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SADC
Mauritius protocol: Assessment of compliance with the protocol -
Issue No. 10
Sokwanele
January 03, 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.
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Date
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Incidents/Developments
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SADC
standards breached
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16.12.04
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EUROPEAN
PARLIAMENT RESOLUTION
On December
16 the European Parliament passed an important resolution
on Zimbabwe which bears directly on the forthcoming elections
and in particular on compliance with the SADC electoral standards.
The resolution reads, in part:
"The
European Parliament:
1. Insists
that all political interference in the distribution of international
food aid is halted without delay to prevent the ZANU PF government
from using food as a political weapon.
2. Insists
that repressive legislation such as the Public Order and Security
Act (POSA) is repealed and the forthcoming elections in Zimbabwe
are held in accordance with the SADC principles and guidelines
governing democratic elections, including those agreed in
Mauritius on August 17 2004, with unimpeded access for international
observers and an end to intimidation of opposition supporters.
3. Demands
the immediate release (from prison) of Roy Bennett MP (opposition
party MP for Chimanimani) and the cessation of all violence
and intimidation towards his family and employees.
4. Calls
upon Zimbabwe’s neighbours and in particular President Thabo
Mbeki of South Africa, who recently addressed the European
Parliament, to engage on behalf of the people of Zimbabwe
to bring about change for the better and to ensure that the
Zimbabwean Government fully cooperates with SADC and the wider
international community to guarantee free and fair elections
and a robust and timely international monitoring presence
…
(For the
full text of the resolution see http://www.zimbabwedemocracytrust.org/outcomes/details?contentId=1684
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20.12.04
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FRESH
WAVE OF VIOLENCE AGAINST OPPOSITION
State
security agents and ruling ZANU PF party militias stepped
up terror and violence, displacing 69 opposition supporters
from their homes in October alone, according to the Zimbabwe
Human Rights’ Forum (ZHRF).
The ZHRF,
which is now itself under threat because of the repressive
Non Government Organisations (NGO) Act, brings together 17
of the biggest human rights NGOs in Zimbabwe and regularly
reports on political violence and human rights abuses in the
country.
In its
latest report released just before Christmas, the group said
at least four people were tortured in October, either by state
agents or militant supports of Robert Mugabe and his ZANU
PF party. This brings to 169 the number of torture cases recorded
since January 2004.
Four people
suspected of being supporters of the country’s main opposition
party, the Movement for Democratic Change (MDC), were kidnapped
during October and their whereabouts was still unknown at
the time the ZHRF report was produced. The October abductions
brought to 61 the number of politically motivated kidnappings
since the beginning of 2004.
(See the
report on Zim Online – www.zimonline.co.za)
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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
7.4.
(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 …
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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02.01.05
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ZANU
PF MILITIAS DENY OPPOSITION FOOD
Youth
militias trained by the Mugabe regime who are helping the
state’s Grain Marketing Board (GMB) distribute food at the
resort town of Kariba, are demanding that hungry people produce
ruling ZANU PF party membership cards before they are given
food.
The youths,
who were trained under the state’s national youth service
training programme, were seconded by the GMB to help the parastatal
distribute maize at a subsidized rate to starving people in
the town on Zimbabwe’s border with Zambia.
"I
have queued for mealie meal for the last four days without
success," said a father of six who admitted to being
a member of the main opposition Movement for Democratic Change
(MDC) party. "Each day the youths insist that only ZANU
PF members get mealie meal," added the father who did
not want to be named for fear of further victimization.
More than
three million Zimbabweans need food aid between now and the
next harvest in March, despite earlier claims by Mugabe that
the regime had produced enough food to feed itself – and indeed
that there was a "bumper harvest" on the way.
(For the
full report see Zim Online: www.zimonline.co.za)
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4.1.1.
Constitutional and legal guarantees of freedom and rights
of the citizens
4.1.3
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
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19.12.04
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SOLDIERS
ATTACK MDC SUPPORTERS
It was
reported in the Zimbabwean Standard that soldiers from the
Zimbabwean army (which takes its orders from the Mugabe regime)
beat up at least 10 opposition Movement For Democratic Change
(MDC) supporters, seriously injuring one.
