EU Election Observation Mission Zimbabwe Harmonised Elections 2018 Preliminary Statement Page 3 of 12 1 August 2018 The EU EOM has been present in Zimbabwe since 6 June, following an invitation from the Government. The Mission is led by Chief Observer, Elmar Brok, MEP (Germany). The EU EOM deployed 140 observers from all 28 EU Member States (and Canada, Norway and Switzerland) across the country to assess the electoral process against international obligations and commitments for democratic elections as well as the laws of Zimbabwe. A delegation of the European Parliament, headed by Norbert Neuser MEP (Germany), joined the mission and fully endorses this Statement. On election day, observers visited over 600 polling stations in 154 of the 210 constituencies in all ten provinces of Zimbabwe to observe voting and counting. This preliminary statement is issued prior to the completion of the election process. The final assessment of the elections will depend, in part, on the conduct of the remaining stages of the process, in particular, the collation of results, and the handling of possible post-election day complaints and appeals. The EU EOM remains in country to observe post-election developments and will publish a final report, containing detailed recommendations, within two months of the conclusion of the electoral process. The EU EOM is independent in its findings and conclusions and adheres to the Declaration of Principles for International Election Observation signed at the United Nations in October 2005. Preliminary Findings 1 Background The 30 July 2018 Harmonised Elections in Zimbabwe were the first since the events of November 2017, which resulted in the stepping down from power of the former president after 37 years in office. Zimbabwe has a history of contested elections, including abuse of political and human rights. The 2018 elections offered the country an opportunity to create a new electoral reality for itself. However, while the commitment to credible elections and economic reforms by the interim president was welcomed, the legacy of the past, including the pervasive link of the ruling party to state structures, created low levels of trust in the democratic process and in national institutions. The 30 July polls were for the election of the president, parliament and local councils. Twenty-three candidates registered for the presidential election1, 1,631 contested for the National Assembly and 6,576 for local councils. These represented 55 political parties or stood as independents. The elections were competitive and largely dominated by the contest between the ruling ZANU-PF and the opposition MDCAlliance (MDC-A), which was formed in August 2017. The electoral system for the National Assembly is a hybrid one, with a proportional allocation of seats to parties based on votes won in the single-member constituencies. Such a system may provide an added advantage to the largest party. 2 Legal Framework (including Election Dispute Resolution) Legal Framework provides for key rights and freedoms, but further reform of the Electoral Act is required and the right to an effective legal remedy needs to be ensured Zimbabwe is a State Party to key universal and regional human rights instruments relevant to democratic participation and overall the legal framework provides adequate conditions for competitive elections, if implemented in good faith. The adoption of the 2013 Constitution strengthened the role of ZEC, making it solely responsible for the registration of voters. Fundamental freedoms of assembly, association, expression and movement, and equality and non-discrimination are provided for, as well as access to justice and to information. The Electoral Act was last amended in May 2018, which is very close to the time of election and not in accordance with best practice. It contains some advances, mainly related to voter registration, the limitation of excess ballot papers printed for any election, and the set-up of the national MPLC at any time prior to six months before the end of the parliamentary term. Nevertheless, a number of substantive proposals 1 One candidate withdrew on 24 July 2018.