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Voter intimidation by Zimbabwe national army deplorable
Zimbabwe Lawyers for Human Rights (ZLHR)
March 10, 2008

Zimbabwe Lawyers for Human Rights (ZLHR) deplores new public statements by the commander of a state institution which ostensibly exists to impartially protect the safety and integrity of all people of Zimbabwe, regardless of their political persuasion. This comes in the light of the intemperate and unlawful utterances made by the Commander of the Zimbabwe Defence Forces (ZDF), Constantine Chiwenga, which were published in The Standard on 9 March 2008.

According to The Standard report Commander Chiwenga stated that two of the presidential candidates, Morgan Tsvangirai and Simba Makoni, were "sell outs", reiterating that:

"Elections are coming and the army will not support or salute sell outs and agents of the West before, during and after the presidential elections. We will not support anyone other than President Mugabe who has sacrificed a lot for the country"

Upon further enquiry as to the role of the army in a democracy the ZDF Commander is reported to have asked:

"What is wrong with the army supporting the President against the election of sell outs?"

These statements echo similar threats made just two week ago on 29 February 2008 by the Commissioner of the Zimbabwe Prison Service, Retired Major General Paradzayi Zimondi, which ZLHR has already condemned, in which he stated that:

"If the opposition wins the election, I will be the first one to resign from my job and go back to defend my piece of land . . . We are going to the elections and you should vote for President Mugabe. I am giving you an order to vote for the President."

ZLHR again expresses its concern over a developing trend where senior members of influential state institutions such as the Zimbabwe Republic Police, the Zimbabwe Prison Service and the Zimbabwe National Army resort to intimidating their subordinates, the electorate and ordinary Zimbabweans prior to elections for the purposes of manipulating their vote in favour of the incumbent President and ruling party. Uniformed forces' influence over the electoral process is generally unacceptable under national and international law.

These statements intimidating the electorate go back as far as the run up of the 2002 Presidential elections when the Commissioner of Police and then Commander of the Zimbabwe Defence Forces Vitalis Zvinavashe made similar pronouncements.

This conduct essentially amounts to an attempt to use the cover of the electoral and other democratic processes to establish de facto military control, and are thus inconsistent with any of the principles of democratic rule.

According to Section 133B (c) of the Electoral Act, it is a criminal offence to intimidate people with the effect of compelling or attempting to compel them to vote for a particular political party or candidate. Section 134 (3) (b) goes on further to prohibit and criminalise any undue influence, whether duress or threats, upon a voter which influence seeks to make them vote or not vote during an election. The SADC Principles and Guidelines governing Democratic Elections also impart upon member states, including Zimbabwe, the obligation to ensure that elections adhere to the principles of freedom of association and political tolerance. Commander Chiwenga's statements serve to directly intimidate both members of the ZDF and the electorate, through implied threats of violence, from voting freely for a presidential candidate of their choice, as is their right.

It is therefore clear that the ZDF Commander is in breach of the law and the regional guidelines, and should be prosecuted by the appropriate authorities forthwith.

ZLHR is also concerned by reports that members of the armed forces are allegedly being sent to their rural homes to campaign for the ruling ZANU PF party. ZLHR wishes to make it clear that the use of such a state institution as the army, which is supposed to be a non-partisan arm of the state, for party political purposes is clearly an abuse of state resources, moreso where such resources will be used to intimidate the people from voting freely.

ZLHR urges the law enforcement authorities and the Zimbabwe Electoral Commission to take action and speak out against these continuing statements which will surely create an environment of fear and intimidation in the run up of and during the March 2008 Elections, depriving the electorate their right to exercise their choice and cast their vote freely.

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