Resolution from Pre-ACHPR NGO Forum in Swaziland

RESOLUTION ON ZIMBABWE

We the participants gathered at the Forum on the Participation in the 43rd Ordinary Session of the African Commission on Human and Peoples' Rights, held in Ezulwini, Kingdom of Swaziland, from 3-5 May 2008:

Mindful of the important progress made by the African Union through its adoption in 2002 of the Declaration on the Principles Governing Democratic Elections in Africa which provides therein that "the holding of democratic elections is an important dimension in conflict prevention, management and resolution";

Encouraged by the adoption of the African Charter on Democracy, Elections and Governance in January 2007;

Worried by the reluctance of State Parties to ratify this critical document in order to ensure that it urgently comes into force;

Recalling the obligation contained in the African Charter on Human and Peoples' Rights to take into account other regional and international human rights instruments, including the SADC Principles and Guidelines Governing Democratic Elections;

Disturbed by the recent negative developments in various countries on the continent which have failed to peacefully manage election and transitional processes;

Concerned by the deteriorating human rights situation in Zimbabwe following elections held on 29 March 2008;

Noting with regret the failure by the government of Zimbabwe to observe the provisions of the Resolution adopted by the African Commission on Human and Peoples' Rights in November 2007;

Even more gravely concerned by the escalating political violence and internal displacement and their negative impact in the context of a possible second election in Zimbabwe which, by law, must be held on or before 24 May 2008;

Noting that the recommendations of the 2002 Fact-Finding Mission of the African Commission on Human and Peoples' Rights, if they had been implemented by the State, would have averted the current crisis;

WE THE PARTICIPANTS HEREBY CALL UPON THE ACHPR TO RECOMMEND TO THE AU AS FOLLOWS:

In respect of the current situation in Zimbabwe, we the participants call on the ACHPR:

* 1. to constitute as a matter of urgency and in any case not later than the date of the elections run-off, a Fact-Finding Mission including all or a number of the following Special Rapporteurs and Working Groups: Human Rights Defenders, Freedom of Expression, Women in Africa and Refugees, Asylum Seekers, and Internally Displaced Persons, and Torture and Other Forms of Cruel, Inhuman and Degrading Treatment, to visit Zimbabwe and investigate the escalating political violence, internal displacement and other ongoing human rights violations. This investigation should include an investigation of the reasons for lack of compliance of the State with the recommendations of the Commission's 2002 Fact-Finding Mission to Zimbabwe.

* 2. That, bearing in mind the possibility of a second election on or before 24 May 2008, the African Commission on Human and Peoples' Rights urgently issues a public statement and/or resolution which addresses the following matters of concern:
* a) The impact of the delay by the Zimbabwe Electoral Commission (ZEC) in announcing the results of the presidential election on its general acceptance as a true reflection of the will of the people.
* b) That, in the event that the two presidential candidates agree to contest a second election, the following minimum requirements must be adhered to in order to contribute to a credible, free and fair election:
* (i) Immediate cessation of all forms of political violence in Zimbabwe, especially at the local community level, by all state actors and non-state actors acting with the acquiescence of the state.
* (ii) Immediate public statements by the commanders of all security forces and law enforcement agents (military, police, prisons and intelligence services) and relevant ministers denouncing violence, instructing their subordinates to cease all violence and assuring voters that they will be protected regardless of political affiliation.
* (iii) Immediate and unlimited access to all victims of political violence by lawyers, medical practitioners, humanitarian organizations and other groups to provide emergency and ongoing support services and a state assurance of their safety during the entire period of the second election.

* (iv) An immediate and public guarantee by the Minister of Justice, Legal and Parliamentary Affairs, of the institutional and individual independence of the judiciary, especially the judges of the Electoral Court so that they can carry out their constitutional functions without fear or favour.
* (v) The immediate entry into Zimbabwe of expanded regional and international observer missions, especially those of SADC, COMESA, PAP, AU and the UN, who will be allowed full access to all areas of the country, and who can ensure, amongst other things, that the Zimbabwe Electoral Commission (ZEC), through its officers on the ground at each and every polling station, is able to perform its constitutional functions transparently and without fear or favour.
* (vi) The immediate cessation of arrests of ZEC presiding officers and other election officers, the withdrawal of all charges against those already arrested, and their immediate release from detention.
* (vii) A public undertaking and order to all law enforcement agents by the Minister of Home Affairs and the Commissioner-General of Police that ZEC officers will not be targeted and their safety and security will be guaranteed during the second election and in the aftermath thereof.
* (viii) The immediate cessation of attacks on civil society organizations and individuals working therein, including media practitioners and all other human rights defenders, especially those involved in human rights, electoral and civic education activities, by state actors and non state actors acting with the acquiescence of the state.

* (ix) Assurance that all local observers will be allowed to continue with their observation obligations as stipulated by law and increase their numbers of accredited observers if they feel it is necessary, to ensure state compliance with electoral and international law and procedure at all times, especially, but not limited to, the Zimbabwe Election Support Network and its member organizations.
* (x) Strict compliance by the authorities with the Constitution of Zimbabwe, the Electoral Act, and international election standards, especially as regards the time frame within which the election run off has to be conducted, the posting of results outside polling stations immediately after counting and tabulation and the timely announcement of results.
* (xi) Zero tolerance on any amendments of the law relating to the electoral process through the use of presidential powers or by any other means at any time prior to the second election.
* (xii) Immediate and equal access by both presidential candidates and their representatives to the publicly-owned media (print and electronic) and immediate cessation of inciting hate speech and propaganda, false information, et cetera.

ADDITIONAL GENERAL RESOLUTION BY NGOS ON ZIMBABWE

We the participants having taken note with disappointment that the UN Human Rights Council has just finished a session in Geneva in March 08 and that the grave situation in Zimbabwe did not feature prominently in the Council agenda hereby strongly recommend that the UN Human Rights Council considers holding a special session on Zimbabwe to avert what the UN Human Rights Commissioner has rightly identified as potential disaster unfolding in Zimbabwe.