IRI/NDI Zimbabwe International Election Observation Mission Final Report 53 Conclusion and Detailed Recommendations Zimbabwe’s 2018 harmonized elections presented the country with a historic opportunity to break with the past 18 years of political crisis and mark the beginning of a genuine democratic transition. ZIEOM notes several improvements to the electoral process compared to Zimbabwe’s past elections, though equally important shortcomings give rise to deep concerns that the process has not made the mark. Incremental improvements in the electoral environment during the preelection period were insufficient to establish broad confidence among the political competitors and Zimbabwe’s sharply divided populace. To that end, the ZIEOM has formulated 28 recommendations to promote more inclusive, transparent, and accountable elections. The ZIEOM’s specific recommendations include: Legal Framework Continue to align the Electoral Act with the 2013 Constitution and secure the status of ZEC as a fully independent constitutional commission. Amend the Electoral Act in such a manner that the ZEC has expanded responsibilities to regulate its own affairs as an independent authority and in accordance with international covenants80 including for voter registration processes and accreditation of observers and to remove the minister of justice, legal, and parliamentary affairs from responsibility for representing ZEC before parliament. Leveling the Playing Field Create enforcement mechanisms for ensuring government resources do not serve partisan interests. The ZEC, in accordance with international covenants and principles of equality,81 should ensure clear distinction between activities of the party in power and activities of the government to avoid abuse of state resources. The ZEC should be legally empowered to enforce provisions within the Electoral Act that strictly prohibit the politicization of food aid, agricultural inputs, and other social welfare benefits including penalties for misuse of state resources and the involvement of public officials in political activity. The ZEC and relevant bodies should also reinforce that the distribution of land titles, food aid, and farm implements by traditional leaders must be done through bureaucratic means and away from any campaign-related activity through intensive and continuous educational outreach about the limits of traditional leadership in the political environment. Introduce effective mechanisms to enforce the constitutional provision82 prohibiting traditional leaders from engaging in partisan activities. New provisions in the Electoral Act should be introduced to penalize traditional leaders and civil servants who transgress the Constitution, including fines and potentially the loss of traditional leader status. Transparency 80 ICCPR GC 25, Article 20. ACDGE Article 17.1; SADC Principles and Guidelines Governing Democratic Elections, Article 5.1.4 81 ICCPR GC 25; UNCAC Article 17; ACHPR Article 13(2) and (3); SADC Parliamentary Forum, Norms and Standards for Elections in the SADC Region, parts 2 and 3 82 Constitution of Zimbabwe 2013, Section 281(2) requires neutrality for traditional leaders; Section 200(3) requires the neutrality of district administrators.