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Proposed Electoral Reforms in SADC & Zimbabwe in particular at SADC Summit, Grand Baie, Mauritius, August 2004
Zimbabwe Election Support Network (ZESN)
August 13, 2004

Grand Baie, Republic of Mauritius - The Zimbabwe Election Support Network (ZESN), is a network of 35 civic organisations in Zimbabwe promoting democratic elections. We have also observed elections in the SADC region, the African continent and beyond. This year alone we have already the elections in South Africa and Malawi. The region will be witnessing several other elections this year and 2005, including in Mozambique, Namibia, Botswana, Zimbabwe and possibly Angola.

ZESN therefore welcomes the initiative by the SADC states to introduce the SADC Principles and Guidelines Governing Democratic Elections. However, we would want to see the proposed principles and guidelines strengthened in several respects. In particular, the principles and guidelines should incorporate the following:

• The Universal Declaration of Human Rights (UN , December 1948);
• The International Covenant on Civil and Political Rights (UN, December 1966);
• The African Charter on Human Rights and Peoples' Rights (OAU, June 1981);
• The SADC Parliamentary Forum's Recommendations on Elections (March 2001);
• The OAU/AU Declaration on the Principles Governing Democratic Elections in Africa (Durban, 8th July 2002);
• The New Partnership for Africa's Development (NEPAD, 2001) Democracy and Political Governance Initiative;
• The SADC Declaration on a minimum of 30% of women in all areas of decision making by 2005; and,
• The Electoral Commissions Forum (ECF) and the Electoral Institute of Southern Africa's (EISA) Principles for Election Management, Monitoring and Observation (PEMMO) in the SADC Region (November 2003).

It is imperative that there be very clear enforcement mechanisms. The important role of civil society in the entire electoral process should be fully recognised. All countries should also welcome both domestic monitors and observers from society and international observers. Such measures would enhance the transparency of the electoral process and improve the chances of the results being accepted by all contestants, the voters themselves and the regional and international community. These are some of the issues that were raised at a regional conference on elections that was organised by ZESN and EISA in Victoria Falls, Zimbabwe, 2-3 August 2004. The conference was attended by members of parliament, electoral commissions and civil society representatives from all SADC countries.

Zimbabwe has been undergoing a crisis that appears to have been worsened by the perceived flawed electoral processes during the 2000 parliamentary elections and the 2002 presidential elections. Zimbabwe was subsequently suspended from the Commonwealth, resulting in Zimbabwe withdrawing from the body on the eve of the Abuja Commonwealth Heads of Governments Meeting in December 2002. However, at the opening of the last session of the Fifth Parliament of Zimbabwe, the President announced that government would be introducing 'significant electoral reforms' that would include, inter alia, the introduction of ad hoc electoral tribunals. We welcome this announcement. However, we have made very concrete and positive suggestions pertaining to the process of appointment and powers of the proposed IEC to ensure that it would be truly independent. Specifically, we recommend that the proposed IEC commissioners should be vetted and approved by two-thirds majority in Parliament and be answerable directly to Parliament. It would certainly not be adequate to merely amend the Electoral Act and introduce minor cosmetic administrative changes. It is vital that there be broad national discussion involving all political parties and civil society to ensure broad national consensus on what would constitute 'significant electoral reforms'. Inevitably, this would eventually result in significant amendments to Zimbabwe's Constitution.

However, electoral laws alone will not necessarily create conducive conditions for free and fair elections. In the case of Zimbabwe, it will also be imperative to address the very restrictive and discriminatory media environment, the unnecessary restrictions to the freedom of assembly and association and the culture of violence that has witnessed most of our past elections. More recently, the proposed Non Governmental Organisations Bill will severely curtail the activities of most civic organisations in Zimbabwe. For example, Clause 17 of the proposed Bill states that "no NGO shall receive any foreign funding or donation to carry out activities involving or including governance issues". ZESN condemns this proposed Bill. It is in bad faith, moreso when it comes close on the heels of the proposed electoral reforms. In this connection, ZESN fully endorses the efforts being taken by the National Association of Non - Governmental Organisations (NANGO) in Zimbabwe. NANGO, who are sharing the platform with us at this press conference today, is the largest official umbrella organisation of NGOs in Zimbabwe.

As we gather here in Mauritius, we implore the SADC summit to agree on a comprehensive protocol on elections that should be signed by all countries. This should be followed by concrete mechanisms to ensure compliance by all states through domestic legislation and practice.

Finally, we take this opportunity to call upon sister civic society organisations in the SADC region to give full solidarity to civic organisations in Zimbabwe that are fighting to widen the democratic space and to create conditions that are conducive to good governance, peace and stability and economic prosperity.

For further information, please the contact the undersigned on the mobile numbers shown below.

Thank You

Reginald Matchaba Hove
NATIONAL CHAIRPERSON

Ms Rindai Chipfunde
NATIONAL DIRECTOR

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