General Laws Amendment Act, was basically flawed, and prejudicially applied.
Limitations on the freedom of speech, movement and of association prevented the
opposition from campaigning freely.
8.
We further regret the restrictions placed on civil society groups, which effectively
barred this important sector from participation in the democratic process, and
prevented them from carrying out much needed voter education activities, In
particular we consider that unnecessary restrictions were placed on the accreditation
of independent domestic observers.
9.
We found that thousands of Zimbabwean citizens were disenfranchised as a result of
the lack of transparency in the registration process and the wide discretionary powers
of the Registrar-General in deciding who is included in or omitted from the electoral
register.
10.
It is our view that the ruling party used its incumbency to exploit state resources for
the benefit of its electoral campaign. This was compounded by the Government’s
monopoly of the broadcast media – a factor which was not offset by the bias of most
of the privately-owned print media in favour of the opposition MDC.
11.
On polling day itself, many who wanted to cast their vote could not do so because of
a significant reduction in the number of polling stations in urban areas. There was an
inexplicable delay in complying with a High Court order to extend voting to 11 March.
Voting in Harare and Chitungwiza was especially slow, leading to many voters being
turned away even at the end of the third day. These problems were not evident in
the rural areas.
12.
Taking into account all of the foregoing, and recalling our mandate, we have
concluded that the conditions in Zimbabwe did not adequately allow for a free
expression of will by the electors in the 2002 Presidential election.
13.
We call on all Zimbabweans to put aside their differences and to work together for
the future of their country. We believe national reconciliation is a priority and that the
Commonwealth should assist in this process.
Recommendations
14.
The Group recommends as follows:
(a) There is an urgent need for there to be a cessation to the systematic use of
violence in political campaigns, especially against the opposition party. To
address this need, the political parties and the security authorities should
jointly establish mechanisms and structures at central and district levels to
co-ordinate and implement peace initiatives.
(b) There is a fundamental need for there to be a clear separation of party and
state in Zimbabwe and for there to be a proscription on the use of state
resources for party political activity.
(c) The Government and law enforcement agencies should strictly enforce the
law in respect to all acts of political violence.
(d) the provisions of the General Laws Amendment Act, the Public Order and
Security Act and the Access to Information and and Protection of Privacy Act
which impede the freedoms of association movement and speech should be
repealed.
(e) In accordance with its commitment to all the people of Zimbabwe to assist in
the development of a democratic society, the Commonwealth should
continue to offer assistance to strengthen the country’s democratic
institutions. The Commonwealth should also offer technical and economic
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