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DECLARATION I, Gabriel Shumba, Do Hereby Declare That This Research Is 1 DECLARATION I, Gabriel Shumba, do hereby declare that this research is my original work and that to the best of my knowledge and belief, it has not been previously in its entirety or in part been submitted and is not currently being submitted either in whole or in part at any university for a degree or diploma, and that all references are acknowledged. SIGNED on this __________ ___day of ______________________ ________2002. ________________________ Gabriel Shumba (Candidate) I, Edward Kofi Quashigah, supervisor hereof, have read this work and approved it for partial fulfillment of the requirements for Masters of Law Degree (Human Rights and Democratisation in Africa) of the University of Pretoria, South Africa. Signed this ___ day of ____________ 2002 ____________ _____________ Edward Kofi Qushigah (Supervisor) 2 DEDICATION 1. Daniel Rusere Chikambure Shumba: Carry on, Inspirational Father. 2. Retinah Rusere Chikambure Shumba: Chengetai Vana Hovedzainda. 3. Mai na Remedzai Neridah (Kitsi) Shumba: Your support and loyalty are unparalleled. 4. Mrs S Mantiziba: Without you, I wouldn’t be writing this. 5. Mary Austin & John Ayton: Mom and Dad in deed. 6. Bethel, Mordekai and Bishop Shumba: Where there is a will, there is a way. 7. Togwirei (Mushavi) Ruzengwe, Learnmore Jongwe: (In ideas: Enemies cum friends) - You left me a torch I will try to hold untiringly high: Human rights for Zimbabwe. 3 ACKNOWLEDGMENTS I am enormously indebted to Professors Frans Viljoen, Michelo Hansungule and Christoff Heyns, of the Centre for Human Rights, University of Pretoria, for the enormous support they extended to me throughout the Course. Special mention also goes to Doctor David Padilla, Norman Taku, Lirette Louw and Martin Nsibirwa for great friendship. I also extend my sincerest acknowledgement to Professor Edward Kofi Quashigah, Co- ordinator of the Human Rights Study Centre, University of Ghana, for invaluable criticisms, suggestions and comments that made the writing of this thesis possible. In addition, I owe a debt of gratitude to the LLM 2002 class for not only offering friendship and smiles even when they felt like snapping under the pressure of the course, but also their selfless and untiring academic motivation. Notably, those that deserve special mention are colleagues Kealeboga Nkebo Bojosi, Tshepo Madlingozi, Lee Stone, Rachel Irura, Allehone Mulugeta, Daniel Ketema, George Buadi, Mmatsie Mooki and Justine Begumisa. 4 LIST OF ABBREVIATIONS ACHPR……………………...AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS. ACHPR………………………AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS. AU…………………………... AFRICAN UNION. CERD………………………..CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION. ECOWAS……………………ECONOMIC COMMUNITY OF WEST AFRICAN STATES. ICCPR………………………..INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS. ICESCR……………………...INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS. CPRW………………………..CONVENTION ON THE POLITICAL RIGHTS OF WOMEN. NEPAD………………………NEW PARTNERSHIP FOR AFRICA’S DEVELOPMENT. NGOs………………………...NON-GOVERNMENTAL ORGANISATIONS. OAU………………………….ORGANISATION OF AFRICAN UNITY. OSCE………………………..ORGANISATION OF SECURITY AND CO-OPERATION IN EUROPE. SADC…............................