Critically Examine the Extent of Which the Rule of Law
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
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
References: Africa University Reader (2008) Conflict Prevention, Management and Resolution in Africa Global Political Agreement Document (2008) Harare-Ministry of Constitutional and Parliamentary Affairs Module MPSL 503 (2010) Peace, Gender and Conflict Resolution, Harare-Zimbabwe Open University Module MPSL 508 (2011) Conflict Resolution Processes, Harare-Zimbabwe Open University News Day (Southern Edition)) 09; 28 March 2011 04; 07April 2011 The Chronicle 07 March 2011