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Request
to set up Commission of Enquiry into the conduct ZEC in the 2008
elections
Action
for Southern Africa
February
16, 2009
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We are glad to bring
to your attention a report that was produced by the Anti-Corruption
Trust of Southern Africa (ACT-Southern Africa) in January 2009,
pertaining to the conduct of the Electoral Commission of Kenya (ECK)
and the Zimbabwe Electoral Commission (ZEC) in the management of
free and fair democratic elections.
As you are already aware,
the elections in the two countries were problematic since they triggered
violence that resulted in loss of life, internal displacements and
extreme levels of insecurity. In Kenya alone, the violence left
more than 1,200 people dead and close to 350,000 uprooted. In Zimbabwe,
at least 160 people were killed and about 30,000 were internally
displaced. Other effects of the bungling by the ZEC is that the
state was left paralysed and with no government in place from March
2008 until February 2009.
However, in Kenya, the
Government of National Unity (GNU) has taken progressive steps to
address the situation in the spirit and mood of reconciliation.
Two Commissions of Enquiry were set up to investigate the bungled
elections and they have long since produced reports on the same.
One of the Commissions was led by Justice Johann Kriegler and six
other members who were appointed to hold a public inquiry into allegations
of electoral fraud during the 2007 elections. Justice Kriegler was
assisted by Horacio Boneo, an Argentinean election expert, and Tanzania's
Justice Imani Daudi Aboud. The setting up of the Commission follows
an agreement between Mwai Kibaki's Party of National Unity (PNU)
and the Orange Democratic Movement (ODM). Both sides identified
two representatives while the panel of eminent persons led by former
UN Secretary General Kofi Annan picked Justice Kreigler and two
foreign experts.
In our report, we have
recommended that the Zimbabwean Government of National Unity (GNU)
should consider the following actions in the spirit of reconciliation:-
a) The setting up of an independent commission of enquiry into the
conduct of the ZEC on the elections held on 29 March 2008, and the
Presidential run-off election that took place on 27 June 2008. If
an enquiry is made, we recommend that the findings of such an enquiry
should be made public and its recommendations fully implemented,
and
b) Investigate fully
and prosecute all those responsible for the abductions and killings
of political activists, human rights defenders and electoral officials
such as Mr. Ignatius Mushangwe, a ZEC official who was abducted
and killed in June 2008.
Please refer to our report,
attached hereto, for more information about the conduct of the ZEC
and other recommendations made to political parties, ZEC officials,
law enforcement agents, the AU, the SADC and United Nations.
Also please feel free
to contact the undersigned for any further clarifications pertaining
to this request.
We look forward to your
co-operation.
Yours sincerely,
Norman Tjombe
Chairperson Anti-Corruption Trust of Southern Africa
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