The Zimbabwe Human Rights NGO Forum (the Forum) stands in solidarity with its fellow civic society organizations – the Zimbabwe Election Support Network (ZESN) and the Elections Resource Centre (ERC) following the arbitrary arrests of 39 ZESN and ERC staff members and volunteers who were arrested while conducting lawful, non-partisan election observation work.
The Forum, in addition to being a consortium of 21 civic-based organizations, also coordinates a total of 21 heads of civic society organizations and networks in the fight to defend and protect civic space in Zimbabwe to which ZESN forms an essential constituent. The Forum has also collaborated closely with the ERC in ensuring support of institutional election processes that are devoid of instances of organized violence and torture (OVT). The Forum therefore expresses deep concern over the needless raids of ZESN and ERC workspaces that ultimately resulted in the arbitrary arrest of the 39.
The arrest culminated in the seizure of a range of communication gadgets which included cellphones, laptops and modems on the basis that the group was congregating to collect and collate Zimbabwe’s 23 August 2023 Harmonised Elections poll results in preparation for the unlawful announcement of the election outcome. Resultantly, the 39 were charged with contravening section 66(A)(1)(a) of the Electoral Act [Chapter 2:13] which speaks to the offence of “purported publication of results prior to official announcement”. They were then held incommunicado from 2100hrs on 23 August until around midday on 24 August. During that time, in contravention of the constitution, they were unable to communicate with their spouses, relatives, legal practitioners, doctors or anyone else.
The Forum considers the arrest as an attempt to suppress transparency and accountability around the 2023 Harmonised Elections. The Forum remains perplexed by the drive behind the dragnet arrests when the Zimbabwe Electoral Commission (ZEC) encouraged parallel voter tabulation by independent bodies ahead of the by-elections last year. ZEC at the time averred that parallel voter tabulation would help counter claims of vote rigging by the elections management body.
The Forum notes with relief that the 39 were granted bail when they appeared before Deputy Chief Magistrate Ngoni Nduna on 25 August 2023. We however remain disheartened by the disturbing details that emerged from submissions made by their legal counsel about the nature in which their arrests were effected including how the group was made to lie down for three consecutive hours by AK assault rifle-wielding police officers. The terror they must have endured throughout this ordeal, with the youngest of them being just 19 years of age, is unimaginable. The Forum therefore hopes that their incarceration will not deter our peer organisations from continuing with their good work and efforts towards supporting democratic electoral processes and contributing to transparency around critical phases of the election through independent verification of election results, a practice that is observed globally.
Linked with electoral processes, the Forum and some of its member organisations have received distress calls from presiding officers, polling agents and some observers who are being targeted for the work that they did in the just-ended harmonized elections. While we note that ZEC has issued a statement refuting allegations of recalling polling officers and observers or victimising them due to their work, we note that if the allegations are true, then whoever is recalling these presiding officers, polling agents and some observers can only be someone with a sinister motive.
The Forum, in reiterating its unwavering solidarity with ZESN and ERC accordingly calls upon the Government of Zimbabwe, at this critical time in the country’s political landscape to:
- Immediately act to reaffirm its commitment to upholding and defending fundamental human rights and freedoms by abiding by the Revised SADC Principles and Guidelines for Democratic Elections which mandate member states to exercise political tolerance, ensure full participation of the citizens in the political process as well as respect, protect and fulfil the right to freedom of peaceful assembly and association of civic society organizations and citizens collectively;
- Openly condemn the conduct of the Zimbabwe Republic Police (ZRP) in its disproportionate use of force when conducting the raids and arrests and calling upon the ZRP to at all times be professional and non-partisan in character as mandated by section 219 of the 2013 Constitution of Zimbabwe and ultimately to
- End the unwarranted persecution of ZESN and ERC staff and volunteers by facilitating the full and unconditional dropping of charges against the arrested 39 individuals and the return of the equipment seized.
- Ensure that polling agents and observers are protected and are not victimized because of the work they carried out during the elections.