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Zimbabwe: Slim Chances for Credible Elections
AfricaFocus Bulletin
July 23, 2013 (130723)
(Reposted from sources cited below)
Editor's Note
"As things stand currently, the chances of having free, fair and
credible elections are slim, particularly given the shortcomings of
security sector reforms and reforms in other sectors." - Dewa
Mavhinga, Senior Researcher, Africa Division, Human Rights Watch
It would be foolish to predict either the results of the July 31
Zimbabwe elections or the extent to which the election and its
aftermath will be accompanied by violence, as in 2008. But the
conditions preceding the election make it clear that it can hardly
be "free and fair" although it may be judged "credible enough" for
reasons of expediency by some, possibly including the African Union
and the Southern African Development Community (SADC).
The sober truth is that, after years of shared government under the
Global Political Agreement, neither the dominant ZANU-PF nor the
divided opposition parties hold the confidence of the electorate or
civil society. SADC countries
and civil society in neighboring countries as well as Zimbabwe have
pressed for full implementation of that agreement before elections
are held, but with only limited success. Whatever the announced
outcome of the elections, there will be no easy road ahead.
This AfricaFocus Bulletin, sent out by e-mail and available on the
web at http://www.africafocus.org/docs13/zim1307a.php,
contains excerpts from testimony before the U.S. Congress by Dewa
Mavhinga of Human Rights Watch on the status of human rights and
security reform in Zimbabwe in the period preceding the election.
Another AfricaFocus Bulletin released today, not sent out by e-mail
but available on the web at http://www.africafocus.org/docs13/zim1307b.php) contains two
parallel civil society reports, from the Research and Advocacy Unit
and the Zimbabwe Election Support Network, with analyses of the
Zimbabwe Voters' Roll being used for the July 31 election. Also
included is a statement by the Crisis in Zimbabwe Coalition
following the first round of "special voting" by Zimbabwe security
forces.
Both of today's Bulletins focus on the current situation preceding
elections, documenting the absence of the minimum conditions for a
fair election. For an analysis that probes the background to this
situation, read the review by Tim Scarnecchia of the new book from
Solidarity Peace Trust, The Hard Road To Reform: The Politics Of
Zimbabwe's Global Political Agreement, edited by Brain Raftopolous.
http://www.africanarguments.org / direct URL:
http://tinyurl.com/l8p574a
The Solidarity Peace Trust book is available on Kindle at
http://www.africafocus.org/books/isbn.php?B00DD03DG2 The
introduction and much of the first chapter can be read as a preview
on Amazon.
Recent news of interest includes:
- "Zanu-PF 'diamond whistleblower' Chindori-Chininga dies in car
crash" Violet Gonda, SW Radio Africa, June 21, 2013
direct URL: http://tinyurl.com/kdyoxca
- "Zuma sacrifices top aide in yet another Zimbabwe capitulation,"
Simon Allison, Daily Maverick, July 22, 2013
direct URL: http://tinyurl.com/n37evr7
For additional current news see, among many other sources,
http://www.swradioafrica.com/ and http://allafrica.com The first
has news and commentary from a wide range of opposition sources,
while the second includes among its sources the ZANU-PF linked
Herald newspaper.
Added July 25, 2013
For even more sources see
http://www.google.co.zw/elections/ed/zw
Added July 28, 2013
For updates on the election, including maps and tables, visit
http://www.sokwanele.com
Added July 29, 2013
For commentary on the independent role of the trade unions in Zimbabwe, see
http://www.solidaritycenter.org/content.asp?contentid=1689
Added July 31, 2013
Follow twitter hashtag
#zimelections
For previous AfricaFocus Bulletins on Zimbabwe, visit
http://www.africafocus.org/country/zimbabwe.php
++++++++++++++++++++++end editor's note+++++++++++++++++
Statement before the Senate Foreign Relations Committee,
Subcommittee on African Affairs
Testimony of Dewa Mavhinga, Senior Researcher, Africa Division,
Human Rights Watch
June 18, 2013
[Excerpts only - for full statement see
http://www.hrw.org / Direct URL: http://tinyurl.com/nwbdvjv]
Introduction
Thank you Chairman Coons, Ranking Member Flake, and other members
of the committee for providing Human Rights Watch the opportunity
to testify at this hearing on Zimbabwe. I would like to request
that my statement in its entirety be submitted for the record.
My name is Dewa Mavhinga. I am a senior researcher with the Africa
Division of Human Rights Watch where I lead our work on Zimbabwe. I
frequently travel to Zimbabwe and last month met with leaders of
the main political parties, private media, and key civil society
groups to assess human rights conditions ahead of the coming
elections. I maintain daily contact with local activists, civil
society and church leaders, and business people from Zimbabwe who
keep me up to date regarding the situation there.
