Incidents/Developments

SADC standards breached

10.02.05

STILL NO INVITATIONS

Less than seven weeks before the date of the parliamentary elections and well beyond the minimum of 90 days stipulated in the SADC Protocol on Democratic Elections, the Mugabe regime has still not issued any invitations to observe or monitor the Poll, either to SADC or any other group.  The SADC Protocol requires the host country to issue such an invitation at least 90 days before the voting day “in order to allow an adequate preparation for the deployment of the Electoral  Observation Mission”.

Meanwhile Luphumzo Kebeni, spokesperson for the South African Parliament, has said that South Africa will “definitely” send a multi-party team of parliamentary observers.  Kebeni confirmed that the South African Parliament will also send a representative to join the SADC observer team.

Dr Kasuka Mutukwa, secretary general of the SADC parliamentary forum (SADC-PF) which criticised the 2002 presidential elections in Zimbabwe, said from Windhoek the forum was expecting an invitation” and would like to send a team of 35 members of parliament.

The Election Institute of Southern Africa (Eisa), which monitors all elections in the region, will decide this week who is to lead its team of 40 observers.  However none of the would-be observer missions has received an invitation from Harare yet. Miss Sa Ngidi of Eisa said an invitation was a pre-requisite and if they did not receive one they would definitely complain to Zimbabwe’s  electoral commission.

Zimbabwe’s main opposition party, the Movement for Democratic Change (MDC), said that the refusal to invite observers in time showed that Mugabe has “skeletons in the closet”.   Priscilla Misihairabwi-Mushonga, shadow minister of foreign affairs, said in Harare that the African Union has also not been invited yet and “it is clear that the (Zimbabwean) government is not at all serious about observers”.

(See the report in New24 (SA): www.news24.com 10.02.05, also carried on ZWNEWS: www.zwnews.com)

Note – under Section 14 of the recently enacted Electoral Act, an “Observers’ Accreditation Committee” is set up whose members are appointed by Mugabe and his ministers.  This entirely partisan body is given absolute discretion in respect of who to authorise to observe the election.  Therefore, apart from the late issuing of invitations to regional and other observer missions, it remains to be seen whether Harare will accept the members appointed to these missions by the regional bodies concerned.

7.10 (Host government responsible for)  issuing invitation … to SADC 90 (ninety) days before the voting day in order to allow an adequate preparation for the deployment of the Electoral Observation Mission

7.12 (Host government responsible for) accreditation of the members of  SADC Electoral Observation Mission on a non-discriminatory basis

11.02.05

SADC TROIKA SNUBBED

Southern African Development Community (SADC) leaders who planned to assess electoral conditions in Zimbabwe last month were unable to proceed with their mission when authorities in Harare proved reluctant hosts.

Diplomatic sources disclosed that a SADC troika comprising South African President Thabo Mbeki, Lesotho Prime Minister Phakalitha Mosisili, and outgoing Namibian President Sam Nujoma had been expected to meet Robert Mugabe on January 17 in Harare in connection with the election, but were unable to fulfil their mission.  The trip was aborted when the leaders failed to secure a confirmation from Harare.

After the failure of the SADC troika leaders to secure an appointment with Mugabe, SADC then decided to send a technical team, including legal experts, to assess the situation. However this team is also still awaiting clearance from Harare. All the signs are that Mugabe is extremely uncomfortable with the most unwelcome spotlight now being focused on the skewed political landscape and profoundly flawed electoral process in Zimbabwe. 

(See the report in Zimbabwe Independent: www.theindependent.co.zw 11.02.05)

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

7.8 (Government to) ensure the transparency and integrity of the entire electoral process by facilitating the deployment of representatives of political parties … at polling and counting stations and by accrediting national and/other observers/monitors

08.02.05

VILLAGERS TOLD  “BACK ZANU-PF OR STARVE” 

Opposition Movement for Democratic Change (MDC) party officials in Matabeleland South have accused traditional chiefs of forcing their subjects to back the ruling ZANU-PF party, threatening to deny government-supplied maize to those who refuse.

To be allowed to buy cheaper-priced maize from the ZANU-PF-controlled Grain Marketing Board (GMB), starving villagers must have their names on a food assistance register kept by the chief.  Chiefs also issue letters authorising the GMB to sell maize to their subjects.  The GMB is the only company permitted to trade in maize and is the only institution supplying subsidized maize to the majority of hungry Zimbabweans after the government barred international food agencies from doing so. 

