MUGABE MUST RESPECT THE RULE OF LAW

ZANU PF militants stormed a parliamentary committee meeting on a proposed human rights bill in Harare on Saturday (23rd July 2011), forcing legislators to call in the riot police."We had no option but to cancel the hearing. There was too much chaos. It's unbelievable," said Misheck Marava, who chairs the Thematic Committee on Human Rights in the House of Assembly. Some 300 Zanu PF supporters tried to force their way into the public hearing. "We cannot allow this to go ahead. Our colleagues who are outside have to come in," said one of the Zanu PF supporters before attacking Member of Parliament Robert Tshuma. "That man was not singing the national anthem. What kind of an MP (Member of Parliament) is he who can't sing our own song? Leave now," she said.

The woman head-butted Tshuma, assisted by other Zanu PF supporters. They then dragged Tshuma out of the parliamentary building. Outside, journalists were also attacked, before riot police dispersed the crowd. "Why are they recording us? We will destroy their equipment," a Zanu PF supporter said. The Zanu PF supporters chanted slogans attacking Mugabe's main rival, Prime Minister Morgan Tsvangirai, saying his Movement for Democratic Change (MDC) party was a front for whites and the West.  

A similar hearing in the southern town of Masvingo was abandoned on Thursday after unrest blamed on militants of President Robert Mugabe’s party widely accused of rights violations. Two other provincial meetings to discuss a proposed Human Rights Bill and the setting up of a human rights investigation commission have also been disrupted this month, the lawyer’ group said. Lawyers at the parliament said the chaotic scenes prevented Zimbabweans “peacefully and in their diversity” debating proposed human rights legislation they say is already flawed. 

A planned state human rights commission is only empowered to probe alleged abuses that occurred after the formation of a shaky power-sharing coalition in 2009 between Mugabe and the former opposition led by Tsvangirai. Killings, death threats, state-orchestrated political violence, torture and rape reached a peak surrounding disputed elections in 2008 that led to the coalition agreement brokered by regional leaders.

On Wednesday, police stopped a youth meeting scheduled to be addressed by U.S. ambassador to Zimbabwe Charles A. Ray in Kwekwe and militants from Mugabe’s party overran that gathering. Rights groups say political intimidation has surged since Mugabe called for early elections to bring an end to the coalition. Ray protested afterward that “elements of the security sector and some political parties remain afraid of allowing a free exchange of ideas.”

The Zimbabwe Human Rights Bill is part of democratic reforms that Mugabe and his former opposition rivals agreed to in 2008 when they signed a power-sharing agreement. Zanu PF favours elections this year, but Tsvangirai insists key political reforms must first be implemented. Rule of law is the principle under which a government exercises its authority in accordance with clear, objective, and publicly disclosed laws. Laws must be adopted and enforced through established procedures and in compliance with internationally recognized standards. The rule of law is a key component of a social order grounded in consistency, predictability, and transparency. It is the foundation of a democratic society, the means by which people protect their liberty in a society of equals.  

Rule of law serves as a check on abuses of private and government power, providing equal access to all citizens and a clearly defined procedure for formal justice. Well-written laws are a first step, but they must also be fairly and openly enforced by accessible and accountable institutions. Only when basic standards of fair treatment, independent and ethical law enforcement, and due process for all are met, is there rule of law.  

Core Building Blocks of Rule of Law  

1.      Fair laws: The laws need to be clear, publicized, stable, and fair, and they must protect internationally recognized rights.

2.      Accountable officials: The government and its officials and agents must be accountable under the law.

3.      Due process: The process by which the laws are enacted, administered, and enforced needs to be universally accessible, fair, and efficient.

4.      An independent judicial system: Laws need to be upheld, and access to justice provided, by competent, independent, and ethical judges, law enforcement officials, and attorneys or representatives, with adequate resources to perform their roles.  

All truly democratic nations aspire to respect the rule of law. Even in countries where freedom of association, freedom of speech, and other human rights are routinely ignored, there is growing hope. Increasingly, across the world, justice under the law is possible. But this justice must be built. Institutions must be created or reformed to guarantee progress toward fairness and equality and to protect human freedoms and fundamental rights.  

Rule of Law and Worker Rights 

Worker rights are essential to democratic societies. Across the globe, people spend most of their waking hours at work. Along with providing justice in the workplace, worker rights empower people to exercise fundamental rights in their broader communities. Legal protections for workers on the job provide them with the ability to enjoy freedom of speech, assembly, and movement as well as other human and political rights. 

Unions Build and Protect the Rule of Law

 Human rights must be demanded, created, maintained, and preserved. As the main proponents of worker rights and social protections worldwide, unions play an important role in building and defending rule of law. Whether fighting against slavery or for the right to a pension, labor unions must act as a balance against private, corporate, and governmental abuse of workers. Even workers who are not members of unions benefit from a vibrant, democratic labor movement.

Unions have the capacity to advocate for protections against child labor and human trafficking, enforcement of occupational health and safety codes, wage and hour laws, and many other vital rights. Only unions can democratically and sustainably mobilize workers to defend their economic interests against exploitation in an increasingly competitive global economy.Stanley Mauro Jensen-Blogger