Selective and 'passive' {and potentially partisan} reporting by ZHRC makes difficult reading of their Election Report for 2023.
"Some political parties complained of selective application of the Maintenance of Peace and Order Act (MOPA) by the Police"
HARARE – A {tainted} report on the August 2023 elections by the Zimbabwe Human Rights Commission (ZHRC) {view it here} has highlighted the menace caused on the controversial poll by notorious Zanu PF affiliated group, Forever Associates Zimbabwe (FAZ) as well as alleged bias towards the ruling party by the police and Zimbabwe Electoral Commission (ZEC).
What is of even more of concern is the 'undemocratic' imposition of laws, and Judicial Judgments, by the regime {Zanu PF} in furtherance of their ambition for a one-party State, a pure Dictatorship!
Whilst Reporting on Irregularities
In its post-election report, ZHRC also highlighted complaints which were directed at traditional leaders for intimidating voters on behalf of Zanu PF.
- “In some communities, there were allegations that some people were being forced by their community leaders and FAZ members to attend certain political rallies,” said the commission.
- “These complaints were received from both rural and urban communities of the following areas: Bikita, Zaka, Chipinge, Buhera, Mangwe, Hopley, Chitungwiza, Mutoko, Hurungwe, Rushinga, Vungu, Umguza, Gokwe, Binga- amongst other communities.
- “Some political parties complained of selective application of the Maintenance of Peace and Order Act (MOPA) by the Police.
- “This selective application of MOPA resulted in these parties resorting to night and door to door campaigns but still people feared associating with them.
- "The environment preceding the 2023 Harmonised elections was generally peaceful and calm. Despite the foregoing, ZHRC continued to receive cases of violation of civil and political rights, including, intimidation, coercion and threats among others. Such incidents allegedly instilled fear in some of the electorate thereby infringing on the political rights guaranteed in the Constitution."
- “CCC complained that in Bindura, they were denied clearance to conduct campaign rallies, although the party insisted that their notifications conformed to the MOPA guidelines.
- “Stakeholders reported cases of intimidation, violence, and forced gatherings by some parties, often facilitated by FAZ and ZHT in areas like Chipinge, Harare South, Bikita West, and Chiredzi West.
- “Similar sentiments were echoed by some business communities who alleged that in some occasions, they were forced to close their businesses or donate goods and services at political gatherings, a violation of Section 58 of the Constitution of Zimbabwe.”
The August 23-24 plebiscite was discredited by the SADC, EU and AU election observer missions, which stated in their reports poll that saw incumbent President Emmerson Mnangagwa keep his job fell short of meeting regional and international election guidelines governing the holding of credible polls.
ZHRC Failed to mention these into their "Very Brief Conclusions"
The commission noted cyber-based advocacy group, Team Pachedu “had significant influence in the electoral processes.” - But the ZHRC failed to mention that these were POSITIVE influences!
Despite acknowledging massive irregularities, the government funded commission concluded the poll, described as a national disgrace by the opposition, met the country’s constitutional provisions. - This in itself is patently untrue and a statement made with partisan "influence" by their sponsors. The Constitution WAS NOT upheld!
In addition, partisan claims of violence by CCC Opposition was included without question as to Authenticity.
ZHRC Full Conclusion at their Item No.6 is quoted IN FULL here: Make of this what you will!!
""The 2023 Harmonised elections were conducted in line with the law starting with the Proclamation, Nomination Court, Polling and Announcement of results. ZHRC commends ZEC for conducting voter education exercise across the country which made the electorate appreciate the voting process. The ZHRC notes that despite the logistical challenges that included delay in the delivery of ballot papers, voters roll and other election material, voting went on for a prescribed 12 hour period allowing people to exercise their right to vote.""
That's all there is! Hard to imagine that this is all - Question from ZHRO: "What were they {ZHRC} told to remove from these conclusions and by whom?"
ZHRC Recommendations
As per their report in FULL: Again "passive" recommendations and ignoring the blatant evidence that 99% of all the problems with this election stemmed from Zanu PF diktats, ZEC weakness and servitude to Zanu PF and the programme of deliberate INTIMIDATION and BLATANT VOTER rigging, manipulation, mis-reporting/announcements, fraudulent and unsubstantiated reporting - AND FAILURE TO REPORT ON THE VOTE ITSELF! - still to this day 28th November 2023
7. RECOMMENDATIONS
7.1. Zimbabwe Electoral Commission
i. To strengthen the administration and logistical aspects of election management. This includes supplying enough ballots and other materials on time and providing adequate lighting as well as selecting accessible venues and stations
ii. To release timeously the voters roll in a readable and analysable manner.
iii. To pro-actively communicate any developments affecting the election processes so as to allay the concerns of the electorate, political parties and other stakeholders.
iv. To improve colour distinction of ballot papers and signage of polling stations.
v. To adequately educate voters on the changes brought about by the delimitation process.
vi. To effectively attend to the welfare of the Polling Officers.
7.2. Zimbabwe Republic Police
i. To enforce the Electoral Code of Conduct for Political Parties, Candidates and other Stakeholders to deal with electoral malpractices.
ii. To enforce the electoral laws in terms of the Constitution and desist from selective application of the law.
iii. To decentralise and speed up the investigations of all cases of politically motivated violence.
