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.
Electoral Reforms Tracking Report Web
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
Election Dispute Resolution
Assessment:
A review high profile cases brought before the judicial courts after the harmonised elections for the 2008, 2013 and 2018 electoral cycles can help us make an assessment of the role that the judiciary has been playing towards the achievement, maintenance and promotion of electoral democracy in Zimbabwe[1]. The judiciary has a role to play in electoral reforms, through adjudication, dispute resolution and recommending legislative and institutional reforms. For Zimbabwe, the judiciary continue to miss, or deliberately evade this important role, thereby proving incapacitated to contribute to meaningful electoral reforms in Zimbabwe.
A general assessment is that the judiciary has not pushed for electoral reforms; they have not caused any meaningful or progressive movement in the quest for comprehensive electoral reforms.
In high profile cases, the judiciary has either shied away from comprehensive adjudication by hiding behind technical, procedural prerequisites instead of seizing the moment to develop jurisprudence for use by Parliament and citizens
[1] The full list of court cases reviewed can be found in the ZESN research paper entitled “Assessment of the Justice Delivery System and its Contribution to Electoral Reforms in Zimbabwe”.
Election Day and Results Management
Assessment:
In the 2018 electoral cycle, the results management system was not altered significantly. Issues from previous electoral cycles remain, including those related transparency, accuracy and verifiability of results.
Persons with Disability
Assessment:
Persons living with Disabilities (PWDs) are not adequately represented in Parliament. There is provision for two people with disabilities in Senate. The PWDs community recommend that a quarter for PWDs be made mandatory to support an increase in number of PWDs legislators. The seat allocated to PWDs should be spread across all the provinces.
There is need to domesticate the Convention on the Rights of Persons with Disabilities (CRPD) which Zimbabwe ratified in 2013[1], so as to guide efforts by government and other stakeholders’ interventions meant improve PWDs participation in political and public life[2].
[1] https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=195&Lang=EN
[2] https://www.zesn.org.zw/wp-content/uploads/2019/10/ZESN-Position-Paper-on-the-Participation-of-People-with-Disabilities-in-Elections.pdf
Youth
Assessment:
The Constitutional Amendment number 2 proposes adding 10 reserved seats for the youth in the lower house of Parliament. Youth Organisations such as the National Association of Youth Organisations (NAYO) and Youth Empowerment and Transformation Trust (YETT) argue that the youth were not consulted when the government came up with the provisions for youth participation in Constitutional Amendment Number 2. Youth organisations believe the proposed youth seats should come from the existing 210 seats and that;
[1] https://www.zesn.org.zw/wp-content/uploads/2019/11/ZESN-Position-Paper-on-Youth-Participation-in-Elections-and-Governace-Processes-in-Zimbabwe.pdf