…SOUTHERN AFRICAN DEVELOPMENT COMMUNITY. UDHR………………………..UNITED NATIONS DECLARATION ON HUMAN RIGHTS. UN……………………………UNITED NATIONS. UNHR………………………..UNITED NATIONS CENTRE FOR HUMAN RIGHTS. UNHRC……………………...UNITED NATIONS HUMAN RIGHTS COMMITTEE. ZHRF………………………...ZIMBABWE HUMAN RIGHTS NGO FORUM. ZBC…………………………..ZIMBABWE BROADCASTING CORPORATION. ZNA…………………………..ZIMBABWE NATIONAL ARMY. ZLWVA………………………ZIMBABWE LIBERATION WAR VETERANS 5 ASSOCIATION. TABLE OF CONTENTS DECLARATION....................................................................................................... I DEDICATION.......................................................................................................... II ACKNOWLEDGEMENTS ....................................................................................... III LIST OF ABBREVIATIONS..................................................................................... IV CHAPTER ONE: GENERAL OVERVIEW 1 GENERAL INTRODUCTION ........................................................................ ..1 1.1 INTRODUCTION AND JUSTIFICATION ...................................................... ..1 1.2 RESEARCH QUESTIONS/HYPOTHESIS................................................... ..2 1.3 AIMS AND OBJECTIVES ............................................................................ ..3 1.4 CONTEXT OF THE STUDY.......................................................................... ..3 1.5 SCOPE AND LIMITATION OF THE STUDY ................................................ ..4 1.6 RESEARCH METHODOLOGY..................................................................... ..5 1.7 LITERATURE REVIEW................................................................................. ..5 1.8 THEORETICAL FRAMEWORK AND HISTORICAL OVERVIEW ................ ..7 1.8. I OVERVIEW……………………………………………………………………….…..7 1.8.II DEVELOPMENT OF THE RIGHT TO VOTE IN THE UNITED STATES…...…7 1.8.III THE FRANCHISE AND FRANCE………………………...…………………..…..8 1.8. IV EVOLUTION OF THE VOTE IN THE UNITED KINGDOM…………………....9 1.9 OBSERVATIONS………………………………………………………………….10 1.10 CONCLUSION……………………………………………………………………..10 CHAPTER TWO: THE ELECTORAL STANDARDS 2.1 INTRODUCTION............................................................................................ 11 2.2 WHY ELECTIONS? THE PRINCIPLE OF SELF-DETERMINATION……….11 6 2.3 SOVEREIGNTY AND ELECTIONS……………………………………………..12 2.4 THE INTERNATIONAL RULES REGULATING ELECTIONS….…………….13 2.5 THE REGIONAL PROVISIONS FOR ELECTIONS……………………………13 2.6 OBSERVATIONS……………………………………………………….………….14 2.7 THE AFRICAN UNION (AU) AND ELECTORAL STANDARDS…….………..14 2.8 SADC/ECOWAS AND ELECTIONS……………………………………….…15 2.9 CONCLUDING REMARKS……………………………………………………16 CHAPTER THREE: COMMON PRICIPLES AND TERMS 3.1 INTRODUCTION............................................................................................. 17 3.2 THE NOTION OF FREE AND FAIR ELECTIONS………………………………. 6 3.3 THE SECRECY OF THE BALLOT………………………………………………..19 3.4 TRANSPARENCY AND ELECTIONS............................................................. 19 3.5 THE PRINCIPLE OF UNIVERSAL SUFFRAGE ............................................. 