EU Election Observation Mission Zimbabwe Harmonised Elections 2018 Preliminary Statement Page 9 of 12 1 August 2018 appeared to be particularly vulnerable to coercive practices attributed to traditional leaders and local administration related to their lack of land ownership and dependency on state structures. There was concern regarding the role of traditional leaders in the campaign, with numerous reports of chiefs publicly supporting ZANU-PF, attending their rallies and in some cases obstructing opposition rallies in their communities.11 Incentives had been given to chiefs and some church leaders, who officially endorsed the ZANU-PF campaign. Different sects of the apostolic church, for example, which have numerous followers all over the country, prophesised victory for President Mnangagwa. The ruling party gave them donations and used their mass ceremonies for campaign purposes. There is also evidence that people, including children and their teachers, were forced to participate in political rallies12 and school premises and properties were used for campaign purposes. Serious concerns regarding perceived or actual violations of the secrecy of the vote were also raised. EU observers reported on people (especially the elderly) being approached by individuals asking for voter registration slips and pretending that they would be able to follow their vote through the new BVR system. Such reports are consistent with findings of the Zimbabwe Human Rights Commission and civil society organisations. Overall, these reported cases of intimidation and coercion violated the purpose and main principles of the Code of Conduct.13 The MPLCs were established too late to effectively deal with violations of the campaign regulations and mechanisms for monitoring and sanctioning non-compliance with the Code were de facto non-existent. The main infraction prosecuted has been the destruction of posters. There was a huge disparity in campaign financing. ZANU-PF dominated all forms of campaigning across the country, including through billboards, posters, distribution of regalia, rallies and road shows. The Political Parties (Finance) Act does not include any provisions on campaign expenditure. Although foreign funding is prohibited there is no ceiling on campaign contributions or disclosure requirements for donations. Further, there is a complete absence of reporting requirements and transparency mechanisms, resulting in a lack of accountability for campaign finance. 6 Media Media operated in a generally free environment, but overwhelming bias in state media meant legal provisions for fair and balanced reporting were not respected The media landscape in Zimbabwe is largely dominated by state-owned or controlled media, with very little presence of the private sector. Allocation of broadcasting licenses has so far benefitted only radio stations directly or indirectly linked to the government and community radio stations are still to be licensed. The legal framework for media, while providing for fundamental rights, needs improvement. Laws such as the Access to Information and Protection of Privacy Act, the Broadcasting Services Act and the Public Order and Security Act contain provisions which are not in line with fundamental freedoms 11 Section 281(2) of the 2013 Constitution provides that traditional leaders must act in a politically neutral way. Similar rules apply for District Administrators, Section 200(3). The High Court found that the President of the National Council of Chiefs, Fortune Charumbira, acted unconstitutionally in urging traditional leaders to support ZANU-PF. 12 Video evidence circulated on social media showing police and the authorities preventing people from leaving a presidential rally in Bindura (Mashonaland Central), which was also observed by EU observers. EU observers reported similar cases in Chimanimani West (Manicaland) and Chinhoyi (Mashonaland West). 13 The Code’s purpose is to create “a climate of tolerance in which electioneering activity may take place without fear of coercion, intimidation and reprisals”. The Code includes stipulations that there should be: no violence; no intimidation, fear and bribery; balanced media coverage; freedom of movement; and no incitement to violence or hate speech. All political parties are required to inform their members about the Code, to supervise their compliance with it and to initiate disciplinary measures in case of non-compliance.