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IRI/NDI Zimbabwe International Election Observation Mission Final Report
transparent manner, verify the provisional results in real-time and release results in a timely
fashion according to international standards.87 This should be complemented by political party
and non-partisan observation of the results tabulation process. The ZEC should also establish
clear procedures to permit transmission of polling site forms directly to Harare and publish
polling station-level results for all elections, including the publication of V11 and V23a/b forms for
presidential elections.
Due Process
Foster an independent judiciary that endeavors to adjudicate fairly and justly through due
process of law. To combat perceptions of political bias, the judiciary should implement reforms
in line with the Bangalore Principles adopted in 2002. These principles provide standards for
ethical conduct for judges and guidance to courts in developing frameworks for regulating judicial
conduct. Electoral petitions should be fully adjudicated (including all appeals) in a timely fashion
with written explanations of court decisions.
Establish time limits for the adjudication of pre-election petitions and a framework
for proceedings that are filed at the High Court and Electoral Courts for judgments to
be rendered before Election Day and to ensure that allegations of electoral malpractice are
investigated promptly, thoroughly, and effectively.
Complaints Mechanisms
Prosecute perpetrators of violence and other forms of political coercion. This includes the
individuals responsible for the August 1 shootings of protesters. The chief of police should be
required to report on the steps taken to ensure that full investigations are conducted in response to
complaints of politically motivated violence, threats, and acts of retribution. Activate the provisions
for an Independent Complaints Mechanism as enshrined in the Constitution to allow citizens to
have a pathway for recourse if affected by the unprofessional conduct of the security services.
Strengthen the Electoral Act to provide effective complaints mechanisms. This should
enable citizens and civil society organizations to file petitions with the ZEC challenging the results
of the elections and administrative complaints beyond voter registration issues, in accordance with
regional and international conventions on citizens’ right to effective remedy.88
Media
Eliminate laws that impede constitutionally protected freedoms. Relevant bodies should
initiate legal reforms to eliminate laws such as the Access to Information and Protection of Privacy
Act (AIPPA) and the Public Order and Security Act (POSA) that contravene the provisions in the
2013 Constitution guaranteeing freedom of expression and assembly, free media, and access to
information.89
Foster a diverse, independent media environment representing a variety of political
perspectives. To fulfill Section 160J of Zimbabwe’s Electoral Act, which states that broadcasters
and print publishers must ensure that all political parties and candidates are afforded equal media
coverage during an election period, adequate media monitoring and enforcement mechanisms
87
ICCPR GC 25, Article 20
ICCPR Article 2(3)(a); African Union Declaration on the Principles Governing Democratic Elections in Africa, IV, 6
89
Constitution of Zimbabwe 2013, s.61 and s.62.
88
Select target paragraph3
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