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SADC
Mauritius protocol: Assessment of compliance with the protocol -
Issue No. 07
Sokwanele
December 06, 2004
On 17 August
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 Zimbabwes 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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03.12.04
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POLITICAL
VIOLENCE ON THE RISE
According
to the Zimbabwe Human Rights Forum (ZHRF), tension and political
violence continue rising in Zimbabwe ahead of the crucial
general election scheduled for March next year.
The ZHRF
is a coalition of 17 of the biggest human rights and pro-democracy
non-governmental organizations in Zimbabwe. It regularly monitors
human rights violations and politically motivated violence
in the country.
In a report
released last week highlighting political violence and human
rights abuses in the month of September, the forum said the
victimization of mostly supporters of the main opposition
party, the Movement for Democratic Change (MDC) peaked in
the middle of the month during the MDC’s fifth anniversary
celebrations.
The forum
also noted the increasing and unlawful use of excessive force
by the police against perceived political opponents of the
government.
In September
alone the forum recorded six cases of torture suffered by
opposition supporters, bringing the total number of torture
cases recorded since January 2004 to 165. There were also
six cases of politically motivated kidnappings and 141 cases
of unlawful arrests of citizens by the police during the month.
Under
the new Non-Government Organizations (NGO) Act, the ZHRF,
along with other NGOs concerned with human rights abuses and
electoral issues, faces almost certain closure.
Note:
In a report released in July 2004, Redress, a British-based
lobby group, refers to documented examples compiled by local
human rights groups of nearly 9 000 human rights violations
committed in Zimbabwe from 2001 to 2003. It covers incidents
such as torture, abduction and murder, and notes that the
scale of abuse increases in the run-up to elections. (Suggest
we add this).
(See the
report on Zim Online – www.zimonline.co.za)
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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 movement, assembly, association,
expression and campaigning…
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29.11.04
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DEAFENING
SILENCE AS MUGABE FLOUTS POLL PROTOCOL
(Excerpts
from an opinion piece published in the South African newspaper,
Business Day, on 29 November 2004):
"A
recently published story about Shadreck Chipanga, a former
member of Zimbabwe’s notorious secret service and current
deputy home affairs minister, who was seen presiding over
the disemboweling of an opposition supporter during the country’s
2000 elections, makes disturbing reading.
"A
high court judge deemed Chipanga’s actions bad enough to warrant
cancellation of the election result that saw the ZANU PF thug
assume a parliamentary seat by a tiny margin over the opposition
Movement for Democratic Change (MDC). President Robert Mugabe
not only ignored the ruling but elevated his man to the cabinet.
That this individual was then appointed a senior election
observer of the recent Namibian elections by the Southern
African Development Community (SADC) Parliamentary Forum highlights
a patent lack of concern for integrity in election processes,
both in Zimbabwe and elsewhere in the region.
"With
the Zimbabwean elections just around the corner, it looks
like ‘business as usual’ in that benighted land. … Far from
moving away from biased and manipulative election laws, the
ruling party has rammed through election legislation that
is even more one-sided and unacceptable than that already
on the statute books …
"There
was much fanfare about the SADC election code for member countries
approved in August at a heads of state summit. Mugabe signed
up to it, promised to implement it, then went home and ignored
it. Even worse, he devised new measures that flagrantly violated
it …"
(For the
full transcript see Business Day – www.bday.co.za)
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PRINCIPLES
FOR CONDUCTING DEMOCRATIC ELECTIONS
2.1.1
Full participation of citizens in the political process
2.1.2
Political tolerance
GUIDELINES
FOR OBSERVATIONS OF ELECTIONS
4.1.1
Constitutional and legal guarantees of freedom and rights
of citizens
4.1.2
Conducive environment for free, fair and peaceful elections
RESPONSIBILITIES
OF MEMBER STATE HOLDING ELECTIONS
7.4. Safeguard
the human and civil liberties of all citizens …
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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01.12.04
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MUGABE’S
SPIES GET MASSIVE FUNDING
In presenting
his 2005 Budget to Parliament last week, the Acting Minister
of Finance revealed that a massive allocation of funds and
resources was to be made to Zimbabwe’s notorious spy agency,
the Central Intelligence Organization (CIO). As the 2005 general
elections approach, the CIO is to have its 2004 budget (Z$62
billion) increased more than six-fold, to Z$395.8 billion.
