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SADC
Mauritius protocol: Assessment of compliance with the protocol -
Issue No. 5
Sokwanele
November 26, 2004
On August 17
2004, SADC leaders meeting in Mauritius adopted the SADC Protocol
– Principles and Guidelines Governing Democratic Elections. Zimbabwe,
as a member of SADC, also signed the Protocol and committed itself
to implementing its standards.
"Mauritius
Watch" provides a regular, objective and non-partisan assessment
of Zimbabwe’s compliance with the Protocol. In the run-up to the
2005 Parliamentary Elections we note any significant failures to
adhere to the SADC standards.
Date
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Incidents/Developments
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SADC
standards breached
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18.11.04
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MUGABE
BANS HUMAN RIGHTS GROUPS
Zimbabwe’s
parliament was rushing through legislation last week that
will shut down human rights groups and other organizations
critical of Robert Mugabe and his government. The Non-Government
Organizations Bill will force all the estimated 3,000 private
voluntary organizations to register with a state commission
or be closed, have their staff arrested and their assts seized.
Those not already on the Social Welfare Ministry’s voluntary
register will be regarded as illegal as soon as the law comes
into force. The Bill also threatens charities that provide
water supplies, famine relief, seed and farming implements,
literacy and support to much of the one third of the population
stricken by HIV/AIDS – and this in a country where most government
services, including health, education and welfare are now
in ruins.
Earlier
this month a report from the Parliamentary Portfolio Committee
on Lands and Agriculture revealed that only 2.3 per cent of
the official maize harvest projections had been realized.
On this basis, and even taking into account the grain imports
the government has been reluctant to admit, Zimbabwe is moving
towards a serious grain deficit by early in the new year.
Meanwhile senior government ministers have been implicated
in a scam involving the export of desperately needed seed
from their newly-acquired farms.
Agencies
concerned with so-called "governance "issues, including
voter education, will be banned from receiving foreign funding.
Foreign human rights organizations, including the local office
of Amnesty International, will be outlawed.
The parliamentary
legal committee has reported that the Bill violates the Constitution
on 12 counts. But the ruling ZANU PF has used its parliamentary
majority once again to push aside all objections, voting to
suspend parliament’s standing orders which would have required
a three-week delay to redraft the legislation to bring into
line with the Constitution. Mugabe wants this and other draconian
Bills passed into law before the ZANU PF Congress commencing
December 1.
Professor
Welshman Ncube, chairman of the parliamentary legal committee
which submitted the adverse report described the Bill as "a
determined and pervasive attempt to curtail and extinguish
the fundamental freedoms of the people of Zimbabwe".
He added: "It does not seek to regulate but to control,
to silence, to render ineffective and ultimately shut down
non-governmental organizations."
(Reported
in The Times (UK) - www.timesonline.co.uk
and the Daily Telegraph (UK) - www.telegraph.co.uk)
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2.1.1.
Full participation of citizens in the political process
2.1.8
Voter education
4.1.1.
Constitutional and legal guarantees of freedom and rights
of the citizens
4.1.2.
Conducive environment for free, fair and peaceful elections
7.4. (Government
to) safeguard the human and civil liberties of all citizens
including the freedom of movement, assembly, association,
expression and campaigning …
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20.11.04
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AMNESTY
INTERNATIONAL BLASTS BILL
New restrictions
proposed under the government’s Non-Government Organizations
(NGO) Bill will hamper the reporting of human rights’ violations
in Zimbabwe, Amnesty International has said.
In a statement
Amnesty spokesman, Joseph Dube, said that "if such provisions
were enacted several human rights organizations would not
be able to operate legally in Zimbabwe."
The removal
of any mechanisms for monitoring and reporting human rights
abuses can only have a negative impact on the human rights
situation in the country – a situation which has already attracted
adverse comment both in the region and world-wide. It would
also make it easier for breaches of SADC election standards
to pass unnoticed.
(Reported
by Zim Online - www.zimonline.co.zw)
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7.4. (Government
to) safeguard the human and civil liberties of all citizens
…
7.5. (Government
to) take all necessary measures and precautions to prevent
the perpetration of fraud, rigging or any other illegal practices
throughout the whole electoral process …
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18.11.04
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TSVANGIRAI
BRANDED "ENEMY OF THE STATE"
The President
of the Movement for Democratic Change (MDC), currently on
a European tour, was branded an "enemy of the state’
by Zimbabwe’s Minister of Justice, Legal and Parliamentary
Affairs, Patrick Chinamasa. Speaking in parliament and with
reference to the opposition leader’s reported lobbying for
renewed sanctions against Mugabe and his entourage, Chinamasa
said that he (Tsvangirai) was "state enemy number one".
He added: "If Mr Tsvangirai called for sanctions, I don’t
expect that he would want to return to this country".
