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Zimbabwe: Test for African Responsibility
AfricaFocus Bulletin
Aug 14, 2004 (040814)
(Reposted from sources cited below)
Editor's Note
"The Zimbabwean situation of starvation and malnutrition, willful
political violence and intimidation, and the immoral use of food
aid by the Zimbabwean government demands stronger and transparent
intervention by African governments through the AU [African Union]"
- Southern African Catholic Bishops' Conference (SACBC)
In a statement issued last week, quoted in the press release below,
the bishops called for international institutions, including the
United Nations, the AU, and the regional Southern African
Development Community (SADC) to take stronger action on the
pressing crises in both Zimbabwe and Sudan.
The two crises differ substantially in their particulars, but both
pose formidable challenges to the credibility of African as well as
global institutions. It is now widely accepted in principle, as
advocated by African and international civil society activists,
that responsibility for responding to humanitarian and human rights
crises of such magnitude extends beyond the borders of the country
involved. The engagement of regional African institutions in
peacekeeping and mediation of conflicts has significantly increased
in recent years. But to date the records of southern African
governments on Zimbabwe, and of the continent's leaders on Sudan,
give little sign that effective action will overcome inertia and
the tendency to avoid confrontation with regimes responsible for
crimes against their own population.
This AfricaFocus Bulletin contains several recent
documents from southern Africa on human rights abuses and
humanitarian crisis in Zimbabwe. The web version of this bulletin
(http://www.africafocus.org/docs04/zim0408.php) also contains
earlier additional background documents of continued
relevance, not included in the e-mailed Bulletin
for reason of length.
Increasingly, the Zimbabwean government is making it more difficult
for international agencies as well as NGOs even to engage in
humanitarian operations. A report released by Human Rights Watch on
August 13 week focused on government-created obstacles to food aid
(http://www.hrw.org/english/docs/2004/08/12/zimbab9230.htm).
For additional coverage of Zimbabwe from a human rights
perspective, see http://www.kubatana.net and
http://www.zimbabwewatch.org. Documents without a website
identification below can be found on these sites. Additional
background and analysis, including earlier issues of AfricaFocus
Bulletin, can be found at
http://www.africafocus.org/country/zimbabwe.php
For background on Sudan, including recent issues of AfricaFocus
Bulletin, see http://www.africafocus.org/country/sudan.php
++++++++++++++++++++++end editor's note+++++++++++++++++++++++
Southern Africa: SADC Leaders Under Pressure to Discuss Zimbabwe
UN Integrated Regional Information Networks
http://www.irinnews.org
August 12, 2004
Johannesburg
Southern African leaders are under mounting pressure from
pro-democracy groups to take action against alleged repression in
Zimbabwe ahead of a regional summit in Mauritius next week.
As Zimbabwean NGOs finalise plans to possibly make a submission to
Southern African Development Community (SADC) leaders in Mauritius,
the Southern African Catholic Bishops Conference this week called
on the region to "take stronger action, including the consideration
of targeted sanctions, to prevent further suffering" in Zimbabwe.
"The Zimbabwean situation of starvation and malnutrition, wilful
political violence and intimidation, and the immoral use of food
aid by the Zimbabwean government demands stronger and transparent
intervention by African governments through the AU [African
Union]," the bishops said in a statement.
"With more than three million people displaced as a result of the
crisis in Zimbabwe, a generation of exiles and refugees has been
created. This situation cannot be allowed to continue - the
government of Zimbabwe must care for its own people."
The bishops added that "strong measures must be taken by the
international community to ensure a meaningful and honest election
in Zimbabwe in 2005, especially through sustained independent
international and regional monitoring of the pre-election process
as a prerequisite for validating the election itself".
Rights group Amnesty International (AI) said its members in
Southern Africa had written to their country's leaders, "calling on
them to publicly and jointly condemn the government of Zimbabwe for
its violation of human rights".
"The letters denounce a series of grave human rights abuses in
Zimbabwe, including: repressive laws that are used to criminalise
peaceful gatherings, as well as shut down independent media outlets
and NGOs; government moves to end international food aid
distribution, despite independent warnings that millions of
Zimbabweans will need food aid in the coming year; systematic
government attacks on the independence of judges and lawyers; and
failure to investigate widespread allegations of torture and
ill-treatment, including rape, committed by security forces and
'youth' militia," AI said in a statement on Thursday.
