34 Election dispute resolution mechanisms the 2008 election-related violence must be addressed and the culture of impunity must be arrested.3 In March 2013, alarmed at the clampdown on CSOs and blatant violation of fundamental rights and freedoms, three mandate holders from the UN Special Procedures mechanisms of the UN, continued to engage the IG ahead of the 2013 elections. They expressed concerns at the prevailing human rights situation in the country and the clampdown on human rights defenders (HRDs) ahead of elections. The African Commission on Human and Peoples’ Rights (ACHPR) has also encouraged Zimbabwe to take measures to fulfill its human rights obligations. In March 2013, the ACHPR urged Zimbabwe to put in place measures to ensure that the Diaspora votes in the referendum and the harmonised elections in the case of Shumba & Ors v The Government of Zimbabwe.4 Another institution that was set up to ensure that the rule of law is observed in SADC the SADC Tribunal - was suspended at the 2010 SADC Summit of Heads of State and Government as a direct result of the active lobbying of the government of Zimbabwe.5 The tribunal had handed down a decision that was not favourable to the government, and similarly to national judgments that were not acceptable to government, action was taken to weaken or remove criticism rather than comply with court decisions and respect the rule of law. Despite undertakings made in the GPA, the existence of clear constitutional safeguards, and bearing in mind the continued clashes with regional and international bodies as outlined above, it is clear that the IG has failed, and continues to fail, to adhere to the rule of law and respect for human rights. The new Constitution incorporates human rights – civil, political, economic, social and cultural rights. It also recognises the rights of minorities and children. Laws still have to be reformed to give effect to the expansive “Bills of Rights”. In addition, some human rights enshrined in international human rights standards have not been incorporated into domestic law. Such legislative reforms, impacting as they do on the conditions for credible elections, should have been put in place before the election date was so hurriedly proclaimed. 3 4 5 See Opening remarks by UN High Commissioner for Human Rights Navi Pillay at press conference during her mission to Zimbabwe (25 May 2012) available at <http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12192&LangID=E> Last accessed 27 July 2013. Communication 430/2012. SADC Tribunal available at < http://www.sadc.int/about-sadc/sadc-institutions/tribun/> Last accessed on 27 July 2013.