Mr. Chairman, my testimony will first lay out the human rights
situation in Zimbabwe and then highlight key recommendations to the
US government for action to promote a rights-respecting environment
leading to credible, transparent and peaceful elections and
political stability thereafter. Many people in Zimbabwe have
expectations that the elections will usher in a democratically
elected government with interest in addressing the country's
longstanding and serious human rights issues. But as things stand
currently, the chances of having free, fair and credible elections
are slim, particularly given the shortcomings of security sector
reforms and reforms in other sectors.
On June 13, President Robert Mugabe used a presidential decree to
set July 31, 2013, as the date for national 'harmonized' elections,
that is, parliamentary, presidential and local government
elections. These are critically important elections that should be
held under conditions in which Zimbabweans are able to freely vote
for leadership of their choice. As you may know, on June 15,
leaders of the Southern African Development Community (SADC) urged
Mugabe to approach Zimbabwe's Constitutional Court to seek a twoweek
delay to elections to allow for much-needed electoral reforms
before elections. The government of Zimbabwe has said it does not
have funds for elections.
Mr. Chairman, during my visit to Zimbabwe last month, people told
me of their great fear that the coming elections might just be
another cycle of political violence because little had changed on
the ground to build their confidence that they can vote freely.
They told me of their despair when they see the people responsible
for the 2008 violence, whom the unity government failed to hold
accountable, walking free. Instead of focusing on pulling
themselves out of poverty and on rebuilding lives shattered by the
2008 political violence, they were bracing themselves for further
violence and chaos.
I had opportunity to interview Zimbabwe's home affairs minister,
Theresa Makone of MDC, responsible for the voters roll, about the
ongoing process of updating the voters roll. Despite having voted
in 2008, when she checked on the voters roll she found her own name
was missing. After complaining about it in the cabinet, she later
checked again and found her name on the roll, but spelled
incorrectly. The voter registration and voters roll updating
process is marred with errors -- to what extent deliberate is
unclear.
A key benchmark for the US government here, as it reconsiders its
policy towards Zimbabwe should be the assessment of whether the
country has not only managed to have peaceful, transparent, free
and fair elections, but also that the government-elect has been
able to assume power. Simply basing the US policy on the March 16
constitutional referendum is insufficient all three main political
parties campaigned for the adoption of the new constitution -- and
it is only one successful stop along a long road of change.
Instead, positive engagements with Mugabe and his Zimbabwe African
National Union-Patriotic Front (ZANU-PF) party should be
conditioned on tangible progress in improving respect for human
rights and the rule of law in Zimbabwe. Mugabe's recent calls for
peace are not enough; there is need for matching action to
demonstrate a commitment to non-violence and to peaceful elections.
I. The Human Rights Landscape
The human rights landscape in Zimbabwe is characterized by a
mixture of modest reforms in the context of a number of necessary
reforms that remain outstanding if genuine change is to occur.
A. Unity Government" Reforms
In September 2008 President Robert Mugabe's ZANU-PF and the two
factions of the Movement for Democratic Change (MDC) party, led by
Morgan Tsvangirai and Arthur Mutambara, agreed to a Global
Political Agreement (GPA) to form a powersharing government, formed
officially in February 2009. The main purpose of the socalled unity
government was to establish institutional and legal reforms to
create a conducive environment for the holding of free and fair
elections.
The unity government, however, left Mugabe and ZANU-PF -- because
of their control of key government ministries including defense,
state security and justice -- with significantly greater power than
the MDC, which has been used to frustrate or stop crucial reforms.
Over four years since the GPA was signed, the unity government has
made some progress only in implementing those parts of the
agreement that do not address political violence or create
conditions for credible elections.
Establishment of a New Constitution
Perhaps the most significant reform is the establishment of the new
constitution, signed into law by President Mugabe on May 22, 2013
following a March 16 referendum and approval by the Zimbabwe
parliament. The new constitution, which replaces the 1979 Lancaster
House Constitution, may prove beneficial to the electoral process
as it prohibits any changes to the electoral law once elections
have been called. It has a more expansive bill of rights, and it
restores citizenship and voting rights to those born in Zimbabwe to
a parent or parents with citizenship of another SADC country but
resident in Zimbabwe.
While very important, the new constitution is only one of the
reforms required for an environment conducive for credible
elections. A number of laws, including the electoral laws, require
amendment to be brought in line with the provisions of the new
constitution. For the new constitution to benefit all Zimbabweans
government leaders and state institutions must respect the
constitution and fulfill its provisions. Failure to act in
accordance with constitutional provisions has been a major
challenge contributing to a poor human rights environment in the
country.
Establishment of National Commissions
The unity government established four new national commissions -
the Zimbabwe Electoral Commission (ZEC), the reconstituted Zimbabwe
Media Commission, the Anti-Corruption Commission, and the Zimbabwe
Human Rights Commission (ZHRC).
