4.1.4.
will also be tasked with linking issues coming out of the monitoring efforts with the
investigative wing of the Commission.
Development of investigative tools, data collections tools, information management tools and
the development training materials
Capacity building of the Commission investigators on investigating human rights violations
during elections as well as referring those of a criminal nature to the Commissioner General of
Police.
Human rights investigations during the election period, this will include those cases that are
instituted by the Commission on its own, those that are reported to the Commission by
individuals or institutions participating in the elections and those that are coming out of the
monitoring efforts of the Commission.
Establishment of a referral mechanism
Establish a case management system to track progress towards investigations and redress.
Awareness raising on the redress mechanism
Stakeholder engagements on the findings of the investigations and redress of cases
Strategic Goal 4: To review and recommend the alignment of all laws that impact on
elections and human rights to the constitution and other laws
Objectives
To provide advice on changes to law and practice that might be necessary or desirable to ensure
that elections are more compliant with international human rights law
To ensure that electoral rights are part of the broader category of political rights as provided for
in international and regional standards
Context
The 2018 Harmonized elections will be held against a backdrop of a number of changes to the electoral
architecture in Zimbabwe. Since the 2013 harmonized election, the government of Zimbabwe has failed
to address the broad democratic reforms as provided for by the Constitution. The legislative framework
that governs the conduct of elections is fragmented and barely provides for the conduct of credible
elections. The slow pace and piecemeal alignment of the country’s laws to the constitution threatens
the entrenchment of democratic values that are enshrined in the constitution.
Today a few changes have been made to the electoral legal framework in Zimbabwe to allow for the
alignment of the electoral laws to the constitution. The enjoyment of full rights during the electoral
process is dependent on the body conducting elections – ZEC - being independent from the executive.
However, the current setup does not allow for the full independence of ZEC in that there are a number
of provisions of the Electoral Act that undermine its independence and have not been amended or
repealed to align the Electoral Act with the Constitution. For example, it has direct reporting
requirements with the Ministry of Justice in respect of hiring and firing of electoral officers, ministerial
approval for any regulations and statutory instruments it makes, and the Minister is empowered to direct
ZEC to convene a special meeting and discuss business specified by him. The powers of the Minister
and the Minister of Finance over ZEC outlined above detract from its independence: it in fact seriously
impairs its independence.
The Commission finds itself in a similar position in that its ability to discharge its mandate, especially
during election, is hindered by specific provisions which impinge on its independence. For example,
section 9 of the ZHRC Act limits its ability to investigate human rights violations beyond a certain
timeframe and neither can it investigate actions relating to relations or dealings between the
Government and a foreign Government. Section 20(3) of the ZHRC Act gives the President the
discretion whether to suspend a commissioner or not and at any time to revoke the suspension. This
violates the Paris Principals that provides that:
“The composition of the national institution and the appointment of its members, whether by
means of an election or otherwise, shall be established in accordance with a procedure which
affords all necessary guarantees to ensure the pluralist representation of the social forces (of
civilian society) involved in the promotion and protection of human rights.”
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