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ZIMBABWE: Is Zimbabwe living up to SADC's electoral code?

17 Jun 2008 22:40:33 GMT
Source: IRIN

Background

• Zimbabwe crisis

• Zimbabwe hunger

JOHANNESBURG , 18 June 2008 (IRIN) - The degree of freedom and fairness in Zimbabwe's presidential election on 27 June will be judged according to a 10-point guideline enshrined in the Principles for Conducting Democratic Elections of the Southern African Development Community (SADC). IRIN, using the SADC checklist of democratic principles, has asked analysts to ascertain how Zimbabwe is measuring up to its obligations as a member of the organisation.

The treaty establishing the SADC, signed in 1992 in Windhoek, capital of Namibia, states: "The Protocol on Politics, Defence and Security Cooperation provides that SADC shall 'Promote the development of democratic institutions and practices within the territories of State Parties and encourage the observance of universal human rights as provided for in the Charter and Conventions of the Organization of African Unity (African Union) and the United Nations.'"

According to the treaty, "SADC member states shall adhere to the following principles in the conduct of democratic elections:"

1) Full participation of the citizens in the political process

"There is no doubt that there is little, if any, participation of citizens in the election process because of the political violence in that country [Zimbabwe], Khabele Matlosa, research director of the Electoral Institute of Southern Africa, a non-governmental organisation (NGO) promoting credible elections and democratic practices in Africa, told IRIN.

"We know for a fact that most of the violence unleashed is by government militias and thousands of people have been displaced, and plus or minus 60 people killed. There is a climate of fear and people are afraid of any type of participation because of the violence. Citizens' participation is at its lowest ebb ever."

Joseph Kurebwa, head of the University of Zimbabwe's politics and administration department, told IRIN: "The nature of politics in Zimbabwe is that anyone is free to be a member of any political party of their choice, and also to not participate in politics if they so wish.

"The political violence since 29 March is a result of differences between people, and these people are using the opportunity to settle old scores. There are very few incidents which would pass as political violence," he maintained.

Kurebwa offered to stand as a candidate for ZANU-PF in the recent parliamentary elections, but was not selected by the party at its primaries.

[The ZANU-PF party lost control of parliament for the first time since independence from Britain in 1980 during the general elections on 29 March. This has been followed by widespread reports of political violence, in which at least 60 people have been killed and thousands more displaced.]

2) Freedom of association

"Freedom of association is allowed by the constitution, and political parties are formed and allowed to contest elections," said Matlosa, who observed the 29 March election.

"In practice they [opposition parties and civil society organisations] are restricted heavily by state actions; the government gives with one hand and takes away with the other. It is not just political parties, but also NGOs. The Zimbabwe Electoral Support Network (ZESN) and the Zimbabwe Lawyers for Human Rights (ZLHR) play a very important role, but are not allowed political space," he commented.

Kurebwa said, "There is freedom of association; people of different political affiliations have been acting together with each other at various levels."

[In the period between the 29 March poll and the second round of voting for the presidency on 27 June, the government announced that all NGOs were deregistered with immediate effect and would have to reapply for registration.

ZESN, an umbrella body for 38 NGOs promoting free and fair elections, was deregistered and has not yet been reregistered as an NGO by the government. ZLHR, which aims to foster a human rights culture in Zimbabwe, has also been deregistered and must reapply for its status as an NGO.]

3) Political tolerance

"There is no political tolerance; the society is so polarised. The ruling party [ZANU-PF] does not tolerate political opposition; they [the government] see the opposition as part of a conspiracy unleashed by the West," Matlosa said.

"The level of political tolerance is very low ... [Zimbabwe's] security chiefs made it very clear publicly [before the 29 March election] that they would not accept any result that did not favour the incumbent [President Robert Mugabe]. This is the highest level of political intolerance," Matlosa commented.

In contrast Kurebwa maintained that "The ruling party accepts that people should have as many different viewpoints as possible. The government has not restricted this in any way."

[Mugabe told an election rally on 15 June in Silobela village, in Midlands Province: "We fought for this country and a lot of blood was shed. We are not going to give up our country because of a mere X [on a ballot]. How can a ballpoint pen fight with a gun?"

General Constantine Chiwenga, Commander of the Zimbabwe Defence Forces, told local media ahead of the voting on 29 March: "Elections are coming and the army will not support or salute sell-outs and agents of the West [meaning all opposition candidates] before, during and after the presidential elections ... We will not support anyone other than President Mugabe, who has sacrificed a lot for this country."]

