EU Election Observation Mission Zimbabwe Harmonised Elections 2018 Preliminary Statement Page 8 of 12 1 August 2018 presidential guard being killed and 47 other people injured. The immediate reaction of President Mnangagwa, stating that he would not allow “this cowardly act” to impact on the conduct of elections, diminished the chance of any possible negative implications for the campaign. There was a deep mistrust of ZEC expressed by opposition parties and civil society and the MDC-A held protests demanding electoral reforms. The party presented a petition to ZEC with “urgent electoral demands” and declared that it would escalate protests if its demands were not responded to. The protests passed peacefully but were marked by abusive language by some protestors against the Chair of ZEC and threats by opposition leaders that elections would not take place, which contributed to an increase in preelection tension. Assertions by MDC-A leaders that any result in favour of their opponent must be a rigged result also caused tensions. While the 2013 Constitution sets out a wide-ranging catalogue of fundamental freedoms, legislation has not been brought into line with it. Political freedoms of assembly and expression have, in the past, been subject to arbitrary restriction.7 This history has been used as an intimidatory tool in the campaign by some candidates, politicians and supporters, stirring fears among the population about state sponsored post-election violence, for example by referring to the murder and mayhem surrounding the second round of the 2008 presidential elections.8 EU observers around the country reported an increase in tension closer to the elections and also reported on threats of violent consequences after the election should voters not vote in favour of ZANU-PF. There were various cases of inducement, coercion, and so-called “smart intimidation” reported to and observed by EU observers, mainly in rural areas. The lack of legal measures to ensure a level playing field impacted on the fairness of the campaign. EU observers reported an extensive use of state resources and advantage of incumbency across the country. State developments projects, such as Command Livestock and Command Agriculture, were announced at ZANU-PF campaign rallies and were widely publicised in the media.9 The distribution of the Presidential Input Scheme (fertilisers and seed) commenced in June, several months earlier than usual, which was cited by different stakeholders as an example of inducement. Domestic observer organisations identified food aid or equipment given out at rallies as the most widespread form of misuse of state resources in the campaign, followed by the use of government vehicles, buildings and officials.10 EU observers reported that voters in resettlement areas 7 The Public Order and Security Act, and the Access to Information and Protection of Privacy Act, were used to restrict political gatherings, peaceful protests and freedom of expression, through restraining public events and offering a foundation for the arrest of those attempting to express political views in public. 8 EU observers reported an increase in references to the 2008 election violence at campaign rallies and social events. For example on 16 July, at a ZANU-PF rally in Shale, Umzingwane district, Matabeleland South, the National Assembly candidate stated “Vote wisely, vote right. There is no room for mistakes like in 2008. Let there be no repeat of that.” On 3 July in Guruve South, Mashonaland Central, ZANU-PF supporters were singing “Tell them to vote for ZANU-PF unless they want war. If they are not going to vote for ZANU-PF, we are going to start war”, a song used in the 2008 elections. The use of similar intimidatory language and songs was observed by EU observers in Manicaland and Masvingo. 9 On 22 June, President Mnangagwa launched Command Livestock in Gwanda, Matabeleland South, handing over 660 heifers, just before he addressed a rally. The Herald on 14 July reported that the President has given 1,440 cattle to the farmers in the Matabeleland North at a rally the day before. “Government has given 18,000 tons of maize to Mashonaland Central”, the Herald, 13 July 2018. The Herald of 15 June, reported that the Presidential Inputs Scheme targeting 1.8 million smallholder farmers “has this year been launched earlier (on 13 June) than in previous years to allow smallholder farmers ample time to prepare for the 2018/2019 season”. 10 Report of the Zimbabwe Electoral Support Network on Pre-Election Political Environment and Observation of Key Electoral Processes, July 2018. EU observers reported that ZANU-PF structures and members played a key role in the distribution of food. Voters were reportedly threatened with exclusion from the input schemes if they did not vote for the ruling party.