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Thursday 11 July 2013

Zimbabwe: Rights Group Calls For a Free, Fair, Transparent and Peaceful Election

The freedoms of expression and association, peaceful assembly, the right to access to information, freedom and personal safety, freedom to campaign, or the right to equal access public media, are all imperatives of holding a fair electoral process.

By Newsfromafrica

HARARE -On 4 July 2013, the Constitutional Court of Zimbabwe confirmed that the Zimbabwe general elections would be held on July 31, 2013, even though many uncertainties remain regarding the readiness of the country to organize such elections. The limited time at an appropriate educational process and voter registration, the absence of significant reforms in the areas of media, justice and security, ineffective control mechanisms recently established part challenges to ensure the holding of regular elections. These prerequisites are of the utmost importance, these elections are the first to be held since the political violence that erupted on the sidelines of the polls March to June 2008.

The freedoms of expression and association, peaceful assembly, the right to access to information, freedom and personal safety, freedom to campaign, or the right to equal access public media, are all imperatives of holding a fair electoral process. Independent journalists and human rights must be able to operate without fear of being arrested and imprisoned arbitrarily or being threatened and harassed. FIDH and Zimrights call the Zimbabwean authorities to take immediate steps to ensure that repressive laws - such as the Access to Information and training of Privacy Act (AIPPA) and the Public Order and Security Act (POSA) - which have been widely used to silence dissenting voices, be immediately repealed. In addition, our organizations call on the public media to respect the provisions of the new Constitution in demonstrating professionalism and impartiality and refrain from inciting violence or hatred.

International Federation of Human Rights (FIDH) and its member organization, ZimRights have since expressed their concerns about the political climate in the country and urged the Zimbabwean authorities to take all necessary measures to ensure the holding of free, fair electoral process, transparent and peaceful.

"Elections in Zimbabwe have often been characterized by an inadequate level of preparation, which has consistently led to fraud in the commission of serious violations of human rights, political divisions, and institutional crises. In view of the forthcoming elections, the ability of voters to exercise their civil and political rights without fear of intimidation or violence is not an option. We urge the Zimbabwean authorities to respect human rights unconditionally, "said Karim Lahidji, FIDH President.

"The upcoming elections will take place in a context where important political and institutional reforms under the Global Political Agreement in 2008, were not rely implemented. In the absence of such reforms, the Zimbabwean authorities, as well as political parties and candidates, should send a clear and public messages about their commitment to ensure free and fair elections. This is essential to the credibility of the whole process, "said Sheila Mwanga Nabachwa, Vice President of FIDH, Assistant Program Director of the Foundation for Human Rights Initiative (FHRI - Uganda).

Zimbabwe has a long history of electoral violence, which took an unprecedented turn in 2008 when hundreds of civilians have been victims of serious violations of human rights, including summary executions, forced disappearances, acts torture, rape, arbitrary arrest and detention, forced displacement, threats and other forms of intimidation. These violations are largely gone unpunished, Zimbabwe has failed in its obligation to bring those responsible to justice. In the current pre-election context, the legacy of political violence and impunity increased expectations for the effective ability of voters to exercise their rights in a peaceful environment.

"Politicians have a responsibility to ensure that our history of election violence and impunity is not repeated. Security forces and police, who have always suffered from a high degree of politicization, must fully comply with our new constitution for their impartiality, professionalism, neutrality and obligation to respect fundamental rights. As supporters of political parties, they must be fully aware that any act of violence could lead to criminal prosecution, "said Okay Machisa, Executive Director of Zimrights.

Zimrights has also called  for full independence, impartiality and effectiveness of the various institutional mechanisms to monitor the elections, including the Zimbabwe Electoral Commission (ZEC) and the Commission on Human Rights (ZHRC) . Pursuant to the new electoral law (Electoral Amendment Act, 2012), the two institutions hold an investigation into the actions of committed during electoral processes to violence. Critics occurred about their impartiality and their lack of financial resources, however, have cast serious doubts about their ability to comply with their mandate. It is of the utmost importance that these challenges are addressed without delay. Meanwhile, the institutions responsible for hearing and determining electoral disputes, including the Constitutional Court, must also comply with the provisions of the Constitution relating to impartiality and effectiveness.

"Elections are expected at high risk in Zimbabwe. Uncertainties about our safety, regularity of the process or the ability of monitoring mechanisms to comply with their terms, require a strong involvement of the international community. This is to prevent our country from descending into chaos, the consequences of which would de facto felt throughout the sub-region. Messages should be sent and arrangements must be made, "said Tsunga, Deputy Secretary General of FIDH member Zimrights.

FIDH and Zimrights call on the international community, especially the Community Development Community (SADC) and the African Union (AU) as the main guarantors of the Global Political Agreement (GPA), to urge publicly Zimbabwean authorities, political candidates and other stakeholders, to comply with their national and international obligations relating to the holding of free, fair and peaceful election. Unconditional respect of the rights enshrined in the African Charter on Human and Peoples' Rights, the AU Declaration on the Principles Governing Democratic Elections in Africa, the Principles and Guidelines Governing Democratic SADC election or the International Covenant on Civil and Political Rights must be guaranteed. SADC and the AU must also publicly remember that the fight against impunity is a way to prevent future violence and a prerequisite for peace, stability and sustainable good governance in Zimbabwe. The two institutions that have already deployed election observers in the country, must ensure that these observers are equipped and organized so that it can cover the situation in the whole country and thus activate preventive measures and reaction in cases of violence.

FIDH and Zimrights also called on the Zimbabwean authorities to ensure that independent observers to monitor the process, and that, without fear of being harassed or threatened.

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