ZIMBABWE ELECTION SUPPORT NETWORK ELECTORAL REFORM PROPOSALS + + + The regulations must provide for the total time allocated to each political party or candidate, the duration of each broadcast by the party or candidate, and the times when the areas to which such broadcasts are to be transmitted. ZEC should be more proactive in its monitoring of broadcasters during the election period to ensure that they observe these provisions. Media should be barred from publishing language encouraging racial, ethnic or religious prejudice or hatred or inciting violence or likely to lead to undue public contempt towards any political party, candi date or class of persons in Zimbabwe. parties, CSOs and government should draw up a code of conduct to prevent incumbent politicians mis using State resources for political purposes. Conflict Management + + + + Special Voting + + + + Postal voting in Zimbabwe has also remained controversial, shrouded in secrecy, inaccessible to observers, riddled with allegations of intimidation, malpractice and non-transparency. It is strongly recommended that the doctrine of secrecy as well as transparency that is applied to other electoral processes must also apply to postal voting. Members of the Zimbabwean Diaspora must be allowed to vote. When a member of the security forces votes in advance or by post, the competent witness before whom he or she votes must not be a person who has the capacity to intimidate the member. Ballot papers and Ballot boxes + + The legislation must specify that ballot boxes are to be made of translucent material. The Zimbabwe Electoral Commission must disclose the total number of ballot papers printed for any election. Counting of votes + + Candidates and their agents, and accredited observers, should have a right to be present at the counting process; the minimum number of observers who may be present should be specified in the Act, not left entirely to regulation. The Act should state what is to happen if a candidate or election agent disputes the accuracy of the verification or collation of returns. Counting of votes + + The circumstances in which the Zimbabwe Electoral Commission can order a recounting of votes must be clarified. If a recount is ordered, the destruction of ballot papers and other documents relating to the election concerned must be stayed. State funding of political parties + + + + + Funding should be done through the Zimbabwe Electoral Commission, not by a Minister. The threshold for funding should be reduced to three per cent of the votes cast in the previous election. Provision should be made for new parties to be funded. There should be a relaxation of the prohibition against foreign funding, to allow members of the Diaspora to participate in the country’s politics. All parties should be required to disclose donations above a prescribed amount. Code of conduct for political parties + The Zimbabwe Electoral Commission, in a broadly consultative process which includes mainly political + + + + In future, to enable the Electoral Court to resolve disputes expeditiously before elections take place, there is need for competent, effective, independent and impartial judiciary and electoral institutions. There is also need to complement the judges of the Electoral Court with staff, equipment and adequate re sources. The jurisdiction of the Electoral Court should be broadened, for example the resolution of disputes occurring prior to the election and should be extended to cover all matters relating to elections. The court should have all the powers of the High Court in civil matters, including the High Court’s powers of review The degree of proof required for election petitions should be the ordinary civil standard: proof on a balance of probabilities. Electoral tribunals should be established to arbitrate disputes if mediation fails. ELECTORAL STAKEHOLDERS Political Parties It is recommended that: + Political parties must walk the talk of political tolerance. The message of zero tolerance to political violence must cascade from the top leadership structures to the grassroots, + All political parties, the electronic and print media must be barred from using/publishing any form of in flammatory language and hate speech. + Political parties should be compelled to practice effective internal democracy to reduce or avoid intraparty violence + Acceptable conduct should be agreed in a legally enforceable code of conduct for political parties. The enforcement of offences should be vigorous and penalties should be prohibitive such as disqualification of candidates or huge fines. This would ensure that parties abstain from vote buying or any other dishonest or unethical election campaign conduct. + To avoid intimidation and subsequent reprisals, the names and addresses of candidates’ chief election agents should not be published. Election Observation To improve election observation, it is recommended that: + ZEC should have the decisive say on which observers to invite and accredit without any ministerial veto power as is currently the case, + Accreditation should be decentralized + Devise an easier way of accreditation + ZEC must also accredit sufficient numbers of local and international observers to allow comprehensive observation of elections. + The security of independent and domestic election observers must be guaranteed. Election observers + NGOs and Human Rights Defenders + + The excessive restrictions on observation of elections must be relaxed; anyone should be entitled to observe elections, and the accreditation of observers should be employed only to give accredited observers privileges such as the right to enter polling 2 Human Rights NGOs also bore the brunt of retributive violence. There was widespread harassment of observers, human rights lawyers, journalists and others who were thought to be either sympathetic to the opposition or did not give adequate coverage to the ruling party. Civil society and the work they do should be accorded more respect as it is important for democratic principles to take root in Zimbabwe. Security Forces + + It is therefore recommended that mechanisms be put in place to ensure that security forces conduct themselves in a professional and non-partisan manner. Although the presence of police officers at polling stations is necessary to maintain order, such deployment should not done in such a way could lead to the intimidation e.g. large numbers of police. Traditional Leaders + The role of traditional leadership in the politics of Zimbabwe remains a highly contested terrain. It is therefore recommended that traditional leaders remain apolitical and should embrace all their subjects regardless of their political persuasion. External /Diaspora Voters + It is recommended that the Electoral Commission be given the power to establish a system that allows Zimbabweans living outside the country [diaspora] to vote by post if they are unable to return to Zimbabwe to cast their votes. Assisted Voters + Election agents stations and to observe the counting of votes. The accreditation of observers must be left to the Zimbabwe Electoral Commission; there should be no governmental interference. International observation of elections must be encouraged. + It is recommended that only a trusted friend or relative of the voter’s choice be allowed to render assistance in order to safeguard the secrecy of their ballot and avoid intimidation. Police officers must not be involved. CONCLUSION The period under the Global Political Agreement gives Zimbabwe a unique opportunity to effectively deal with electoral reform and ensure a conducive environment and conditions that guarantee respect for the will of the people before the next election. Timing of next election – vis a vis adequate time for preparations- new changes, conducive environment? Document supported by

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