4) Regular intervals for elections as provided for by the respective National Constitutions

"Elections are held regularly, although in a sense the 29 March election was a snap election. The ruling party called elections without consulting the opposition parties or President Thabo Mbeki [appointed by the SADC to mediate between the main opposition Movement for Democratic Change party and ZANU-PF]", Matlosa said.

"We excel on that score," Kurebwa said.

[Since Zimbabwe's first democratic elections in 1980, which marked the end of the colonial period, Zimbabwe has been to the polls for parliamentary and presidential election in 1985, 1990, 1995, 1996, 2000 and 2002. Presidential and parliamentary elections were held concurrently for the first time in 2008.]

5) Equal opportunity for all political parties to access state media

"No, there is no equal opportunity for all political parties to access the state media," Matlosa said. "The state media are monopolised by ZANU-PF and opposition parties have to rely on private media. In the 29 March elections, once SADC deployed observers in Zimbabwe, it was only then that the opposition was given opportunities on state media's radio and television services."

Kurebwa said, "The Broadcast Services Act and other pieces of legislation have given the opposition parties ample opportunity to air their views through media owned by the state."

[The government controls all domestic television and radio stations and also has a number of state-controlled newspapers. There are still some private and independent newspapers, but journalists and editors have been harassed, arrested and charged by the state for publishing stories seen as critical of the government. The Daily News, Zimbabwe's biggest independent newspaper, was shut down by government.]

6) Equal opportunity to exercise the right to vote and be voted for

"Zimbabwe's election laws provide for that, but in practice it is a different story. The present environment is so poisoned in the country that even for the leader of the opposition [Morgan Tsvangirai] - who has been arrested four or five times - it is extremely difficult for him to even campaign," Matlosa pointed out.

"Legally, the voting age is 18 years old and people over 18 can also stand for parliament," Kurebwa said. "For those standing for the office of the president, the candidate has to be at least 40 years old," Matlosa said.

"When people commit offences, or the police believe there are grounds to suspect that someone is about to commit an offence, they can be arrested. This does not interfere with the voter or someone standing as a candidate."

[Tsvangirai was recently arrested three times in a week, as well as on other occasions while on the campaign trail. Police arrested the MDC's secretary-general, Tendai Biti, after he returned from South Africa, apparently on treason charges, although he has yet to be charged four days after his arrest. Police said Biti had announced the results of the March 29 general elections prematurely. If convicted of treason, he could face the death penalty].

7) Independence of judiciary and impartiality of the electoral institutions

"Not at all. The judiciary is hugely politicised and is under the constant influence of ZANU-PF, and the same applies to the Zimbabwe Electoral Commission," Matlosa said.

"The final appointment of the Zimbabwe Electoral Commission officers is by the president, and it is not independent or autonomous. Other government departments are running aspects of the elections and registration of voters - the accreditation of observers is done by the Ministry of Justice for example," he noted.

Kurebwa told IRIN: "In the recent history of the country, treason charges have been levelled against Tsvangirai for a plot to assassinate Mugabe. The judiciary exonerated him [Tsvangirai].

"By and large the judiciary is independent, as is ZEC. The ZEC has remained steadfast in executing its duties according to the law. It has not subjected itself to the will of political parties," Kurebwa said.

8) Voter education

"Voters are supposed to be informed and normally this is carried out by political parties and civil society, but in Zimbabwe this is the reserve of the Zimbabwe Electoral Commission. Other organisations are barred from doing it, because government accuses them of being opposition supporters," Matlosa told IRIN.

"Voter education is the responsibility of ZEC by law," Kurebwa said. "I can categorically say that the commission (ZEC) has excelled in informing people of political rights and the candidates participating in the elections."

9) Acceptance and respect of election results by political parties proclaimed to have been free and fair by the competent National Electoral Authorities in accordance with the law of the land

"Problems with election processes [such as complaints made by the opposition after the 2002 elections] are not resolved, and these problems are being compounded - and the run-off elections will see more complaints that are not resolved," Matlosa said.

Kurebwa noted that "In 2000 and 2002 the opposition MDC went to the courts, but by and large various political parties have been happy with the outcome of the elections."

10) Challenge of the election results as provided for by the law of the land

"This also relates to the previous provision," Matlosa said. "The electoral law provides for a timeframe [for complaints to be resolved], which is hardly ever observed."

"If one looks at the harmonised elections," Kurebwa commented, "the results of each polling station were posted outside of the polling station, and that gave everyone an opportunity to look at the results. The results were above board and in compliance with the law."

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