Opinion / Columnist
Three years from the signing of the GPA, Zimbabwe remains in crisis: Bar
26 Sep 2011 at 07:22hrs | 823 Views
The International Bar Association's Human Rights Institute (IBAHRI) undertook a fact-finding mission to Zimbabwe to assess the state of the rule of law in the country. Funded by the Open Society Initiative for Southern Africa (OSISA), the IBAHRI delegation went to Johannesburg in South Africa, Harare, Mutare and Bulawayo in Zimbabwe, from 6 to 17 June 2011.
Three years on from the signing of the Global Political Agreement (GPA) it is clear that Zimbabwe remains in crisis. The political environment is gravely polarised and characterised by a resurgence of violence, arrests, intimidation and hate speech, which contradicts the letter and spirit of the GPA.
Despite the formation of the Inclusive Government, it is clear that hard-line elements within the Zimbabwe African National Union-Patriotic Front (ZANU-PF) do not wish to share power with their political opponents and are using the control over the state apparatus in a blatantly partisan way. The current conditions are not conducive to a free and fair election.
The IBAHRI believes that all parts of the Inclusive Government should implement the GPA as a matter of urgency and, to this end, cooperate fully with the efforts of the Southern African Development Community (SADC) in its attempts to finalise a 'road map' for its full implementation.
This should include human rights and rule of law reforms and reforming the criminal justice system. A new Constitution should protect the rule of law with, among other things, provisions that secure the independence of the judiciary. Consideration should also be given to creating a new top court, perhaps in the form of a constitutional court. The Constitution should also guarantee the genuine independence of a Judicial Service Commission (JSC), which should be responsible for the appointment of all judges using a transparent nominations process against agreed criteria based on merit. A Code of Conduct for judges and magistrates should be introduced providing for, inter alia, full and frank disclosure of the assets of the judges of the High Court and the Supreme Court. The JSC should also have the power to discipline judges. An independent Director of Public Prosecutions (DPP) should be created, removed from the Attorney General's (AG) office. Independence of the DPP from the executive for individual prosecutorial decisions is necessary.
SADC and the African Union (AU) should support the reform process through technical and financial assistance, as well as the deployment of personnel from the region, with the agreement of the parties to the Inclusive Government. SADC should also review the existing legislative agenda to identify GPA reform priorities that have not been addressed, with a focus on enabling conditions for credible elections. It should ensure that the facilitation team's road map recommends a revision of the GPA's internal monitoring and review mechanisms, in particular that: the Joint Monitoring Committee (JOMIC) should have a more active role to deal with cases of political violence, including oversight of investigations by national police and producing regular public reports to the GPA signatories, who in turn should be obliged to respond publicly in writing; and JOMIC reports should provide a basis for the Periodic Review Mechanism's reporting and recommendations.
The United Nations (UN) and the European Union (EU) should remain actively diplomatically engaged in supporting and assisting the efforts of SADC and the AU to facilitate processes and institutions supporting the development of democratic and accountable governance in Zimbabwe.
The UN, EU and other donors should support and strengthen Zimbabwean civil society's efforts to 8 Zimbabwe: time for a new approach September 2011 provide coherent, systematic and accurate reports and analysis of violence, including by improving verification methods, identifying priority concerns, developing clear and effective channels of communication and, ultimately, by bringing findings to the attention of local, regional and international policymakers, institutions and media. The EU, United States and United Kingdom governments should discuss with SADC and the AU how and when to suspend all sanctions and other measures imposed on Zimbabwe, pending their ultimate abolition, in return for clear progress in implementing the GPA through reforms of key government institutions and agencies and specific human rights and good governance benchmarks.
International donors should provide effective support for fundamental reforms to the Zimbabwean state, including strengthening judicial independence and institutions such as the Zimbabwe Electoral Commission (ZEC), the Zimbabwe Human Rights Commission (ZHRC), providing appropriate rights-relevant training for the police, and improving the administration and financial auditing of justice institutions. They should also ensure full accountability and transparency in the use of their funds in support of constitution-making so as to create greater confidence in the process.
Three years on from the signing of the Global Political Agreement (GPA) it is clear that Zimbabwe remains in crisis. The political environment is gravely polarised and characterised by a resurgence of violence, arrests, intimidation and hate speech, which contradicts the letter and spirit of the GPA.
Despite the formation of the Inclusive Government, it is clear that hard-line elements within the Zimbabwe African National Union-Patriotic Front (ZANU-PF) do not wish to share power with their political opponents and are using the control over the state apparatus in a blatantly partisan way. The current conditions are not conducive to a free and fair election.
The IBAHRI believes that all parts of the Inclusive Government should implement the GPA as a matter of urgency and, to this end, cooperate fully with the efforts of the Southern African Development Community (SADC) in its attempts to finalise a 'road map' for its full implementation.
SADC and the African Union (AU) should support the reform process through technical and financial assistance, as well as the deployment of personnel from the region, with the agreement of the parties to the Inclusive Government. SADC should also review the existing legislative agenda to identify GPA reform priorities that have not been addressed, with a focus on enabling conditions for credible elections. It should ensure that the facilitation team's road map recommends a revision of the GPA's internal monitoring and review mechanisms, in particular that: the Joint Monitoring Committee (JOMIC) should have a more active role to deal with cases of political violence, including oversight of investigations by national police and producing regular public reports to the GPA signatories, who in turn should be obliged to respond publicly in writing; and JOMIC reports should provide a basis for the Periodic Review Mechanism's reporting and recommendations.
The United Nations (UN) and the European Union (EU) should remain actively diplomatically engaged in supporting and assisting the efforts of SADC and the AU to facilitate processes and institutions supporting the development of democratic and accountable governance in Zimbabwe.
The UN, EU and other donors should support and strengthen Zimbabwean civil society's efforts to 8 Zimbabwe: time for a new approach September 2011 provide coherent, systematic and accurate reports and analysis of violence, including by improving verification methods, identifying priority concerns, developing clear and effective channels of communication and, ultimately, by bringing findings to the attention of local, regional and international policymakers, institutions and media. The EU, United States and United Kingdom governments should discuss with SADC and the AU how and when to suspend all sanctions and other measures imposed on Zimbabwe, pending their ultimate abolition, in return for clear progress in implementing the GPA through reforms of key government institutions and agencies and specific human rights and good governance benchmarks.
International donors should provide effective support for fundamental reforms to the Zimbabwean state, including strengthening judicial independence and institutions such as the Zimbabwe Electoral Commission (ZEC), the Zimbabwe Human Rights Commission (ZHRC), providing appropriate rights-relevant training for the police, and improving the administration and financial auditing of justice institutions. They should also ensure full accountability and transparency in the use of their funds in support of constitution-making so as to create greater confidence in the process.
Source - www.ibanet.org
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