and their spouses. The Complainant avers that since the Victims do not fall within this category, they were denied their right to vote in the referendum. Articles alleged to have been violated 5. The Complainant alleges violations of Articles 2, 3, 9 and 13 (1) of the African Charter on Human and Peoples’ Rights (the African Charter). Prayers 6. The Complainant requests the African Commission on Human and Peoples’ Rights (the Commission) to: Procedure i. Find the Respondent State in violation of Articles 2, 3, 9 and 13 (1) of the African Charter; and ii. Urge the Respondent State to amend the Constitution of the Republic of Zimbabwe and the Electoral Act to guarantee the rights of the Victims to vote from abroad. 7. The Complaint was received at the Secretariat on 27 December 2012, and the Secretariat acknowledged receipt of the same on 15 January 2013. 8. At its 12th Extraordinary Session, held from 18 – 25 February 2013 in Banjul, The Gambia, the Commission decided to be seized of the matter. The Commission also decided to issue Provisional Measures of its own initiative in accordance with Rule 98(1) of its Rules of Procedure, requiring the Respondent State to: i. Allow all eligible Zimbabweans living abroad to vote in the Referendum of 16 March 2013, whether or not they are in government service or not, and at the general elections immediately following the referendum, pending a determination of the Communication; ii. Provide all eligible voters, including the Victims in this Communication, the same voting facilities it affords to Zimbabweans working abroad in service of the Government; and iii. Take measures to give effect to its obligations under Article 1 of the African Charter including in areas of free participation in Government. 2