Section 133 H of the Electoral Act takes away the independence of the ZHRC and its ability to independently investigate the violations of human rights during the elect. It is violation not only of the Commission’s role but also an infringement of its independence and integrity as a Commission charged with promoting, assessing, and monitoring the observance of human rights and freedoms and promoting and protecting their observance during election periods. It does not provide for a strong enforcement mechanism leaving victims of human rights violations with reduced space for redress. It has been proposed that the Commission should be excluded from operating under the framework of the Electoral Act altogether and that ZEC be the one at the forefront. That ZEC should take charge of the SIC and use it as one of its instruments to stem politically motivated violence and intimidation during an election. It has been proposed that very strong measures, including immediate disqualification of a candidate who engages or whose election agent or supporters engage in politically motivated violence and intimidation should be taken by ZEC. For ZEC to have the power to disqualify offending candidates the Electoral Act would need to be suitably amended to give that power to it. A review of the Code of Conduct for the political parties to provide for the foregoing should be considered. The Commission will analyse the foregoing legal framework against the international obligations and commitments the country has agreed to. This should include provisions under the legal framework that consists of the constitution, the election laws and the administrative rules or regulations that govern the conduct of elections. They also should check for internal consistency as well (i.e. a law should abide by the constitution). Analysing the legal framework enables the Commission to identify possible shortcomings and areas of improvement and to focus their advocacy on specific recommendations. Critical flaws in an election law undermine elections well before ballots are cast. Activities Legal advice directed towards Parliament of Zimbabwe    A proper alignment of the principal Acts with the Constitution process will ensure that ZHRC, is truly independent commission otherwise intrusions into its independence will continue to the detriment of free and fair elections and the proper observance of human rights and freedoms. The Commission will submit a position paper of alignment of the Commission Act and other laws governing the conduct of elections to the Constitution. (through the Ministry of Justice MoJ) The Commission will also provide advice to the parliament on a regular basis in relation to proposed laws on elections, ensuring that they are human rights compliant The Commission will make recommendations on reforming some of the current laws that infringe upon the enjoyment of human rights in elections e.g. AIPPA, POSA etc. A process of identifying such laws will be undertaken by the Commission involving interested parties and key stakeholders. Position papers will be developed that will be used in lobbying and advocacy for the review of such laws The Commission will contract a consultant to assist with the review of the legal framework and make recommendations on specific provisions that will require alignment Legal advice directed towards ZEC       There is a need to understand ZEC and Commission’s relationship with the Executive at the practical level in order to determine what influence the latter has, or can have, on the operations of the Commissions. Review of S 133H of the Electoral Act and make recommendations on its operationalisation in conjunction with ZEC Review all elections regulations and procedures issued by ZEC to ensure compliance with human rights governing the conduct of elections in Zimbabwe The review of the electoral Code of Conduct and how it can be enhanced to protect human rights during the electoral process The Commission will also use the findings of its election monitoring to advise ZEC on possible areas of law reform Further the Commission’s human rights monitoring will provide valuable early warnings in situations of escalating conflict, and will assist the Commission in advising the Electoral 20 | P a g e