• Activities carried out by CSOs around the constitution-making process seen by security agents as a particular threat, as CSOs monitoring the outreach process have been assaulted. • Traditional leaders have failed to remain politically neutral. • Organ on National Healing has been ineffectual. INSTITUTIONAL AND LEGISLATIVE REFORM Compliance • A number of the Bills passed during the Parliamentary Session were compliant with the GPA in that they promote better accountability and transparency (Public Finance Management), and independence of Magistrates (Judicial Service Act). In addition, several progressive motions were passed. The POSA Amendment Bill is a critical piece of legislation for ensuring greater social and political freedom, but this has not been finalised by Parliament. • The establishment and commencement of activities of three out of four of the Commissions required by the Constitution is also welcomed. • Several Parliamentary Portfolio Committees have sought to exert their role of oversight on the Executive, and have facilitated greater participation by the public in their hearings. • Some state institutions, such as COPAC and JOMIC, have attempted to rise above their political differences by working in cooperation to further the provisions of the GPA. JOMIC has still not made public their GPA-required review of the performance of the Inclusive Government however. Non-compliance • State actors and institutions continue to wilfully disregard international and national laws and regulations when these do not suit some of their interests. There has been a failure to punish those actors violating such laws, further exacerbating the culture of impunity. • The ‘outstanding issues’, particularly in relation to unilateral appointments and the allocation of responsibilities in Government are severely undermining the unity and parity of the powersharing agreement. In addition, these actions are in direct obstruction of the GPA. • There has been no improvement in respect for the Rule of Law. In fact, the law is being used to persecute individuals on behalf of ZANU-PF, through the Office of the Attorney General. Independence of the Bench remains a distant dream. Furthermore, there is a failure on behalf of law enforcement agencies to correctly and impartially implement judgments or the law. CIVIL SOCIETY MONITORING MECHANISM (CISOMM) SIX MONTH SHADOW REPORT ON THE PERFORMANCE OF THE INCLUSIVE OF ZIMBABWE 9