"Evidence suggests that an escalation in repression in Zimbabwe is
already underway, ahead of parliamentary elections. We are urging
SADC leaders to use this summit to demonstrate their commitment to
protect human rights and to hold governments accountable in the
SADC region," AI said.
Zimbabwe's Non-Governmental Organisations (NGOs) Bill, if passed by
parliament, will cut off donor funding to local civil society
groups involved in governance and human rights issues and give
government greater control over their operations.
At the opening of parliament on 20 July, President Robert Mugabe
confirmed that a new bill governing the operation of NGOs would be
introduced to replace the Private Voluntary Organisations Act. AFP
quoted Mugabe as saying that "NGOs must work for the betterment of
our country and not against it".
"We cannot allow them to be conduits or instruments of foreign
interference in our national affairs," Mugabe reportedly said,
adding that the new bill would "ensure the rationalisation of the
macro-management of all NGOs".
Brian Kagoro, chief executive of the Crisis in Zimbabwe Coalition,
a group of pro-democracy NGOs, had earlier told IRIN that the
proposed NGO bill would make it illegal for civic groups to
continue to operate as trusts answerable only to boards of trustees
and members.
On Thursday he said local NGOs were still considering whether or
not to send representatives to Mauritius with the intention of
lobbying SADC leaders, as they believed the NGO bill was contrary
to SADC protocols on civil society.
"The real point is the role of civil society. The AU and SADC have
defined within several protocols and conventions, even within the
context of NEPAD [New Partnership for Africa's Development], a
clear role for civil society," he noted.
Kagoro said "suggestions by the Zimbabwe government that civil
society must be answerable to government confuses the whole notion
of free association, and the right of civil society to act as a
supportive and critical element when the government fails [to
uphold this]".
Through the NGO bill, the government "is attempting to ... create
a civil society that is uncritical; a civil society that acts as a
conduit for the legitimisation of the [government's actions] in
Zimbabwe," he alleged.
Kagoro claimed the bill would also hamper the ability of NGOs to
"monitor the administration of development assistance and
humanitarian aid, and to make sure it is not politicised to the
benefit of any party, especially the ruling party. That there is an
attempt [through] the bill to proscribe and severely limit the role
of civil society speaks volumes of the extent to which they
[government] intend to control the forthcoming elections".
[Extended analyses of the bill by Kagoro and others are available
on http://www.kubatana.net.]
Southern African Catholic Bishops' Conference
Catholic Bishops Urge the International Community to Take Stronger
Action on Zimbabwe and Sudan
Media Statement
Wednesday 11 August 2004
"The Catholic bishops decry the ongoing human suffering of their
brothers and sisters in Zimbabwe and Sudan, and call on Southern
African Development Community Governments (SADC), the African
Union (AU), and the United Nations (UN) to take stronger action,
including the consideration of targetted sanctions, to prevent
further suffering." This statement was made at the conclusion of
the Southern African Catholic Bishops' Conference (SACBC) plenary
session at Mariannhill today.
ZIMBABWE
"The Zimbabwean situation of starvation and malnutrition, willful
political violence and intimidation, and the immoral use of food
aid by the Zimbabwean government demands stronger and transparent
intervention by African governments through the AU", said the
bishops. "With more than three million people displaced as a result
of the crisis in Zimbabwe, a generation of exiles and refugees has
been created. This situation cannot be allowed to continue. The
Government of Zimbabwe must care for its own people."
"In addition, strong measures must be taken by the international
community to ensure a meaningful and honest election in Zimbabwe in
2005, especially through sustained independent international and
regional monitoring of the pre-election process as a prerequisite
for validating the election itself."
SUDAN
The bishops continued: "In Sudan, while tens of thousands have been
killed and more than a million displaced in the Darfur region,
thousands in other parts of Sudan, such as the Malakal district,
silently face equally devastating violence at the hands of militias
actively supported by the Khartoum government. The UN investigation
team issued a report on 6 August, 2004, stating that it cannot be
doubted that the Government of Sudan is 'responsible' for what has
happened in Darfur. We ourselves have personally witnessed some of
these atrocities during visits to Sudan."
Because of this, the African Union (AU) in particular must take
action against the Government of Sudan and exclude it from all AU
organs such as its Human Rights Commission. In addition, to put
pressure on the Government of Sudan to implement the African Union
provisions on good governance and the promotion of human rights."
