Introduction:
The anticipation of the 2023 harmonized elections in Zimbabwe was met with growing concern regarding the state of human rights and the integrity of the electoral process. As highlighted by Samuel Gwenzi, the pre-election period, particularly the latter part of 2022 and the initial quarters of 2023, witnessed a disturbing trend marked by violence, constitutional breaches, and the systematic erosion of civic space. This article conceptualizes these observations within the broader human rights discourse, examining the implications for Zimbabwe’s democratic trajectory.
Key Human Rights Concerns:
Gwenzi’s analysis reveals a multifaceted human rights crisis characterized by:
- Political Violence and Intimidation:
- Reports of violence perpetrated predominantly against opposition players, creating an atmosphere of fear and intimidation.
- Escalation of political violence, including instances involving state agencies and militia groups, further exacerbating the situation.
- Suppression of Civic Space:
- Habitual arrests and prosecution of political activists and civil society leaders, aimed at silencing dissent.
- Legislative manipulation through bills like the Patriotic Bill and the Private Voluntary Organizations (PVO) Bill, designed to stifle civic participation.
- The use of law as a tool for persecution, exemplified by the prolonged pre-trial detention of political opponents, such as Honourable Job Sikhala.
- Compromised Institutional Integrity:
- Concerns regarding the “capture” of Chapter 12 institutions, including ZEC and the judiciary, undermining their impartiality.
- Criticism of ZEC’s delimitation report, highlighting alleged unprofessionalism and partisan conduct, raising serious questions about the fairness of the electoral process.
- The involvement of partisan religious organizations, that are meant to be neutral, such as “pastors for ED” has also complicated the political space.
- Pre-Trial Detention and Judicial Bias:
- The excessive use of pre-trial detention, with numerous activists languishing in the court system, violating principles of due process.
- Concerns regarding judicial bias and the selective application of the law, further eroding public trust in the justice system.
The Role of State Institutions and the Rule of Law:
The integrity of Chapter 12 institutions, designed to uphold democratic principles, is paramount for free and fair elections. However, the reported instances of state capture and partisan conduct cast serious doubt on their ability to fulfill their mandate. The delimitation report controversy underscores the fragility of ZEC’s independence and its potential to influence electoral outcomes.
The erosion of the rule of law, evidenced by the selective application of justice and the use of legislation to suppress dissent, poses a significant threat to democratic governance. The manipulation of legal processes to target political opponents and civil society actors undermines the fundamental principles of equality before the law.
International Human Rights Perspectives:
The findings of international human rights organizations, such as Human Rights Watch, corroborate the concerns raised by Gwenzi. These reports highlight the shrinking political space and the prevalence of political violence in Zimbabwe. The alignment of local and international assessments underscores the severity of the human rights situation and the need for urgent action.
Recommendations and the Path Forward:
Addressing the human rights crisis in Zimbabwe requires a concerted effort from various stakeholders. Key recommendations include:
- Ensuring the impartiality of state institutions, particularly the police and the judiciary.
- Promoting genuine commitment to non-violence from all political parties.
- Upholding the rule of law and ensuring equal application of justice.
- Strengthening peace-building mechanisms within communities.
- Enhancing international pressure and condemnation of human rights violations.
- Increased focus on victim support, including rapid response mechanisms, legal aid, psychosocial support, and medical assistance.
- Increased solidarity between civil society organizations, and democratic forces, to support human right defenders.
Conclusion:
The pre-election climate in Zimbabwe, as depicted by Gwenzi, paints a concerning picture of democratic backsliding and human rights violations. The erosion of civic space, the compromised integrity of state institutions, and the prevalence of political violence threaten the legitimacy of the electoral process and the broader democratic project. Addressing these challenges requires a commitment to upholding human rights principles, strengthening democratic institutions, and ensuring accountability for violations. Failure to do so risks further destabilizing the country and undermining the fundamental rights and freedoms of its citizens.
