Get e-book Race Against Time: The Need for Legal and Institutional Reforms Ahead of Zimbabwe’s Elections

Free download. Book file PDF easily for everyone and every device. You can download and read online Race Against Time: The Need for Legal and Institutional Reforms Ahead of Zimbabwe’s Elections file PDF Book only if you are registered here. And also you can download or read online all Book PDF file that related with Race Against Time: The Need for Legal and Institutional Reforms Ahead of Zimbabwe’s Elections book. Happy reading Race Against Time: The Need for Legal and Institutional Reforms Ahead of Zimbabwe’s Elections Bookeveryone. Download file Free Book PDF Race Against Time: The Need for Legal and Institutional Reforms Ahead of Zimbabwe’s Elections at Complete PDF Library. This Book have some digital formats such us :paperbook, ebook, kindle, epub, fb2 and another formats. Here is The CompletePDF Book Library. It's free to register here to get Book file PDF Race Against Time: The Need for Legal and Institutional Reforms Ahead of Zimbabwe’s Elections Pocket Guide.

Observers need to be alert to any changes in these patterns and the frequency of his appearances at official and ceremonial functions. Any evidence of diminished vigor on his part would be significant. The state and ruling party are inextricably intertwined. Mugabe's "guided democracy" has long been the decisive factor in resolving debates over party rules and offices.

With his latest moves, however, Mugabe has taken his personal control to a new level. Significant opposition to Mugabe's authoritarian role would likely be met by repressive measures, but conceivably could trigger a crisis within the ZANU-PF. Public unrest. The security establishment, led by the "securocrats"—the senior leaders of the police and armed forces—controls not only the muscles of the state, but also a significant portion of the nation's economy.

Civil violence or mass civil disobedience is unlikely as long as the grip of the securocrats remains firm.

The failure of security forces to curb protests, strikes, and demonstrations through the use of force and intimidation might be an indicator of divisions among the securocrats. Observers should watch for changes in the major military and police commands and possible movements of army and police units.

Likewise, it will be important to watch for increased willingness on the part of the political opposition and civil society groups to carry out protest activities. A serious political crisis in Zimbabwe could affect U. It could generate a significant humanitarian problem that would likely require an expensive U. It could also delay hope of a productive bilateral trade and economic relationship, since U.

Emmerson Mnangagwa

Bilateral political relations, trade, and investment would continue to be limited by legally mandated sanctions. A crisis could require U. Perhaps more important, a crisis in Zimbabwe could lead to potential friction with South Africa and other SADC member states on how to respond to human rights violations by the Zimbabwean government. On the other hand, a stable and prosperous Zimbabwe would likely advance U. Zimbabwe's rich endowment in human and natural resources would allow it to play a leading role in shaping Africa's future. Bilateral trade and investment would probably not increase rapidly, but would likely build over time.

Robert Mugabe

Revival of Zimbabwe's agricultural sector—perhaps with the benefit of American expertise—would obviate continued humanitarian food aid. Eventually, Zimbabwe's police and armed forces could be expected to play constructive roles in SADC and African Union peace operations. Zimbabwe would become a more attractive destination for U. The former president, Mengistu Haile Mariam, was tried and given a life sentence in abstentia, but lives in exile in Zimbabwe, which has refused to extradite him.

The National Reconciliation Commission of Ghana was established under the National Reconciliation Act , Act , to seek and promote national reconciliation among Ghanaians by establishing an accurate historical record of human rights violations and abuses inflicted on persons by public institutions and public officers from 5 March to 6 January , and recommend redress for the wrongs committed. The commission set up 6 committees: legal profession; professional bodies other than legal; the press, the labor and student movements; the security services; religious bodies and chiefs.

The commission met from January to October and published its final report at the end of its proceedings in A 3-member reparations committee was mandated to ensure compliance with the recommendations of the commission. Although the government has paid reparations to many of the victims of human rights abuses, there have been complaints and the government itself has recognized the fact that the amounts paid were not entirely satisfactory. There was little chance the Mwai Kibaki government would ever accept such a plan, but with the new transitional government of national unity now in place, there is a good chance that this might be one of the structures put into place to prepare the foundation for a more durable democracy.

One of the most recent truth commissions on the continent is that in Liberia, which was inaugurated on 20 February and is supposed to meet for two years with allowance for additional 3 months extensions up to one year. The Truth and Reconciliation Commission Act , on which the commission is based states that it has a mandate to promote national peace, security, unity and reconciliation by:. After many delays, largely caused by financial and logistical problems, the commission only started its public hearings in early Hearings will fall into three categories: individual hearings based on statements or interviews; thematic hearings that will look for the trends and causes of the conflict; and institutional hearings, which will examine how national institutions such as the judiciary and education system have been affected by the conflict, with a view to bringing about reforms.

Besides the delays, the process has been criticized by local civil society groups who claim that the commission is acting contrary to a memorandum of understanding by which civil society was to be the key implementing partner of community-based programs. Another major drawback to the process is the fact that former president, Charles Taylor, has through his lawyers obtained an order from the Supreme Court that prohibits any testimony about him being heard by the commission.

