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SADC
Mauritius protocol: Assessment of compliance with the protocol -
Issue No. 09
Sokwanele
December 20, 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 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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17.12.04
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ACCESS
TO STATE MEDIA DENIED
The Zimbabwe
Broadcasting Corporation (ZBC) has refused to air a political
advertisement for the opposition Movement for Democratic Change
(MDC) party, in direct contravention of the SADC principles
governing the conduct of elections in member countries. The
MDC submitted the advertisement to the state broadcaster for
transmission on national radio in early December, together
with a guarantee of payment, but ZBC refused to air it.
"We
submitted this advertisement with the view to having it broadcast
by ZBC radio," said MDC spokesperson Paul Themba Nyathi.
"ZBC refused to flight it on the basis that it has some
offensive references to ZANU PF. We don’t believe that it
was turned down because of its content," added Nyathi.
"We believe that the problem was simply that the Minister
of Information, Jonathan Moyo, and ZANU PF refuse to adhere
to the SADC Mauritius protocol."
ZBC officials
at the state broadcaster’s commercial offices in Mbare took
less than half an hour to make the decision to refuse to transmit
the advertisement, saying that MDC advertisements should not
criticise the government, or make any reference to ZANU PF,
which in effect prevents any campaigning on national radio
by opposition parties because they are unable to challenge
either the ruling party’s record or its advertisements.
This effectively
leaves the ruling ZANU PF with a total monopoly of the airwaves
on state radio, a powerful means of campaigning. ZANU PF messages
are broadcast daily and in recent elections they have used
ZBC vehicles, equipment and personnel in the remotest rural
areas to follow and report on their candidates exclusively.
(See the
report on ZWNEWS: http://www.zwnews.com/)
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2.1.5
Equal opportunity for all political parties to access the
state media
7.4 (Government
to) safeguard the human and civil liberties of all citizens
including the freedom of … expression and campaigning as well
as access to the media on the part of all stakeholders during
the electoral process …
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13.12.04
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MDC ISSUES
REPORT ON ABUSE
Zimbabwe’s
main opposition party has issued a catalogue of human rights
abuses perpetrated against its members throughout 2004 by
ruling party supporters and state agents. In a detailed report
dated December 11, the Movement for Democratic Change (MDC)
recorded a multitude of abuses including arbitrary arrests,
abductions, rape, disruption of political meetings and destruction
of property.
"The
report is an indictment of the activities of the current government
and underlines how political oppression in Zimbabwe remains
a pervasive force," MDC spokesperson Paul Themba Nyathi
said. Seven opposition lawmakers, 53 party officials and hundreds
of activists have been subjected to arrest, intimidation,
beatings and torture, Nyathi said.
The catalogue
of abuse includes references to the firebombing of an MDC
official’s house in Zvishavane in January, and the violent
assault in Shamva on a suspected opposition supporter who
subsequently died of his injuries.
(For the
full report see www.mdczimbabwe.org
. The report was quoted in News24 (SA) - www.news24.com
and repeated in ZWNews the same day -http://www.zwnews.com/
)
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2.1.3
Political tolerance
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
7.5 (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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16.12.04
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MDC
MEETING BANNED SO ZANU PF MEETING MAY PROCEED
The police
in Harare banned two meetings planned by the opposition Movement
for Democratic Change (MDC) party, one to pave way for a ruling
ZANU PF party meeting and the other because the police did
not want the MDC meeting at night.
The two
meetings were scheduled for December 16 in the MDC strongholds
of Harare and Chitungwiza. They were part of an estimated
5 000 meetings the party wants to hold across the country
to conclude discussions with rank and file members on whether
to participate in next year’s general election.
MDC secretary
general Professor Welshman Ncube was unsure whether the police
would also ban the remaining meetings.
The official
police spokesperson, Oliver Mandipaka, refused to reveal to
the press the reasons for banning the meetings. However, letters
written to the MDC by the police indicate that the opposition
party was barred from holding a meeting in Stodart Hall in
order to allow a ZANU PF meeting to take place near the hall.
Note:
The Public Order and Security Act (POSA), under which the
police regularly ban opposition meetings, merely requires
the organisers of any proposed public gathering to give four
days’ written notice to the police authority, rather than
obtaining their permission. The police do not have a general
discretion in the matter but may, for certain specified reasons,
prohibit the meeting. There is nothing in the Act which would
authorise them to prohibit the holding of a meeting of one
party in order to give preference to another.
(See Zim
Online: www.zimonline.co.za)
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2.1.1
Full participation of citizens in the political process
2.1.2
Freedom of association
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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16.12.04
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ZANU PF
WANTS BIGGER SHARE OF THE CAKE
The ruling
ZANU PF party plans to amend the Political Parties (Finance)
Act in order to give itself a bigger share of state financial
grants at the expense of the opposition Movement for Democratic
Change (MDC).
