Research and Discussion Paper on a TJ Framework for Zimbabwe The core obstacle in Zimbabwe for individuals to exercise their right to justice is impunity and the selective application of the law36 followed by the lack of access to justice. All these core obstacles have been and still prevail In Zimbabwe, the last example being the deployment of the army killing 7 people after the 2018 elections.37 The right to justice is enshrined in the Zimbabwean constitution. Additionally, human rights treaties like the CCPR, which Zimbabwe has acceded to, obliges member states: a. To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; b. To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; c. To ensure that the competent authorities shall enforce such remedies when granted. The Zimbabwean state does adhere to these basic international human rights and humanitarian law principles. For example, in its concluding observations to the first and only periodic report submitted by Zimbabwe to the CCPR the treaty body had urged the Zimbabwean government to take action citing as an example the food riots in 1998: “The committee urges that all cases of alleged excessive use of force committed by members of the police or the army be investigated by an independent and impartial body, that actions be taken against those officers found to have committed abuses and that compensation be paid to the victims”38. This recommendation from the CCPR treaty body is from 1998! Apart from great efforts from Zimbabwean NGOs supported by various international donors, the state has done almost nothing to enforce the right to justice. Legislation alone is not enough; it’s only the first step. The implementation adhering to the rule of law is the ultimate evidence that citizens are exercising their right to justice equally. Principle 19 of the updated principles to combat impunity prescribes that “States shall undertake prompt, thorough, independent and impartial investigations of violations of human rights and international humanitarian law and take appropriate measures in respect of the perpetrators, particularly in the area of criminal justice, by ensuring that those responsible for serious crimes under international law are prosecuted, tried and duly punished”. Is this happening in Zimbabwe? This has not and is not happening in Zimbabwe. What is the obstacle to exercise this right? 36 It has been observed that the Zimbabwean police force tend to be not impartial, by applying the law as it sees fit, ignoring the rule of law; The Forum: statement on the outbreak of violence and the selective application of the law; http://www.hrforumzim.org/wp- 37 http://www.hrforumzim.org/news/2018-post-election-violence-monitoring-report-updated/ 38 CCPR/C/79/Add.89, 6 April, 1998 22 DRAFT