ZLHR Statement on the Need for Substantive Electoral Reforms and Human Rights...

ZLHR Statement on the Need for Substantive Electoral Reforms and Human Rights Protection Ahead of 2023 Harmonised Elections

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ZIMBABWE Lawyers for Human Rights (ZLHR) has taken note of the gazetting of the Electoral Amendment Bill by government and is concerned that the proposed amendments fall short of required substantive reforms that guarantee free, fair and credible elections as recommended by local and international observers after the 2018 harmonised elections.

ZLHR has noted a number of critical issues yet to be addressed ahead of 2023 elections. These include that access to inclusive national identification documentation and voter registration processes remains very limited. Citizens have been denied access to an accurate auditable electronic voters’ roll. State resources, institutions and traditional leadership structures continue to be used in a partisan manner.

ZLHR is also particularly concerned that the rights to campaign, to freedom of peaceful assembly and to freedom of association have been heavily restricted by political violence, arbitrary use of force, and partisan application of restrictive criminal legislation – notably the Maintenance of Peace and Order (MOPO) Act. Without urgent reforms, these violations of citizens’ rights to freely participate in electoral processes will not allow for free, fair and credible elections in 2023.

In 2022, Zimbabwe ratified the African Charter on Democracy, Elections and Governance which provides clear standards for democracy; respect for human rights; and the holding of regular, free and fair elections, to ensure legitimate authority of government and democratic changes of governments in African states. Zimbabwe is also a state party to numerous regional and international treaties that provide human rights standards protecting electoral rights, and critically the right of participation of citizens in the governance of their countries. Participation ensures expression of the will of the people, which is the foundation for democratic governance.

In terms of their political rights, every adult citizen must be afforded the opportunity to elect, and to be elected to, the bodies of state power; and be granted equality in the campaigning and voting process. The expression of a voter’s will must be free from any form of interference or control. Electoral processes must be regulated by an independent and impartial electoral monitoring body that ensures access to information, notably a publicly accessible voters’ roll. Citizens must have equal access to effective and timeous remedies, including an independent judiciary, for impartial resolution of electoral disputes.

The right to participate can only be fully enjoyed if there is general protection of other fundamental rights, such as rights to peaceful assembly, association, expression, personal security, information and movement. In terms of these rights, every person must have the ability: to articulate their political choices without fear of reprisal; to form and join political parties; to hold and participate in political events and rallies; to seek, receive, and offer information to make informed choices; and to exercise political choice without intimidation or fear of retribution. The African Charter on Democracy, Elections and Governance also requires the state: to promote political pluralism, recognising the rights of legally constituted opposition political parties; to create open civic space with conducive conditions for civil society organisations to exist and operate; and to promote freedom and independence of the media with fair and equitable access to state controlled media during elections.

Contrary to these pre-electoral rights standards, ZLHR has noted that citizens’ rights to freely and genuinely participate in electoral processes are being violated, including through violations of: the right to access information on electoral processes, the right to vote without interference, equality of opportunity for voting candidates, the right to personal security, the right to campaign, the right to peaceful assembly, freedom of association, freedom of expression; and through restriction of civic space.

To address these concerns, ZLHR urges government to implement the following urgent reforms ahead of the 2023 general elections:

  • Ensure a pre-electoral operating environment that protects political pluralism and open civic space, including through the withdrawal of new draconian legislation such as the Private Voluntary Organisations (Amendment) Bill.
  • Protect citizens’ fundamental rights, including political rights, and interrelated rights to freedom of assembly, freedom of association, freedom of expression, freedom and independence of the media, freedom of movement, and access to information.
  • Allow citizens to freely choose the political party and candidate of their choice, and allow candidates to stand and campaign for office, without fear of reprisals.
  • Remove hefty fees and other bureaucratic hurdles for participating in elections.
  • Prosecute authorities that abuse state resources for political purposes.
  • Domesticate the African Charter on Democracy, Elections and Governance.
  • Amend the Electoral Act, notably to remove restrictions on provision of voter education, and to expand access to effective remedies for electoral disputes.
  • Repeal the MOPO Act to decriminalise spontaneous public gatherings, removing the requirement to notify (and any implication of requiring authorisation from) the police.
  • Cease persecution of political activists, civil society organisations and human rights defenders.
  • Make available the voters’ roll and publish it in an auditable accessible format available for free by all members of the public.
  • Prosecute all perpetrators of political violence.
  • Implement measures to address discrimination and violence against women.
  • Implement measures to ensure accessibility of registration and voting for persons with disabilities and other marginalised groups.

ENDS

Zimbabwe Lawyers for Human Rights
Kodzero/Amalungelo House
No. 103 Sam Nujoma Street, Harare, Zimbabwe
Phone: (+263 8677005347, +263 242 764085/705370/708118
Email: info@zlhr.org.zw
www.zlhr.org.zw
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