In conclusion, the bishops reflected: "With war on terrorism on the
increase, there is a continuing erosion of a culture of human
rights in the world today. We call on all church members and people
of good will to work together to bring an end to wars and
divisions, to promote healing and reconciliation, to challenge
political leadership to transparent and accountable governance, and
to build communities and nations where people may live in dignity
and experience a true quality of life."
The bishops reaffirmed their commitment to engaging with
Zimbabwean, Sudanese and other African church and political leaders
to ensure a lasting end to Africa's conflicts. To this end, the
Conference is establishing an international solidarity and peace
institute to support its efforts in this regard.
For further information,
Please contact Bishop Kevin Dowling (Vice-chairperson of the SACBC
Justice and Peace Department) at 014 5733403 (telephone and fax)
or 083 6550457 or at: diocrust@mweb.co.za; and Neville Gabriel
(Co-ordinating Secretary of the SACBC Justice and Peace Department
at 012 323 6458.
Amnesty International South Africa
Open Letter to His Excellency Mr Thabo Mbeki, President of the
Republic of South Africa
25th June 2004
Dear Mr. President,
We, the undersigned, wish to express to you our grave concern about
the ongoing and unrelenting nature of the crisis in Zimbabwe. We
believe that African states, including South Africa, need to
intensify efforts to publicly signal to the Zimbabwean government
that the violation of human rights is unacceptable. Through the
African Union and the New Partnership for Africa's Development
(NEPAD), in which South Africa plays such a vital role, African
Heads of State and Government reaffirmed their commitment to take
effective and concrete measures to uphold the rule of law and
promote principles of human rights and accountability. The
disparity between the principles enshrined in both NEPAD and the
Vision and Mission of the African Union, and the reality of the
situation in Zimbabwe, as experienced by millions of Zimbabweans,
is conspicuous.
Despite repeated appeals to the Zimbabwean government from
organisations and activists inside and outside Zimbabwe, including
many of the undersigned, there has been no improvement; on the
contrary, the situation continues to deteriorate. Those in Zimbabwe
who speak out are silenced, through the use of repressive
legislation, intimidation and violence.
Freedom of expression and freedom of association and assembly are
vital to the existence of a democratic society, and indispensable
for the formation of public opinion. In the last three years the
Government of Zimbabwe has introduced a range of legislation which
undermines the basic freedoms of expression, association and
assembly; rights guaranteed to all under the African Charter on
Human and Peoples' Rights. This legislation includes the Public
Order and Security Act (2002) and the Access to Information and
Protection of Privacy Act (2002).
Hundreds of civil society activists have been arrested under the
Public Order and Security Act, which effectively criminalises
peaceful gatherings. Many of those arrested have subsequently been
subjected to threats, torture and other forms of illtreatment. The
Access to Information and Protection of Privacy Act has been used
to detain and arrest scores of independent journalists, and to shut
down Zimbabwe's only independent daily newspaper, the Daily News.
The Committee for the Protection of Journalists has described
Zimbabwe as one of the worst places in the world to be a
journalist.
Systems for state accountability have been seriously undermined,
through both political manipulation of the security services, and
attacks on the judiciary and the courts. The police, apparently
under political instructions, fail to arrest and investigate those
who commit human rights violations, and have themselves been
implicated in acts of intimidation and violence. Since 2001 the
government has established youth "militia" groups. Allegations of
torture and assault, including rape and other forms of sexual
violence, committed by "militias" as groups or individuals have
been widely reported. The "militias" appear to operate without
interference.
An independent judiciary is vital to enforcing the law and ensuring
accountability. However, in Zimbabwe court orders are frequently
ignored. Judges and lawyers have been subjected to harassment and
assault, and several independent judges have resigned or retired as
a consequence. The UN Special Rapporteur on the Independence of
Judges and Lawyers has repeatedly expressed very grave concerns
over the deterioration of the rule of law in Zimbabwe, and what he
has described as "systematic attacks on the independence of judges
and lawyers by the Government and its agencies".
Since 2002 millions of Zimbabweans have faced serious food
shortages. But the suffering of hungry Zimbabweans appears to have
been exploited for political gain: discrimination in access to food
aid and Government-controlled grain supplies, based on political
affiliation, has been widely reported. In elaborating the Vision of
the African Union and Mission of the African Union Commission,
African Heads of State and Government prioritized the realization
of human and peoples' social, economic, civil, cultural and
political rights, and made a commitment to assist member states to
realize these rights. We are therefore urging African states to
take a more public stand in resolving the crisis in Zimbabwe.
