REVIEW OF NATIONAL LAWS & POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES ZIMBABWE

The report examines the legal landscape in Zimbabwe concerning the rights of local communities and indigenous peoples. It highlights a significant gap between progressive constitutional provisions and the actual implementation of laws, particularly in the mining and forestry sectors. While community-based natural resource management (CBNRM) programs like CAMPFIRE show some success in wildlife conservation, the report finds that local communities often face arbitrary evictions, lack of secure land tenure, and marginalization from decision-making processes in extractive industries. It recommends comprehensive legal reforms to align sectoral laws with the 2013 Constitution, establish a Land Commission, and formalize the recognition of Indigenous Community Conserved Areas (ICCAs).

• Zimbabwean law does not recognize 'indigenous peoples' in the same way as international law; instead, it defines 'indigenous Zimbabwean' as those of southern African descent whose predecessors were in the country before 1890.
• The 2013 Constitution provides a progressive framework for environmental and human rights, including the right to an environment not harmful to health and the requirement that local communities benefit from resources in their areas.
• Land tenure for the majority of rural populations is insecure because communal land is vested in the President and managed by rural district councils, granting residents only usufruct (use) rights rather than ownership.
• Local communities frequently face arbitrary evictions and displacement without fair compensation, particularly in mineral-rich areas like the Marange Diamond Fields, where an estimated 1,800 to 4,500 households have been affected.
• The Mines and Minerals Act is described as an archaic colonial-era law that prioritizes extraction over sustainable management and fails to provide community rights or mandate social and cultural impact assessments.
• While the Water Act prohibits private ownership of water and allows for 'primary use' without a permit, implementation is hindered by a lack of community participation and the failure of ZINWA to enforce pollution controls.
• Community-Based Natural Resource Management (CBNRM) programs, such as CAMPFIRE, allow for local participation in wildlife conservation, but benefits are often delayed or reduced due to administrative burdens within Rural District Councils.
• Zimbabwe has established a legal framework for Access and Benefit Sharing (ABS) through Statutory Instrument 61 of 2009, which requires prior informed consent for access to genetic resources and indigenous knowledge.
• Indigenous Community Conserved Areas (ICCAs) and sacred natural sites exist across Zimbabwe but are poorly documented and lack explicit protection under contemporary legislation.
• There is a significant disconnect between the 2013 Constitution's progressive rights and the actual practice of state agencies, leading to the marginalization of communities in decision-making processes.

APA

Chibememe, G., Dhliwayo, M., Edson, G., Mtisi, S., Never, M., & Laiza, K. O. (2014). REVIEW OF NATIONAL LAWS & POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES ZIMBABWE. Natural Justice. https://naturaljustice.org/wp-content/uploads/2015/09/Zimbabwe-Legal-Review.pdf

Chicago

Chibememe, Gladman, Mutuso Dhliwayo, Gandiwa Edson, Shamiso Mtisi, Muboko Never, and Kupika Olga Laiza. REVIEW OF NATIONAL LAWS & POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES ZIMBABWE. Natural Justice, 2014. https://naturaljustice.org/wp-content/uploads/2015/09/Zimbabwe-Legal-Review.pdf.

Wikipedia

{{cite report |last1=Chibememe |first1=Gladman |last2=Dhliwayo |first2=Mutuso |last3=Edson |first3=Gandiwa |last4=Mtisi |first4=Shamiso |last5=Never |first5=Muboko |last6=Laiza |first6=Kupika Olga |title=REVIEW OF NATIONAL LAWS & POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES ZIMBABWE |publisher=Natural Justice |date=December 2014 |url=https://naturaljustice.org/wp-content/uploads/2015/09/Zimbabwe-Legal-Review.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{chibememe2014review, author = {Chibememe, Gladman and Dhliwayo, Mutuso and Edson, Gandiwa and Mtisi, Shamiso and Never, Muboko and Laiza, Kupika Olga}, title = {{REVIEW OF NATIONAL LAWS \& POLICIES THAT SUPPORT OR UNDERMINE INDIGENOUS PEOPLES AND LOCAL COMMUNITIES ZIMBABWE}}, institution = {Natural Justice}, year = {2014}, month = dec, url = {https://naturaljustice.org/wp-content/uploads/2015/09/Zimbabwe-Legal-Review.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }