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Zimbabwe Observer Mission's report on the 2005 Zimbabwe Parliamentary Election
Zimbabwe Observer Mission
April 08, 2005

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Introduction

About the consortium
The consortium issuing this report comprises the South African Council of Churches, the Southern African Catholic Bishops Conference, SANGOCO, Idasa, the Centre for Policy Studies and the Institute for Justice and Reconciliation. The consortium formed in 2004 and requested but was not afforded observer status. Members of the consortium did visit the country prior to and during the elections. They consulted widely with NGO and political groupings in Zimbabwe, interviewed a cross-section of Zimbabweans and followed the election process both from within and outside of the country. All members have longstanding programme partnerships in Zimbabwe.

The Mandate
The project to deploy regional civil society observers (in short known as the Zimbabwe Observer Mission) arose as a result of a joint conference held by South African and Zimbabwean civil society organisations on the elections in Zimbabwe held at the Burgers Park hotel, Pretoria on 4-5 October 2004. At that event, convened by some of the consortium members, a commitment was made to all participants that a team of regional civil society observers would be fielded. The convenors were severely criticised for not taking a very firm position on what was already appearing to be an inimical climate for elections. Instead they pointed to the recently signed SADC election guidelines as a possible opportunity and at the very least, a consensual election adjudication framework. They were also concerned to assist in reducing possible violence through their presence in the country and through a series of fact-finding visits, to encourage Zimbabweans to commit to a peaceful and fair election.

Accreditation
Until Tuesday March 22, the consortium continued to seek a formal invitation from the Zimbabwe government to field accredited observers. On Thursday 24^th March the consortium made a further intervention with the Zimbabwean Ambassador to South Africa and was led to believe that the matter was still pending. Given this ambiguous state of affairs, the consortium decided to scale back from a 50-member delegation to a small election week team who would witness the election in Zimbabwe.

This report is therefore a summary of impressions and findings based on a period of observation and research spent in Zimbabwe as follows:

• Five fact-finding missions that visited Zimbabwe in February and March 2005
• A three person medium term observer team that spent 28 days in Zimbabwe ahead of the elections
• An eleven (11) person poll watcher team backed by Zimbabwean support staff.

The report consists of both a general overview of the elections and an assessment of adherence to the "SADC Principles and Guidelines Governing Democratic Elections".

Statements issued by the consortium and its leadership at various stages in the process are appended.

Election Observation
The conduct of a transparent and open election process in accordance with established legislation is fundamental to a democratic society. Political participation is important not only for the immediate election process, but also is a basic right enshrined in many constitutions either directly or through such rights as freedom of expression, movement, peaceful assembly and association. Political rights and democratic elections are firmly entrenched as fundamental tenets of African governance and development.

In recent years, the observation of elections has emerged as an important task in support of democratic consolidation and universal human rights. This expansion of election monitoring and observation efforts is directly related to the corresponding global trend toward democratisation. Election observation is therefore more than just a technical exercise, as it can also contribute directly to the promotion and protection of universal human rights.

As in other parts of the world, election observation has also become an integral part of the electoral process in the countries of the SADC region. In this regard, observers have already played a significant role in enhancing the transparency and credibility of elections and the acceptance of results.

As a sign of their continued commitment to the ideals of promoting the development of democratic institutions and practices and encouraging the observance of universal human rights, the SADC member states have adopted the "SADC Principles and Guidelines Governing Democratic Elections" as an instrument against which the actions of the members can be measured. Not only does this document provide guidelines for the holding of elections, it also recognises and entrenches the role of international observers, especially from SADC, in the election process and provides a practical code of conduct for election observers.

The consortium adopted the SADC principles and guidelines governing democratic elections as a framework for their observations. The elections in Zimbabwe were thus assessed using the SADC Principles and Guidelines Governing Democratic Elections which have been signed by Zimbabwe itself.

Election observation is not a one-day event. Elections at the very least have three distinct stages that each provide the observer with specific challenges and criteria. For this reason, the challenges imposed by non-accreditation notwithstanding, the consortium covered all three phases of the election process i.e. pre-election, election and post-election.

"Free and fair"
The consortium did not intend to make use of the now controversial terminology "free and fair". Despite this slogan having been severely criticised in African conferences on election observation as far too simplistic a judgement, it was ironically used by some international observers as though it provides a validation which should be automatically accepted by the citizens of Zimbabwe. At the very least, observers should note that best electoral behaviour and the legal system in Zimbabwe make allowance for judicial review of results, and that losers have every right to question the result. But because this mantra has been invoked, it is important to reflect on the phrase. Without going into the detail which can be found in any cursory review of the literature, the concept refers to two essential components of an election. There should be free political activity untrammelled by repressive laws, intimidation, violence or restriction on contestants and citizens in their discussion of politics or their access to information which would enable that discussion to be an informed one. A free election allows individuals to make up their mind without restriction. A fair election on the other hand has been best described as one in which "the playing field is level" and the referee unbiased.

Early practical knowledge on this concept was evolved in the liberation election of South West Africa/Namibia. It was designed to protect a vulnerable people against abuse by a state in which the incumbent was clinging to power.

It is disingenuous in the extreme to suggest that a free and fair election is one in which there is no violence and people can get to the polling station to vote. Given that this judgement was made by people who should know better, it is understandable that Zimbabweans are deeply suspicious of the motives of these groups.

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