SADC ELECTION
OBSERVATION MISSION
TO THE REPUBLIC OF
ZIMBABWE
STATEMENT
BY
HON. BERNARD
KAMILLIUS MEMBE
MINISTER OF FOREIGN
AFFAIRS AND INTERNATIONAL COOPERATION OF THE
UNITED REPUBLIC OF
TANZANIA
AND
HEAD OF THE SADC
ELECTION OBSERVATION MISSION
TO THE
CONSTITUTIONAL
REFERENDUM IN THE REPUBLIC OF ZIMBABWE
HELD
ON 16 MARCH 2013
· The
Zimbabwe Electoral Commission(ZEC);
· Esteemed
Leaders of the Political Parties;
The
Select Committee of Parliament on the New Constitution(COPAC);
· Honourable
Ministers;
· Honourable
Members of Parliament;
· The
Executive Secretary of SADC;
· Members
of the SADC Electoral Advisory Council;
· The SADC
Facilitation Team;
· Members
of the Diplomatic Corps;
· Religious
Leaders;
· Members
of Civil Society;
· Esteemed
Members of various Election Observation Missions;
· Esteemed
Members of the Media;
· Distinguished
Guests;
· Ladies
and Gentlemen
It is indeed an
honour and pleasure to welcome you all to this important event, the presentation
of the SADC Election Observation Mission (SEOM) Statement on the Constitutional
Referendum in the Republic of Zimbabwe.
INTRODUCTION
SADC being one the Guarantors
of the Global Political Agreement (GPA) has noted with appreciation the
implementation of Article 6 of the GPA which outlines the processes and
timeframes leading to the holding of the Referendum.
It is against this
backdrop and in accordance with the SADC Principles
and Guidelines Governing Democratic Elections that the Southern African
Development Community (SADC) was invited by the Government of the Republic of
Zimbabwe to observe the Referendum held on 16 March 2013.
In light of the above,
the Chairperson of the SADC Organ on Politics, Defence and Security
Cooperation, His Excellency Jakaya Mrisho Kikwete, President of the United
Republic of Tanzania, officially constituted the SEOM to the Republic of
Zimbabwe and mandated the SADC Executive Secretary, Dr.Tomáz Salamão to
facilitate the administrative and logistical support for the Mission.
The Chairperson of the
SADC Organ on Politics, Defence and Security Cooperation appointed me, Bernard Kamillius
Membe, Minister of Foreign Affairs and International Cooperation of the United
Republic of Tanzania, to head the Mission.
The SEOM was officially
launched in Harare, Zimbabwe,on 10 March 2013.
After days of intensive
work, the SEOM has the honour to deliver its statement on the outcome of its
observation of the Constitutional Referendum in Zimbabwe.
THE ROLE OF THE
SADC REFERENDUM OBSERVATION MISSION
The Mission derives its
mandate from the SADC Principles and Guidelines
Governing Democratic Elections, which emanate from the African Union (AU) Declaration on the Principles Governing Democratic
Elections in Africa and the AU
Guidelines for African Union Election Observation and Monitoring Missions.The
Mission also worked within the legal framework of the Republic of Zimbabwe.
In developing the nature
and scope of our observation, the Mission sought to determine the existence of
the following pre-conditions for a credible referendum:
(i)
Constitutional and legal guarantees of freedoms and rights
of citizens;
(ii)
Conducive environment for free, fair and peaceful elections;
(iii)
Timeous announcement of the referendum date;
(iv)
Neutral location of the polling station;
(v)
Counting of the votes at the polling stations
During the launch of the
SEOM, Observers were directed to adhere to the SADC Principles and Guidelines Governing Democratic Elections in
the performance of their duties. Emphasis was placed on the following:
- That the Observers must
comply with the laws and regulations of the Republic of Zimbabwe and relevant
international instruments governing democratic elections;
- That they should maintain
strict impartiality in the conduct of their duties, and shall at no time
express any bias or preference in relation to national authorities, parties and
organisations in the Constitutional Referendum;
- That they will base all
reports and conclusions on well documented, factual and verifiable evidence
from a multiple number of credible sources as well as their own eye-witness
accounts; and
- That they should work
harmoniously with each other and other election observation
missions/organisations in their areas of deployment.
DEPLOYMENT
OF SEOM OBSERVERS
Guided by the SADC Principles and Guidelines Governing
Democratic Elections, the Mission deployed twelve (12) teams of observers
across all ten (10) provinces of the Republic of Zimbabwe. Observers were given
the responsibility to observe the Constitutional Referendum and to give
comprehensive accounts of their findings in their areas of deployment in order
for the Mission to provide an informed assessment.
The SEOM deployed seventy
eight (78) observers drawn from various sectors of SADC Member States including
Members of Parliament and civil society.
CONSULTATIONS WITH
STAKEHOLDERS
In discharging its
duties, the SEOM interacted with the relevant stakeholders in order to gather
information on various aspects of the referendum. The stakeholders included inter alia:
- Parties to the Global Political
Agreement
- Other political parties
- Zimbabwe Republic Police
(ZRP);
- Zimbabwe Electoral
Commission (ZEC);
- The Constitutional
Parliamentary Select Committee (COPAC);
- Non-Governmental
Organisations;
- The European Union
Diplomatic Mission and the Embassies of the USA, Australia, Canada and Norway;
- the SADC Parliamentary
Forum; and
- Other Observer Missions
These interactions have
assisted the SADC Election Observation Mission to understand the prevailing
political environment in the country.
