RESPECT FOR HUMAN RIGHTS AND OPERATING ENVIRONMENT SUMMARY The first six months of 2010 brought no change in the political stalemate facing the Inclusive Government over several sticky outstanding points, among them, appointment of permanent secretaries, senior diplomats, provincial governors, the Reserve Bank Governor, the Attorney General and refusal by President Mugabe to swear in Deputy Agriculture Minister – Designate, Roy Bennet. The deadlock not only threatens the stability of the Inclusive Government but also casts a black shadow over the political developments crucial for democratisation, these being the roll out of constitution making exercise to produce a credible outcome, and thereafter, the referendum and elections. The three reports produced by the Cluster between January and June, of which this is a consolidation, show that although there may not be wholesale failure to implement and adhere to the terms of the agreement, certain breaches to the agreement continued to occur resulting in human rights abuses. Although many activities proceeded without hindrance, the operating environment for civil and political organisations remained restricted, characterised by instability and inconsistencies. The Zimbabwe Republic Police continues to invoke repressive legislation like POSA, AIPPA and the Criminal Code to arbitrarily impose bans on some political and civil organisations’ activities, as well as to interrupt and disperse them. More worrying were the actions of individuals, abusing their authority to further their political affiliations or to ban participation in certain meetings and gatherings. Numerous incidents of politically motivated violence and intolerance centred on the constitution making process; although many of these did also take place peacefully. The following are the specific GPA benchmarks identified by CISOMM to measure compliance and non compliance with regards to protection of human rights, and civil liberties and the creation of a conducive operating environment for civil society. BENCHMARKS • Political meetings /rallies held without hindrance • Police do not invoke Public Order and Security Act (POSA), Access to Information and Protection of Privacy Act (AIPPA), & Criminal Code to restrict meetings. • No unlawful detentions, arrests, human rights abuses committed by police and other state and non-state actors. • State sponsored political and other violence ceases. • Education and peace building initiatives unimpeded. CIVIL SOCIETY MONITORING MECHANISM (CISOMM) SIX MONTH SHADOW REPORT ON THE PERFORMANCE OF THE INCLUSIVE OF ZIMBABWE 36