In light of the failure of the global political agreement (GPA) and the unity government - that turns two years in February -- to deliver on key political and security sector reforms the Zimbabwe Lawyers for Human Rights (ZLHR) says it is time all stakeholders and SADC-mandated facilitator, South African President Jacob
The lawyers group says in position paper on the way forward to resolving Zimbabwes long-running political crisis that the three ruling parties and civil society must all work to ensure that political and security conditions in the country in the run-up to elections are in full compliance with the Southern African Development Community (SADC) Principles and the African Union Declaration on Democratic Elections.
In crafting the election roadmap, Zuma must consult all stakeholders and in particular the views of the civil society and other stakeholders apart from the three main political parties must be heard and must be taken into account, says the ZLHR, adding that after all, the impact and effects of a contested, illegitimate and violent election and its aftermath are felt by the generality of the Zimbabwean public.
Once the roadmap has been implemented in full and a conducive environment is established, elections must take place – irrespective of whether or not a new constitution has been put in place. The following are benchmarks and minimum requirements that the ZLHR says must be in place before the holding of elections:
The benchmarks
Enactment of amendments to the Attorney Generals Office Act to establish and resource an independent National Prosecuting Authority (NPA) which is separate from the AG, followed by a vigorous public selection process to appoint a Director of the NPA who is not compromised and will carry out their professional mandate without fear, favour or political allegiance against all perpetrators regardless of political affiliation.
Investigation and fast-track prosecution of known perpetrators of electoral-related violence in the courts of Zimbabwe which are regularly publicised.
Issuance of a directive to the ZRP structures down to local level by the Commissioner-General of Police (which is made public) to accept and investigate all complaints of criminal acts, regardless of political affiliation (real or perceived) of the complainant. This must be in addition to a system of reporting by the ZRP which will be published on a monthly basis in order to restore public confidence in the criminal justice system.
Measures must be taken to urgently resource the courts particularly the Magistrates Courts and put in place a security plan for judicial officers and prosecutors to ensure their protection during elections and thus their independence and effectiveness.
Enactment of legislation to operationalise the Human Rights Commission, together with immediate human and financial resourcing. The Commission must have a protective mandate empowering it to independently and effectively investigate violations and act to prevent, minimize or resolve conflict, particularly during elections. It must be entirely independent of the executive and must publicly and regularly report to Parliament.
Immediate repeal of the Access to Information and Protection of Privacy Act and enactment of reforms to broadcasting legislation, followed by a public application process to a re-constituted Independent Broadcasting Authority which will result in the licensing of private and community radio stations. Such stations should be broadcasting before the end of April 2011 and should not be subject to persecution and interference.
Immediate revival of an independent Mass Media Trust and publication of its operational plan to return the ZBC to its public service mandate and ensure against partisanship and hate speech. This plan should begin to be implemented before the end of March 2011.
The Zimbabwe Electoral Commission must produce and publish an audit of its structures, personnel and operations. It must undertake public consultations with stakeholders on necessary electoral reforms and also publish its plan on cleaning the voters roll to ensure its public acceptability.
The legislative agenda for the next session of Parliament must be realistic, time-bound, and prioritise reforms of all laws impacting on elections. Urgent public consultations must be held with stakeholders. This, in addition to an audit of laws impacting on elections, must be used as the basis of this legislative agenda and the enactment of such laws and amendments must be completed within the timeframe.
Immediate engagement of the security sector by senior military structures in SADC and AU to establish a firm agreement on military role (or non-role) in electoral processes.
Post published in: Opinions