19 3.6 THE PRINCIPLE OF EQUAL SUFFRAGE………………………………………20 3.7 CONCLUSION…………………………………….…….…………………………. 21 CHAPTER FOUR: THE PRE-ELECTION ARRANGEMENT 4.1POLITICAL BACKGROUND 4.1.I INTRODUCTION 4.1. II THE POLITICAL HISTORY OF GHANA……………………………………….. .22 4.1.III POST-INDEPENDENCE POLITICS……………………………………………...23 4.1. IVTHE RAWLINGS PHASE AND LATER DEVELOPMENTS……..……….…....23 4.2.I ZIMBABWE: POLITICAL BACKGROUND………………………………………23 4.3 THE LEGAL REGIME FOR THE ELECTIONS…………………………………...24 4.3.I ZIMBABWE’S CONSTITUTION………………………………………………..….24 4.3.II ZIMBABWE’S ELECTORAL ACT (THE ACT)……………………………………26 4.3. IIITHE ELECTION DIRECTORATE (ED)………………………………………..…26 4.3.IV THE ELECTORAL SUPERVISORY COMMISSION (ESC)……………………27 7 4.3. V CHANGES TO THE ELECTORAL LAW…………………………………………28 4.3.VI THE GENERAL LAWS AMENDMENT ACT (GLAA)…………………………...28 4.3.VII EVALUATION…………………………………………………………...29 4.4 THE LEGAL REGIME FOR ELECTIONS IN GHANA……………………29 4.4.I THE PRESIDENCY AND THE CONSTITUTION………………………………29 4.4.II COMPOSITION OF THE ELECTORAL COMMISSION (EC)…………30 4.4.III FUNCTIONS OF THE COMMISSION………………………………………..30 4.4.IV INDEPENDENCE OF THE EC……………….…………………….……31 4.5 EVALUATION…………………………………………………………………….32 4.6 THE PRE-ELECTION SCENARIO………………………….………….32 4.6.I.1 VOTER EDUCATION: ZIMBABWE……………………………..…………….32 4.6. I.2 ZIMBABWE AND VOTER REGISTRATION…….………………….………..33 4.6.II.1 VOTER EDUCATION: GHANA…………………………………….………..35 4.6.II.2 REGISTRATION: GHANA………………………………………….……......36 4.6.III EVALUATION…………………………………………………………….…….37 CHAPTER FIVE: THE ELECTIONS AND FUNDAMENTAL FREEDOMS: THE CAMPAIGN PROCESS 5.1 INTRODUCTION…………………………………………………………...………38 5.2 RIGHTS TO EXPRESSION, SPEECH AND INFORMATION: ZIMBABWE..38 5.3 INFORMATION AND EXPRESSION: GHANA……….……………...…………39 5.4 EVALUATION………………………………………………………………………40 5.5 FREEDOMS OF ASSOCIATION, ASSEMBLY AND MOVEMENT…………..41 5.5.1INTRODUCTION………………………………………………..…………..41 5.5.2 THE FREEDOMS IN THE CONTEXT OF ZIMBABWE………………41 5.5.3 ASSOCIATION, ASSEMBLY AND MOVEMENT IN GHANA………..42 8 5.5.4 VIOLENCE/INTIMIDATIONDURINGTHEZIMBABWE ELECTION….…..….43 5.5.5 GHANA: VIOLENCE AND INTIMIDATION……………………………………44 5.6 CONCLUSION………………...……………………………….………………….45 CHAPTER SIX: POLLING, POST-ELECTION AND RECOMMENDATIONS 6.1 INTRODUCTION…………………………………………………………………..46 6.2 ELECTION OBSERVERS/MONITORS: ZIMBABWE ELECTION………….46 6.3 POLLING DAY IN ZIMBABWE………………………………………………….46 6.4 RESULT ACCEPTANCE AND POST-ELECTION SCENARIO……………..47 6.5 ELECTION OBSERVERS IN GHANA…………………………………….……48 6.6 THE POLLING DAY IN GHANA…………………………………………….…..48 6.7 RESULT ACCEPTANCE AND POST ELECTION GHANA……………….…49 6.8 OVERALL ANALYSIS: POINTS OF DEPARTURE………………………….49 6.8.I THE LACK OF TRANSPARENCY IN ZIMBABWE…………………………...49 6.8.II THE LAND ISSUE IN ZIMBABWE……………………..…………..…………50 6.9 CONCLUSION…………………………………………..……………………….51 6.10 RECOMMENDATIONS……………………………..….………………..51 BIBLIOGRAPHY………………………………………….……………………...53 Annex 1: Extracts from selected international instruments on elections.…53 Annex 2: List of Deaths.………………………………………………………...54 9 CHAPTER ONE: GENERAL OVERVIEW 1 GENERAL INTRODUCTION 1.1 Introduction and justification This study is a comparative analysis of how free and fair recent presidential elections
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