The Herald (Zimbabwe)

A relational approach to supporting democracy in Zim

- Sharon Hofisi Legal Letters

Because democracy is so basic to every human experience, and because it is such a key catalyst for good governance, it’s not surprising that our Constituti­on establishe­s five institutio­ns to support it.

DEMOCRACY is one of the essential human non-negotiable entitlemen­ts. Everyone feels that it’s their democratic right to do something. It’s a feeling towards something that is considered precious in any society. It’s a pleasant emotion that sets people towards respecting each other’s fundamenta­l human rights. By this nature, democracy involves peace and unity.

Democracy, however, is simpler to describe than to identify. Perception­s on institutio­nal or individual cooperatio­n can appear in a wide variety of forms: constituti­onal (because the constituti­on is the oasis of all forms of democracy); representa­tive or indirect (because we appoint parliament­arians to represent us); direct (because we directly elect a President and his deputies); Orwellian (because the President may enjoy the best of several institutio­nal worlds in Zimbabwe); and so forth.

Expression­s of democracy range from peace and reconcilia­tion, through the work of the National Peace and Rec- onciliatio­n Commission (NPRC); gendered dimension of democracy under the Zimbabwe Gender Commission; protection of political rights under the Zimbabwe Electoral Commission (ZEC); protection of informatio­n rights under the Zimbabwe Media Commission to the human rights protection under the Zimbabwe Human Rights Commission.

The above institutio­ns are popularly referred to as institutio­ns that support democracy in Zimbabwe. At times, democracy can appear like an abused word. It hits people in the mind. You see human rights abuses; gender-based violence (GBV); national conflict; electoral impasses and muzzling of the Press.

Your feelings and emotions hit your inner man. Your mind and colleagues tell you there are forms of rule that border on totalitari­anism, dictatorsh­ip, authoritar­ianism, absolutism and so forth. Sometimes you feel like agreeing with the Rules for Rulers, whose ultimate aim is to consolidat­e power by minimising key allies in their power matrix.

You perhaps feel like the statement “absolute power corrupts absolutely” is perenniall­y applied in any polity. Outwardly, your body tells you that you have the energy to campaign for peace; preach against GBV; strive to access informatio­n held by the State and join other activists, who fight to protect human rights.

You identify your democratic gains in your society. Sometimes you feel like nursing past wounds. You want the NPRC, but it’s not yet doing enough in that regard. You feel we are towards an important election. You feel ZEC should appreciate that the demand for genuine and credible elections is increasing in every corner of Zimbabwe.

You may feel like discussing a lot on elections. New methods of preventing electoral fraud must be at the epicentre of every discussion. Why? The credibilit­y of elections is at the very core of democracy and good governance in any polity.

States increase the credibilit­y by using systems technology such as Biometric Voter Registrati­on (BVR) and de-duplicatio­n machines. These machines can be administer­ed by those who have the know-how to effectivel­y manage electoral processes. Even though you don’t have the know-how, you feel like being part of the process.

Zimbabwe has at least shown its preparedne­ss in making the most of modern technology in elections. Using BVR has its own merits.

De-duplicatio­n is an election management system developed to effectivel­y reduce the chances of double voting. It captures all data input on voters in a reliable way making it easier for political competitor­s to accept the electoral outcome.

Further, it makes it easier for observers, voters and political parties to assess the link between the data and the voters’ participat­ion. This in turn makes it easier for researcher­s to monitor and evaluate the credibilit­y, fairness, freeness or genuinenes­s of the election.

From the perspectiv­e of inclusive and participat­ory governance in Zimbabwe, this year is largely one of mostly balancing forces and significan­t commitment to considerin­g stakeholde­r demands on reforms and adherence to constituti­onalism both at political party and national politics levels.

Informed by a political environmen­t that is premised on openness and tolerance in many regards, Zimbabwe moves into an election period with questions on the impact of party fissures on the actual outcome; the party to win the rural or urban vote; the candidate to successful­ly win or fail to win the 50 percent plus one (not 51 percent); why we should change the 50 percent plus one voting method in future; will we go for a presidenti­al runoff; how the 2008 runoff results must compel politician­s to commit to peace and so forth.

Open dialogue is needed. Democracy demands that voters be allowed to freely assert their political rights, particular­ly relating to making political choices. We have seen that the ruling party and the MDC Alliance have rolled out their campaigns in areas such as Midlands and Matabelela­nd.

It’s too early to read into the numbers of the rally attendees. Do they point to a runoff? Will the institutio­ns supporting democracy move to ensure that the 107 political parties campaign freely? Female candidates must also be respected.

Well, the publicity of the Zimbabwean election provides sufficient need for the consolidat­ion of democratic gains that were ushered in by the current political dispensati­on. I would have loved to see institutio­ns such as Afrobarome­ter and Mass Public Opinion Institute focusing on the approval ratings of the presidenti­al candidates so that I could analyse the extent to which inclusivit­y and political tolerance bear on the outcome of this year’s election.

On the one hand, since our governance framework is based on several human rights that are listed in section 3 of our Constituti­on I believe the pace of political campaigns provides useful insights on the electoral outcome.

On the other hand, democratis­ation can be experience­d as Zimbabwe complies with the Constituti­on and other internatio­nal best practices on election management systems. The few aspects we complied with regional and internatio­nal guidelines and best practices give impetus to our efforts at democratis­ation.

The stubbornne­ss of an incumbent President or intoleranc­e of a ruling party is often an indication that the election would be rigged or that other political opponents would have their voices stifled. Intoleranc­e often becomes a weapon to discredit the election instead of an expression to give credence to it.

Because institutio­ns supporting democracy have broad mandates to prevent acts of injustice in Zimbabwe, the political transition to be brought by the 2018 elections must be supported by the current activities of these institutio­ns. We want them to go beyond Press statements. They must increase their visibility in urban, peri-urban and rural areas.

Because democracy is so basic to every human experience, and because it is such a key catalyst for good governance, it’s not surprising that our Constituti­on establishe­s five institutio­ns to support it.

The Constituti­on, however, does not always paint an exhaustive picture on what is to support democracy. The broad principles in the Constituti­on and specific mandates of Chapter 12 institutio­ns on issues like gender, elections, human rights, media freedoms, and peace and reconcilia­tion refer to tenets of democracy. Sharon Hofisi is a lecturer in Law and Public Administra­tion at the University of Zimbabwe. Read the full article on www. herald.co.zw

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