The ZIMBABWE Situation | Our
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On 17 August 2004, the Southern African Development Community (SADC) leaders meeting in Mauritius adopted the SADC Principles and Guidelines Governing Democratic Elections. Zimbabwe, as a member of SADC, also signed the Declaration and committed itself to implementing the standards. The Mugabe regime claims that it is compliant with these standards and thereby invites a comparison between its own electoral and security legislation and its actions on the one hand, and the SADC Principles and Guidelines on the other.
“Mauritius Watch” provides a regular, objective and non-partisan assessment of Zimbabwe’s compliance with these principles and guidelines. In the run-up to the 2005 Parliamentary Elections we note any significant failures to adhere to the SADC standards. This is the 20th edition of the special weekly feature, and it should be read therefore in conjunction with the earlier editions. The evidence is cumulative. We invite readers to consider the larger picture, from which a very clear pattern emerges – and on which we comment below, after recording some of the more significant events of the last week.
The Parliamentary Elections are due to take place on March 31, now a matter of days away.
Today, March 21, is Human Rights Day in South Africa and we mark the occasion by referring to an open letter to Robert Mugabe from no fewer than 17 Zimbabwean NGO groups, expressing their grave concern about the continuing abuse of human rights in Zimbabwe and calling for the implementation of the recommendations made by the African Commission on Human and Peoples’ Rights in the report of its 2002 Fact-Finding Mission to the country. (See extracts from the letter on page 8)
15.03.05 : SOLDIERS BEAT UP MDC SUPPORTERS, RALLIES
BARRED
Soldiers on March 13 beat up and wounded several Movement for
Democratic Change (MDC) party supporters in Manicaland province, while in Harare
the police cancelled four MDC meetings as state security agents ratcheted up
pressure against the opposition party ahead of the March 31 election.
Soldiers based at Tsanga Lodge rehabilitation camp for injured soldiers, about 120 km north of provincial capital Mutare, seized two men and a woman who were wearing MDC party regalia as they passed by the camp.
The three were taken into the camp and severely beaten before the soldiers left their camp for surrounding villages where they randomly beat up several more people accusing them of voting for the opposition in the 2000 parliamentary election.
MDC provincial spokesperson, Pishai Muchauraya, confirmed the ongoing campaign of harassment of party supporters and activists by the military in the Nyanga and Mutasa constituencies.
The MDC meetings banned by the police were all due to take place in and around Harare.
(For further details see the report in Zim Online: www.zimonline.co.za 15.03.05)
SADC standards breached
11.03.05 : ZANU-PF EMPLOYS PROSTITUTES TO DISRUPT MDC
MEETINGS
ZANU-PF officials in Nyanga in the eastern border highlands
have embarked on a “dirty” campaign in a desperate bid to lure voters. Having
realized their inability to raise enough youth militia to run their campaign
machinery, the ruling party has joined hands with a network of local prostitutes
to spearhead its election campaign.
MDC parliamentary candidate for Nyanga, Douglas Mwonzora, said prostitutes from the slum Gonakudzingwa area were being paid $ 50,000 per day to disrupt MDC meetings and rallies. Lately all their rallies have been disrupted by rowdy groups of prostitutes who invade them and start making a loud noise by singing and at the same time distributing ZANU-PF fliers.
(Reported on SW Radio Africa: www.swradioafrica.com 16.03.05)
- ZANU-PF is serenading voters with songs such as “Sheyera Mabhuzu Mana” (“Firing rocket-propelled grenades”) a celebration of the country’s 1970s independence war. This particular track is now in the top five popular songs on Zimbabwe’s state radio – controlled exclusively by ZANU-PF.
SADC standards breached
18.03.05 : POLICE
WATCH AS VILLAGERS FORCE-MARCHED TO MUGABE RALLIES
Police stood by
as violence flared up in Manicaland Province where ZANU-PF party leader Robert
Mugabe and opposition leader Morgan Tsvangirai were campaigning just ahead of
the parliamentary election.
ZANU-PF youths and youth militias beat up suspected supporters of Morgan Tsvangirai’s Movement for Democratic Change (MDC) party and force-marched entire villages to rallies addressed by Mugabe.
The beatings and force-marching of villagers to ZANU-PF rallies were personally witnessed by a Zim Online news team tracking Mugabe’s campaign. Police who were present did not intervene and when the news team tried to contact police spokesman Wayne Bvudzijena for comment, he was (again) unavailable.
