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SADC Principles and Guidelines: A work in progress
Zimbabwe Solidarity
Extracted from the Zimbabwe Solidarity Newsletter Issue 01
February 18, 2005

The conduct of a transparent and open election process in accordance with established legislation is fundamental to a democratic society. An open election process not only serves to ensure the right of political participation, it also presupposes adherence to other basic human rights such as the right to freedom of expression, movement, peaceful assembly and association.

In recognition of the important role that an open election process plays in consolidating citizens’ participation in the decision making processes, SADC has made significant progress, in recent years, in consolidating democratic practices and institutions in the region and the individual member countries.

Regrettably, the level of commitment to political liberalisation and democratisation still varies greatly from country to country and this has opened the door to external and internal criticism of the electoral processes and results in several member states.

In an effort to address this ambiguity and uncertainty and to respond proactively to the "AU Principles Governing Democratic Elections", the member states of the SADC during August 2004 adopted the "SADC Principles and Guidelines Governing Democratic Elections". These Principles and Guidelines not only provide a set of general criteria against which the impartiality of elections can be measured; they also serve as a public expression of the SADC’s commitment to the consolidation of democracy in the region.

As a practical tool, the Principles and Guidelines provide a solid yet non-specific framework through which the concepts of "freeness" and "fairness" within the electoral process can be measured. In general, the term "freedom" refers to those elements of the electoral process that impact on a voter’s opportunity to participate in the electoral process without being exposed to coercion or restrictions, whilst "fairness" refers to those aspects that impact on impartial or equitable access to the process for all qualified individuals.

The obvious difficulty with using the SADC Principles and Guidelines to measure "freeness" and "fairness" is the fact that most of the principles and guidelines are open to interpretation, and at present it still remains to be seen how these two concepts will be practically defined and applied by the SADC members. All of the criteria for a strict interpretation of "free and fair" are present, but it is still up to the leadership and citizens of the region to determine the level of latitude and interpretation that will be allowed.

The adoption of the "SADC Principles and Guidelines Governing Democratic Elections" is undoubtedly a positive step on the road toward long-term sustainable democracy in the SADC region, but it is not yet a fully functional instrument. Apart from the problem of interpretation, as discussed above, there is also the dilemma of enforcing the Principles and Guidelines when no provision has been made for sanctions against governments or leaders who do not comply. The enforcement of the principles and guidelines, therefore, depends greatly on the resolve of regional leaders to hold themselves and their brethren accountable. As yet this resolve has not been adequately tested.

Within the above context, it is important for the citizens of the SADC region to view the "SADC Principles and Guidelines Governing Democratic Elections" as a work in progress. The practical application and enforcement of the principles and guidelines will depend as much on the content of the document, as the will of the people. Consequently, it is imperative that the citizens of the SADC region ensure their participation in the evolution of this process by demanding that their leaders implement and enforce the Principles and Guidelines in accordance with the democratic ideals of the people.

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