As the World celebrates International Human Rights Day today, the Zimbabwe Election Support Network (ZESN) implores all stakeholders to uphold fundamental human rights as they are integral to all human beings regardless of their nationality or gender. This is provided for in Article 1 of the Universal Declaration of Human Rights (UDHR) – “All human beings are born free and equal in dignity and rights.” International Day of Human Rights commemorates the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly on December 10, 1948. ‘Human rights’ refer to basic rights or freedoms that include people’s right to live, health, and education, freedom of speech and thoughts as well as equal rights.
ZESN COMMEMORATES INTERNATIONAL HUMAN RIGHTS DAY
ZESN PRESS STATEMENT ON IDs and MOBILE VOTER REGISTRATION
The Zimbabwe Electoral Commission (ZEC) has postponed the Mobile Voter Registration which was scheduled to commence on 6 December 2021 to February 2022, after realising that the Registrar General’s Office is currently not in a position to issue out national identity cards (IDs), citing lack of resources. ZEC has said that it cannot conduct its massive voter registration blitz, unless and until eligible voters have acquired national identity cards (IDs), which are a prerequisite for voter registration. Zimbabwe Election Support Network (ZESN) implores government to resource the Civil Registry in order to empower it to conduct an inclusive exercise of issuing national identity cards to eligible citizens.
Voting is a democratic right which only those who are registered to vote can enjoy. A national ID or valid passport is a requirement for one to be able to register to vote. Young people, citizens who lost IDs and those who have become eligible have been finding it difficult to get the IDs, threatening their disenfranchisement in electoral processes. Given that young people constitute the biggest demographic group in Zimbabwe, their participation in elections is critical as democracy is essentially about the participation of the majority.
ZESN CONCERNED ABOUT THE CONTINUED SUSPENSION OF BY-ELECTIONS
The Zimbabwe Election Support Network (ZESN) is concerned about the continued suspension of by-elections in light of the observations made regarding religious, political and social gatherings around the country. The Network observed that, recently, there has been a hive of activity with multitudes of congregates at religious or church gatherings and camps in Zimbabwe where concern about protecting peoples’ health does not seem to have been given equal weight as in the suspension of by-elections.
The opening up of businesses, schools, restaurants, and bars; the recent elections in Zambia and the ongoing local government elections in neighboring South Africa in the context of Covid-19, are a clear indication that by-elections can be held under strict Covid-19 protocols.
ZESN CONCERNED WITH THE SLOW PACE OF IMPLEMENTATION OF ELECTORAL REFORMS
The Zimbabwe Election Support Network (ZESN) has been tracking progress by the government in the implementation of electoral reforms premised on recommendations proffered by local, regional and international Election Observer Missions (EOMs) to the 2018 harmonized elections. Notably, parliament passed and the President assented to the Constitutional Amendment Number 2, which extended the women’s quota in the National Assembly for another ten (10) years, introduced a 30 percent women’s quota in local government, and provided for a quota for ten (10) youths in the National Assembly on a party-list basis and five (5) female youths within the current women’s quota.
While Constitutional Amendment Number 2 extended the women’s quota for another 10 years, introduced a 30 percent women’s quota in local government, ZESN is of the view that, notably this amounts to a change, however it is unlikely that gender parity will be attained in the 2023 elections based on this electoral framework. Concerning youth participation, the Amendment now provides for a youth quota system. While the constitutional change guarantees some youthful representatives in the National Assembly, it appears that the number of representatives provided for in the Amendment was not informed by a scientific approach or meaningful consultations with the affected youth. The quota is at odds with population demographics and official voter registration and participation statistics. Further, whereas the Amendment mentioned People with Disabilities (PwDs), it was short on details for implementation. The Zimbabwe Gender Commission adopted a Gender and Inclusion Policy, while it is a positive development, it cannot be enforced as law.
Electoral Reforms Tracking Report Web
ZESN has been tracking the progress of the implementation of recommendations which were proffered by Election Observer Missions (EOMs) to the 2018 harmonized elections. ZESN noted that the government has made a few strides regards the implementation of electoral reforms premised on recommendations proffered on legal developments; women’s participation; youth participation; and media from the period after the 2018 harmonized elections up to July 2021. Some of the reforms include the passing of Constitutional Amendment Number 2, constitutional provisions relating to elections.
ZESN IMPLORES ALL STAKEHOLDERS TO FOSTER PEACE TO ENSURE DEVELOPMENT
As we celebrate the International Day of Peace, running under this year’s theme, “Recovering better for an equitable and sustainable world,’ the Zimbabwe Election Support Network (ZESN) implores all stakeholders to engage and work together in fostering peace building initiatives to ensure sustainable peace and development in the country.
