a sense of civic duty;
l)
Introduce scholarship and bursary programmes to encourage entry into post-primary school education and into higher education outstanding youth from disadvantaged communities, especially young girls;
m)
Establish and encourage participation of all young men and young women in sport, cultural and recreational activities as part of holistic development;
n)
Promote culturally appropriate, age specific sexuality and responsible parenthood education
3.
The value of multiple forms of education, including formal, non-formal,
informal, distance learning and life-long learning, to meet the diverse needs of
young people shall be embraced.
4.
The education of young people shall be directed to:
a)
The promotion and holistic development of the young person¢s cognitive
and creative and emotional abilities to their full potential;
b)
Fostering respect for human rights and fundamental freedoms as set
out in the provisions of the various African human and people's rights
and international human rights declarations and conventions;
c)
Preparing young people for responsible lives in free societies that
promote peace, understanding, tolerance, dialogue, mutual respect and
friendship among all nations and across all groupings of people;
d)
The preservation and strengthening of positive African morals,
traditional values and cultures and the development of national and
African identity and pride;
e)
The development of respect for the environment and natural resources;
f)
The development of life skills to function effectively in society and
include issues such as HIV/AIDS, reproductive health, substance abuse
prevention and cultural practices that are harmful to the health of young
girls and women as part of the education curricula;
g)
The promotion of patriotism and cherishment of our history as said orally, written or depicted in other forms.
Article 14: Sustainable Livelihoods and Youth Employment
1.
Every young person shall have the right to gainful employment.
2.
Every young person shall have the right to be protected from economic exploitation and from performing work that is likely to be hazardous to or interfere with the young person's education, or to be harmful to the young person's health or holistic development.
3.
The Government of Zimbabwe shall address and ensure the availability of accurate data on youth employment, unemployment and underemployment so as to facilitate the prioritisation of the issue in National development programmes complemented by clear programmes to address unemployment;
4.
The Government of Zimbabwe shall take all appropriate measures with a view to achieving full realisation of this right to gainful employment and shall in particular:
a)
Ensure equal access to employment and equal pay for equal work or equal value of work and offer protection against discrimination regardless of ethnicity, race, gender, disability, religion, political, social, cultural or economic background;
b)
Develop macroeconomic policies that focus on job creation particularly for young and for young women;
c)
Develop measures to regulate the informal economy to prevent unfair labour practices where the majority of youth work;
d)
Foster greater linkages between the labour market and the education and training system to ensure that curricula are aligned to the needs of the labour market and that youth are being trained in fields where employment opportunities are available or are growing;
e)
Institute incentive schemes for employers to invest in the skills development of employed and unemployed youth;
Article 15: Health
1.
Every young person shall have the right to enjoy the best attainable state of physical, mental and spiritual health.
2.
The Government of Zimbabwe shall undertake to pursue the full implementation of this right and in particular shall take measures to:
a)
Ensure free access to secondary health.
b)
Avail subsidised post-natal, infant and child health care, in this respect it shall undertake to;
i)
Provide free immunisation to infants and children against infectious diseases
ii)
Provide subsidised nourishment to all infants and children up to the age of seven years.
c)
Make available equitable and ready access to medical assistance and health care especially in rural and poor urban areas with an emphasis on the development of primary health care;
d)
Secure the full involvement of youth in identifying their reproductive and health needs and designing programmes that respond to these needs with special attention to vulnerable and disadvantaged youth
e)
Provide access to youth friendly reproductive health services including contraceptives, antenatal and post natal services;
f)
Institute programmes to address health pandemics in Africa such as HIV/AIDS, tuberculosis and malaria;
g)
Institute comprehensive programmes to prevent the transmission of sexually transmitted infections and HIV/AIDS by providing education, information, communication and awareness creation as well as making protective measures and reproductive health services available;
h)
Expand the availability and encourage the uptake of voluntary counselling and confidential testing for HIV/AIDS;
i)
Provide timely access to treatment for young people infected with HIV/AIDS including prevention of mother to child transmission, post rape prophylaxis, and anti-retroviral therapy and creation of health services specific for young people;
j)
Provide food security for people living with HIV/AIDS;
k)
Institute comprehensive programmes including legislative steps to prevent unsafe abortions;
l)
Raise awareness amongst youth on the dangers of drug abuse through partnerships with youth, youth organisations and the community;
m)
Provide rehabilitation for young people abusing drugs such that they can be re-integrated into social and economic life;
n)
Provide technical and financial support to build the institutional capacity of youth organisations to address public health concerns including issues concerning youth with disabilities and young people married at an early age.