MAJOR
ISSUES RAISED BY STAKEHOLDERS
The SEOM wishes to
highlight some of the issues of concern expressed by some Stakeholders in the Constitutional
Referendum. These include, inter alia,
the following:
- Timeous availability of
resources to ZEC for preparation of the Referendum;
- Concern about possible
apathy;
- Insufficient copies of
the Draft Constitution distributed to the electorate;
- Inadequate time allocated
for the electorate to acquaint themselves with the Draft Constitution;
- Inadequate time for some
stakeholdersto conduct campaigns/civic education;
- Non accreditation of some
local Observers;
- Poor signage and
identification of some polling stations;
- Inaccessibility of
polling stations in some areas;
- Polarised media
- Isolated reports of
intimidation and harassment
THE SEOM pursued some of
these concerns in a systematic manner by conducting further investigations and
at times sought clarification from relevant parties. Some of the responses
provided regarding the abovementioned concerns were as follows:
· On timeous availability
of resources for preparation of the Referendum, the Mission gathered that ZEC
had received the bulk of their funding just before the Referendum. However, the
Mission observed that the funding challenge did not hamper the overall
Referendum.
· Regarding insufficient
copies of the Draft Constitution distributed to the electorate; the Mission was
informed by COPAC that 90,000 copies of the Draft Constitution, including audio
and braille versions, were distributed across the country. Furthermore, the
Mission learned that there were some existing mechanisms in place to access the
Draft Constitution such as the COPAC website and regional offices.
· With respect to inadequate
time allocated for the electorate to acquaint themselves with the Draft Constitution;
the Mission noted that the electorate had between (15th of February
being the proclamation of the date of the Referendum to the 15thMarch
2013) to acquaint themselves with the Draft Constitution. The Mission observed
that the Referendum took place within the provisions of the GPA Article 6 and the
Referendum Act, Articles 3 and 4.
· Regarding inaccessibility
of polling stations in some areas; the Mission observed that due to inaccessibility
of some areas, the transportation and distribution of polling materials as well
as the polling officers was airlifted by ZEC.
· The SEOM noted reports of
isolated cases of intimidation and harassment in some areas and in particular
in Mbare, Harare. The SEOM condemn these
acts of violence and pledge to law enforcement agents to objectively deal with
these matters as they arise.
PRE-REFERENDUM
PHASE
The Mission observed that
the pre-referendum phase was characterized by a largely tolerant and peaceful
civic atmosphere. In general, ZEC, COPAC and other relevant stakeholders conducted
their work in a transparent, orderly and professional manner without any hindrance.
With regards to the
eligibility of voters, the Mission noted that according to the Referendum Act,
voters are not required to register for the Referendum and only those who are
at least eighteen (18) years old and have a national ID card, waitingpass or
valid passport can vote at any polling station across the country.
POLLING
PROCESS
The Mission observed that
most polling stations were opened by polling officers at the official time of
07:00 and closed at 19:00 in the presence of security and Observers.
Furthermore, special arrangements were made for voters with special needs, such
as priority queue for the elderly, expectant and/or nursing mothers and people
with disabilities. The Mission observed the professional conduct of the polling
staff.
COUNTING
PROCESS
The Mission observed that
the counting process began immediately after the closing of the polling
stations. The counting process was conducted procedurally. Furthermore,
procedures for secure counting of votes were adhered to. In addition, the
Mission witnessed and followed closely the counting of votes together with the
polling officers without any hindrance.
BEST
DEMOCRATIC PRACTICES AND LESSONS LEARNT
In the course of observing the
Referendum, the Mission noted that over and above, general adherence to the relevant
national legal instruments and the SADC Principles and Guidelines Governing
Democratic Elections. The following best democratic practices and lessons in
the Zimbabwean Referendum were observed:
- Provision of adequate
logistical and material support by the ZEC to ensure that all citizens of
voting age were able to participate in the referendum;
- Prompt accreditation of
Observers;
- Provision of several
polling streams that expedited the voting process;
- Use of indelible ink to prevent
double voting;
- Use of translucent ballot
boxes;
- High state of
preparedness by the Zimbabwe Republic Police, by providing adequate security that
facilitated a peaceful environment for the Referendum;
SADC
ELECTION OBSERVATION MISSION RECOMMENDATIONS
Upon completion of the
observation exercise, the Mission is pleased to share the following
recommendations with the citizens and the stakeholders of the Republic of
Zimbabwe:
- Encourage the
establishment of a mechanism through which funds for elections could be timely
availed;
- Encourage the update of the
voters’ roll in time for elections;
- Encourage continuous
voter education;
CONCLUSION
The Mission is pleased to
share its findings and observations with the people of Zimbabwe and all
relevant stakeholders. In general, the Mission observed that the polling
process was conducted in a peaceful, transparent and smooth manner.
The Mission has come to
the conclusion that although some of the concerns raised are pertinent, they
are, nevertheless, not of such magnitude as to affect the credibility of the overall
Referendum.
We also wish to commend
ZEC for the professional and dedicated manner in which they delivered a
successful referendum to the people of Zimbabwe.
On behalf of the
Chairperson of the Organ on Politics, Defence and Security Cooperation, His
Excellency Jakaya Mrisho Kikwete, President of the United Republic of Tanzania
and on behalf of the entire SADC family, I wish to sincerely congratulate the
Government, ZEC and the people of Zimbabwe for holding a peaceful and credible
Constitutional Referendum on 16 March 2013.
This is a major step in
the implementation of the GPA and I therefore would like to take this
opportunity to encourage the political leadership and all the people of
Zimbabwe to uphold peace and stability.
Thank you very much.