Human Rights Watch calls for withdrawal of draft Electoral Commission Bill

Human Rights Watch (HRW) has called for the withdrawal of Zimbabwe's draft Electoral Commission Bill, arguing that the proposed legislation is "flawed" and needs to be "appropriately reviewed". The New York-based rights group said that while the establishment of an electoral commission was a "step in the right direction", the bill lacked key provisions that would ensure the independence of the commission during general elections in March next year. The bill is currently being debated in parliament. HRW said in a briefing paper on Thursday that, in at least four key ways, the provisions fell short of the benchmarks for democratic elections recently agreed by the Southern African Development Community (SADC), of which Zimbabwe is a member. It noted that the bill failed to "adequately restrict" top party officials from being appointed as commissioners, and provided opportunities for government meddling in the work of the electoral authority. The rights group urged the greater involvement of groups "outside the presidency and ruling party" in the appointment process, recommending that "ministerial interventions in the operations of the commission should be removed, and the commission should be made responsible only to parliament". The main opposition Movement for Democratic Change (MDC) has also objected to the proposed law, noting that it was a "serious deviation" from the SADC agreement. MDC legal affairs secretary David Coltart told IRIN that so far, efforts to "dilute" the bill had been unsuccessful. "There has been no progress at all in getting any of the crucial elements of the bill changed. The provisions allow for handpicked appointments and is largely left open to government interference." He noted that the MDC this week had managed to push through a "few amendments", such as: at least two women will sit on the envisaged electoral commission; and only after exhaustive investigation and proof that they are guilty of misbehaviour can commissioners be removed from office. Coltart said there was ongoing concern that the provisions governing voter education had infringed the SADC Principles and Guidelines by giving the commission far-reaching powers in this area. "According to the bill, only the commission and political parties would be able to conduct voter education. Under the bill, the commission can force anyone providing voter education (other than a political party) to furnish it information, including funding sources. If they fail to comply they could be liable to a fine or to up to two years of imprisonment. This is in complete violation of the constitution, which enshrines the freedom of expression and association," Coltart commented. The official Herald newspaper reported that Minister of Justice Patrick Chinamasa had said the bill barred organisations involved in voter education from receiving foreign donations, because some NGOs were diverting funds meant for development to projects aimed at undermining the government. President Robert Mugabe has accused local and international NGOs of siding with the opposition and fomenting anti-government sentiment. A draft Non-Government Organisation Bill effectively bans foreign NGOs from operating in Zimbabwe if their work involves issues of governance, and prohibits local NGOs from accepting foreign funding or donations. The NGO bill passed the second reading stage after parliament threw out an adverse report that had been issued by the Parliamentary Legal Committee on the constitutionality of the bill. The bill defines "issues of governance" as including "the promotion and protection of human rights". Coltart said: "We had hoped that the government would concede that its definition of 'governance issues' was too broad and would have far-reaching effects on the humanitarian aid groups who inadvertently deal with rights issues such as housing and health. But it seems that the bill will go through as is." Political analyst John Makumbe said that the new law would have a "devastating" effect on the most vulnerable among the population. It is estimated that 30,000 NGO employees will be out of work as a direct result of the legislation. "A further worry is that the NGOs were feeding and clothing the most needy - a task which was supposed to be undertaken by the government. A lot of foreign currency in circulation was due to the presence of these international NGOs, but this will also dry up," Makumbe told IRIN.