Article 16: Peace and Security
1.
In view of the important role of youth in promoting peace and non-violence and the lasting physical and psychological scars that result from involvement in violence, armed conflict and war, The Government of Zimbabwe shall:
a)
Strengthen the capacity of young people and youth organisations in peace building, conflict prevention and conflict resolution through the promotion of intercultural learning, civic education, tolerance, human rights education and democracy, mutual respect for cultural, ethnic and religious diversity, the importance of dialogue and cooperation, responsibility, solidarity and international cooperation;
b)
Institute mechanisms to promote a culture of peace and tolerance amongst young people that discourages their participation in acts of violence, terrorism, xenophobia, racial discrimination, gender-based discrimination, foreign occupation and trafficking in arms and drugs;
c)
Institute education to promote a culture of peace and dialogue in all schools and training centres at all levels;
d)
Condemn armed conflict and prevent the participation, involvement, recruitment and sexual slavery of young people in armed conflict;
2.
The Government of Zimbabwe shall ensure the protection of the youth against the ideology of genocide.
Article 17: Law Enforcement
1.
Every young person accused or found guilty of having infringed the penal law shall have the right to be treated with humanity and with respect for the inherent dignity of the human person.
2.
The Government of Zimbabwe shall in particular:
a)
Ensure that youth who are detained or imprisoned or in rehabilitation centres are not subjected to torture, inhumane or degrading treatment or punishment;
b)
Ensure that accused minors shall be segregated from convicted persons and shall be subject to separate treatment appropriate to their status;
c)
Build rehabilitation facilities for accused and imprisoned youth who are still minors and house them separately from adults;
d)
Provide induction programmes for imprisoned youth that are based on reformation, social rehabilitation and re-integration into family life;
e)
Make provisions for the continued education and skills development of imprisoned young people as part of the restorative justice process.
f)
Ensure that accused and convicted young people are entitled to a lawyer.
Article 18: Sustainable Development and Protection of the Environment
1.
The Government of Zimbabwe shall ensure the use of sustainable methods to improve the lives of young people such that measures instituted do not jeopardise opportunities for future generations.
2.
Encourage the media, youth organisations, in partnership with national and international organisations, to produce, exchange and disseminate information on environmental preservation and best practices to protect the environment;
3.
Support youth organisations in instituting programmes that encourage environmental preservation such as waste reduction, recycling and tree planting programmes;
Article 19: Access to Land
1.
The Government of Zimbabwe shall ensure equal access to land for all youth regardless race, ethnic group, colour, sex, language, religion, political or other opinion, fortune, birth or other status.
2.
The Government of Zimbabwe shall in particular;
a)
Set aside national lands which shall be made available for lease to youths willing to undertake agricultural activities.
b)
Set up facilities to assist youth start agricultural projects, these may include grants, loans or assistance in the form of materials or implements
c)
Ensure that for any farms acquired for resettlement, fifty percent of the beneficiaries be youths
3)
With respect to the Land reform programme the government should undertake to;
a)
Set up an audit of the Agrarian reform programme
b)
Gazette farms to be redistributed to the landless people
c)
Set up an Independent Agrarian Reform Board with a full youth voice to oversee a well-managed redistribution
4)
The Government of Zimbabwe shall ensure that in the process of land redistribution it does not jeopardise opportunities for future generations, in particular it shall
a)
Set aside land for future use which may in the mean time be leased to the current youths
b)
Give specific timeframes of lease to the current beneficiaries of the land redistribution so that at the expiry of such, other people; particularly the youths of the day may benefit also.