(Read the report in full on Zim Online: www.zimonline.co.za 18.03.05)
Under the SADC standards to which Mugabe has committed his government, independent commissions must run elections, while electoral laws and processes must be fair and transparent.
The MDC has registered many other concerns about the conduct of the election with the SADC observer group.
(Reported in Zim Online: www.zimonline.co.za 18.03.05)
SADC standards breached
MDC spokesperson Paul Themba Nyathi accused the police of behaving like “ZANU-PF youth league” for attempting to bar any criticism of the ageing leader. He pointed out that it was impossible for Mugabe to escape criticism when he was leader of a political party contesting the election. Nyathi also drew attention to the inconsistency of this policy when all the while Mugabe himself was launching vitriolic attacks on the MDC leader, Morgan Tsvangirai.
Under Zimbabwe’s draconian Public Order and Security Act (POSA) it is an offence for Zimbabweans to make denigrating or derogatory comments against Mugabe or even to make gestures at his motorcade when it drives by. Several Zimbabweans have already been fined heavily and jailed under these provisions.
(Reported in Zim Online: www.zimonline.co.za 19.03.05)
MDC provincial spokesperson and parliamentary candidate for Mt Darwin constituency, Henry Chimbiri, reported that two party activists and himself had been the latest victims of political violence in the province. He accused a councilor in the Bindura Town Council, Ms Theresa Mtandadzi, Bindura Mayor, Martin Dinha and six other councilors of assaulting him during a nasty ordeal which resulted in his being arrested by the police. They were accused of being sell-outs who “needed to be beaten thoroughly.”
They were apparently locked in one of the rooms at the council offices. When the police were called they arrested the victims rather than the perpetrators of the assault, forcing them to pay admission of guilt fines of $ 50,000 under the Miscellaneous Offences Act for engaging in “conduct likely to cause a breach of the peace”.
Once again the police spokesperson Wayne Bvudzijena could not be reached for comment.
(Reported in Daily News Online: http://www.daily-news.co.za/ 14.03.05)
SADC standards breached
Opposition Movement for Democratic Change (MDC) Manicaland spokesperson, Pishai Muchauraya, said the politicization of food has been intensified with the ZANU-PF card being used as a licence to buy grain from the GMB.
“Vote buying through food has become the biggest problem in Manicaland with the worst-affected areas being the three Makoni constituencies and two others in Chipinge,” Muchauraya said.
“ZANU-PF youths have been deployed at all GMB depots to vet people coming to buy maize. A ZANU-PF card has been declared the first requirement to be considered for purchasing maize,” he added.
Badges are issued to those attending ZANU-PF rallies and the same badges are then used as tickets to buy maize. On March 8 at Betura village, ward 16 in Chipinge South, it is reported that 2,000 people were denied access to buy grain because they could not produce the necessary ZANU-PF badges.
In Mwenezi the ZANU-PF candidate who is also deputy education minister, Isaac Shumba, stopped the GMB from selling grain directly to the people and only permitted its sale through ZANU-PF structures so as to screen beneficiaries.
(Reported in Zimbabwe Independent: www.theindependent.co.zw 18.03.05)
SADC standards breached
In a legal action launched soon after its closure the paper’s owners were seeking a declaration that key sections of the country’s media laws were unconstitutional. That application was refused last week. The judgment means that the paper cannot resume publication because it does not have a license issued by the Media and Information Commission. While the Daily News can now re-apply for such a license there is no prospect of it obtaining one before the crucial parliamentary poll. Apart from the bombing of its press (in January 2001) by suspected state agents who have never been brought to trial, the paper suffered the repeated invasion of its premises and seizure of computers and other equipment by the police in illegal searches and raids.
(Reported by VOA – Voice of America - and published in ZWNEWS: www.zwnews.com 14.03.05)
· International press rights watchdog, Reporters San Frontiers, has called on the Mugabe regime to immediately grant The Daily News a license to operate.
(Reported in Zim Online: www.zimonline.co.za 16.03.05)
SADC standards breached
17.03.05 : SUPREME
COURT DISMISSES CONSTITUTIONAL CHALLENGE ON RIGHT TO VOTE
Zimbabwe’s
Supreme Court on March 17 dismissed an application by Zimbabwean citizens living
outside the country to be allowed to vote in the crucial March poll. The Mugabe
regime’s own analysts put the number of people concerned at 3,4 million, or
between 25 and 30 per cent of the entire population.
