Johannesburg | Harare

SouthernDefenders calls on the Zimbabwe authorities to immediately desist from the emerging practice of harassing and threatening election observers including citizen observers that has been a characteristic of the Zimbabwe elections 2023. SouthernDefenders also calls for the unconditional release of all the citizen observers who are either in custody or facing charges in courts related to their activities as observers of the ongoing 2023 harmonised elections. The arbitrary arrests of these accredited observers   was heavy-handed, unconstitutional and outright illegal.

“We particularly strongly  and equivocally condemn the raid that occurred on August 23,  2023 at the joint Zimbabwe Election Support Network ( ZESN) and Election Resource Centre (ERC) data centres in Grange and  at the Holiday Inn and in Harare where 38 local citizen observers were arrested and detained and several electronic equipment including computers which are their tools of trade were confiscated” said Professor Adriano Nuvunga, the Chairperson of SouthernDefenders and Executive Director at the Centre for Democracy and Human Rights in Mozambique. “As a regional network of human rights defenders, we reiterate what the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletossi Voule and the Special Rapporteur on the situation of human rights defenders, Mary Lawlor have consistently stressed ‘that election observers are human rights defenders and civil society actors’ and that there is an obligation on the state to protect election observers and ‘enable independent and impartial election observation by all monitors, including from abroad’ added Prof Nuvunga.

On 23 August the Central Intelligence Organisation (CIO) and the Criminal Investigations Department (CID) of Zimbabwe, conducted a raid in Harare at the Holiday Inn Hotel and in Grange to disrupt joint ZESN and ERC data centres established as part of the election observation process by the network of citizen observers in Zimbabwe. During this raid, 38 citizen observers were arrested and detained. The Central Intelligence Officers and police also confiscated election observation material and equipment that the citizen observers were using to do their work. Efforts by Zimbabwe Lawyers for Human Rights to track down the detained citizen observers and their equipment led them to establish that the election observers had been held and detained at the CID headquarters in Harare. They appeared before the Harare Magistrates Court on August 25, 2023 on charges of contravening section 66 of the Electoral Process Act and released on bail pending their trial.

“ZESN and ERC are reputable organisations that are leaders in the election observation sector in the region. They are legally registered and recognized under Zimbabwe law and were duly accredited by ZEC, the election management body and therefore observing the electoral process constitutionally and legally as per their mandate” said Tanele Maseko the SouthernDefenders Vice Chairperson and CEO of the Thulani Maseko Foundation. “Not only have the CIO and CID breached the constitution of Zimbabwe which according to section 2 is the supreme law of the land, but they have also undermined and needlessly jeopardized the transparency, credibility and accountability of the entire electoral process. Transparent and accountable electoral processes are essential for upholding the principles of democracy, protecting citizen’s rights to participate in free and fair elections, as well as fostering public trust in the democratic institutions of  any country” Mrs Tanele Maseko added.

In terms of section 67 (1) (a) of the Constitution of Zimbabwe, every citizen has the right to free, fair and regular elections conducted in terms of the Zimbabwean Constitution.  It is not possible for citizens to evaluate whether the right to free, fair and regular elections is being adhered to without systematic and intentional electoral observation. Zimbabwe elections also need to be held in accordance with the dictates of several regional and international standards, such as the SADC Principles and Guidelines Governing Democratic Elections, Chapter 7 of the African Charter on Democracy, Elections and Governance, the International Convention on Civil and Political Rights and Article 19 of the Universal Declaration of Human Rights.

SouthernDefenders therefore urges Zimbabwean authorities to:

• Cease the intimidation, threats and harassment of election observers and safeguard the independence of civil society.
• Cease systemic manipulation of the electoral process, including systematic voter suppression in Harare, Bulawayo and Manicaland, which undermines electoral integrity.
• Uphold and protect the inherent freedoms of association and assembly and ensure an open, inclusive and genuinely democratic electoral process.
• Immediately unconditionally drop all pending charges pending against election observers and desist from weaponizing the legal system to criminalise election observation.

For more information on this issue and on election observers as human rights defenders please contact Washington Katema on wkatema@southerndefenders.africa or +27736202608

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ANNEX A TO SOUTHERN DEFENDERS STATEMENT

ELECTION OBSERVERS ARRESTED AND DETAINED FOR ELECTION OBSERVATION

1. Ferdinand Chiwaridzo
2. Thelma Matanganize
3. Benjamin Mukunga
4. Natasha Mataire
5. Thandeka Tatsvareyi
6. Kimberly Nhidza
7. Succeed Musoro
8. Christian Nyazure
9. Kudzanai Marimba
10. Kudzai Chavhunduka
11. Natasha Nyatsanza
12. Ian Goredema
13. Jack Zaba
14. Brighton Takuberekera
15. Faith Ndlovu
16. Winnie Mabeka
17. Mandlenkosi Mashingaidze
18. Lorraine Muchaiwa
19. Polite Magadza
20. Mukudzeyi Musindo
21. Sinikiwe Kandororo Zesn
22. Winnie Muhonde
23. Sandra Jambazi
24. Tadiwanashe Chiseko
25. Kudakwashe Musonza
26. Tapiwa Kapfunde
27. Shawn Saveri
28. Danai Chikowore
29. Tatenda Nyakatsapa
30. Tabani Mpofu
31. Enestacia Ruvimbo Gwanyanya
32. Nobunkosi Mutangadura
33. Trevor Enesi
34. Ashley Takudzwa Mapfumo
35. Elton Mavusa
36. Lydia Mawema
37. Tariro Jingura
38. Tanatsa Takavarasha