7.3. Political parties
i. To refrain from intimidating the electorate throughout the electoral process.
ii. To ensure that aspiring candidates file their nomination papers on time, and avoid submission of documents on the last day thereby putting pressure on the elections management body.
iii. To exercise political maturity and tolerance at all time.
iv. To adhere to the Electoral Code of Conduct for Political Parties, Candidates and other Stakeholders.
v. To respect and uphold the fundamental human rights and freedoms of the electorate.
7.4. Traditional Leaders
i. To act in accordance with the Constitution and the Laws of the country.
ii. To desist from being active members of any political party or in any way participate in partisan politics.
iii. To stop furthering the interests of any political party or cause.
iv. To refrain from violating fundamental rights and freedoms of the electorate.
v. To treat all persons fairly and equally.
7.5. Political Parties’ Affiliates Groups
i. To stop infringing on people is civil and political rights.
ii. To be guided by provisions of the law and Constitution in their conduct and activities.
ZHRC Preamble to the Elections and the Laws, Constitution and other Guidelines that SHOULD have been implimented and actioned!
2. LEGAL FRAMEWORK
Below is a list of the legislative frameworks that guided the monitoring of the human rights situation and observation of the electoral processes by the ZHRC.
2.1. Constitution of Zimbabwe, 2013
The Constitution is the supreme law6 of the country, which includes provisions on political rights of every citizen, that is, the right to free, fair and regular elections7. Furthermore, it provides the roles, responsibilities and principles that institutions administering elections should adhere to8.
2.2. Electoral Act [Chapter 2:13]
The Electoral Act governs electoral processes in Zimbabwe. It sets out rules and procedures which guide elections and the functions of the Zimbabwe Electoral Commission (ZEC). Section 14(d) of the Electoral Code of Conduct for Political Parties and Candidates, mandates the ZHRC and other Constitutional Commissions to assist in the reporting, documentation and referral of human rights violations in the electoral process.
2.3. SADC Principles and Guidelines Governing Democratic Elections, 2014 (revised in 2021)
The Southern Africa Development Community (SADC) Principles and Guidelines provide that member States have an obligation to ensure the transparency and integrity of the entire electoral process. The Principles urge States to ensure that everyone enjoys fundamental human rights and freedoms during the electoral process. Furthermore, States should adhere to promoting and respecting the values of electoral justice which include integrity, impartiality, fairness; professionalism, efficiency and regularity of elections.
2.4. The Constitutive Act of the African Union (AU) (2002) (The Constitutive Act).
Under the Constitutive Act of the AU, the African States have committed to promoting democratic principles and institutions, popular participation and good governance. This also includes promoting and protecting human rights in accordance with the African Charter on Human and Peoples’ Rights, and other relevant human rights instruments.
2.5. The African Charter on Human and Peoples’ Rights (ACHPR), 1987 and The African Charter on Democracy, Elections and Good Governance (ACDEG) 2007
The ACHPR provides for the right to participate freely in government, either directly or through freely chosen representatives. The ACDEG promotes adherence, by each State party, to the universal values and principles of democracy and respect for human rights; promotes the holding of regular, free and fair elections to institutionalize legitimate authority of representative government as well as democratic change of government; promotes the establishment of the necessary conditions to foster citizen participation, transparency, access to information, freedom of the press, and accountability in the management of public affairs and promotes best practices in the management of elections for purposes of political stability and good governance.
2.6. African Union Declaration on Principles Governing Democratic Elections in Africa (2002)
The African Union Declaration on Principles Governing Democratic Elections in Africa (2002), provides that elections should be conducted freely and fairly, under democratic constitutions and in compliance with supportive legal instruments. Elections should be held at regular intervals as provided for in national Constitutions, by impartial, all-inclusive, competent and accountable electoral institutions staffed by well trained personnel and equipped with adequate resources.
2.7. Universal Declaration of Human Rights (UDHR) (1948)
Article 21(1) of the UDHR recognizes that “everyone has the right to take part in the government of his country, directly or through freely chosen representatives”. Article 21(3) further provides that: “The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures”.
2.8. International Covenant on Civil and Political Rights (ICCPR) 1966
The ICCPR recognizes the right of every citizen to take part in the conduct of public affairs, directly or through freely chosen representatives; and to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot. Ideally, this means that although the right to vote is not an absolute right and may be subjected to limitations, such limitations must be reasonable and should not result in any form of discrimination. The Covenant further underpins that civil and political rights are fundamental human rights applicable to every individual, including PWDs and other often marginalised groups.
2.9. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979
CEDAW seeks to promote gender equality and non-discrimination in all spheres including in political representation and participation. The Convention avails women the opportunity to participate in political processes of their respective countries through voting and being voted for and further calls for the equal treatment of both men and women in such processes. Thus, gender cannot be a ground for discrimination in participation in political activities of a country. The right to non-discrimination and full inclusion in society encompasses the fundamental right for women to participate in political processes on the basis of equality with men.
2.10. Convention on the Rights of Persons with Disabilities (CRPD), 2006
The CRPD explicitly extends political rights to PWDs; setting out that State Parties must guarantee PWDs the right to “effectively and fully participate” in political life on an “equal basis with others” and guarantee the “free expression” of their will as electors
References;
6 Section 2(1).
7 Section 67 of the Constitution.
8 Chapter 7 of the Constitution.