• The failure by ZEC to abide by the principles of natural justice and its refusal to accredit observers
from ZPP and ZimRights adversely affected preparations by such organisations and observers ahead
of the referendum day detracting focus and time away from proper preparation for the referendum,
both by ZEC and the affected organisations, due to on going negotiations and litigation. These
organisations and observers were essentially found guilty before trial by a body not qualified or
empowered to act in such a manner.
• The reduction in numbers of international observers and refusal to accredit those not considered
“friendly” was also problematic.
On the operating environment for civil society organisations and Human Rights Defenders
• The continued clampdown on CSOs and HRDs prior to the referendum had a negative impact
on the pre-referendum environment. The assault on CSOs was strategic, intentional, well planned,
well resourced and well implemented. It targeted organisations which were carrying out lawful
activities these included mobilisers, civic educators, human rights monitors, and service providers.
• Since November 2012, police, amongst others, raided premises of 5 major CSOs, namely
Counseling Services Unit, Zimbabwe Human Rights Association, Zimbabwe Peace Project, Zimbabwe
Election Support Network, and Radio Dialogue. These searches were conducted in terms of search
warrants that were broad, vague and subject to legal challenge. As a result of these searches,
personnel and Board members were charged with varying offences that ranged from operating
unregistered organisations, committing forgery, fraud and other related offences. A total of 358
HRDs from CSOs since November 2012 were either harassed through interrogation, arrest and
detention, with the majority of them being subsequently released without charge. Only 18 out of the
358 HRDs from CSOs were charged and taken to court where in most cases, prosecutors declined to
prosecute.
• The ZRP used several public platforms, including an appearance in Parliament and press
conferences to intimidate and issue threats and false information against CSOs – some named, and
some unnamed. The GPA requirement for reform of such institutions and actors, and a cessation of
politically motivated attacks, was largely ignored.
• The state-controlled media and aligned outlets stepped up their defamatory and false publications
against these same CSOs as part of the sustained assault. Hate speech and incitement against CSOs
and HRDs further intensified, whilst the slow process of achieving legal redress and general impunity
of such state media practitioners and media houses continued.
One of the overriding challenges during the run up to the referendum was the preoccupation of
the three political parties with the IG ensuring that the draft constitution was incorporated into the
national referendum. This caused the IG to render secondary key reforms and processes outlined
in the GPA. These included substantive legislative and institutional reform as well as the stemming
of bad administrative practices and the escalating impunity for violations of laws and current
constitutional safeguards. In particular, the assault on civil society needed to be comprehensively
addressed if the country was not to lose its only remaining independent voice ahead of the elections.
In spite of the challenges that faced this constitution-making process, a step forward had been taken
in terms of generating debate and a greater interest in constitutional matters, as well as debate
around issues of constitutionalism. The process took place in an extremely difficult environment;
nonetheless, there was an overriding general willingness and interest in the pursuit of a better
constitution for Zimbabwe. However, key issues of concern remained unresolved regarding the
impending elections which included: an environment that was not conducive to free debate, agents
who continued with their old practices of violating fundamental rights and freedoms with impunity,
and preventing the sharing and dissemination of information. No efforts were taken towards
correcting this in preparation for a free and fair election .
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