The Zimbabwe Electoral Commission's secretariat staff is dominated
by partisan state intelligence and military officials. Electoral
reforms are essential if the Zimbabwe Electoral Commission is to be
independent and professional. Further, the voters roll needs to be
updated and to be placed under ZEC's exclusive control.
The potential impact of the Zimbabwe Human Rights Commission on the
human rights environment, particularly curtailing impunity for
serious abuses, is undermined by the commission's limited mandate
and jurisdiction -- it is insufficiently retroactive as it can only
investigate and address human rights abuses committed since
February 13, 2009 when the unity government was formed. Notably, it
is not empowered to address the widespread electoral violence of
2008. Also problematic is that the ZHRC is not fully operational to
address human rights complaints or carry out its core mandate
because of lack of resources to recruit technical staff and procure
essential office equipment.
The Zimbabwe Media Commission has licensed new newspapers,
including the once banned Daily News, that are now operating in the
country, but the media remain under the shadow of repressive
legislation that severely restricts rights to freedom of expression
and association. This includes broad sections of the Criminal Law
(Codification and Reform) Act on criminal defamation or publicly
making statements that may cause feelings of hostility towards or
cause hatred, ridicule, or contempt of the president??whether in
person or in respect of the office of president.
The ZANU-PF minister for media, information, and publicity
unilaterally and controversially constituted the Broadcasting
Authority of Zimbabwe (BAZ), which has since issued two private
commercial radio licenses as part of the commitment to free up the
airwaves. The first commercial radio station, Star FM, is owned by
Zimpapers??a state-owned company that publishes all state-owned
newspapers, including the ZANU-PF-aligned Herald daily newspaper.
The only other private commercial radio license was awarded to AB
Communications to run ZiFM Radio.
There is concern that the two radio stations will be highly
partisan reflecting their close links to Mugabe and ZANU-PF. For
instance, Supa Mandiwanzira, the founder and chief executive
officer at ZiFM Radio, is the ZANU-PF treasurer for Manicaland
province.
Despite the provision in the roadmap to elections that new,
independent boards for the Mass Media Trust and the Zimbabwe
Broadcasting Corporation should be appointed to make state-owned
broadcasting and print media politically neutral, this has not
happened. There have been limited media reforms to ensure that the
highly partisan state-controlled print and electronic media become
genuinely public, to guarantee equal and fair coverage to all
political parties.
B. No Meaningful Security Sector, Legal & Institutional Reforms
The Zimbabwe unity government's failure to introduce and implement
far-reaching reforms in the security sector and in other sectors
has a huge bearing on the human rights situation in the country
especially around elections.
Highly Partisan and Politicized Security Forces
Crucial for the elections -- and the government that comes to power
-- will be the role of Zimbabwe's state security forces,
particularly the Defense Forces, the police, and the Central
Intelligence Organization (CIO). The security forces have a long
history of partisanship on behalf of President Mugabe and ZANU-PF.
Since independence in 1980, the army, police and CIO have operated
within a system that has allowed elements within their ranks to
arbitrarily arrest, torture and kill perceived opponents with
impunity.
Zimbabwe's security forces, notably the military, have for several
years interfered in the nation's political and electoral affairs in
ways that have adversely affected the ability of citizens to vote
freely. This was particularly evident during the 2008 elections, in
which the army played a major role in the widespread and systematic
abuses that led to the killing of at least to 200 people, the
beating and torture of 5,000 more, and the displacement of about
36,000 others. Since then the leadership of the military, police
and CIO, all appointed by Mugabe, remain unchanged, as have their
clear, public and vocal support for Mugabe and ZANU-PF.
The partisanship of the security forces' leadership has translated
into abuses by these forces against MDC members and supporters, and
civil society organizations. Beyond the open endorsement of ZANUPF,
the security forces have been deployed across the country where
they have intimidated, beaten and committed other abuses against
Zimbabweans perceived to be supporting the MDC or critical of the
ZANU-PF officials in government.
Although Zimbabwe's various laws, as well as the new constitution,
require neutrality and impartiality from the security forces, no
effort has been made to enforce them. No members of the security
forces are known to have been disciplined or prosecuted for acting
in a partisan manner in support of ZANU-PF or committing criminal
offenses against the MDC and its supporters. Concerns about the
role of the security forces extend not only to situation prior to
election day and the voting itself, but to the critical postelection
period.
There is an urgent need, ahead of the elections, to ensure that the
new constitutional provisions prohibiting members of the security
services from acting in a partisan manner and from being active
members or office-bearers of any political party or organization
are enforced to ensure strict political neutrality. Should the
security forces fail to adopt a professional, independent and nonpartisan
role during elections, other recent reforms may be
insufficient to deliver the elections needed to put Zimbabwe on a
democratic and rights-respecting track.