MDC members of parliament objected to the description of their
leader as "state enemy number one" but their objections
were rejected by the ZANU PF Speaker of Parliament.
(Reported
by AFP -www.afp.com/ )
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2.1.3
Political tolerance
4.1.2.
Conducive environment for free, fair and peaceful elections
7.4 (Government
to) safeguard the human and civil liberties of all citizens
including the freedom of … expression
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17.11.04
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MUGABE
"BUILDING UP HIS ARSENAL" BEFORE POLLS
Tons of
police anti-riot equipment and other military hardware worth
millions of dollars have been ordered by the Mugabe regime
from China in preparation for the March 2005 poll. The Cape
Argus quoted "authoritative sources" confirming
that the police and the military were being fully prepared
to deal with internal disturbances which might occur if the
Movement for Democratic Change (MDC) decides not to contest
the elections. The newspaper was unable to ascertain the precise
details of the order but quoted officials who said that police
anti-riot equipment, including "several tons of teargas",
would constitute the bulk.
(Reported
in The Cape Argus (SA) - www.capeargus.co.za)
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4.1.2
Conducive environment for free, fair and peaceful elections
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19.11.04
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CIVIC
GROUP ACTIVISTS ARRESTED Police in Harare arrested a number
of the National Constitutional Assembly (NCA) members who
were protesting against proposed new legislation imposing
severe restrictions on non-governmental organizations (NGOs)
Different reports gave the number arrested between 16 and
31.
The NCA
is a coalition of human and civic rights groups, pro-democracy
organizations, labour, churches and opposition parties campaigning
for a new and democratic constitution for Zimbabwe.
About
300 supporters of the coalition converged in central Harare,
singing and waving placards denouncing the NGO Bill before
heavily armed police, who had kept tight surveillance throughout
the city since the morning, pounced on the protestors, beating
them up and arresting some. In addition to the arrests at
least 16 people were reported to be seriously injured during
the police charge.
(Reported
by Zim Online - www.zimonline.co.zw
and in the Zimbabwe Independent - www.theindependent.co.zw)
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2.1.1.
Full participation of the citizens in the political process
2.1.2.
Freedom of association
2.1.3.
Political tolerance
4.1.2.
Conducive environment for free, fair and peaceful elections
7.4. (Government
to) safeguard the human and civil liberties of all citizens
including the freedom of movement, assembly, association,
expression and campaigning … during the electoral process
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17.11.04
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NO
FREE AND FAIR POLL UNDER THIS ELECTORAL REFORM
The Zimbabwe
Electoral Support Network (ZESN), a non-partisan non-governmental
organization concerned with electoral issues in Zimbabwe,
has published a detailed analysis of the reforms proposed
by the Mugabe regime. Commenting on the Zimbabwe Electoral
Commission Bill and the Electoral Bill 2004 which are now
before parliament and which constitute the total package of
the proposed reforms, ZESN says that the fundamentals in these
two Bill are worse than the existing legislation governing
elections.
The ZESN
report notes that nowhere in either of the electoral Bills
are there provisions for fair access to the only electronic
media, the partisan Zimbabwe Broadcasting Corporation. All
other independent broadcasters have been closed down by force.
Election observers "will have to be accredited by a committee
dominated by nominees of various government ministers, including
the President’s Office, and only persons invited by a minister
or by the (existing) Electoral Supervisory Commission will
be eligible for accreditation", reads the ZESN analysis.
"The Bill will require state employees, including members
of the defence forces, the police force and the prison service,
to be seconded to the Electoral Commission during elections".
Further
the report notes that "the Bill’s provisions regarding
access to voters’ rolls are similar to those in the present
Act" which means there is no fixed date to check on the
accuracy of the current roll, nor access to the electronic
version.
(Reported
in The Pretoria News - www.pretorianews.co.za)
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2.1.5
Equal opportunity for all political parties to access the
state media
2.1.6.
Equal opportunity to exercise the right to vote and be voted
for
2.1.7.
Independence of the Judiciary and impartiality of the electoral
institutions
4.1.3.
Non-discrimination in the voters’ registration
4.1.4.
Existence of updated and accessible voters’ roll
7.3 (Government
to) establish impartial, all-inclusive, competent and accountable
national electoral bodies …
7.5. (Government
to) take all necessary measures and precautions to prevent
the perpetration of fraud, rigging or any other illegal practices
…
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On the basis
of these and numerous other daily breaches of the SADC Protocol
on Democratic Elections, it can be seen that the Mugabe regime has
yet to show any serious intent to change its ways or to begin to
prepare for anything resembling fair and free elections. In fact
the reforms they are proposing will result in a situation even worse
than the situation which obtained during the Parliamentary Elections
of 2000 and Presidential Election of 2002, both of which were heavily
criticized by observer missions from the international community.
And the March
2005 Parliamentary Elections are now a matter of weeks away …..
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