The attacks
took place at the Sharenza Shopping Centre near Mayo in the
Makoni North province during mid December.
The soldiers
accused the MDC supporters of attending an "illegal"
rally. According to Elton Mangoma, the aspiring MDC candidate
for this constituency in the forthcoming parliamentary elections,
the matter was reported to the police but (typically) no arrests
were made.
Mangoma
said an MDC activist, Elias Sithole, was seriously injured
after being assaulted by the soldiers, who insisted he take
them to his home where they found MDC party membership cards
and T-shirts.
"They
forced Sithole to wear all the T-shirts and force-marched
him to the shops where they made him swim in a small pond
with dirty water while chanting ZANU PF slogans. They kicked
him until he could not defend himself and left him for dead,"
said Mangoma.
It is
understood that Sithole was taken first to the Macheke hospital
and then transferred to a hospital in Harare for treatment.
(See the
full story in The Standard: December 19 …)
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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 …
7.7(Government
to) ensure that adequate security is provided to all parties
participating in the elections
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12.04
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POLICE
DISRUPT PRIMARY ELECTIONS
The main
opposition Movement for Democratic Change (MDC) party’s primary
elections set for the Marondera constituency had to be abandoned
just before Christmas after young thugs from the ruling ZANU
PF party started beating delegates who had assembled for the
meeting.
Two huts
belonging to the MDC youth district chairperson, Tapfumanevi
Maketo, were burnt down while the parents of the MDC’s organising
secretary, Edward Dzeka, were assaulted for hiding their son
from the mob.
The drama
began after the police moved in to block the meeting, alleging
ZANU PF had booked the hall before the MDC. This was despite
the fact that the police had initially granted permission
to the opposition to hold the meeting.
The police
also insisted on taking down the names of all the delegates
to the meeting, a tactic said to be used to intimidate people
in the rural areas.
It is
alleged that the sitting (ZANU PF) member of parliament for
the area, Brigadier Ambrose Mutinhiri, ordered the disruption
of the MDC meeting.
(This
report was carried on SW Radio Africa …..)
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2.1.1
Full participation of the 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 …
7.7(Government
to) ensure that adequate security is provided to all parties
participating in the elections
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22.12.04
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OPPOSITION
CRIES FOUL
Zimbabwe’s
main opposition Movement for Democratic Change (MDC) party
has accused Robert Mugabe of rigging the 2005 elections even
before a single vote has been cast. According to MDC spokesman
Paul Themba Nyathi, ZANU PF has achieved this by reducing
the number of voting constituencies in the MDC strongholds.
He said
that the decision of the Delimitation Commission (whose members
were hand-picked by Mugabe) to cut down constituencies in
areas supporting the opposition party, while adding three
new ones in ruling ZANU PF strongholds, was a part of a strategy
to reduce his party’s chances of winning the ballot scheduled
to take place in March.
The Delimitation
Commission justified its proposals on the grounds of migration
of voters. In his response, Nyathi said: "It beats all
logic that Harare, a city whose population has increased by
500 000 people according to census figures that were released
in 2004, is supposed to have lost 50 000 voters". He
added: "Where on earth under modern civilization do you
see people migrating from an urban set-up environment to rural
constituencies in such large proportions?"
The MDC
spokesman cited the decision to reduce constituencies in MDC
areas as further evidence of the regime’s unwillingness to
uphold SADC electoral guidelines. He called on regional leaders
to pressure Mugabe and ZANU PF to abide by the regional standards
for democratic polls.
(See the
report in Zim Online: December 21 and 22 …)
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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 electoral
institutions
4.1.4
Existence of updated and accessible voters’ roll
7.3
(Government to) establish impartial, all-inclusive, competent
and accountable national electoral bodies staffed by qualified
personnel, as well as competent legal entities including effective
constitutional courts to arbitrate in the event of disputes
arising from the conduct of elections.
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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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