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Zimbabwe votes in unfair & non-free environment: Statement on 29 March election
MISA Regional
March 28, 2008

Zimbabwe goes to polls over the weekend to choose a new government. If voted into power ZANU-PF would have been the sole party in power for the last 27 years, and Mr Mugabe, President for six consecutive terms. While the outcome of this electoral process cannot be determined now, it is well within the rights of MISA to express concern on a number of issues that affect the freeness and fairness of the coming 29 March elections. The prevailing media and freedom of expression environment in Zimbabwe remains a major area of concern that renders the coming elections questionable as far as critical and alternative voices have not been allowed freedom to operate and be heard.

It should be noted from the beginning that Zimbabwe has one of the worst media and freedom of expression environments in the world, characterized by repressive media laws, chief among them the Access to Information and Protection of Privacy Act (AIPPA), The Public Order and Security Act (POSA), The Broadcasting Services Act (BSA) and the Interception of Communications Act (ICA). These laws have been used not only to shut down critical newspapers and ban critical journalists and media houses but have been invoked in this election to ban local and international journalists and a number of foreign media organizations among them CNN and South Africa's ETV news.

Furthermore the Zimbabwe Election Commission (ZEC) has used non existent laws demanding to accredit only journalists licensed by the state controlled Media and Information Commission(MIC). This is despite the fact that the MIC, in its present form is an illegal entity as per the January 2008 amendments to AIPPA. Demands that foreign journalists pay huge sums of money as well as seek approval of the foreign affairs Ministry have resulted in many foreign media organizations interested in covering the elections staying away and others including CNN and South Africa's E-TV out rightly banned by the Zimbabwe government.

These conditions imposed by the Zimbabwe Electoral Commission are unlawful and contravenes the SADC Principles and Guidelines Governing Democratic Elections as agreed by all SADC Heads of State including President Mugabe. The ZEC further violates all regional initiatives on Elections management all of which Zimbabwe is a signatory including; the SADC Parliamentary Forum's Norms and Standards for Elections in Southern Africa, the Electoral Commissions Forum (ECF) and the Electoral Institute of Southern Africa's (EISA) Principles for Election Management , Monitoring and Observation in Southern Africa.

These regional standards and principles provide a political, media, administrative and legislative framework for conducting free and fair elections. Under the SADC-PF and ECF/EISA guidelines, SADC Member States have the duty to strictly adhere and protect the sanctity of the freedom of association and expression and the existence on an independent media regulator respectively.

Contrary to the agreed electoral principle of equal and free access to state owned media for all political parties and candidates; access by opposition and civic society has remained skewed with the Media Monitoring Project recording many incidences of blatant biased reporting. State media employees have been further harassed by their employer for showing any signs of sympathizing with the opposition.
Further to the build up to the elections, hate messages targeting the opposition have intensified with the net effect of inflaming ill feeling and in some cases violence against opposition supporters. Statements from Security forces leadership threatening citizens and the opposition have been conveniently amplified by the state media to instill fear in ordinary Zimbabweans.

It is MISA's position that any electoral process characterized by biased and unethical reporting, intimidation and legal gags placed on the media can not pass the test of being free and fair no matter that the actual voting process might seem free and fair. The legislative environment in which the Zimbabwe 2008 elections are taking place falls short of meeting the minimum basic principles of democracy; free speech, judicial independence and diversity of ideas.

The SADC Principles and Guidelines Governing Democratic Elections explicitly states that a constitutional and legal framework guaranteeing fundamental freedoms and human rights; an independent and impartial electoral body are primary and prerequisite to holding free and fair elections.

Noting the above issues, in line with the deteriorating economic and social conditions of Zimbabwe leaves many wondering how an election process in such an environment of want and need can be free and fair. It is only fair to conclude that any free and fair election cannot exist in a situation where rural communities are given a choice of receiving food in exchange for their vote, where free expression is muffled and criminalized, where access to public information is inaccessible, where the state media are adept of any diversity and where access to a polling station may not be feasible for the millions of resource strapped electorate. While these issues have been ignored by the ZEC and the Zimbabwean government, they have a direct effect on the validity, free and fairness of these elections.
MISA stands to conclude that with such a fraudulent legislative and deteriorating political, economic and civil rights, the Zimbabwean elections of March 29 2008 will not be free and fair.

Kaitira Kandjii

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