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Compliance assessment of GPA against SADC principles & guidelines for free & fair elections
Zimbabwe Election Support Network
February 27, 2009

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Introduction

Following years of sustained political disputes between ZANU PF and MDC dating back to 2002, an agreement was finally reached and formally signed on the 15th of September 2008. The signing of the Global Political Agreement (GPA) signified the acceptance by the major political parties in the country that, the only way to salvage the country's ailing economy and dead governance culture was through a compromise agreement. The mediated settlement, in itself a mechanism of conflict management and resolution, however has the potential, in its implementation to be a vehicle for conflict transformation and regenerating the democratization of Zimbabwe.

The basis of the GPA was the Memorandum of Understanding signed on the 21st of July 2008. The understanding outlined the agenda of the SADC mediated talks to include the following:

1. The economy
2. The political environment
3. Security
4. Communication
5. The framework of a new government
6. The implementation mechanism
7. The Global Political Agreement

As it moves beyond signature, ZESN is undertaking the monitoring the implementation of the GPA, gauging the level of sincerity of the political parties in terms of representing the wishes and aspirations of Zimbabweans for the promotion of democracy and good governance. Such a monitoring exercise is put in the context of elections as the transitional establishment is meant to facilitate the drafting of a new constitution leading to fresh elections. In this regard, though the timeframes remain subject to various interpretations, it is anticipated that Zimbabwe should expect two elections during the life of the transitional inclusive government borne out of the GPA, the Referendum for the adoption of a new constitution and a Parliamentary and Presidential election thereafter.

The Global Political Agreement seems to set the tone for the conduct of democratic free and fair elections as it addresses issues such as full participation of citizens in the political process, freedom of association and political tolerance. However three essential principles for free and fair elections are not comprehensively addressed by the GPA. These are voter education, challenges of election results as provided for in the law and regular intervals for elections as prescribed by law. The omission of these three elements suggests that either the political parties to the agreement are not concerned about them or they feel that the governance crisis facing the country is not related to these issues. In any event, ZESN remains concerned that, the failure of the GPA to articulate the necessity for objective, voter and civic education to enable citizens to effectively assert their rights, articulate their interests and participate in the political process.

Noting that the proposed referendum to be conducted after 18 months from the date of the establishment of the inclusive government, is likely to be held under the already existing Electoral Act as amended by Amendment 18 and any future amendments that may occur between now and the date of the referendum, it will be interesting to see how the political parties in the agreement, those outside the agreement and civic society will play it out. Various interests will have to be accommodated in the politics of the referendum which, once the result is a nod for the draft constitution, will pave way for fresh elections.

ZESN, in an attempt to ensure that its concerns are noted in the draft constitution, is adopting a proactive and will engage in the process so that aspects of the SADC Principles and Guidelines for free and fair elections that are not adequately tackled in the GPA and not legislated in both Amendment 19 and still lacking in the Electoral Act, are conclusively addressed in the new constitution.

ZESN will continue to monitor the political environment and report on compliance of the GPA in relation to the SADC principles and guidelines for free and fair elections. Below is a baseline assessment as at February 2009.

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