Critically Examine the Extent of Which the Rule of Law

Topics: Political party, Zimbabwe, Politics Pages: 7 (2513 words) Published: April 21, 2011
Critically examine the extent to which the Rule of Law (ROL) has been implemented in Zimbabwe in an attempt to resolve conflicts and peace making in the Government of National Unity (GNU) The term Rule of Law (ROL) has been defined differently by different scholars hence the varying interpretations and interpretations and implementation by different governments. It is against this background that this monograph would like to examine the extent to which the ROL has been implemented in Zimbabwe from 2000 to date in an attempt to resolve the conflict in the Government of National Unity (GNU). A conceptual analysis of the terms ROL, conflict resolution and GNU will be made. Conceptual Analysis

The term Rule of Law (ROL) is a complex and dicey concept. The United Nations (2004) in module MPSL 508 (2011: 103) define the ROL as; a principle of governance in which all persons, institutions and entities of public and private including the state itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated and which are consistent with the international human rights, norms and standards. In other words the above citation implies that the state (which is responsible for the formulation, implementation and monitoring of policies and statutes) should be answerable to those statutes and implement them without any biases; and the judiciary should have the mandate to operate independently in seeing to it that justice is carried out. When justice is selectively applied then the ROL is being violated. Conflict Resolution

Reimann (2006:108) in the Africa University Reader views conflict resolution as “all process-oriented activities that aim to address the underlying causes of direct, cultural and structural violence. The above view seems to imply that conflict (particularly violent conflict) is bad hence something should be done to end it. Module 503 (2010) posits that conflict resolution is a non violent method used to solve problems within systems of government. These non violent approaches could be mediation, negotiation, facilitation, arbitration and co-operative problem solving.

Peace Making
Module MPSL 503 (2010:31) defines peace making as “the process of diplomacy, mediation and negotiation or other forms of peaceful settlement that arrange an end to a dispute and resolves issues that led to it. peace making as;

a form of conflict resolution with focuses on establishing equal power relationships that will be robust enough to forestall future conflict, and establishing some means of agreeing on some means of agreeing on ethical decision within a conflict that has previously had conflict. The above definitions seem to concur that peace making is a non-violent and diplomatic way of resolving a conflict and thus requires individuals with the appropriate craft –competency skills. Government of National Unity

The term GNU refers to the power sharing agreement that was formed by the three main political parties of Zimbabwe namely ZANUPF (former ruling party) and two MDC formations (MDC-T and MDC) after the March and June 2008 election. Main Body

The presentation, for its examination of the ROL, will focus on some of the 25 Articles that were signed on, 25 September 2000, (Global Political Aggreeement-GPA0 by the three ruling parties. The Articles will be extracted from the Ministry of Constitutional and Parliamentary Affairs handbook. The Global Political Agreement (GPA) Article VII on promotion of Equality, National Healing, Cohesion and Unity; item 7.1 states that the three parties agree to ensure; a)Equal treatment of all regardless of gender, race, ethnicity or place of origin; and b)The creation of an environment of tolerance and respect among Zimbabweans and that all citizens are treated with dignity and decency irrespective of age, gender, race, ethnicity, place of origin or political affiliation. After the signing of the GPA in 2008 there was...
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