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Local
Government Elections
Zimbabwe Lawyers
for Human Rights (ZLHR)
July 22, 2003
Zimbabwe Lawyers
for Human Rights (ZLHR) is gravely concerned at the press reports
and other reports received at our offices relating to the failure
of aspiring candidates to register for the forthcoming local government
elections. ZLHR is informed that aspiring candidates failed to register
in the following areas; Bindura, in all the 10 wards; Chegutu, in
all the 11 wards; Karoi, in 4 out of 9 wards; Marondera, in 5 out
of 11 wards and in Rusape, in all the 10 wards. The main reason
given in many of the cases has been reports of threats, intimidation
and violence which have prevented the candidates from presenting
their papers to the nomination court. To some extent there have
been reports of candidates failing to register due to citizenship-related
technicalities raised by the Registrar General’s office.
ZLHR finds it
unfortunate and sad that despite 23 years of perceived independence,
the citizens of Zimbabwe still cannot fully enjoy the rights attendant
on full sovereignty, such as the right to vote or be voted into
public office, without attracting a real risk of organised violence
being visited upon them. There is no possible justification for
such a state of affairs in a country calling itself a democracy.
This is especially so when the issue of "one man one vote"
was one of the cornerstones on which the liberation war for Independence
was rooted.
The government
has an obligation to ensure that everyone participates in the free
and genuine election of people to represent their interests in public
office. It is not possible for the government to comply with its
duties in that regard if it participates in, or encourages, or fails
to condemn or deal effectively with violence, intimidation or threats
in all their forms, in what effectively leads to a denial of peoples
fundamental rights and freedoms.
The government’s
attention is respectfully drawn to the following instruments which
clearly state the government’s responsibilities when it comes to
the issue of election of people into public office;
Universal
Declaration of Human Rights, article 21 of which provides that;
"1. Everyone
has the right to take part in the governance of his country, directly
through freely chosen representatives.
2. Everyone
has the right to equal access to public service in his country.
3. The
will of the people shall be the basis of authority of government:
this will shall be expressed in periodic and genuine elections
which shall be by universal an equal suffrage and shall be held
by secret vote or by equivalent free voting procedures."
International
Covenant on Civil and Political Rights, article 25 of which
provides that;
"Every
citizen shall have the right and opportunity …without unreasonable
restrictions:
(a) To
take part in the conduct of public affairs, directly or through
freely chosen representatives;
(b) To
vote and be elected at genuine periodic elections which shall be
by universal suffrage and shall be held by secret ballot, guaranteeing
the free expression of the will the electors;
(c) To
have access on general terms of equality, to public service of
his country."
The African
Charter on Human and Peoples Rights, article 13 of which provides
that;
"1. Every
citizen shall have the right to participate freely in the government
of his country, either directly, or through freely chosen representatives
in accordance with the provisions of the law.
2. Every
citizen shall have the right of equal access to public service
of his country."
ZLHR also draws
the government’s attention to the Southern African Development Community
(SADC) Parliamentary Forum’s norms and standards for free and fair
elections which provide that the government security forces should
act impartially and professionally and should be able to provide
reasonable safeguards to political contestants. The same norms and
standards provide that the right to vote should be accepted as a
birth right and that eligible individuals should have a right to
non-discriminatory voter registration and nomination procedures.
Sadly the reported
events on nomination day show no meaningful effort on the part of
government to comply with its minimum obligations to Zimbabweans.
ZLHR therefore calls upon;
- the government
to comply with its obligations to ensure that those willing to
contest elections do so in an environment which is free and fair.
- the government
to publicly condemn and deal effectively with electoral related
violence.
- the political
leadership to preach tolerance and maturity.
- the police
force to act professionally without fear or favour in enforcing
the rule of law and peace during this election period.
- the public
to remain calm, peaceful and to respect mutual coexistence and
refuse to be manipulated into committing crimes against other
citizens.
Visit the ZLHR
fact sheet
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