The CIO’s
2004 budget was overspent by more than 60 per cent - without
recourse to Parliament for approval.
A separate
equipment procurement account for special services is also
set to increase from Z$10 billion to Z$ 61.3 billion in 2005.
The Mugabe regime has refused to disclose what sort of equipment
the CIO is due to receive. The whole budget allocation for
the spy service falls directly under the President’s office
and is not subject to Parliamentary scrutiny.
Human
rights groups have consistently accused Mugabe of using the
CIO to crush the voices of dissent in a bid to hold onto power.
The much
feared spy agency stands accused of systematically masterminding
the harassment and torture of opposition MDC supporters in
the run up to elections.
(See the
report in Zim Online – www.zimonline.co.za)
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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
…
(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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02.12.04
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SOUTH
AFRICA MUST APPLY PRESSURE FOR FREE AND FAIR POLL – THINK-TANK
African
institutions, and above all South Africa, need to apply pressure
to make Zimbabwe’s forthcoming general elections fair and
free. This is the view of the International Crisis Group (ICG),
an influential think-tank. In its latest report entitled,
"Zimbabwe: Another Election Chance", released simultaneously
in Pretoria and Brussels on 30th November, the
ICG says that the election scheduled for March 2005 is a "small
opening for returning to genuine politics as a means of resolving
the country’s deep crisis".
"The
chance that the elections … can be a genuine turning point
is small, but it is there - if African leaders push the ZANU
PF regime to live up to its commitments," says Suliman
Baldo, Director of Crisis Group’s Africa Programme. "The
regime wants a C-minus election – fairly clean on election
day but deeply flawed by months of non-democratic practices
that determine the results in advance. African monitoring
teams need to be in the country by 1 January and then press
hard for the creation of a level playing field," he says.
The ICG
report notes that ZANU PF continues to use repression and
to manipulate food aid unscrupulously for partisan purposes.
Further
on, the report says that the steps taken by Mugabe purportedly
to achieve compliance with the SADC electoral standards are
"seriously flawed".
"Repressive
laws need to be repealed, and a genuinely independent electoral
commission operating at least two months before the election
day or the elections should be postponed – they do not need
to be held before September – to allow those essential steps
to be taken,"
Among
its specific recommendations the ICG calls on ZANU PF to implement
the SADC principles and guidelines on democratic elections
"in letter and spirit" by 1 January 2005, including
the repeal of repressive legislation, restoring the rule of
law and political freedoms, disbanding the youth militias,
ceasing the manipulating of food aid for political purposes
and desisting from the use of hate speech in public and in
the press.
The group
calls on the South African government to press the Zimbabwean
government to repeal repressive laws and to adhere to SADC
standards. SADC is urged to set specific timelines for the
incorporation of these standards into national law and to
send a team by 1 January 2005 to work with ZANU PF and the
MDC on implementation of the protocol’s principles and guidelines,
in letter and spirit, and then to monitor the elections.
(See the
ICG Report on - www.intl-crisis-group.org )
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4.1.2
Conducive environment for free, fair and peaceful elections
7.3 (Government
to) establish impartial, all-inclusive, competent and accountable
national electoral bodies …
7.4 (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 ….
7.10 (Government
to) … issue invitation to SADC 90 days before the voting day
in order to allow an adequate preparation for the deployment
of the electoral observation mission
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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,
a new raft of oppressive legislation rushed through Parliament recently
will result in a situation even worse than that which prevailed
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
Parliamentary Elections are now a matter of weeks away
..
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