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Institutional and legislative reforms key to free and fair elections
Crisis
in Zimbabwe Coalition
October 15, 2010
Pronouncements
by Zimbabwe's main political parties, namely ZANU PF and the
Movement for Democratic Change (MDC) point to possible elections
in 2011. Almost two (2) years after the formation of the coalition
government, no steps have been taken to democratize the administration
and management of elections including creating a level playing field
for political contestants. Elections in Zimbabwe have been characterized
by widespread violence instigated mainly by State agents and other
entities such as the war veterans and the youth militia. The state
agents such as police, army and the intelligence operatives have
conducted their duties in a patently partisan and unprofessional
manner.
The Crisis in
Zimbabwe Coalition reiterates its long held position that electoral
reforms alone will not bring about democratic, free and fair elections.
We urge the inclusive government to take concrete steps towards
fully implementing the GPA.
This includes sponsoring institutional and legislative reforms to
create a conducive environment for the holding of credible elections.
The political environment remains poisonous, restrictive and characterized
by ZANU PF impunity. The Coalition notes that;
1. The militarisation
of the country's electoral politics should be stopped and
all military personnel deployed in the communities re-called to
the barracks. Making partisan public statements (pre- emptive coups)
against other political players as was the case in 2002 and 2008
is uncalled for and has no place in a functional democracy. The
role of the military in the electoral charade of the June 2008 election
run -off should not be repeated.
2. The structures of violence mainly made up of para-military groups
including the youth militia and war veterans remain in place. These
groups, which were seemingly docile over the past two years, were
responsible for the instigation of violence during the run-up to
the June 2008 Presidential run-off and other preceding elections.
Events of the 18th and 19th of September 2010 when alleged ZANU
PF youths disrupted constitutional outreach meetings in Harare and
Chitungwiza are reflective of the continued existence of institutions
of violence which are waiting to strike at their self prescribed
time.
3. Repressive laws, which hinder the exercise of civil and political
liberties such as freedom of association and expression, both key
components in the holding of democratic elections, are still in
place despite commitments by ZANU PF and the two MDC formations
to repeal the laws. One of these laws, the Public
Order and Security Act (POSA) makes it mandatory for political
parties to seek police clearances before holding rallies and was
used in 2008 to frustrate efforts by the MDC to hold public gatherings
with their supporters. Of particular concern is the Presidential
Powers Temporary Measures Act which gives the President unfettered
power to make law in between elections, in which he is a contestant.
In 2008, the act was used to reverse an electoral provision which
allowed the differently abled to vote with the assistance of their
trusted friends and family members, replacing it with a provision
which conferred the responsibility to the partisan police and ZEC
officials.
4. Key government
institutions remain highly politicised and exhibit an inability
to operate impartially. Of note is the continued selective application
of the law by the police who continue persecuting MDC supporters
and members of the pro-democracy forces as exemplified by the continued
arrests of MDC officials on trumped up charges and the apprehension
of Women of Zimbabwe
Arise (WOZA) activists in September 2010. Additionally, police
inaction in curbing violence instigated by alleged ZANU PF supporters
during the constitutional outreach meetings reflects negatively
on their role in the promotion of peace in the country. Members
of the police force deliberately stood by while ZANU PF supporters
were disrupting and ejecting bonafide Zimbabweans from the meetings.
Instead of apprehending perpetrators, the police neglected their
duties choosing to arrest an MDC official in Greystone Park on allegations
of causing disruptions. Contrary to Article 13 of the GPA which
states that state institutions should be non-partisan, the public
media continues churning out ZANU PF propaganda and denigrating
representatives of other political parties. In the past, the public
broadcaster has devoted more airtime and space to ZANU PF during
election campaigns at the expense of other contesting parties.
5. In August 2010, the Zimbabwe Electoral Commission
stated that they are unable to run the elections in 2011 owing to
resource constraints. These resources are key in that they allow
for the conducting of voter education, which is a prerequisite in
any democratic election and also allow for the auditing of the voter's
roll. In addition, potential voters are still facing obstacles in
accessing identity documents which are important in voter registration.
Technical problems could adversely affect outcomes of these elections
as there will be greater room for vote rigging and manipulation
of people's votes.
The Southern Africa Development Committee (SADC)
Principles and Guidelines Governing Democratic Elections clearly
underscore the following among the key imperatives for the holding
of democratic elections; Freedom of Association, full participation
of citizens in political processes, equal opportunities for all
political parties to access the media, Independence of the judiciary
and impartiality of the electoral institution and voter education.
Article 17 of the African Charter on Democracy, Elections and Governance
(2007) reiterates the need for a code of conduct to ensure an undisputed
transfer or retention of power, impartiality of electoral bodies,
strengthening of mechanisms which allow for the redress of electoral
disputes (in Zimbabwe this translates to an independent judiciary)
and fair access to the media by contesting parties.
In light of the above, The Coalition demands a clear
roadmap that will lead to democratic elections. We call upon the
parties to the GPA that constitute the inclusive government to do
the following :
1. Fully implement the Global Political Agreement
(GPA) which, among other things underscores the need for;
a. Ensuring that structures controlled by political
parties desist from violence (Article 18)
b. Legislative reforms take place (Article 17) particularly
of laws which hinder fundamental freedoms
c. Reformation of state organs and institutions
in order for them to operate impartially and non-partisan (Article
13)
2. Providing technical assistance to ZEC and the
Registrar General's office with the help of SADC and the AU
with the view of enabling the bodies to conduct voter education,
auditing the voter's roll and providing identity documents
to citizens for voter registration purposes.
SADC
and the AU;
1. Supervise
Zimbabwe elections to ensure full compliance with SADC Principles
and Guidelines Governing Democratic Elections as agreed on by the
Heads of State and Government in 2004
2. Facilitate technical support to the newly appointed Zimbabwe
Electoral Commission by more experienced regional electoral bodies
such as the Independent Electoral Commission of South Africa
3. Guarantee the democratic transfer or retention of power to the
eventual winner of the proposed elections. In tandem with this,
SADC must also use political and diplomatic pressure to ensure that
that the inclusive government prioritises security sector-reform
in Zimbabwe to ensure that security forces are non-partisan in the
execution of their duties;
4. Deploy observers to Zimbabwe to closely assess the electoral
environment before, during and after the elections as per Article
20 in the African Charter on Democracy, Elections and Governance.
Visit the Crisis
in Zimbabwe fact
sheet
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