They argue that such testimony may complicate his trial with the Special Court of Sierra Leone. Morocco has at various stages established three transitional justice processes: a truth commission, a commission on arbitration, and a human rights advisory council. It operated between 7 January and 30 November and its mandate was to:. The commission was given no powers to name individuals responsible for abuses or to compel testimony or the production of documents. Nevertheless, it investigated 16, cases and awarded compensation to 9, of these.

It underscored the importance of constitutional reforms, particularly the separation of powers and the establishment of an independent judiciary. The final report was presented to the King in December The King endorsed many of the recommendations and asked the Consultative council on human rights to ensure that action was taken to implement the recommendations.

Although this commission is the first of its kind in the Arab world, its potential impact was limited by the fact that it could not name individuals responsible for human rights abuses, hence it could not make any recommendations concerning the perpetrators and its mandate was also limited in terms of the range of abuses experienced. As a result, its investigation was not as comprehensive as it should have been and it is no surprise that on 26 June , the Moroccan section of Amnesty International presented its annual report in which it recommended compensation to 9, former victims of human rights abuses in the country.

It operated between July and December and its specific mandate was to provide financial reparations for victims of past abuses illegal detentions and relatives of disappeared persons , and amnesty. The commission resolved 4, cases in which 3, claimants were awarded compensation and refused to review a further 6, requests for compensation because they were received after the 31 December deadline.

Generally, both the reports and the process of reparations have been severely criticized by human rights activists and victims as having been limited in their delivery of truth and accountability. The Human Rights Advisory Council was also established by the King in to investigate and document cases of disappearance. It operated for 6 months and no report was ever released apart from a press release which acknowledged cases of disappearances.

A proposal by the former Nigerian president, Olusegun Obasanjo, to establish a Reconciliation commission to investigate the causes, nature and extent of the gross violations of human rights that took place from June to May , never materialized. At the end of , the Governor of Rivers state announced that a truth commission local to the state will be established and charged with the responsibility for unearthing the remote and immediate causes of cult clashes in the state and identifying perpetrators and victims with a view to prosecutions and compensation.

Public hearings were held in Abuja, Lagos, Kano and Port Harcourt between and when the panel was in operation.

Your tax deductible gift can help stop human rights violations and save lives around the world.

Although the panel concluded and submitted its report containing numerous findings and recommendations to President Obasanjo in May , this report was never officially released until a coalition of pressure groups published it in January There have been five different transitional justice processes that have been undertaken in Rwanda viz, a National Unity and Reconciliation Commission, an International Panel of Eminent Personalities to investigate the genocide, Gacaca courts, the International Criminal Tribunal for Rwanda and the International Commission of Investigation on Human Rights Violations in Rwanda.

The broad objective of the commission is to sensitize the Rwandan people about reconciliation and unity as well as foster tolerance. It operates through three main programs, civil education, conflict mediation and community initiatives. The first national conference on unity and reconciliation was held between October , and a second one between October , and the most recent in December The commission now works as a permanent institution. It was charged with the responsibility of investigating the history of Rwanda and the circumstances leading up to the genocide and operated between January and June The Gacaca courts were established by the Gacaca law of March The mandate of these courts was:.

Possible outcome of Zimbabwe election court challenge

These courts are responsible for holding trials for crimes of genocide and crimes against humanity committed between 1 October and 31 December The pilot phase started on 19 June and full implementation started on 24 June The Gacaca law defines different categories of crimes: Category 1 — those who planned or directed genocide numbering about 2,; and will be judged by the ordinary courts or the International criminal court ; Category 2- those who committed crimes with the intention to kill; or whose actions led to death; Category 3 — those who committed crimes which led to serious assaults against a person; Category 4 — offences against property.

The Gacaca courts are responsible for crimes which fall into categories In , there were over , people held in prisons and detention centers on charges of genocide crimes. Only 6, cases had been judged between and The Gacaca system was created to address this problem.

A fiercely debated program of land reform could address racial injustice—or cause chaos.

The expectation was that the process would be completed by the end of December but would continue should more time be necessary. By the end of , approximately one million people accused of involvement in the genocide had appeared before these courts. About , of these have been tried. Whilst many courts have now finished their trials, a few still continue.

The International Criminal Tribunal for Rwanda was established by UN Security Council Resolution of 8 November and charged with responsibility for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in Rwanda between 1 January and 31 December It was also given the power to prosecute Rwandan citizens responsible for genocide and other such violations of international law committed in the territory of neighboring states during the same period.

It was made up of three trial and one appeals chamber composed of 16 judges elected by the UN General Assembly. The tribunal was expected to complete its mandate by As of December , 35 cases had been completed while the trials concerning 23 were on-going.

Zimbabwe - United States Department of State

Two cases had been transferred to France and 30 cases transferred to the Rwandan national courts. A completion strategy prepared in May predicts the completion of trials on schedule, by the end of but notes that the workload of the Appeals Chamber will still be heavy. Security Council resolution of states that all the work of the tribunal must be completed by Genocide trials are also taking place within the Rwandan national court system as well as in other countries.

About trials have taken place in the national court system.

Accessibility links

The sentencing of approximately perpetrators by the national courts to community service has been denounced as insignificant and humiliating to genocide survivors by critics. It was mandated to investigate human rights violations between October and the time of the commission, After three months of investigation, it published a final report which documents 2, killings and unspecified number of attacks on civilians as well as kidnappings.

There have been two processes in Sierra Leone: a truth commission and a special court.