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ZLHR position on current political situation in Zimbabwe
Zimbabwe Lawyers for Human Rights (ZLHR)
July 15, 2008

The membership of the Zimbabwe Lawyers for Human Rights (ZLHR) met on 9 July 2008 following the events of 29 March 2008 and 27 June 2008 to consider and resolve the organization's position on recent events and a roadmap for the way forward for Zimbabwe.

The general membership takes the position that:

1. The prevailing situation throughout Zimbabwe in the period from 29 March 2008 to date has been characterized by grave human rights violations and a concerted suppression of the fundamental rights and freedoms of the people of Zimbabwe. In particular, ZLHR notes that the right to public participation in the government of the country has been severely damaged.

2. ZLHR, which has as its main objective the fostering of a culture of human rights in Zimbabwe and the wider region, unreservedly condemns such suppression of individual freedoms by the state and its functionaries.

3. ZLHR takes note that the preliminary reports of the African Union Observer Mission, the Pan-African Parliament Observer Mission and the SADC Election Observer Mission all failed to lend credence and legitimacy to the events of 27 June 2008 as a free, fair and credible election which expressed the will of the people.

4. This is in accordance with the general findings and position of the ZLHR membership.

5. In light of the prevailing political, social and economic climate which continues to deteriorate by the day, ZLHR supports the call for a negotiated settlement establishing a transitional authority, which:

a. Will be time-bound, and which will exist for a period not exceeding 18 months;
b. Will address during its existence, through inclusive, people-oriented and people-driven (rather than elite) processes, the key issues of constitutional reform, reform of state institutions (including the Zimbabwe Republic Police, the Zimbabwe National Army, the Zimbabwe Prison Service, the Judiciary, the Attorney-General's office, the Zimbabwe Electoral Commission, the Registrar-General's office, the Reserve Bank of Zimbabwe, the Zimbabwe Media Commission and the Zimbabwe Human Rights Commission) and alleviation of the economic and humanitarian crises;
c. These reform processes will be done in order to ultimately, and within the stipulated time frame, hand over power to a democratically elected government through free and fair elections under the new constitutional dispensation and which elections must comply with regional and international electoral and human rights standards.

6. ZLHR believes that such negotiations and ultimate settlement can only take place in a climate where there is:

a. An immediate end to all forms of political violence and particularly the involvement of the security forces and law enforcement agents therein;
b. Disbanding of youth militia forces and the bases from which they and others, including war veterans and intelligence operatives, are operating;
c. An immediate end to extra-judicial executions and enforced disappearances which constitute a grave violation of international law;
d. Immediate and unrestricted access to all internally displaced persons and other victims of political violence by humanitarian organizations and other service providers so that victims may realize their fundamental rights to medical treatment, food and water, other social services, and legal representation;
e. An enabling environment for the legal profession to carry out its professional duties on behalf of all clients throughout the country in order that all people can be provided with their fundamental right to legal representation and have their liberty, security and other fundamental rights and freedoms properly protected. This includes the immediate cessation of harassment and targeting of lawyers carrying out their professional duties, respect for and compliance with court orders, unimpeded access by lawyers to their clients, and an immediate return to independence and professionalism by all law officers and officials in the office of the Attorney-General;
f. An immediate end to use of the public print and electronic media for party political purposes and to foment hate and incite unlawful action against legitimate political activists, political parties and human rights defenders.

7. Whatever political settlement is ultimately reached, ZLHR considers the following issues essential and non-negotiable in achieving a lasting peace and secure environment in which a culture of human rights can flourish and all people of Zimbabwe will be protected, and as further articulated in the Zimbabwe Peoples' Charter:

a. A new constitution which is people-driven and oriented, and which is accepted through a referendum before any further elections are held;
b. A return to the rule of law and adherence to the principles of constitutionalism and separation of powers;
c. Reformed state institutions which are independent, impartial and accountable and which protect and promote the fundamental rights and freedoms of all people of Zimbabwe without fear or favour;
d. Elections which comply with best regional and international practices, administered by one independent, impartial and accountable national election management body;
e. An independent, responsible and accountable public media and a vibrant, independent and accountable private media which place emphasis on freedom of expression and information;
f. A rights-oriented legislature which will have as its priority the swift amendment and/or repeal of repressive legislation and the promulgation of further legislation which will empower the people of Zimbabwe and ensure social, political and economic justice for all;
g. An end to politically-motivated violence and the culture of impunity which has become so pervasive within our society, and which can only be achieved through victim-oriented processes of justice for human rights violations, reconciliation, reparations, rehabilitation and reintegration;
h. An end to economic impunity and in particular the use of state resources to benefit the few at the expense of the majority, to contribute to and ensure social and economic justice for all;
i. An open, tolerant and democratic system of governance which recognizes the important role of civil society in human rights, governance, humanitarian and democratization issues;
j. A national value system that recognizes the humanity of every single individual and the diversity of cultures within our society;
k. Gender equality, recognized equally by men and women, in all processes undertaken;
Recognition of the importance of including and empowering the youth in our society in all activities, and protecting and promoting their rights in order for each generation to bequeath to the next a country that remains the epitome of hope, democracy and sustainable livelihoods.

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