We are particularly calling on South Africa, as the country which
has assumed specific responsibility, within NEPAD, for good
political governance, peace, security and democracy, to encourage
the Zimbabwean authorities to take concrete steps to end human
rights violations. These steps must include: the repeal or
amendment of all legislation which violates internationally
recognized rights; an immediate commitment to restore systems for
state accountability; the impartial investigation of all
allegations of human rights violations, leading to those
responsible being brought to justice; a public commitment to
ensuring the right of all Zimbabweans to food, including
transparent and impartial distribution of all state-controlled food
supplies.
Yours sincerely,
Amnesty International South Africa
Supported by:
The Amani Trust; Amnesty International Zimbabwe; Catholic
Commission for Justice and Peace (Zimbabwe); Centre for the Study
of Violence and Reconciliation; CIVICUS; Coalition for Peace in
Africa; Gays and Lesbians of Zimbabwe; Human Rights Institute of
South Africa; Human Rights Trust of Southern Africa; Legal
Resources Foundation; Media Monitoring Project of Zimbabwe;
Non-violent Action and Strategies for Social Change; Transparency
International (Zimbabwe); University of Zimbabwe Legal Aid and
Advice Scheme; Zimbabwe Association for Crime Prevention and
Rehabilitation of the Offender; Zimbabwe Association for Doctors
for Human Rights; Zimbabwe Civic Education Trust; Zimbabwe Human
Rights Association; Zimbabwe Lawyers for Human Rights; Zimbabwe
Peace Project; Zimbabwe Watch; Zimbabwe Women Lawyers Association
Executive Summary of the Report of the Fact-finding Mission to
Zimbabwe
24th to 28th June 2002
African Commission on Human and Peoples Rights (African Commission)
Date published unknown
[Note: This report from 2002 was introduced at the African Union
summit last month. African leaders adopted the document, but
publication of the full 114-page report was reportedly delayed
pending an official response by the government of Zimbabwe ]
Executive Summary
Introduction
Following widespread reports of human rights violations in
Zimbabwe, the African Commission on Human and Peoples Rights
(African Commission) at its 29th Ordinary Session held in Tripoli
from 23rd April to 7th may 2001 decided to undertake a fact-finding
mission to the Republic of Zimbabwe from 24th to 28th June 2002.
The state purpose of the Mission was to gather information on the
state of human rights in Zimbabwe. In order to do so, the Mission
sought to meet with representatives of the Government of the
Republic of Zimbabwe, law-enforcement agencies, the judiciary,
political parties and with organised civil society organisations
especially those engaged in human rights advocacy. The method of
the fact-finding team was to listen and observe the situation in
the country from various angles, listen to statements and testimony
of the many actors in the country and conduct dialogue with the
government and other public agencies.
Findings
- The Mission observed that Zimbabwean society is highly polarized.
It is a divided society with deeply entrenched positions. The land
question is not in itself the cause of division. It appears that at
heart is a society in search of the means for change and divided
about how best to achieve change after two decades of dominance by
a political party that carried the hopes and aspirations of the
people of Zimbabwe through the liberation struggle into
independence.
- There is no doubt that from the perspective of the fact-finding
team, the land question is critical and that Zimbabweans, sooner or
later, needed to address it. The team has consistently maintained
that from a human rights perspective, land reform has to be the
prerogative of the government of Zimbabwe. The Mission noted that
Article 14 of the African Charter states "The right to property
shall be guaranteed. It may only be encroached upon in the interest
of public need or in the general interest of the community and in
accordance with the provisions of appropriate laws". It appears to
the Mission that the Government of Zimbabwe has managed to bring
this policy matter under the legal and constitutional system of the
country. It now means that land reform and land distribution can
now take place in a lawful and orderly fashion.
- There was enough evidence placed before the Mission to suggest
that, at the very least during the period under review, human
rights violations occurred in Zimbabwe. The Mission was presented
with testimony from witnesses who were victims of political
violence and others victims of torture while in police custody.
There was evidence that the system of arbitrary arrests took place.
Especially alarming was the arrest of the President of the Law
Society of Zimbabwe and journalists including Peta Thorncroft,
Geoffrey Nyarota, among many others, the arrests and torture of
opposition members of parliament and human rights lawyers like
Gabriel Shumba.