Restrictions on Rights to Freedom of Expression, Association, and
Assembly
The unity government has failed to make any changes to repressive
laws such as the Access to Information and Protection of Privacy
Act (AIPPA), the Public Order and Security Act (POSA), and the
Criminal Law (Codification and Reform) Act. These laws have been
used to severely curtail basic rights through vague defamation
clauses and draconian penalties. Provisions dealing with criminal
defamation and undermining the authority of or insulting the
president have been routinely used against journalists and
political activists.
Partisan policing and prosecution has worsened the impact of the
repressive provisions in POSA and AIPPA laws. Often the police have
deliberately misinterpreted provisions of POSA to ban lawful public
meetings and gatherings, including religious meetings that are
exempt from police permission where the requirement is only for
police to be notified. Failure to repeal or significantly revise
these laws and to develop mechanisms to address the partisan
conduct of the police
leaves little chance of a full enjoyment of the rights to freedom
of association and assembly in the run-up to and during the coming
elections.
The Criminal Procedure and Evidence Act in section 121 effectively
permits prosecutors to overturn judicial rulings granting bail and
extend detention time by seven days. It has frequently been used by
prosecutors targeting political and civil society activists who
work with local human rights organizations.
Police Crackdown on Civil Society
Since December 2012, the ZANU-PF-controlled police have carried out
a campaign of politically motivated abuses against civil society
activists and organizations, including the harassment and eight-day
detention of human rights lawyer Beatrice Mtetwa despite a High
Court order for her release. The judge who issued the court order
for her release was later charged with misconduct by the Supreme
Court's chief justice. At time of writing the judge's misconduct
case was pending consideration by President Mugabe.
On March 8, 2013, in Harare, police charged Jestina Mukoko,
director of the Zimbabwe Peace Project, with leading an
unregistered organization under the Private Voluntary Organization
(PVO) Act, and with smuggling radios and mobile phones into the
country in violation of the Broadcasting Services Act and the
Customs and Excise Act. The charges under the PVO Act violate the
right to freedom of association, while the other charges appear to
be a politically motivated attempt to curtail the group's human
rights work.
On February 13 and 14, police in Harare and Bulawayo forcibly
disrupted the annual Valentine's Day "love" protests by about 190
members of Women of Zimbabwe Arise (WOZA). The police arbitrarily
arrested, detained and in some cases beat with batons protesters,
including the WOZA national coordinator, Jenni Williams. The
protesters were released without charge following the intervention
of lawyers. On February 11, in what appears to have been
coordinated action, police raided the offices of the National
Association of NGOs (NANGO) and Community Tolerance Reconciliation
and Development (COTRAD) in Masvingo and the Zimbabwe Peace Project
(ZPP) offices in Harare.
On March 8, the ZANU-PF-controlled Zimbabwe Electoral Commission
announced that any civil society organization under police
investigation would be barred from monitoring the constitutional
referendum and elections. This directive directly affected the main
civil society organizations operating in the country, including
ZPP, Zimbabwe Human Rights Association (ZimRights), Zimbabwe
Election Support Network, and Crisis in Zimbabwe Coalition.
The recent police actions against civil society groups appear to
have had the approval of the highest level of the police. At the
Senior Police Officers' Conference in November 2012, attended by
country's top police officer, an official statement was approved
noting "with concern the negative influence and subversive
activities" of nongovernmental and civil society organizations in
the coming referendum and elections. A similar resolution was
approved at the December 2012 ZANU-PF annual conference, which was
attended by all security chiefs. ZANU-PF resolve to "instruct the
party to ensure that government enforces the de-registration of
errant [organizations] deviating from their mandate."
Soon after these statements were approved, the police began a
sustained and systematic campaign of harassment and intimidation of
civil society organizations. On December 13, police raided the
offices of ZimRights and arrested four people, including one of the
organization's staff. A month later, on January 14, police arrested
the ZimRights national director, Okay Machisa, ostensibly in his
capacity as director of the organization, on charges relating to a
voter registration campaign. Machisa spent over two weeks in
detention before being released on bail.
On January 18, the ZANU-PF minister for youth and indigenization,
Saviour Kasukuwere, formally approved regulations requiring all
youth organizations to be registered with the Zimbabwe Youth
Council or to be banned. Under these regulations, no youth
organization may receive funding without authorization from the
youth council and all members or affiliates of registered youth
organizations are required to pay exorbitant annual levies to the
youth council. These regulations may cripple the operations of
youth organizations throughout the country.
The systematic police campaign against civil society organizations
may be a deliberate attempt to disrupt the operations of civil
society organizations and stop them from monitoring the human
rights environment ahead of the elections.
...
AfricaFocus Bulletin is an independent electronic publication
providing reposted commentary and analysis on African issues, with
a particular focus on U.S. and international policies. AfricaFocus
Bulletin is edited by William Minter.
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