Chief Justice Godfrey Chidyausiku, a close ally of Mugabe and one–time cabinet minister, who has presided over the politicization of the country’s highest court, was sitting with two other judges on this case. He did not give the reasons why the application was denied, saying only that the court had “unanimously concluded that the application has no merit and is hereby dismissed.”
A group of seven Zimbabweans living outside the country and representing a group called the Diaspora Vote Action Group, had brought the action, claiming that the government had breached their constitutionally guaranteed right to vote by refusing to allow them to participate in the election.
A large number of foreign-based Zimbabweans are believed to be sympathetic to the opposition Movement for Democratic Change party.
(Reported in Zim Online: www.zimonline.co.za 17.03.05)
SADC standards breached
18.03.05 : VOTER
EDUCATION “EXTREMELY LOW”
The newly established Zimbabwe Electoral
Commission (ZEC) has done little to educate voters on their rights ahead of the
parliamentary election on March 31, according to a report by the National
Constitutional Assembly (NCA) released on March 17.
The NCA is a coalition of churches, human rights and pro-democracy groups, women’s organisations, opposition parties and student and labour groups. It has long been campaigning for a new and democratic constitution for the country.
The NCA report reads in part: “Voter education is extremely low, only 25 per cent of the constituencies sampled reported voter education taking place, and in those constituencies where voter education has taken place, this has usually been by the parties … it must be stressed that voter education is now under the control of ZEC, and reports to date suggest that it is seriously deficient in this aspect of its duties.”
Under the new electoral legislation rushed through parliament by ZANU-PF last year, NGOs which formerly assisted with voter education are now prohibited from doing so, and only the parties and the ZANU-PF dominated ZEC may undertake this task.
(Reported in Zim Online: www.zimonline.co.za 18.03.05)
SADC standards breached
18.03.05 : OPEN
LETTER TO ROBERT MUGABE
No fewer than 17 major Zimbabwean NGOs
co-signed an open letter to Robert Mugabe, urging him to implement the
recommendations of the African Commission on Human and Peoples’ Rights made in
the report of its 2002 Fact-Finding Mission to Zimbabwe.
The substantive recommendations contained in this report concern human rights abuses in Zimbabwe, and therefore have a direct bearing on the forthcoming parliamentary election. The findings and recommendations of the African Commission also touch on the issue of whether these elections can be considered “fair and free” in the present climate of political repression.
The report mentioned specifically the “cloud of fear” and the “chilling effect” on freedom of expression created by such legislation as the Public Order and Security Act (POSA) and the Access to Information and Protection of Privacy Act (AIPPA). It also referred to the politicization of the police force, and called for the closing down of the youth militia camps. Noting that “the government had failed to chart a path that signaled a commitment to the rule of law”, it recommended that the independence of the judiciary should be assured and judicial orders obeyed.
The signatories to the open letter note the failure of the Mugabe regime to address any of the very serious issues raised in the African Commission’s Report.
(The full text of the open letter can be seen in the Zimbabwe Independent: www.theindependent.co.zw 18.03.05)
· An open letter in similar terms was sent to President Thabo Mbeki. That letter was co-signed, not only by the 17 NGOs and human rights groups in Zimbabwe, but by 19 NGOs and civic groups based in South Africa.
(The full text of this letter can be seen in the Mail & Guardian: www.mg.co.za/ 18.03.05)
ZIMBABWE ELECTORAL
LEGISLATION : SADC CHECK LIST
SOKWANELE has produced a detailed
analysis of the Zimbabwean statutes that are in breach of the SADC Principles
and Guidelines Governing Democratic Elections and the policy breaches by the
ZANU-PF government.
Entitled "ZIMBABWE ELECTORAL LEGISLATION : SADC CHECK LIST", the document can be seen on our website at www.sokwanele.com
EDITORIAL COMMENT
We have now been measuring the
performance of the Mugabe regime against the SADC Principles and Guidelines for
20 weeks. Over this period a clear pattern has emerged of a steady movement by
the regime not towards, but rather away from, compliance with the regional
standards on democratic elections. Though the regime would claim otherwise,
certainly this is the reality on the ground. The cumulative effect of their
actions and omissions over very many months, considered in conjunction with the
flawed electoral laws and repressive security legislation now in place, renders
any hope of a fair and free election on March 31, totally
illusory.
· Next week, with just a few days remaining before the election, we will bring you a summary of the findings and views already expressed on the electoral process in Zimbabwe by different NGOs and groups concerned with issues of human rights and governance.
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