According to opposition officials, chiefs in Tsholotsho, Umzingwane, Insiza and other constituencies in the province have told their subjects to attend ZANU-PF campaign rallies only, with those who defy their orders having their names removed from the food register.  Mtloliki Sibanda, MDC member of parliament for Tsholotsho, said villagers had little option but to abide by the chiefs’ orders or they starve.

(See the report on Zim Online: www.zimonline.co.za   08.02.05)

(Also see pay hike story on page 5 of this report)

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 …

11.02.05

MILITARY DECLARE “NO GO” AREAS FOR MDC

Robert Mugabe’s ZANU-PF government has barred opposition and independent candidates in next month’s parliamentary elections from canvassing for support among uniformed forces – long recognized as the bedrock of ZANU-PF’s 25-year grip on power.

Commanders at army, police and prison camps have in the past few weeks refused the candidates permission to hold meetings or to distribute flyers in the camps where thousands of service personnel live with their families.  ZANU-PF candidates on the other hand can enter the camps freely to campaign for their party.

An example of the blatantly partisan stance of the military in Zimbabwe is provided by the refusal of the police authorities to permit independent candidate Margaret Dongo from entering the Tomlinson Depot in the Harare Central constituency where she is standing.   Tomlinson Depot is one of no less than five large camps and barracks in Harare Central constituency.  Residents of the camps make up close to 50 per cent of the registered voters in the constituency.

Harare Lawyer and MDC legislator Tendai Biti was refused entry to Chikurubi Prison Complex east of the capital.  He said: “It is unconstitutional and immoral to bar the opposition from campaigning in camps and barracks.”

Just before the 2002 presidential election controversially won by Mugabe, the top commanders of Zimbabwe’s army, air force, police, prison and secret service declared in a joint statement that they were not going to back the winner in that poll if that person did not fight in Zimbabwe’s 1970s independence war.  The statement was seen as a clear threat to stage a coup if MDC leader Morgan Tsvangirai, who did not fight the war, won.

(See the report in Zim Online: www.zimonline.co.za 11.02.05)

2.1.1 Full participation of citizens in the political process

2.1.2 Freedom of association

2.1.3 Political tolerance

2.1.6 Equal opportunity to exercise the right to vote and be voted for  

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 …

06.02.05

Less than two months ahead of the parliamentary elections scheduled for March 31, Robert Mugabe’s ZANU-PF government has awarded huge pay increases – up to 1 400 per cent – to the war veteran’s militia, ex-political prisoners and traditional chiefs.

These moves immediately drew accusations that Mugabe was paying off key political groups with a critical role in the ZANU-PF election strategy of intimidating opposition voters.

In the last parliamentary elections in 2000 and presidential ballot of 2002, so-called war veterans and the youth militia led a countrywide reign of terror against the opposition Movement for Democratic Change (MDC), and are considered responsible for most of the murders of about 300 people in the campaigns.  Chiefs and their hierarchy of village headmen are accused of using their powerful influence over impoverished rural communities to force people to vote for Mugabe’s  ZANU-PF.

Ironically Mugabe accuses the MDC of soliciting Western finance “to buy votes”.     The ZWNEWS headline for the report on Mugabe’s attack on the MDC reads:   “’Zimbabwe can’t be bought’, says vote buyer”.

(Reported from News24 (SA): www.news24.com 06.02.05 and in ZWNEWS www.zwnews.com 08.02.05)

10.02.05

More than 2 000 youth militia have been deployed at Kamativi in the opposition stronghold Matabeleland North province ahead of the March elections.

The youths, accused by churches and human rights groups of hunting down, torturing and raping opposition supporters, have already begun patrolling villages in Binga, Hwange, near the tourist resort of Victoria Falls and other parts of the province.

Opposition Movement for Democratic Change (MDC) member of parliament for Hwange West constituency, Jealous Sansole, said that people in his area were now afraid to attend meetings called by his party since the deployment of the youths. 

Sansole also revealed that many of these youths, who have been trained in violence and indoctrinated with ZANU-PF propaganda to the point at which they recognize no other authority in Zimbabwe apart from Robert Mugabe and his party, have been illegally registered to vote in his constituency under which Kamativi falls.

Under the new Electoral Act, voters are registered in the constituency in which they live, and in a parliamentary election should cast their ballot only in that constituency.

