PRINCIPLES & GUIDELINES

PROGRESS TOWARDS

COMPLIANCE

INCIDENTS/DEVELOPMENTS

(During the time-period stated above)

GRADING: 1 = No Compliance  2 = Very Minimal Progress  3 = Minimal Progress  4 = Good Progress  5 = Full Compliance

Full Participation of citizens in the political process

1

9 December: The NGO Bill, which seeks to ban foreign funding to civic organisations and ban civics from operating in the areas of governance and human rights, is passed by the Zanu PF controlled Parliament.

 9 December: The ZEC Bill is passed by parliament. The Bill bans civic society organisations from engaging in voter education. The Bill also contains provisions requiring the names of printers to be printed on all election material produced by political parties. In the context of Zimbabwe’s political environment this will make it high risk for any printer to print MDC material.

An amendment tabled by the MDC, which was aimed at ensuring the Bill contained a provision guaranteeing citizens’ basic right to influence government policy through civic society, was rejected by the Zanu PF majority. 

9 December: Parliament passes the Criminal Law (codification and reform) Bill.  This bill effectively silences all opposition or criticism of the government. The Bill will mean that voicing criticism, even in private, of anything the government says or does can result in a jail sentence of 20 years or a fine of Zim$5 million.

Freedom of Association

1

 3 December: Police ban an MDC rally that was due to be held at Mapate Business Centre in the Gwanda North. The police claimed lack of manpower.

5 December: Police ban a rally that was due to be held at Khozi Business Centre.

15 December: Police in Harare and Chitungwiza ban consultation meetings planned by the MDC structures.  MDC President Morgan Tsvangirai was scheduled to address both meetings.

17 December: Police ban a consultation meeting planned by MDC structures in Masvingo. MDC President Morgan Tsvangirai was scheduled to address the meeting.

Political Tolerance

1

30 November: 4 MDC supporters were seriously injured after an attack by a group of Zanu PF youth militia. The four who were attacked have been identified as Abel Mukamba, Tendai Jakachira, Spencer Gwizo and Walter Marange.

13 December: MDC MP for Glen View, Paul Mudzore, was arrested by police along with 13 MDC activists, on spurious grounds. Members of the police and army were deployed in the constituency and proceeded to beat up suspected MDC activists.

Equal opportunity for all political parties to access the state media

1

Neither of the ZEC Bill or the Electoral Bill contain provisions that ensure opposition parties have equal access to the state media. The state media remains harnessed to the political agenda of the ruling party.

30 November: The MDC submitted an audio advert to the state controlled ZBC. The advert was instantly rejected on the grounds that it was critical of government policy.

Constitutional and legal guarantees of freedom and rights of citizens

1

There has been no move to repeal those aspects of the Public Order and Security Act and the Access to Information and Protection of Privacy Act that place severe limitations on citizens’ basic civil and political rights.

Conducive environment for free, fair and peaceful elections

1

9 December: In his annual state of the nation address to parliament, Mugabe announced that outside observers will only be allowed into the country on the basis of invitation.

Non-discrimination in the voters’ registration

1

The Registrar General’s office embarked on a mobile registration exercise in May 2004 but the exercise was discriminatory because in urban areas the RG’s office was only issuing birth certificates and identity documents. In the rural areas, a massive door-to-door voters’ registration exercise was conducted.

In a letter to the Chairman of the Delimitation Committee, MDC Secretary General Welshman Ncube wrote, “In our view, the voters’ roll information submitted to your commission (by the RG’s office) is incomplete and disenfranchises thousands of persons who should be entitled to vote”.

Existence of an up-dated and accessible voters’ roll

2

Opposition parties continue to be denied access to electronic copies of the voters’ roll. Studies that have been carried out on parts of the hard copy version have revealed serious anomalies, indicating a deeply flawed and inaccurate voters’ roll. 

Comparison with the lists used for the presidential polls in March 2002 show dramatic decline in registered voters in traditional MDC heartlands. For instance in Harare 878,715 voters were registered in 2002. Since then 46,780 names have disappeared. This reduction is open to serious doubt given that the last official census showed that Harare’s population had increased by 30%, a trend consistent with most African cities as people migrate from the countryside in search of jobs. Interestingly, the roll reveals that in Mashonaland Central, a traditional Zanu PF stronghold, the number of registered voters has increased. It had 418, 277 registered voters in 2000 and now has 605, 390.

Establish impartial, all-inclusive, competent and accountable national electoral bodies

1

9 December: The Zimbabwe Electoral Commission Bill is passed by parliament. The reforms to the electoral process that are contained in the Bill do not even meet the basic criteria for free and fair elections. For instance, Mugabe will appoint the chair of the proposed commission whilst the other four members will be chosen from a list provided by a Parliamentary committee dominated by Zanu PF.

The Bill also contains a clause requiring state employees, including members of the defence forces, the police force and the prison force to be seconded to the Electoral Commission during elections.

Ensure that adequate security is provided to all parties participating in elections

1

The police and other state security agents continue to discharge their respective mandates in a partisan manner and deny MDC members their right to protection under the rule of the law.

Independence of the judiciary

2

Safeguard the human and civil liberties of all citizens, including the freedom of movement, assembly, association, expression and campaigning

2

 1 December: 15 year-old Coneck Ruzvidzo, brother of Traner Ruzvidzo, the MDC candidate  for Kadoma West, was abducted by four Zanu PF supporters on the orders of a Zanu PF official. He was severely assaulted before being dumped in the bush.

6 December: Zanu PF officials in Kadoma West dropped two letters at the home of the Ruzvidzo family threatening to kill their son (Coneck) if his brother did not step down as an MDC parliamentary candidate.

Counting of votes at polling stations

4

The Electoral Bill, which passed its 2^nd reading on 9 December, contains a provision expressing the need for votes to be counted at polling stations; however, the Bill fails to make it clear whether or not this process will be mandatory.

Voter Education

1

The clauses in the ZEC Bill that ban civic society from engaging in voter education and ban foreign funding for civic education are unconstitutional.

Polling stations should be in neutral places

1

No law has been passed to ensure polling stations are in neutral places.

Regular intervals as provided for by the respective National Constitutions

5

The constitution provides for parliamentary and presidential elections every 5 years and 6 years respectively.

Take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process in order to maintain peace and security

1

The state continues to use food as a political weapon against its opponents, as illustrated in a recent report published by Amnesty International. In its report, AI points to the fact that Zimbabweans without ruling party membership cards have been denied access to grain distributed by the government-controlled Grain Marketing Board.

      “The monopoly of the state-owned GMB on trade in and distribution of maize has been used by the government to control food supplies and manipulate food for political purposes”, says the report.