|
Back to Index
This article participates on the following special index pages:
2008 harmonised elections - Index of articles
Baseline
conditions must be met by the authorities if a second presidential
election is to be at all acceptable in law and practice
Zimbabwe Lawyers for Human Rights (ZLHR)
May 04, 2008
Zimbabwe Lawyers for
Human Rights (ZLHR) has noted the announcement of the results of
the presidential elections by the Zimbabwe Electoral Commission
(ZEC) on 2 May 2008 after an unprecedented delay of over one month.
ZLHR has previously made
its position clear in relation to the adverse impact of the delayed
announcement by ZEC on the credibility of any result announced.
The delay has been unacceptable and, together with the arrest and
detention of over 120 ZEC officers, the lack of transparency in
the electoral process (especially post-voting day), and the ever
escalating retributive political violence, has ensured that this
result is and remains disputed and of no value to those who voted
on 29 March 2008 for a return to the rule of law, peace and democracy
in Zimbabwe.
Be that as it
may, in line with the provisions of the Electoral
Act as amended, as no presidential candidate received an absolute
majority on 29 March 2008, there is now need for a second election
within 21 days of the declaration of the result by ZEC on 2 May
2008.
Should the two
presidential candidates agree to participate in the second election,
there is a need to be clear on exactly what issues need to be addressed
in order for such election to conform, at the most minimum level,
to Zimbabwean constitutional and electoral norms and regional and
international standards, most particularly the SADC
Principles and Guidelines Governing Democratic Elections.
ZLHR wishes to make it
clear that the following issues need to be addressed as a matter
of the utmost urgency:-
1. Immediate cessation
of all political violence in Zimbabwe, especially at the local community
level, by all state actors, and non state actors acting with the
acquiescence of the state. This includes, but is not limited to,
commanders and officers of the Zimbabwe Republic Police (especially
the Law and Order section and the riot squad), the Zimbabwe National
Army, the Central Intelligence Organization, the Police Internal
Security Intelligence, so-called war veterans and graduates of the
National Youth Service.
2. Immediate comprehensive
public statements using print (all publicly-owned newspapers throughout
the country) and electronic media (state television and all four
state-controlled radio stations) by the "Minister" of
Home Affairs, the Commissioner-General of Police, the Commander
of the Defence Forces, the Commander of the Air Force, and the Commissioner
of Prisons, denouncing all forms of political violence, instructing
their subordinates to cease all such violence, and assuring voters
that they will all be protected, no matter their political affiliation,
and that all perpetrators will be brought swiftly to justice to
ensure that impunity is fought.
3. Immediate access to
all victims of political violence by lawyers, medical practitioners,
humanitarian organizations and other groups to provide emergency
and ongoing support services and to ensure their safety throughout
the second election period and beyond.
4. An immediate and public
guarantee by the "Minister" of Justice, Legal and Parliamentary
Affairs, of the institutional and individual independence of the
judiciary, especially the judges of the Electoral Court so that
they can carry out their constitutional functions without fear or
favour.
5. The immediate entry
into Zimbabwe of expanded regional and international observer missions,
especially those of SADC, COMESA, PAP, AU and the UN, who will be
allowed full access to all areas of the country, and who can ensure,
amongst other things, that ZEC, through its officers on the ground
at each and every polling station, is able to perform its constitutional
functions transparently and without fear or favour.
6. The immediate cessation
of the continuing arrests of ZEC presiding officers and other election
officers, the withdrawal of all charges against those already arrested,
and their immediate release from detention.
7. A public undertaking
and order to all law enforcement agents by the "Minister"
of Home Affairs and the Commissioner-General of Police that ZEC
officers will not be targeted and their safety and security will
be guaranteed during the second election and in the aftermath thereof.
8. The immediate cessation
of attacks on civil society organizations and individuals working
therein, and all other human rights defenders, especially those
involved in human rights, electoral and civic education activities,
by state actors and non state actors acting with the acquiescence
of the state. This includes, but is not limited to, commanders and
officers of the Zimbabwe Republic Police (especially the Law and
Order section and the riot squad), the Zimbabwe National Army, the
Central Intelligence Organization, the Police Internal Security
Intelligence, so-called war veterans and graduates of the National
Youth Service.
9. Assurance
that all local observers will be allowed to continue with their
observation obligations as stipulated by law and increase their
numbers of accredited observers if they feel it is necessary, to
ensure state compliance with electoral law and procedure at all
times, especially, but not limited to, the Zimbabwe
Election Support Network and its member organizations.
10. Strict compliance
by the authorities with the Constitution
of Zimbabwe and the Electoral Act, especially as regards the
posting of results outside polling stations immediately after counting
and tabulation has been effected, and the timely announcement of
results.
11. Immediate and equal
access by both presidential candidates and their representatives
to the publicly-owned media (print and electronic) and immediate
cessation of inciting hate speech and propaganda, and false information.
ZLHR wishes
to finally make it very clear that there will be zero tolerance
for any attempts by the incumbent president to utilize his disputed
and unconstitutional powers or any other means to amend in any way
the current electoral laws and process, most particularly the time-frame
within which any second election must be held - the deadline
of which is on or before 24 May 2008. In addition, the ZEC must
ensure that it complies strictly with its obligations in this regard
and does not seek to unlawfully justify the further delay of this
electoral process.
Visit the ZLHR
fact
sheet
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.
TOP
|
