Appendix 8. Conclusions and Recommendations of the Commonwealth Observer Group on the Zimbabwe Presidential Election of 2002. 1. This has been one of the most keenly contested elections in the history of Zimbabwe. Following on the 200O parliamentary election which was described as “constituting a turning point in the post-independence history of Zimbabwe”, the 2002 Presidential election aroused considerable international and local interest because of the perceived consequences for Zimbabwe’s political and economic future. As in 2000, the Presidential election was contested by two parties each commanding widespread popular support, as well as by three other candidates. A major feature of the election campaign was the prospect of change. 2. We were enjoined by our Terms of Reference “to observe relevant aspects of the organisation and conduct of the 2002 Presidential election” and “to consider the various factors impinging on the credibility of the electoral process as a whole”. We have therefore set out in this Report to examine not only what took place on the election days (9-11 March) but the electoral system, the legal framework, the political background, and most importantly the campaign period leading up to the Presidential election. Conclusions 3. We were deeply impressed by the determination of the people of Zimbabwe to exercise their democratic rights, very often under difficult conditions. At polling stations across the country, voters queued patiently and peacefully, and sometimes for very long hours. We were also impressed by the professionalism and conscientiousness of the majority of the polling staff, many of whom also had to work for very long hours under difficult conditions and without rest. 4. However, it was clear to us that while the actual polling and counting processes were peaceful and the secrecy of the ballot was assured, the Presidential election in Zimbabwe was marred by a high level of politically motivated violence and intimidation, which preceded the poll. While violent acts were carried out by supporters of both of the main political parties, it is our view that most of these were perpetrated by members/supporters of the ruling party against members/supporters of the opposition. 5. We were particularly concerned about the activities of paramilitary youth groups organised under a ‘National Youth Training Programme’. Members of these groups were responsible for a systematic campaign of intimidation against known or suspected supporters of the main opposition party, the Movement for Democratic Change, MDC. The violence and intimidation created a climate of fear and suspicion. 6. Members of our Group found that very often the Zimbabwe Republic Police (ZRP) and other security forces did not take action to investigate reported cases of violence and intimidation, especially against known or suspected supporters of the MDC. Indeed, the ZRP appeared to be heavy-handed in dealing with the MDC and lenient towards supporters of the Zimbabwe African National Union – Patriotic Front, ZANU-PF. This failure to impartially enforce the law seriously calls into question the application of the rule of law in Zimbabwe. 7. We were concerned that the legislative framework within which the elections were conducted, particularly certain provisions of the Public Order and Security Act and the 43