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Intervention under agenda item 4(d): Human rights situation in Africa
Zimbabwe Lawyers for Human Rights (ZLHR)
May 08, 2008

Madam Chairperson, Honorable Commissioners,

In the context of the controversy relating to the elections held in Zimbabwe on 29 March 2008, Zimbabwe Lawyers for Human Rights wishes to recall the Findings and Recommendations of this Honorable Commission's fact-finding Mission to Zimbabwe in 2002.

In its Report, this Honorable Commission correctly and incisively identified the root causes of the ongoing crisis and the steps which the government needed to take for a return to the rule of law, stability, peace and security in the country. The key issue related to the need to reform state institutions which are necessary for the proper functioning of a constitutional democracy. In particular, the Commission highlighted the need to ensure the existence of an independent election management body, secure the independence of the judiciary, and reform the law enforcement agencies - in particular immediately abolish the Law and Order section of the police.

Madam Chairperson,

There is ample information and evidence which has been or will be placed before you during this Session to confirm that the Zimbabwe Electoral Commission (ZEC) is a compromised institution which is largely to blame for the current electoral crisis in which we find ourselves. It has failed to ensure a transparent and impartial process, and the office-bearers have actively refused to provide clear information to voters about the reasons for delayed announcements of results and other contraventions of their constitutional mandate. It is safe to say that, if the ZEC had refused to allow interference by political party representatives, police and security forces, some of whom bear positions of authority in the ZEC itself, the process and outcome of this election would not have been so controversial or disputed.

ZLHR represented and continues to represent in court, through its members, clients challenging various aspects of the electoral process, from pre-election issues (such as access to the voters' roll and voter registration), to polling day issues (such as unlawful turning away of voters from polling stations), as well as post-election issues. Having recently completed an audit of the conduct of the judiciary in relation to all 2008 election cases, there is a clear trend of failure by the Bench to address substantive issues. This reinforces the strong perception which already exists in Zimbabwe and the region that the judiciary remains unable or unwilling to make principled decisions without fear or favour, and that state institutions colluded with one political party to ensure that the election outcome would not reflect the will of the people.

Madam Chairperson,

There is incontrovertible evidence that the escalating human rights violations which have been documented since 29 March 2008 are being perpetrated by the security forces, the police, the intelligence service, so-called war veterans and youth militia. Law enforcement agents, including the Law and Order sections of the Zimbabwe Republic Police, rather than being disbanded as recommended by this Commission, have been strengthened and continue to be central to such violations with ever-increasing impunity. The actions of these units must be condemned and individuals therein must be made to understand that they cannot be allowed to continue acting with impunity.
In conclusion, we associate ourselves strongly with the recommendations from the NGO Forum to this Honorable Commission that, amongst other issues, there is need for an urgent fact-finding mission to Zimbabwe, included in which must be an investigation of the State's failure to implement the recommendations of the 2002 Fact-Finding Mission and measures must be taken to ensure that the State will be held to account for its continued refusal to implement recommendations which would assist in ensuring any further elections will be conducted with the protection of independent state institutions which can ensure a free, fair and credible election.

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