In a damning report on human rights abuses in the country, the African Commission for Human and Peoples’ Rights singled out the youth militias as among the chief human rights abusers and called for their disbandment.  The report was formally adopted by the African Union last week.

(Reported in Zim Online: www.zimonline.co.za 10.02.05)

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 …

7.5 (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

11.02.05

A wave of political violence in Zimbabwe, highlighted by an attack on people leaving an opposition rally in Nyanga last week, is expected to intensify in the final seven weeks of an already bitter and violent election campaign.

Members of the Zimbabwe National Army are reported to have assaulted 15 Movement for Democratic Change (MDC) members attending a campaign rally addressed by a party candidate, Douglas Mwonzora, in Nyanga on February 6.

Hundreds of followers of Mugabe’s ZANU-PF party ambushed the opposition supporters after the rally, where the incumbent opposition candidate vowed the MDC would end the “reign of terror” if it came to power.

The incident capped a week in which police arrested Zengeza MDC candidate Godrich Chimbaira, militants attacked an opposition office in Bulawayo and self-styled liberation war veterans killed a white farmer near Banket and forced his family to flee their farm.

(See the report in the Zimbabwe Independent: www.theindependent.co.zw 11.02.05)

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 …

7.7 (Government to) ensure that adequate security  is provided to all parties participating in the elections

06.02.05

Zimbabwe’s main opposition party, the Movement for Democratic Change (MDC), has accused Robert Mugabe’s government of trying to subvert democracy through a 20-fold increase in the deposit fees for candidates contesting the March 31 parliamentary polls.

“This is a clear attempt to use money to prevent democracy,” the MDC secretary general, Welshman Ncube, said.   Twenty-four hours after his party had announced it would be contesting the election the government issued a notice hiking the registration fee for a candidate from Z$100 000 to Z$2 million.  At the same time candidates wishing to obtain a copy of the voters’ roll will now have to pay Z$1 million against Z$200 000 previously.  Ncube said the MDC would need to raise Z$260 million by March 8 in order to contest in all the 120 constituencies.

(See the report in the Sunday Argus (SA): http://www.capeargus.co.za/ February 6, also carried on ZWNEWS: www.zwnews.com)

NOTE:  Under Zimbabwean law, political parties cannot receive foreign funding.  While there are no non-partisan law enforcement agencies to enforce this provision with respect to the ruling ZANU-PF party, the opposition parties are rigorously scrutinized by the Central Intelligence Organization (CIO) and other state agents.  The MDC’s financial resources are severely strained after contesting a number of cases involving the legal harassment of their members and challenging in the courts the results of both the 2000 parliamentary and 2002 presidential elections – cases which have still not been determined by the country’s top judges, most of whom have demonstrated a clear bias in favour of the interests of the ruling ZANU-PF.

2.1.1 Full participation of citizens in the political process

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

7.3 (Government to) establish impartial, all-inclusive, competent and accountable electoral bodies …. as well as competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of elections

08.02.05

It is now official.  Zimbabwe has a poor human rights record, its police force is politicized, and its security and media legislation are at odds with the freedom of expression and association.  For the first time member states of the African Union have officially sanctioned criticism of Robert Mugabe’s human rights record. 

Zimbabwe Lawyers for Human Rights has confirmed that the executive council of the African Commission on Human and Peoples’ Rights (ACHPR) has adopted a three-year-old report on Zimbabwe’s human rights record, and it has now become a part of the official record of the African Union.

The ACHPR recommended in its executive summary that the Zimbabwe government should ensure the following:

• the Judiciary is independent of executive control or influence
• youth militia are dismantled and their camps closed
• sections of security and media legislation are reviewed
• the establishment of an independent electoral commission
• police are freed of political control
• NGOs involved with human rights  and governance are permitted to operate freely

“We hope that the Zimbabwe government takes notice of the recommendations from the AU,” said Arnold Tsunga, director of Zimbabwe Lawyers for Human Rights.

(Reported in the Cape Times (SA): http://www.capetimes.co.za/ 8.02.05 and quoted in ZWNEWS: www.zwnews.com)

2.1.7 Independence of the Judiciary

4.1.2 Conducive environment for free, fair and peaceful elections

2.1.5 Equal opportunity for all political parties to access the state media

7.3 Establish impartial, all inclusive, competent and accountable national electoral bodies …

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