The International Day of Peace or Peace Day is observed around the World annually on 21 September. Established in 1981 by unanimous United Nations resolution, Peace Day provides a globally shared date for all humanity to commit to Peace above all differences and to contribute to building a Culture of Peace.
As Zimbabwe joins the rest of the world in commemorating this special day, ZESN strongly believes that Peace can be sustained through a multi-stakeholder approach and appreciation of the unique roles each stakeholder plays.
The Network calls for the strengthening of the National Peace and Reconciliation Commission (NPRC) and the Zimbabwe Human Rights Commission (ZHRC), Faith Based Organizations (FBOs), Civic Society Organizations (CSOs), Community Based Organizations (CBOs), Education Institutions, political parties and the media as they are critical stakeholders to fostering a culture of peace and tolerance in the society.
ZESN STATEMENT ON INTERNATIONAL DAY OF DEMOCRACY
The Zimbabwe Election Support Network (ZESN) joins Zimbabwe and the World at large in commemorating the International Day of Democracy on this 15th day of September 2021 running under the theme, “Strengthening democratic resilience in the face of future crises.” Democracy Day is celebrated annually to review the state of democracy in the world and uphold and promote democracy and its principles.
The United Nations defines democracy as a state where the people have rights, especially to vote for and elect their government and regulation from among themselves, rather than being controlled by a government over whom they have no right of dissent, election or protest. Lack of democracy can lead to lack of rights or a voice, and this impacts on human rights as set out by the UN.
This day comes amid the battle with the COVID-19 pandemic which has led to fatalities, surge in infections and the closure of so many multi-sectoral spaces. Democracy has also suffered a huge blow especially in Zimbabwe; with the indefinite suspension of by-elections and other electoral activities. This has led to the quarantining of democracy and prevention of equal participation of citizens in democratic electoral and governance processes.
ZESN STATEMENT ON CENSUS DATES AND DELIMITATION
The Zimbabwe Election Support Network (ZESN) expresses concern over the new dates that have been set by the government for the conducting of the population census and delimitation exercise. The new dates were announced in the latest post Cabinet press briefing, in which the government indicated that the country remains on course to conduct the Census within the prescribed time frame for the 2023 Elections. The actual population census commencing in April 2022, and the results expected in August 2022, paving way for the Constituencies Delimitation in October 2022 (31 December 2022 being the last day allowed for delimitation).
ELECTORAL BILL, 2020
ARRANGEMENT OF SECTIONS PART I PRELIMINARY
Section
1 Short title and date of commencement.
2 Application.
3 General principles of democratic elections.
4 Interpretation.
PART II ZIMBABWE ELECTORAL COMMISSION
5 Corporate status and ancillary power of Commission.
6 Immunity of Commission, Commissioners etc.
7 Additional functions and powers of Commission.
8 Delegation of functions.
Media and Elections
Assessment:
A number of media laws were gazetted after the 2018 elections. These include:
(a) Zimbabwe Media Commission Bill,
(b) Freedom of Information Bill, and
(c) Protection of Personal Information Bill.
There are various media laws that are under consideration. While the government has since gazetted the Freedom of Information Bill and the Zimbabwe Media Commission Bill, it is regrettable that the two Bills were generally viewed as a far cry from meeting the country’s constitutional yardsticks as envisaged under Sections 61 and 62 of the Constitution which guarantees freedom of expression, media freedom and access to information[1].
MISA Zimbabwe is of the view that the Broadcasting Service Act (BSA) “requires extensive amendment” and in addition the government needs “to institute and implement a practical ZBC turnaround strategy that will see the public broadcaster (Zimbabwe Broadcasting Corporation) produce and broadcast modern, quality and relevant public interest programming”[2] .
The current licensing regime is viewed as prohibitive and service as a barrier to local commercial and private players with interest to take part in Zimbabwe’s media and broadcasting sector. The licensing fees need to be reviewed in line with section 61 (3) of the Constitution which stipulates that Broadcasting and other electronic media of communication have freedom of establishment subject only to State licensing procedures that; (a) are necessary to regulate the airwaves and other forms of signal distribution; and (b) are independent of control by government or by political or commercial interests.
Statutory Instrument 33 or 2008[3] requires journalist already registered with the Zimbabwe Media Commission to re-register with the ZEC during an election. This makes it expensive for free-lance journalists and media houses to get their journalists accredited to cover elections.
[1] Misa Zimbabwe State of the media 2019 report < https://zimbabwe.misa.org/wp-content/uploads/sites/13/2020/01/State-of-the-media-report-2019-MISA-Zimbabwe.pdf>
[2] https://zimbabwe.misa.org/2020/02/12/zimbabwes-broadcasting-services-act-requires-extensive-amendment/
[3] http://archive.kubatana.net/html/archive/legisl/080616zec1.asp?sector=ELEC&year=2008&range_start=211