Article 20: Youth and Culture
1.
The Government of Zimbabwe shall take the following steps to promote and protect the morals and traditional values recognised by the community:
a)
Eliminate all traditional practices that undermine the physical integrity and dignity of women;
b)
Recognise and value beliefs and traditional practices that contribute to development;
c)
Establish institutions and programmes for the development, documentation, preservation and dissemination of culture;
d)
Work with educational institutions, youth organisations, the media and other partners to raise awareness of and teach and inform young people about youth culture, values and indigenous knowledge;
e)
Harness the creativity of youth to promote local cultural values and traditions by representing them in a format acceptable to youth and in a language and in forms to which youth are able to relate;
f)
Introduce and intensify teaching in Zimbabwean languages in all forms of education as a means to accelerate economic, social, political and cultural development;
g)
Promote inter-cultural awareness by organising exchange programmes between young people and youth organisations within Africa and across the globe.
Article 21: Youth in the Diaspora
The Government of Zimbabwe shall recognise the right of young people to live anywhere in the world. In this regard, it shall;
a)
Promote and protect the rights of young people living in the Diaspora, in particular
i) All Zimbabwean youths in the Diaspora above the age of 18 shall be granted the suffrage right in any election to which they are duly registered.
b)
Establish structures that encourage and assist the youth in the Diaspora to return to and fully re-integrate into the social and economic life in Zimbabwe;
c)
Promote and protect the rights of young people living in the Diaspora;
d)
Encourage young people in the Diaspora to engage themselves in development activities in Zimbabwe.
e)
Government shall have development plan agreement with host nations to integrate youth in Diaspora.
f)
Government through its Embassies shall have an obligation to undertake educational and cultural activities to remind the youth of their culture and African history.
Article 22: Leisure, Recreation, Sportive and Cultural Activities
1.
Young people shall have the right to rest and leisure and to engage in play and recreational activities that are part of a health lifestyle as well as to participate freely in sport, physical education drama, the arts, music and other forms of cultural life. In this regard, The Government of Zimbabwe shall;
a)
Make provision for equal access for young men and young women to sport, physical education, cultural, artistic, recreational and leisure activities;
b)
Put in place adequate infrastructure and services in rural and urban areas for youth to participate in sport, physical education, cultural, artistic, recreational and leisure activities.
Article 23: Girls and Young Women
The Government of Zimbabwe shall acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments designed to protect and promote women’s rights. In this regard, they shall:
a)
Introduce legislative measures that eliminate all forms of discrimination against girls and young women and ensure their human rights and fundamental freedoms;
b)
Ensure that girls and young women are able to participate actively, equally and effectively with boys at all levels of social, educational, economic, political, cultural, civic life and leadership as well as scientific endeavours;
c)
Institute programmes to make girls and young women aware of their rights and of opportunities to participate as equal members of society;
d)
Guarantee universal and equal access to and completion of secondary education;
e)
Provide educational systems that do not impede girls and young women, including married and/or pregnant young women, from attending;
f)
Take steps to provide equal access to health care services and nutrition for girls and young women;
g)
Protect girls and young women from economic exploitation and from performing work that is hazardous, takes them away from education or that is harmful to their mental or physical health;
h)
Offer equal access to young women to employment and promote their participation in all sectors of employment;
i)
Enact and enforce legislation that protect girls and young women from all forms of violence, genital mutilation, incest, rape, sexual abuse, sexual exploitation, trafficking, prostitution and pornography;
k)
Develop programmes of action that provide legal, physical and psychological support to girls and young women who have been subjected to violence and abuse such that they can fully re-integrate into social and economic life;
l)
Secure the right for young women to maternity leave.
Article 24: Mentally and Physically Challenged Youth
1.
The Government of Zimbabwe shall recognise the right of mentally and physically challenged youth to special care and shall ensure that they have equal and effective access to education, training, health care services, employment, sport, physical education and cultural and recreational activities.
2.
