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This article participates on the following special index pages:
Review of SADC Principles and Guidelines Governing Democratic Elections - Opinion and Analysis
Can
SADC Guidelines Act as Catalyst to Open the Required Political Space
for Democratic Elections in Zimbabwe...or Not?
International Bar Association (IBA)
Weekly Column on Zimbabwe - No 047
August 30, 2004
Continued deterioration
in Zimbabwe's legal and political environment combined with two
events - publication of harsh non-governmental organisation (NGO)
laws and protocols for democratic elections agreed by the region
- precipitated last week's opposition decision to suspend participation
in polls.
A subverted
electoral environment of oppressive laws, brutal youth brigades,
compromised courts and violence against opposition Movement for
Democratic Change (MDC) supporters led the party to decide it would
not put supporters' lives at risk in the 2005 general election.
'Members have
been saying that they are prepared to put their lives on the line
to win a free and fair election, but not for an election that would
be fraudulently and violently won by the ruling Zanu PF,' explains
David Coltart, head of legal affairs for the MDC.
As a large official
opposition, the withdrawal of the MDC, which clinched nearly half
the vote in the 2000 general election, would further - dramatically
- erode the legitimacy of President Robert Mugabe's Zanu-PF party,
which has been in power for 24 years and stands accused by the international
community of 'stealing' the 2000 general and 2003 presidential polls
using violence, oppressive laws and unfair electoral processes -
claims that it vigorously denies.
After a meeting
on 25 August, the MDC executive welcomed electoral protocols agreed
by the Southern African Development Community (SADC) in Mauritius
the week before, saying they were 'a significant step' in enhancing
a solid democratic culture across the region.
The party noted
that in Zimbabwe, implementation of the SADC Principles and Guidelines
Governing Democratic Elections - which are in tune with the MDC's
electoral demands - 'will require major changes to the political
environment and legal electoral framework'.
However, the
MDC does not believe the Government acted in good faith in supporting
the protocols and 'harbours serious doubts' over its commitment
to enforce protocol standards - especially given the passing of
new laws that threaten NGOs, especially those dealing with governance
and human rights:
'The MDC will
not participate in elections until political space has been opened
up and a legal, institutional and administrative framework for elections
has been established that harnesses acceptable levels of transparency
and fairness in the electoral process,' it said.
The day before
the opposition decision, MDC councillors in Harare resigned en mass,
citing unrelenting political interference in their activities.
SADC's protocols
have 10 principles for conducting democratic elections:
- full participation
of citizens in the political process;
- freedom of
association;
- political
tolerance;
- regular elections;
- equal access
for parties to state media;
- equal opportunity
to vote and be voted for;
- judicial
independence and impartial electoral institutions;
- voter education;
- respect for
the results of free and fair polls;
- and the right
to challenge results under national laws.
In addition,
there are 10 SADC guidelines to measure how closely states observe
democratic elections. These guidelines state that there should be:
- Constitutional
and legal guarantees of the freedom and rights of citizens.
- A conducive
environment for free, fair and peaceful elections.
- Non-discrimination
in voter registration.
- An updated
and accessible voters' roll.
- The timeous
announcement of the election date.
- Transparent
funding of political parties.
- Polling Stations
in neutral places.
- Vote counting
at polling stations.
- A mechanism
to help plan and deploy electoral observation missions.
- SADC observer
missions deployed at least two weeks before the voting day.
The MDC argues
that for Zimbabwe to meet the SADC protocols, the Government needs
to combine major reform of the electoral framework with political
reforms, especially ending violence and repealing repressive statutes
such as the Public Order and Security Act, the Access to Information
and Protection of Privacy Act and the Broadcasting Services Act.
The Government
recently undertook electoral reforms that move closer to meeting
opposition electoral demands such as one day voting, counting of
ballots at polling stations, translucent ballot boxes and visible
indelible ink. The MDC welcomed those reforms but contends that
they neither go far enough nor alter the poor state of the electoral
environment.
'We believed
we had to take precipitous action,' says Coltart. 'We are saying
to SADC especially that it has a new set of principles that place
the onus on signatory states to implement them. But Zimbabwe's electoral
environment breaches these principles, and so the onus is now on
SADC to ensure that Zimbabwe follows them.'
'Tied in with
this is a fairly cynical attitude to the role of SADC in trying
to resolve Zimbabwe's crisis. For instance, it has been saying for
a year that talks between the MDC and Zanu (PF) are taking place,
when we know that they are not.'
In South Africa,
the opposition Democratic Alliance agreed with the MDC. Spokesman
Joe Seremane said that South Africa and SADC had been negligent
in allowing Zimbabwe's Government to flout regional and international
obligations it is legally bound to uphold. He said, 'SADC must exert
genuine pressure in the form of rewards and sanctions to ensure
that Zimbabwe complies with SADC's electoral guidelines.'
Coltart stresses
that the MDC has not said it is never going to participate in elections
again:
'The onus is
on Zimbabwe and SADC to put words into action and make free and
fair democratic elections a reality. We are continuing to prepare
for the 2005 election, and if there is compliance with the SADC
principles and guidelines we will be ready to contest.'
The International
Bar Association is an
organisation that represents the Law Societies and Bar Associations
around the world, and works to uphold the rule of law. For further
information, visit the website www.ibanet.org
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
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