Crisis in Zimbabwe: Flawed Elections and Further Human Rights Violations

March 15, 2002

Democracy and human rights have suffered a further damaging blow in Zimbabwe, where seriously flawed presidential elections were held on March 9 and 10. Following upon months of political violence, subversion of the rule of law, and the enactment of legislation designed to stifle governmental criticism and political debate, the conduct of the elections themselves has been widely criticized by local civil society groups, as well as international election observers and the U.S. government. We call on African governments and leaders to insist on compliance with regional and international human rights standards, including those protecting the right of all persons to participate in government through freely elected leaders.

Regional standards on democracy and human rights

The conduct of the Zimbabwean presidential elections violates regional standards on democracy and human rights. Regional organizations within Africa affirm that the strengthening of democracy and respect for human rights are crucial elements of conflict prevention and the promotion of sustainable development. Initiatives, standards and agreements have therefore been developed within Africa, to ensure that all governments are representative of the people, and are able to implement policies which strengthen democratic institutions and the rule of law.

NEPAD

The New Partnership for Africa's Development (NEPAD), endorsed by the Organization of African Unity summit of Heads of State, in July 2001, lays out the commitment of all African states to pursue development through common initiatives. NEPAD establishes joint responsibility among African leaders in a variety of areas, including the strengthening of mechanisms for conflict prevention and resolution, and the promotion of democracy and human rights.

As part of the Democracy and Political Governance Initiative, NEPAD sets out the commitment of African states to "respect the global standards of democracy, which core components include & open, free and democratic elections periodically organised to enable the populace [to] choose their leaders freely." The Heads of State Forum is tasked to serve as a mechanism to monitor and assess the progress made by African states in meeting their commitment to achieving good governance.

SADC

The Constitution of the Parliamentary Forum of the Southern African Development Community (SADC) also calls for the promotion of principles of human rights, democracy and good governance within the region. In 2001, it established specific Norms and Standards for Elections in the SADC Region , and has gathered considerable experience in monitoring elections and assessing compliance with those standards. With regard to the Zimbabwean elections, mention can be made of several of these norms and standards, which have not been met.

• Voter registration should be conducted on a continuous basis, not just immediately prior to elections, and an updated voters' register must be made available to all stakeholders in the elections. Provisions should be made to ensure that prospective voters are provided with a form of national identity card in good time for registration.
  
  
• Political violence, kidnapping, murder and threats should be outlawed, and the right to vote in secrecy ensured.
  
  
• The sanctity of freedom of association and expression should be protected and strictly adhered to.
  
  
• Opposition parties should be given equal opportunity and agreed upon time and space on the state owned media to put their announcements and broadcasts. The role of civil society in election monitoring and civic education should also be recognized.
  
  
• In each state there must be an independent and impartial Electoral Commission to oversee elections.
  
  
• Transparency of the electoral process must be ensured, along with the creation of a level playing field for all parties and candidates.
  
  
• Opaque wooden ballot boxes should be discarded in favor of transparent boxes.
  
  
• The counting of votes should be done at the polling station where the candidates or their agents are present. Such candidates or agents should be allowed to remain with the boxes from closure of the polling station to counting of the votes.
  
  
• Election observers should be accepted as a mechanism to ensure fair and free elections.

In advance of the March election in Zimbabwe, the SADC Parliamentary Forum deployed a 70-member observer mission, at the invitation of the government. On March 13, the observer mission concluded that the presidential election process "could not be said to adequately comply with the Norms and Standards for Elections in the SADC region." In particular, the group expressed concern about: the political and security climate; the lack of free flow of information; the incidences of violence both during and prior to the elections; the role of the police in the dispersal of voters in Harare; the late release of the voters' roll and the production of a supplementary roll; the interruption or cancellation of opposition meetings for campaigning purposes; the lack of timely information about the locations of polling stations and the reduction in the number of polling stations in urban areas; the lack of freedom of movement of opposition party agents and attacks on and intimidation of such agents; the lack of independence of the Electoral Supervisory Commission; and the lack of opposition party access to the public media.

Civil society groups within Zimbabwe, such as the Crisis in Zimbabwe Committee and the Zimbabwean Election Support Network, have also condemned the manner in which the elections were conducted. These groups have identified similar problems to the SADC observers, and have reported incidents of violence and intimidation, as well as arrests and detention of MDC officials and supporters. The Commonwealth observer group has also issued a statement criticizing the climate of fear and suspicion in which the election was conducted. The group commented on the absence of the rule of law in the period prior to the election, restrictions placed on civil society groups and the fact that thousands of Zimbabweans were prevented from voting. The chairman of the Commonwealth group, General Abdusalami Abubakar of Nigeria, stated that there had not been a free expression of will by the Zimbabwean electorate. Other outside groups that were present in Zimbabwe during the voting, such as Norwegian and Japanese observers, have similarly condemned the process.

Human Rights First is, however, concerned by statements of some governments and observer groups that have endorsed the legitimacy of the declared election results, despite overwhelming evidence of denial of the right of all of the Zimbabwean people to express their electoral preference.

Current situation

Reports indicate that the situation in Zimbabwe remains tense, with a high degree of frustration about the manner in which the election was conducted. Groups of war veterans and youth militias associated with the ruling Zanu-PF party continue to instill fear among the population, and there is great concern for the safety of MDC officials and supporters. Today reports have been received of militia groups attacking a number of commercial farms, considered to have been centers of support for the MDC. Human rights groups also report that a large number of people have been arrested and detained, including election agents and monitors.

In Harare, where thousands of voters were prevented from casting their ballots due to the small number of polling stations, the simultaneous conduct of mayoral and council elections, confusion as to where to vote, and excessive delays at polling stations, roadblocks have been established and the police and army deployed. In Bulawayo, a demonstration by MDC supporters was dispersed by the police. The police are granted broad powers by the recently adopted Public Order and Security Act to prevent or forcibly break up meetings or demonstrations.

Human Rights First continues to monitor the situation in Zimbabwe with great concern. In the post-election period, it seems likely that violations of freedom of expression, association and assembly will continue, along with acts of violence and intimidation. Such human rights abuses must be stopped immediately. At this critical juncture for the country, it is crucial that all African states work together to ensure Zimbabwe's compliance with regional and international human rights standards and re-establish respect for the rule of law.

African governments must live up to the standards they have established for themselves through such initiatives as the NEPAD Democracy and Political Governance Initiative and the SADC Norms and Standards for Elections in the SADC Region . Failure to do so will result in further violations of human rights and dangerous regional instability. We urge the United States and European Union to provide assistance and support to such regional initiatives and to civil society groups within Zimbabwe.