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These regional standards and principles provide a political, media, administrative and legislative framework for conducting free and fair elections. Under the SADC-PF and ECF/EISA guidelines, SADC Member States have the duty to strictly adhere and protect the sanctity of the freedom of association and expression and the existence on an independent media regulator respectively. Contrary to the agreed electoral principle of equal and free
access to state owned media for all political parties and candidates; access by opposition and civic society has remained skewed with the Media Monitoring Project recording many incidences of blatant biased reporting. State media employees have been further harassed by their employer for showing any signs of sympathizing with the opposition.

Further to the build up to the elections, hate messages targeting the opposition have intensified with the net effect of inflaming ill feeling and in some cases violence against opposition supporters. Statements from Security forces leadership threatening citizens and the opposition have been conveniently amplified by the state media to instill fear in ordinary Zimbabweans.

It is MISA’s position that any electoral process characterized by biased and unethical reporting, intimidation and legal gags placed on the media can not pass the test of being free and fair no matter that the actual voting process might seem free and fair. The legislative environment in which the Zimbabwe 2008 elections are taking place falls short of meeting the minimum basic principles of democracy; free speech, judicial independence and diversity of ideas.

The SADC Principles and Guidelines Governing Democratic Elections explicitly states that a constitutional and legal framework guaranteeing fundamental freedoms and human rights; an independent and impartial electoral body are primary and prerequisite to holding free and fair elections.

Noting the above issues, in line with the deteriorating economic and social conditions of Zimbabwe leaves many wondering how an election process in such an environment of want and need can be free and fair. It is only fair to conclude that any free and fair election cannot exist in a situation where rural communities are given a choice of receiving food in exchange for their vote, where free expression is muffled and criminalized, where access to public information is inaccessible, where the state media are adept of any diversity and where access to a polling station may not be feasible for the millions of resource strapped electorate.

While these issues have been ignored by the ZEC and the Zimbabwean government, they have a direct effect on the validity, free and fairness of these elections.MISA stands to conclude that with such a fraudulent legislative and deteriorating political, economic and civil rights, the Zimbabwean elections of March 29 2008 will not be free and fair.

Kaitira Kandjii
REGIONAL DIRECTOR
MISA REGIONAL SECRETARIAT

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