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SADC
Mauritius protocol: Assessment of compliance with the protocol -
Issue No. 14
Sokwanele
January 31, 2005
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 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
|
SADC
standards breached |
28.01.05 |
ZANU
(PF) MP ON THE RAMPAGE
An opposition
candidate in the March election narrowly escaped injury after
he was shot at near Insiza (120 kilometres south of Bulawayo)
by ruling ZANU (PF) supporters, on the orders of Andrew Langa,
member of parliament for the area and deputy minister of transport
in Mugabe’s government.
The incident
occurred on 22 January when Movement for Democratic Change
(MDC) candidate for Insiza, Siyabonga Malandu, was campaigning
in the area with his entourage and they met Langa and his
supporters. Langa ordered his bodyguards to shoot
at Malandu and his entourage, which they did, sending the
MDC team scattering. After firing the shots, Langa’s
supporters captured three opposition supporters and assaulted
them severely before handing them over to the police, who
detained them before releasing them later the same day.
Malandu
said that Langa had previously followed him to a voters’ roll
inspection centre where he tried to block him from inspecting
the roll.
“At the
voters’ roll inspection centre, Langa threatened to shoot
me in front of the police, and said he will never be arrested.
He even boasted that in 2002 he did the same and was never
arrested,” Malandu said.
He said
the matter was reported to the police at Gwanda where four
police officers who were present confirmed in front of their
superiors that Landa had made the threats to shoot Malandu.
No action has so far been taken by the police.
In the
run-up to the by-election for the Insiza constituency in 2002,
Langa was accused of shooting and killing an MDC activist,
Darlington Kadengu. The police have yet to investigate
that murder. Langa’s victory in the violent by-election
of 2002 was challenged by the MDC, but their challenge is
still pending in the courts.
(See the
report in the Zimbabwe Independent: www.theindependent.co.zw 28.01.05
and on Zim Online: www.zimonline.co.za 26.01.05) |
2.1.1
Full participation of citizens in the political process
2.1.2
Freedom of association
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 …
7.7 (Government
to) ensure that adequate security is provided to all parties
participating in the elections
|
23.01.05 |
VILLAGERS
FLEE INTO MOZAMBIQUE
At least
16 villagers from Chipinge South fled their homes into Mozambique
after they were brutally assaulted by ZANU (PF) supporters
and youth militia for supporting the Movement for Democratic
Change (MDC).
The villagers,
mostly from the Mariya and Zamchiya areas, are surviving on
wild fruits, mangoes, bananas and the generosity of Mozambiquans
who are also providing them with shelter.
The villagers
said the youth militia, who were travelling in a truck belonging
to ZANU (PF) candidate for Chipinge South in the March elections,
Enock Porusingazi, raided the homes of suspected MDC supporters,
beating everyone in sight, even children and elderly people.
The truck was being driven by Porusingazi’s chief campaign
manager, Simon Mapfumo.
One of
the victims, Olismos Mutseyami of ward 25 in Mariya, who spent
eight days in Mozambique, reported that at least 16 opposition
party activists were still in Mozambique because they feared
for their lives.
(The full
report can be seen in The Standard: www.thestandard.co.zw 23.01.05)
|
2.1.1
Full participation of citizens in the political process
2.1.2 Freedom
of association
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,
in order to maintain peace and security |
28.01.05
|
POLICE
PUT MDC UNDER SEIGE
As the
harassment of opposition supporters continues unabated ahead
of the parliamentary election due in March, police in Bulawayo
last week arrested two Movement for Democratic Change (MDC)
activists for distributing flyers urging members of the public
to go and inspect the voters’ roll.
Police
in Lobengula picked up the two activists, Nompilo Ncube and
Shepherd Chigumbura, on January 25 as they moved around distributing
flyers. The two were arrested and taken to Magwegwe
police station where they were detained overnight. MDC
Bulawayo spokesperson, Victor Moyo, confirmed the arrest of
the two activists and said the police had not indicated what
charges, if any, would be brought against them.
The arrest
of the activists came barely two days after the police arrested
the MDC member of parliament for Makokoba, Ms Thokozani Khupe,
together with a group of about 60 supporters who were holding
a private meeting at her restaurant in the city. After spending
a night in police cells strewn with human waste, the legislator
was charged with a breach of the notorious Public Order and
Security Act (POSA) and released on bail.
On January
25 the police in Marondera arrested MDC national youth chairman
and member of parliament for Kuwadzana, Nelson Chamisa, accusing
him of inciting violence when he addressed party supporters
in the area.
