I n s t i t u t e fo r j us t i ce a n d r eco n ci l iat i o n a fr i c a pr o g r a m m e
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legal and human security;
the avoidance of arbitrary arrests; and
procedural and legal transparency.
In the view of many respondents in this study, Zimbabwe’s state authorities have been more
concerned with consolidating their own power than with strengthening the rule of law, and
seem to perceive the latter as a threat to the former. Given the legal impunity for human
rights abuses that has reigned in Zimbabwe since 2000, the majority of respondents strongly
advocated for institutional reforms in all sectors including education, health, public service
and local government, but most importantly in the police, the military and the judiciary.
The women acknowledged, however, that security-sector reform is fraught with challenges
because of the high levels of politicisation and militarisation within state institutions. The
women lamented that as long as the political environment remains fragile and contested, the
development of a relationship of mutual trust between the military and civilians will remain
a challenge. The judiciary and institutions of state security need to be reformed to ensure
that they uphold the rule of law in a non-partisan manner.
Participants in the study were asked about the timing of electoral processes. In the view
of most respondents, recent experiences in Zimbabwe have demonstrated that holding
elections without adequate political and security preparations undermines rather than
enhances the community’s respect for the rule of law. They noted that, at the time of the
study (in 2011), certain politicians were encouraging early elections in an attempt to lend
legitimacy to their political leadership, processes and institutions. But respondents felt
that premature elections had the potential to deliver, at best, nothing more than cosmetic
electoral democracy. Respondents noted that previous elections held in insecure conditions
discouraged meaningful participation by key groups, including women, and simply exposed
the electorate to undue personal risks. For example, candidates and parties that have scant
commitment to democratic principles and human rights have used election processes to
advance their political interests and consolidate their power. This can lead to radicalised
political discourses which promote violence and intimidation against opposition candidates,
particularly women.
Security and safety needs
Women respondents emphasised the need for the rule of law to be restored, not only to
promote peace but also to combat impunity related to sexual and gender-based violence.
Historically, sexual and gender-based violence have been the predominant abomination
in civil conflicts and wars, yet this egregious form of violence attracts little media attention
and tends to be excluded from transitional-justice discourses and processes (Mutua, 2008).
As shown later in this paper, respondents in this study noted that the trauma, stigma and
social ostracism endured by survivors of sexual violence have led to family and community
breakdowns, thus eroding the social fabric of society and creating long-term obstacles to
bringing about gender justice. They expressed the view that failure to prosecute crimes of
sexual violence sends a message to perpetrators that they can act with impunity. In fact,
many respondents were strongly opposed to policies and peace agreements that include
amnesties for crimes against humanity, gross violations of human rights or serious violations
of international humanitarian law. For them this makes a mockery of efforts to reassert the
rule of law.
These views are reinforced by a report released by AIDS-Free World (2009) on the serious
obstacles faced by women opposition activists who are attempting to dismantle the
patriarchal attitudes and practices of alleged ZANU-PF political stalwarts. The report revealed
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