Kubatana - Archive - Statement by Anglican bishop on the conference on minimum standards for elections in Zimbabwe - Bishop Rubin Phillip

Statement by Anglican bishop on the conference on minimum standards for elections in Zimbabwe
Bishop Rubin Phillip
October 14, 2004

A conference on Minimum Standards for Elections in Zimbabwe was held in Pretoria on 4 and 5 October 2005. The aim of the conference, which was co-hosted by the SACC, Idasa, SACBC, IJR, and CPS, was to identify and define how the South African community and the SADC region can support the process of furthering democracy in Zimbabwe by building consensus on minimum standards for elections next year. The conference was attended by a wide cross-section of representatives from civil society in Zimbabwe and South Africa, as well as representatives from other SADC countries such as Botswana and Mozambique, who are also due to conduct elections in the near future.

Representatives from ZANU-PF and the MDC were also invited to present papers at this conference on their perspectives on the proposed electoral reforms by the government of Zimbabwe aimed at complying with the SADC Principles and Guidelines Governing Democratic Elections signed by the SADC Heads of State at their Summit in Mauritius in August. However, ZANU-PF failed to send any representatives to the conference and thereby missed an important opportunity of presenting the case of the government of Zimbabwe on their proposed electoral reforms as they appear in the Zimbabwe Electoral Commission Bill (which was tabled in Parliament this week together with the NGO Bill which seeks to curtail the activities of all NGO's involved in human rights and governance work in Zimbabwe).

Whilst acknowledging that the signing of the SADC protocol on elections (and some of the proposed changes to the current electoral system in Zimbabwe) was a step in the right direction, representatives of civil society from both Zimbabwe highlighted the many discrepancies and shortfalls in the proposed Electoral Commission Bill (ECB) and the on-going abuse of political power by the ruling party since signing this protocol. Representatives from the MDC explained the rationale behind their decision to 'suspend' all involvement in elections until certain conditions were met to balance the playing fields and restore the rule of law in Zimbabwe, and clarified the position on the so-called 'talks' between the two parties which had never materialised. Of particular concern to delegates at the conference was the fact that the ECB was an attempt by the government of Zimbabwe to appear to be complying with some of the technical aspects of the SADC electoral standards to gain legitimacy from SADC and international observer missions, without addressing any of the underlying causes of the deepening political and socio-economic crisis in Zimbabwe.

Specific reference was made to the following aspects of this crisis which needed to be urgently addressed before credible and legitimate elections can be held in Zimbabwe.

The culture of political violence, intimidation and intolerance by supporters of the ruling party was continuing unabated since the signing of the SADC election protocol in Mauritius and needed to be urgently addressed if elections were to be evenly contested. A detailed record of incidents of political violence perpetrated by members of the ruling party was produced by the MDC which was supported by reports from the Human Rights Forum in Zimbabwe.
The culture of impunity which had resulted in very few arrests or prosecutions for the above cases of political violence over the past five years also needed to be addressed as a first step towards seeing a restoration of the rule of law in Zimbabwe.
The continued drafting and use of draconian legislation to close democratic space and dialogue in Zimbabwe including POSA, AIPPA, and the soon to be promulgated NGO Bill which seeks to ban all non-profit organisations working on electoral and human rights monitoring in the lead-up to next years elections.
The continued manipulation of the media and judiciary by the ruling party witnessed by the closure of newspapers and publications that are critical of the government, and the appointment of judges who support the ruling party.
The continued banning of legitimate political campaigning and activity by the opposition party in the lead-up to the parliamentary elections next year, and the unlawful arrest of protesters engaged in legitimate protest action.
The use of food as a political weapon, and control of food distribution in Zimbabwe in the months leading up to the elections,
Of very great concern are reports of the on-going sexual assault and abuse of women as part of a deliberate political strategy to coerce and humiliate members perceived to be supportive of the opposition.
The fundamental Constitutional discrepancies which concentrate power in the position of the President.

In response to these anti-democratic policies and practices, civil society in Zimbabwe has demanded the following minimum conditions be met to ensure that an electoral environment conducive to free and fair elections is created:

Dismantling of the infrastructure of violence (e.g. the youth militia-Green Bombers) and political commitment not to resort to violence.
Limitation of the Presidential powers not only not only with respect to election but also to the democratic rights of citizens.
The Executive's power to legislate, especially on the Electoral Act must be abolished as it is not consistent with a democratic political system.
There must be an Independent Electoral Court manned by senior judges with clear enforcement powers to deal with electoral violations. This means that the President who is a participant in the elections must not appoint or handpick his/her functionaries to head the independent electoral monitoring body.
A Code of Conduct that is agreed upon by all stakeholders, including the political contestants and civil society.
The airwaves must be freed of all interference and control. A tripartite forum consisting of political parties and civil society organisations must monitor the freeness of the airwaves. Alternatively, this function must be discharged by the election monitoring body. As a demonstration of good faith the government must repeal the Broadcasting Services Act (BSA), which gives the Zimbabwe Broadcasting Holdings monopoly over the airwaves.
The repeal of draconian legislation such as the Public Order and Security Act (POSA) and Access to Information and Protection Act (AIPPA) is one of the first steps that need to be taken by the government towards democratising the elections.

These demands are supported by civil society organisations in South Africa and the wider SADC region, and an urgent appeal is made to governments in the SADC region to endorse these demands to ensure compliance, not only with the minimum standards for elections in the SADC region, but to ensure that a credible and legitimate election is held in Zimbabwe next year to determine the will of all eligible voters in free and fair conditions. Failing this, the conference delegates fear a slide into greater anarchy and lawlessness in Zimbabwe in the next five years of the new government which will have very dire consequences for the entire SADC region.

In support of these demands, I (Bishop Rubin Phillip) proposed that a Civil Society Observer team comprising members from the SADC region, be immediately dispatched to Zimbabwe to monitor compliance with the Mauritius SADC Electoral Standards by the government of Zimbabwe, and that they make their report available to their respective governments by the end of November this year. This will enable SADC governments to determine a regional response to the electoral process in Zimbabwe prior to the elections proper which are presently scheduled for March next year.

Finally, most delegates at the conference shared the concern expressed by civil society representatives from Zimbabwe concerning the election timetable determined by the government, and support the call for elections to be postponed until such time as fundamental electoral reforms are agreed between the two main contestants in the election, and proper instruments and institutions for managing and monitoring the election process put in place. Failing this, the elections in Zimbabwe next year will at best be a farce, and at worst a fiasco for Zimbabwe and the entire SADC region. Neither Zimbabwe nor the region can afford either of these outcomes.

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