INTRODUCTION Democratic free and fair elections are an integral component of international human rights law as recognised at the apex of the Human Rights system in the Universal Declaration of Human Rights (Universal Declaration). The Universal Declaration provides for the right of citizens to take part in government of his/her country, directly or through freely chosen representatives 1. Equal, free and fair participation for all in elections enhances and safeguards this right as well as citizens ability to take part in and conduct public affairs on matters that affect them. To this end the Universal Declaration clearly states that: “The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures2” Furthermore, the International Covenant on Civil and Political Rights (CCPR) also provides for the right of every citizen to the opportunity without unreasonable restrictions:3 (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; Hence, as a State Party to these and other international, regional and sub-regional instruments such as the Convention on the Elimination on forms of Discrimination Against Women (CEDAW)4; the Convention on the Rights of Person with Disabilities (CRPD), the African Charter on Human and People’s Rights (ACHPR)5 and some of its subsidiary protocols such as the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa6 and African Charter on Democracy, Elections and Governance;7 Zimbabwe has an obligation to ensure the right to free, fair and credible elections. Ostensibly, the process by which elections are conducted is of high importance and often gives rise to a large number of human rights issues. Thus, in recognition of such human rights issues the Zimbabwe Human Rights Commission (ZHRC), herein referred to as the Commission, established in terms of Section 243(1) (c) of the Constitution (2013) of Zimbabwe has since 2013 conducted monitoring of human rights adherence in the tripartite election and in other subsequent bi-elections. Whilst the role of the Commission in elections is not explicitly spelt out in Zimbabwe’s Constitution and subsequent legislation the role is implied in the Commission’s broader mandate to promote, protect and enforce human rights. Consequently, the Commission’s strategy acknowledges and asserts its role during the election period within the remit of its broad mandate as follows: “Given the high incidence of human rights violations reported in previous elections, the ZHRC will play an active role in monitoring domestic elections to ensure that they are carried out in a manner that respects the fundamental rights of all voters. The ZHRC will also monitor and observe international elections whenever invited. To this extent, the Commission will actively lobby for active participation in regional and international election monitoring, and will lobby for the invitation of other NHRIs to participate as observers in Zimbabwe’s future elections.” [Action Plan Ref: Output 3H] 1 Article 21 Universal Declaration of Human rights Article 21(3) n1 above 3 Article 25 International Covenant on Civil and Political Rights (CCPR) 4 Article 7 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 5 Article 2 & 13 African Charter on Human and People’s Rights (ACHPR) 6 Article 9 Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa 7 Article 4 African Charter on Democracy, Elections and Governance 2 5|Page