IBA slams Zimbabwe election

International lawyers have voiced their dismay at Zimbabwe's continuing disregard for the rule of law following the country's recent presidential elections.

A group of lawyers appointed by the International Bar Association's (IBA) human rights institute to examine recent government legislation rushed through prior to voting found that it 'unlawfully restricted the freedom of expression and association, and therefore had an impact on the election'.

IBA executive director Mark Ellis said the team, made up of four international lawyers from New York giant Shearman & Sterling, found 'after comprehensive review, inconsistencies with democratic standards and the international standards of the rule of law'.

The investigation was prompted by concern over the speed of the passing of the laws that make it a criminal offence to insult the president, or to publish or communicate statements that may be seen to undermine the public confidence in a law enforcement agency.

Provisions have also been put in place to restrict the organisation of public meetings and powers conferred onto the police to use 'deadly force' to break up such gatherings.

These latest actions follow the resignation earlier this month of another high-powered member of the judiciary in Zimbabwe.

Justice Ebrahim stood down after 12 years' service following the issue of a government decree which overturned his decision in the Supreme Court to reject legislation that restricted election monitors.

The IBA said the resignation showed re-elected President Robert Mugabe's 'complete failure' to comply with assurances he gave in March 2001 to an IBA delegation that he would defend the independence of the judiciary and the rule of law.

The delegation - which included the now Attorney-General, Lord Peter Goldsmith QC - went to Zimbabwe after Chief Justice Anthony Gubbay resigned amid talk of government threats and intimidation.

The delegation reported that it was 'shocked and dismayed' by the discovery that reports of intimidation of members of the judiciary were justified (see [2001] Gazette, 26 April, 6).

Mel James, the Law Society's international policy executive for human rights, said: 'We are following with both interest and concern any developments in Zimbabwe affecting the legal fraternity.'

Andrew Towler