Commenting
on the spate of arrests of opposition members and supporters,
Victor Moyo said this was characteristic of ZANU (PF)’s tactics
of using state-sponsored harassment against the opposition.
“The spate
of arrests of MDC MPs and opposition supporters is one of
ZANU (PF)’s tactics of intimidating the people ahead of the
election. The way the opposition is always hunted down
shows that the political field is not even,” he said.
(See the
report in the Zimbabwe Independent: www.theindependent.co.zw 28.01.05) |
2.1.1 Full
participation of citizens in the political process
2.1.2 Freedom
of association
2.1.3 Political
tolerance
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 … during
the electoral process … |
23.01.05
|
ZBC
ORDERS MDC NEWS BLACKOUT The
Zimbabwe Broadcasting Holdings (ZBH)’s NewsNet has directed
its reporters to give coverage to all opposition political
parties except the Movement for Democratic Change (MDC) –
this being the main opposition party which is presenting Robert
Mugabe’s ZANU (PF) with the most formidable challenge it has
faced in nearly 25 years of effective one party rule.
The reason given for the directive is that the MDC “has not
confirmed participation” in the March general elections.
It is
reported that ZBH NewsNet Editor-In-Chief, Tazzen Mandizvidza,
a fortnight ago summoned all bureau chiefs to Harare and directed
them to cover all opposition parties except the MDC.
(See the
report in The Standard: www.thestandard.co.zw 23.01.05)
It is
ironic that the one party selected for a news blackout is
the party which, even on the disputed results of the 2000
parliamentary elections, nearly beat ZANU (PF) and whose presidential
candidate in the 2002 poll, Morgan Tsvangirai, did, according
to many well-informed sources, beat the incumbent, Robert
Mugabe - only to have his victory fraudulently snatched from
him.
The ZBC
has also refused to flight any advertisements for the MDC,
and the state-controlled newspapers have adopted the same
policy. |
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 … access to the media on the part
of allstakeholders … |
27.01.05 |
ZANU
PF WRESTS CONTROL OF MDC-LED CITIES
The government
has appointed a committee to take over the running of Mutare
city from the opposition-controlled council. Mutare executive
mayor, Misheck Kagurabadza, whose council was elected into
office two years ago, yesterday confirmed that a committee
had been appointed effectively to take control of the running
of the city from his council.
It is
understood the government intends in the next month to impose
similar committees to wrest control of the democratically-elected
councils of Masvingo and Zimbabwe’s second largest city, Bulawayo.
Both cities are now run by the opposition Movement for Democratic
Change (MDC).
It is
reported that the government, which in 2002 fired Harare’s
MDC executive mayor, Elias Mudzuri, and last year appointed
a commission to run the capital, is intent on seizing control
of all major cities ahead of the March general election.
“The government
wants to wrestle back control of these towns because they
view the MDC mayors as a problem,” said one government official,
who did not want to be named.
(Read
the report in Zim Online: www.zimonline.co.za 27.01.05) |
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
|
28.01.05 |
PUBLIC
SERVANTS TO MONITOR ZIMBABWE POLL Public
servants, rather than independent observers, will monitor
the March parliamentary election according to the justice
minister, Patrick Chinamasa. The decision was immediately
criticized as being likely to further compromise the integrity
of the election, although Chinamasa said it was intended purely
to enable the government to discipline the observers “if they
do any monkey business.”
News of
the decision came as a group of lawyers from the Southern
African Development Community (SADC) arrived to assess Zimbabwe’s
compliance with the group’s principles and guidelines on democratic
elections.
Robert
Mugabe has not yet set a date for the election, but there
is already widespread concern over its integrity after a series
of laws were passed effectively putting the ruling ZANU (PF)
party in charge of the process and appointing soldiers, police,
prison wardens and other government staff to key positions.
Khabele
Matlosa, research director at the Electoral Institute of Southern
Africa, which helps monitor elections in the region, said
while the move was not against SADC guidelines, the use of
public servants rather than non-governmental organisations
would compromise the poll.
The main
opposition Movement for Democratic Change (MDC) party said
the guidelines were very clear on the need for elections to
be monitored by impartial individuals. “Given that the
public service in Zimbabwe has been heavily politicized in
recent years, there can be no guarantee that the public servants
will discharge their duties in an impartial manner,” it said.