The move
is intended to financially cripple the MDC, which can no longer
get funds from foreign donors or even from Zimbabweans living
and working abroad after the government banned foreign-sourced
funds for political parties.
"ZANU
PF wants the grant allocation to be changed in its favour.
This would hurt the MDC’s pocket besides obviously meaning
more cash for ZANU PF," an official of the party confided
to Zim Online on condition of anonymity.
It is
understood that ZANU PF is seeking 65 per cent of the Z$ 6.5
billion allocated to political parties under the 2005 national
budget, regardless of the percentage of votes it receives
in the March ballot. At present parties are allocated their
portion of state funds according to the percentage of votes
they receive in a general election, and on this basis ZANU
PF currently receives 51 per cent of the annual allocation.
(See the
report in Zim Online: www.zimonline.co.za)
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4.1.6
Where applicable, funding of political parties must be transparent
and based on agreed threshold in accordance with the laws
of the land
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17.12.04
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ZANU PF
SUPPORTERS CLASH IN MDC NO-GO AREA
Armed
police had to be called in to break up violent clashes last
week between rival factions of the ruling ZANU PF party at
Magunje rural business centre, about 240 kilometres west of
Harare.
Magunje
and the surrounding Hurungwe rural district is a no-go area
for the main opposition party, the Movement for Democratic
Change (MDC). In the past, militant ZANU PF supporters have
hunted down and tortured suspected supporters of the MDC.
Last week
however, the ZANU PF factions in the area turned upon each
other. Police chief superintendent Ernest Masuku, in charge
of Hurungwe police station, confirmed that his officers had
arrested 22 ZANU PF supporters over clashes there on December
12.
Logs and
iron bars were used in the violent confrontations between
supporters of the ZANU PF Member of Parliament for the area,
Phone Madiro, and supporters of Cecelia Gwachiwa, also a member
of the ruling party, who is challenging the incumbent.
(See the
report in Zim Online: www.zimonline.co.za)
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2.1.1
Full participation of the citizens in the political process
2.1.3
Political tolerance
4.1.1
Constitutional and legal guarantees of freedom and rights
of citizens
4.1.2
Conducive environment for free, fair and peaceful elections
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, in order to maintain
peace and security
7. 7
(Government to) ensure that adequate security is provided
to all parties participating in the elections
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17.12.04
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EMBATTLED
NGOs PREPARE TO SHUT DOWN
Human
rights and pro-democracy groups met in Harare last week to
discuss severance packages for workers and the disposal of
furniture as they face closure after the ZANU PF-dominated
Parliament banned foreign funding for the groups.
The Non
Governmental Organisations (NGO) Bill was rammed through Parliament
against spirited opposition from the opposition Movement for
Democratic Change (MDC) party - and in defiance of an adverse
report from Parliament’s own legal committee. The report advised
that the legislation was in breach of the Constitution in
several respects. The Bill will become law immediately it
receives the presidential signature and is gazetted.
NGOs in
the country employ about 10 000 people. It is understood that
of the nearly 3 000 civic groups which operate in Zimbabwe,
about 40 per cent, deal with governance-related issues and
could face closure if they are prevented from accessing funds
from foreign donors. As a result, uncertainty has gripped
the NGO community, with foreign donors unsure as to whether
they should continue giving support, even to groups that deal
only in humanitarian aid.
(See the
report in Zim Online: www.zimonline.co.za)
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2.1.1
Full participation of the citizens in the political process
4.1.1
Constitutional and legal guarantees of freedom and rights
of the citizens
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
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17.12.04
|
MDC PROTESTERS
DEMAND MP’s RELEASE
About
100 supporters of Zimbabwe’s main opposition Movement for
Democratic Change (MDC) party protested in Harare on December
16, demanding the release of parliamentarian Roy Bennett from
prison.
The protesters,
who appeared to have taken the police by surprise, marched
along Harare’s Nelson Mandela Avenue and along the capital’s
First Street mall before armed police broke up the procession.
They sang anti-government songs and distributed pamphlets
reading: "We want our MP back", "Free Zimbabwe
! We want our freedom back".
Some of
the protesters interviewed later vowed to continue the "Free
Bennett Campaign" marches until the government releases
him from prison.
Bennett,
who is the popular MDC MP for the almost exclusively black
Chimanimani constituency, was jailed in October for 12 months.
ZANU PF parliamentarians used their majority in Parliament
to send the legislator to prison as punishment for shoving
Justice Minister Patrick Chinamasa during a debate earlier
this year. Chinamasa had referred in the debate to Bennett’s
ancestors as thieves and murderers.
(See the
report in Zim Online: . www.zimonline.co.za)
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2.1.6
Equal opportunity to exercise the right to vote and be voted
for
4.1.1
Constitutional and legal guarantees of freedom and rights
of the citizens
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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 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
2005 Parliamentary Elections are now a matter of weeks away …..
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