Zimbabwe Human Rights NGO Forum The issue of the balance and separation of powers between legislature, judiciary and executive is the key to the violations of fundamental human rights (guaranteed in the existing Constitution) which occurred before, during and after the elections. The human rights abuses were, essentially, an attempt to prevent the deepening of democratic entitlements and authority in Zimbabwe, and to consolidate further the executive power which had been arrogated through many constitutional amendments since the introduction of an executive presidency in 1987. The growth of executive power, mainly through the constitutional amendments creating the extraordinary executive presidency, has led to the executive disregarding the rule of law. Violations of human rights (guaranteed in the existing Constitution) have been instigated and gone unpunished by an executive bent on maintaining its position. Pre-election violence intimidated voters mainly in Zanu-PF’s traditional rural strongholds. Retaliatory post-election violence occurred mainly in urban constituencies won by the major opposition party, the Movement for Democratic Change. Violence characterised both of the early by-elections, in Marondera West and Bikita West. Systematic violence and electoral manipulation is widely expected in the period before the Presidential elections in 2002. Zimbabwe has already suffered international disapproval for its breaches of democratic entitlements and its executive’s effective abrogation of the rule of law. Perhaps the most publicised (and resented by the government) was the United States’ ‘Zimbabwe Democracy 2000 Act’, which was unfinished business when the US Senate recessed. The US Congress agreed with its founding premises, based largely on the pre-election report of the National Democratic Institute, that: ‘(1) Deliberate and systematic violence, intimidation, and killings have been orchestrated and supported by the Government of Zimbabwe and the ruling Zanu-PF party against members, sympathisers and supporters of the democratic opposition, farmers, and employees. The violence has resulted in death, a breakdown in the rule of law, and further collapse of Zimbabwe’s economy. (2) The lawlessness, harrassment, violence, intimidation and killings directed at the opposition and their supporters, farmers and farm employees continues as President Mugabe’s explicit and public urging despite two court rulings that the occupations are illegal and must be ended… (6) It is therefore the policy of the United States to support the people of Zimbabwe in their struggles to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law.’ii Notes i ii Statement of the NDI Pre-Eelection Delegation to Zimbabwe (pp. 3-4). Daily News 10.8.00. 6