Zimbabwe: Conflict resolution and code of conduct

Updated January 2008

Until 2002 no code of conduct regulated the speech and actions of candidates and political parties during the election campaign period, but in that year the Electoral Supervisory Commission convened a series of all-party meetings to formulate a commonly agreed on code to govern the upcoming presidential elections. Because parties were unable to reach consensus an Electoral Code of Conduct for Political Parties ("Code") was published in the Government Gazette only the day before polling day (Zimbabwe Human Rights NGO Forum 2002). The same Code was appended virtually word-for-word to the Electoral Act in a 2004 amendment (Fourth Schedule), with the addition of a single clause.

The Electoral Act (Chapter 2:13, 160A-160D) sets up structures to manage conflict between political parties contesting any elections through the establishment and functioning of multiparty liaison committees which are tasked with dealing with enforcement of the Code laid out in the Fourth Schedule.

Multiparty liaison committees

After the close of nominations of candidates the Zimbabwe Electoral Commission (ZEC) is must appoint a national multiparty liaison committee for presidential and general elections, a multiparty liaison committee for each constituency where elections are contested and a multiparty liaison committee for each local authority (Electoral Act Chapter 2:13, 160B(1)). In the case of by-elections no national committee is established, nor are constituency committees established in constituencies which are uncontested during general elections.

The national committee consists of a ZEC Commissioner as chairperson, two representatives of each party contesting the election and, in the case of a presidential election, two representatives of any independent candidate (Electoral Act Chapter 2:13, 160B(2)(a)(i)). The national committee may include, by invitation of every party represented on the committee, any other person (Electoral Act Chapter 2:13, 160B(2)(a)(ii)). Constituency committees are similarly constituted, with a representative of the ZEC as chair, a representative from each party and any person invited by consensus (Electoral Act Chapter 2:13, 160B(2)(b)).

The functions of the committees are to (Electoral Act Chapter 2:13, 160C(1)):

Resolve problems relating to the electoral process and non-compliance with the Code.
Refer to the ZEC any problems relating to the electoral process.
Request the ZEC to mediate or appoint an independent mediator to resolve any problems relating to the electoral process.
Present to the ZEC any findings or recommendations relating to the electoral process.
Assist in implementing the Code.

The national committee has the additional functions of establishing provincial subcommittees, delegating functions to these subcommittee and superviseing the subcommittees (Electoral Act Chapter 2:13, 160C(1)(b)).

The decisions of these committees must be made by consensus (Electoral Act Chapter 2:13, 160D). There are no mechanisms provided for to enforce these decisions, nor are there any penalties attached to violations of the Code other than those established in ordinary law.

Code contents

The Code lays out as its objective "to promote conditions that are conducive to free and fair elections and a climate of tolerance in which electioneering activity may take place without fear or coercion, intimidation or reprisals" (Fourth Schedule, 1). Its provisions apply to parties, candidates, party members and supporters and candidates' agents (Fourth Schedule, 2).

Political parties must instruct its candidates, office bearers and representatives, members and supporters to adhere to the Code and electoral laws (Fourth Schedule, 3(a)). Candidates must likewise instruct representatives and supporters to comply with the Code and with electoral laws (Fourth Schedule, 3(b)). Parties and candidates are expected to enforce compliance (Fourth Schedule, 3(c)).

Parties and candidates are expected to publicise the Code and their commitment to it, to publicly condemn behaviour that undermines free and fair elections, to accept the results of the elections or to challenge them by legal means and to publicly affirm the right of all to (Fourth Schedule, 4):

Freely express their political beliefs and opinions.
Challenge and debate the political beliefs and opinions of others.
Canvass freely for membership and support.
Attend public meetings convened by others.
Distribute campaign material.

Political parties and candidates are expected to cooperate with (Fourth Schedule, 5):

Other parties to minimise conflict, especially by not calling public events that conflict with those organised by other parties or candidates.
ZEC officials to "protect and enhance their role to supervise and administer elections".
Police officers in maintaining peace.

Political parties and candidates as well as members and supporters are prohibited from (Fourth Schedule, 5):

Harming or threatening others.
Language or deeds that provoke violence or intimidation.
Publishing defamatory allegations about other participants.
Discriminating on the basis of race, ethnicity, sex, gender, class or religion.
Damaging property, including posters, banners or other material.
Preventing or inhibiting access to meetings or to voters during campaigning.
Carrying weapons at public political events.
Bribing or threatening voters.
Coercing voters to reveal whom they voted for.
Disrupting the work of election officials.
Campaigning within 200 metres of a polling station or counting centre.

References

ELECTORAL ACT (CHAPTER 2:13), incorporates all amendments until 17 March 2008, [www] http://aceproject.org/ero-en/regions/africa/ZW/zimbawe-electoral-act-2008 [PDF document, opens new window] (accessed 10 Mar 2010).

ZIMBABWE HUMAN RIGHTS NGO FORUM 2002, Human Rights and Zimbabwe's Presidential Election: March 2002, A Special Report by the Research Unit, May, [www] http://www.hrforumzim.com/special_hrru/Special_Report_4_2002%20Election/SR_06.htm [opens new window] (accessed 26 Feb 2010).