The Government of Zimbabwe shall work towards eliminating any obstacles that may have negative implications for the full integration of mentally and physically challenged youth into society including the provision of appropriate infrastructure and services to facilitate easy mobility.
3.
The Government of Zimbabwe shall take appropriate measures to make every Zimbabwean learn sign language especially at basic level for easy of communication.
Article 25: Elimination of Harmful Social and Cultural Practices
The Government of Zimbabwe shall take all appropriate steps to eliminate harmful social and cultural practices that affect the welfare and dignity of youth, in particular;
a)
Customs and practices that harm the health, life or dignity of the youth;
b)
Customs and practices discriminatory to youth on the basis of gender, age or other status.
Article 26: Responsibilities of Youth
Every young person shall have responsibilities towards his family and society, the State, and the international community. Youth shall have the duty to:
a)
Become the custodians of their own development;
b)
Protect and work for family life and cohesion;
c)
Have full respect for parents and elders and assist them anytime in cases of need in the context of positive Zimbabwean values;
d)
Partake fully in citizenship duties including voting, decision making and governance;
e)
Engage in peer-to-peer education to promote youth development in areas such as literacy, use of information and communication technology, HIV/AIDS prevention, violence prevention and peace
building;
f)
Contribute to the promotion of the economic development of Zimbabwe and Africa by placing their physical and intellectual abilities at its service;
g)
Espouse an honest work ethic and reject and expose corruption;
h)
Work towards a society free from substance abuse, violence, coercion, crime, degradation, exploitation and intimidation;
i)
Promote tolerance, understanding, dialogue, consultation and respect for others regardless of age, race, ethnicity, colour, gender, ability, religion, status or political affiliation;
j)
Defend democracy, the rule of law and all human rights and fundamental freedoms;
k)
Encourage a culture of voluntarism and human rights protection as well as participation in civil society activities;
l)
Promote patriotism towards and unity and cohesion of Africa ;
m)
Promote, preserve and respect African traditions and cultural heritage and pass on this legacy to future generations;
n)
Become the vanguard of re-presenting cultural heritage in languages and in forms to which youth are able to relate;
o)
Protect the environment and conserve nature.
Article 27: Popularization of the Charter
The Government of Zimbabwe shall have the duty to promote and ensure through teaching, education and publication, the respect of rights, responsibilities and freedoms contained in the present Charter and to see to it that these freedoms, rights and responsibilities as well as corresponding obligations and duties are understood.
Article 28: Duties of The Government of Zimbabwe
The Government of Zimbabwe shall ensure that all Parties respect the commitments made and fulfil the duties outlined in the present Charter by;
a)
Collaborating with governmental establishments, non-governmental institutions and developmental partners to identify best practices on youth policy formulation and implementation and encouraging the adaptation of principles and experiences among States Parties;
b)
Instituting measures to create awareness of its activities and make information on its activities more readily available and accessible to youth;
c)
Facilitating exchange and co-operation between youth organisations across national borders in order to develop regional youth solidarity, political consciousness and democratic participation.
PART 2: FINAL PROVISIONS
Article 29: Savings clause
Nothing in this Charter shall be taken as minimising higher standards and values contained in other relevant human rights instruments ratified by Zimbabwe or rational law or policies.
Article 30: Signature, Ratification or Adherence
1.
The present Charter shall be open to signature by the Government of Zimbabwe. The Present Charter shall be subject to ratification or accession by the Parliament of Zimbabwe.
.
Article 31: Amendment and Revision of the Charter
1.
The present may be amended or revised if any member of the Zimbabwe Youth Council makes a written request to that effect to the Parliament of Zimbabwe, provided that the proposed amendment is not submitted to the Parliament of Zimbabwe for consideration until all members of the Zimbabwe Youth Council have been duly notified of it.
2.
An amendment shall be approved by a simple majority of the Parliament of Zimbabwe. Such amendment shall come into force after it has been made public through the government gazette or any other form of media deemed to be accessible to the majority of the youths.
Prepared by: Zimbabwe Youth Movement
Free-Zim Youths
2007
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