THE Zimbabwe Human Rights Association (ZimRights) has petitioned Parliament to repeal the Vagrancy Act, saying its provisions are unconstitutional.
In a petition presented to the Albert Nguluvhe-led Parliamentary Portfolio Committee on Defence and Home Affairs, ZimRight’s community engagement specialist and activist, Farai Sibanda, said the Act violated the Constitution.
Sibanda said the Vagrancy Act violated the right to dignity, freedom and equality as guaranteed in the Constitution.
“The law disproportionately targets vulnerable populations, exacerbating their marginalisation,” Sibanda said.
“The law punishes individuals for being homeless, rather than addressing the root causes of poverty and homelessness such as lack of affordable housing, mental health issues and economic instability.”
Police are empowered by the Vagrancy Act to arrest people living on the streets.
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Furthermore, it criminalises any person who assists or encourages vagrancy.
Sibanda, said the Act was discriminatory.
“The Act disproportionately affects vulnerable groups, including children, women and people living with disabilities,” Sibanda said.
“The law leads to arbitrary arrest, detention and harassment of homeless individuals, violating their human rights. “
He said the Act also violated the Universal Declaration of Human Rights, the International Covenant on Civil and Political Right and the African Charter.
“International human rights frameworks and the African Court on Human and Peoples’ Rights condemn the criminalisation of homelessness as a violation of human rights provided for in the African Charter on Human and Peoples’ Rights,” he said.
“The Vagrancy Act has its roots in colonial-era legislation, designed to control and suppress the indigenous population.
“The continued use of this colonial law post-independence perpetuates systemic inequalities and discrimination. “
The Vagrancy Act [Chapter 10:25] defines a vagrant as any person with no settled or fixed place of abode or means of support, who wanders from place-to-place and maintains themselves by begging or through dishonest or disreputable means.