INSTITUTIONAL AND LEGISLATIVE REFORM INTRODUCTION/SUMMARY The GPA serves as a roadmap to guide Zimbabwe through a transitional phase in the wake of the disputed 2008 elections to a point at which the population can freely express its will in the making of a constitution, and then elections. In order for these outcomes to be achieved, it is essential that state institutions and actors as well as the legislation are not used to repress human rights as they were in the past. Without significant reform of problematic institutions such as the police, army, Central Intelligence Organisation, the Attorney-General (AG)’s Office and repressive pieces of legislation such as POSA, AIPPA, the Criminal Law (Codification and Reform) Act, there can be no different outcome than the scenario that gave rise to the GPA. A few areas of compliance were recorded with the creation and initial actions of certain Commissions – Zimbabwe Electoral Commission (ZEC), Zimbabwe Human Rights Commission (ZHRC) and Zimbabwe Media Commission (ZMC). There have also been a limited number of encouraging acts by Parliamentary Portfolio Committees in exerting their oversight role on the executive and in conducting public hearings, as well as a few welcomed pieces of legislation. On the whole though, the performance of Parliament in delivering real legislative change has been very disappointing. It seems as though ‘rule by law’: the use of repressive legislation to further a political agenda, has emerged as a preferred tactic of ZANU-PF with numerous cases of trumped up or spurious charges brought against MDC-T politicians, supporters and ordinary civil society actors, through the office of the AG. This reveals serious problems in the justice delivery system. In addition, perpetrators continue to enjoy complete impunity for their crimes. The dismissal of rulings by the SADC tribunal by the Minister of Justice, as well as several other examples of disregard for international and regional standards and treaties, leaves Zimbabwe something of a pariah. From the protracted negotiations around outstanding issues, the disruption to Parliamentary work due to the constitutional outreach and insulting cases of unilateral decisions being made by the executive without any consultation of the other parties, institutional and legislative reform has not progressed well. BENCHMARKS • Duty of all political parties and individuals (state actors) to respect and uphold the constitution and adhere to principles of the Rule of Law, including respect for regional and international standards. • All state organs and institutions strictly observe the principles of the Rule of Law and remain non-partisan and impartial in the discharge of their duties. • Recruitment policies and appointment practices are conducted in a manner that ensures no political or other favoritism. • Training curriculum for uniformed forces on human rights, international humanitarian law and statute law so that they can appreciate and understand their role in a democratic society. CIVIL SOCIETY MONITORING MECHANISM (CISOMM) SIX MONTH SHADOW REPORT ON THE PERFORMANCE OF THE INCLUSIVE OF ZIMBABWE 42