(Read
the report in Business Day (SA): www.bday.co.za 28.01.05) |
4.1.2
Conducive environment for free, fair and peaceful elections
7.3 (Government
to) establish impartial, all-inclusive, competent and
accountable electoral bodies … to arbitrate in the
event of disputes arising from the conduct of elections
|
27.01.05 |
NEW
DEMANDS DISENFRANCHISE MILLIONS
Thousands
of eligible Zimbabweans will not be able to vote in the upcoming
parliamentary elections without producing written proof that
they reside in the constituency where they are registered.
In a last-minute public notice published in the official Herald
newspaper, the Registrar-General’s office said prospective
voters in urban areas should present inspection officers with
payment slips for water, electricity or other rates or written
statements from landlords confirming their tenancy within
the constituency. Voters in rural areas are required
to produce written confirmation from their wardcouncillorsand
traditional chiefs.
Civic
groups and the political opposition have expressed concern
over the new demands, while political analysts have said they
would discourage potential voters from participating in the
poll.
It is
thought the stringent new requirements are bound to work in
favour of the ruling ZANU (PF), especially in rural areas
where ZANU (PF) have made strenuous attempts in recent months
to co-opt traditional leaders by awarding them vehicles and
tax free allowances.* There are already many reports
coming in from rural areas of cases in which traditional leaders
have refused to provide the necessary letters of confirmation
to known or suspected supporters of the opposition Movement
for Democratic Change (MDC) party.
In the
towns, many lodgers are unable to provide the documentation
required of them. The late notification of these new
requirements has also caused massive problems since many eligible
voters were unaware of them when they called to check their
names on the voters’ roll, and that exercise was completed
on Sunday 30 January.
(See the
report of IRIN (UN) quoted in ZW News: www.zwnews.com 29.01.05)
*Zimbabwe
Independent report: 7 January 2005:
At the
annual chiefs’ conference in Bulawayo during 2004, Chief Jonathan
Mangwende, (president of the Chiefs’ Council), implored President
Mugabe to maintain his grip on power.
"We made
a splendid job of campaigning for you during the presidential
election and my colleagues are disturbed by rumours that you
want to retire. We want you to stay," Mangwende said
The chiefs
have since been issued with vehicles at heavily subsidised
prices that will be fuelled by money from peasants fined for
numerous offences over which chiefs now enjoy jurisdiction.
Most of the chiefs have also had their homesteads electrified
and boreholes sunk to make them as amenable to Zanu PF’s whims
as possible. |
2.1.6
Equal
opportunity to exercise the right to vote and be voted for
4.1.3
Non-discrimination in the voters’ registration
4.1.4
Existence of updated and accessible voters’ roll |
|
ZIMBABWE
ELECTORAL LEGISLATION :
SADC
CHECK LIST
SOKWANELE
has also now produced a detailed analysis of the Zimbabwean
statutes that are in breach of the SADC Protocol on Democratic
Elections and the policy breaches by the ZANU PF government. Entitled
“ZIMBABWE ELECTORAL LEGISLATION : SADC CHECK LIST” the
document can be seen on our website at www.sokwanele.com
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THE
INSTITUTE FOR WAR AND PEACE REPORTING – PROVIDING DAILY REPORTS
AND PHOTOGRAPHS FROM ZIMBABWE
On January
21 the Institute for War and Peace Reporting launched a project
to provide intensive special coverage of the Zimbabwean election
campaign and the vote. IWPR is an international not-for-profit
training and media development organisation which has won
numerous awards for development and human rights reporting
in conflict and crisis areas from the Balkans to Iraq.
IWPR is
widely known for providing an international platform for local
voices. But in the Zimbabwean context, dissemination
within the region is the priority, and IWPR reports and photographs
are available without charge to African media for replication.
Visit
their website at: www.iwpr.net
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Note:
The fraudulent and violence-ridden elections of 2000 and 2002 were
narrowly won by Robert Mugabe, who has maintained his
iron grip on the country by using strategies designed to annihilate
all forms of opposition.
While a date
for the Parliamentary Elections is still awaited, already it can
be seen that there is no prospect that those elections will be fair
and free. During the fourteen weeks that Sokwanele has been systematically
tracking and recording developments, it has become increasingly
apparent that the regime is moving further away from the SADC Protocol
on Democratic Elections, rather than towards compliance. The regime
is going to some lengths within the region to portray itself as
moving to meet those criteria, but the reality is totally different.
Behind the façade of democracy, every institution or legal
principle which would favour a free and fair election has been systematically
destroyed to ensure that the poll will produce a pre-determined
result favouring ZANU (PF).
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