- There were allegations that the human rights violations that
occurred were in many instances at the hands of ZANU PF party
activists. The Mission is however not able to find definitively
that this was part of an orchestrated policy of the government of
the Republic of Zimbabwe. There were enough assurances from the
Head of State, Cabinet Ministers and the leadership of the ruling
party that there has never been any plan or policy of violence,
disruption or any form of human rights violations, orchestrated by
the State. There was also an acknowledgement that excesses did
occur.
- The Mission is prepared and able to rule, that the Government
cannot wash its hands from responsibility for all these happenings.
It is evident that a highly charged atmosphere has been prevailing,
many land activists undertook their illegal actions in the
expectation that government was understanding and that police would
not act against them - many of them, the War Veterans, purported to
act as party veterans and activists. Some of the political leaders
denounced the opposition activists and expressed understanding for
some of the actions of ZANU PF loyalists. Government did not act
soon enough and firmly enough against those guilty of gross
criminal acts. By its statements and political rhetoric, and by its
failure at critical moments to uphold the rule of law, the
government failed to chart a path that signalled a commitment to
the rule of law.
- There has been a flurry of new legislation and the revival of the
old laws used under the Smith Rhodesian regime to control,
manipulate public opinion and that limited civil liberties. Among
these, the Mission?s attention was drawn to the Public Order and
Security Act, 2002 and the Access to Information and Protection of
Privacy Act, 2002. These have been used to require registration of
journalists and for prosecution of journalists for publishing
"false information". All of these, of course, would have a
"chilling effect" on freedom of expression and introduce a cloud of
fear in media circles. The Private Voluntary Organisations Act has
been revived to legislate for the registration of NGOs and for the
disclosure of their activities and funding sources.
- There is no institution in Zimbabwe, except the Office of the
Attorney General, entrusted with the responsibility of oversight
over unlawful actions of the police, or to receive complaints
against the police. The Office of the Ombudsman is an independent
institution whose mandate was recently extended to include human
rights protection and promotion. It was evident to the Mission that
the office was inadequately provided for such a task and that the
prevailing mindset especially of the Ombudsman herself was not one
which engendered the confidence of the public. The Office was only
about the time we visited, publishing an annual report five years
after it was due. The Ombudsman claimed that her office had not
received any reports of human rights violations. That did not
surprise the Mission seeing that in her press statement following
our visit, and without undertaking any investigations into
allegations levelled against them, the Ombudsman was defensive of
allegations against the youth militia. If the Office of the
Ombudsman is to serve effectively as an office that carries the
trust of the public, it will have to be independent and the
Ombudsman will have to earn the trust of the public. Its mandate
will have to be extended, its independence guaranteed and
accountability structures defined.
- The Mission was privileged to meet with the Chief Justice and the
President of the High Court. The Mission Team also met with the
Attorney General and Senior Officers in his office. The Mission was
struck by the observation that the judiciary had been tainted and
even under the new dispensation bears the distrust that comes from
the prevailing political conditions. The Mission was pleased to
note that the Chief Justice was conscious of the responsibility to
rebuild public trust. In that regard, he advised that a code of
conduct for the judiciary was under consideration. The Office of
the Attorney General has an important role to play in the defence
and protection of human rights. In order to discharge that task
effectively, the Office of the Attorney General must be able to
enforce its orders and that the orders of the courts must be obeyed
by the police and ultimately that the profession judgement of the
Attorney General must be respected.
- The Mission noted with appreciation the dynamic and diverse civil
society formations in Zimbabwe. Civil society is very engaged in
the developmental issues in society and enjoys a critical
relationship with government. The Mission sincerely believes that
civil society is essential for the upholding of a responsible
society and for holding government accountable. A healthy though
critical relationship between government and civil society is
essential for good governance and democracy.
.
Recommendations
In the light of the above findings, the African Commission offers
the following recommendations -:
- On National Dialogue and Reconciliation
Further to the observations about the breakdown in trust between
government and some civil society organisations especially those
engaged in human rights advocacy, and noting the fact that Zimbabwe
is a divided society, and noting further, however, that there is
insignificant fundamental policy difference in relation to issues
like land and national identity, Zimbabwe needs assistance to
withdraw from the precipice. The country is in need of mediators
and reconcilers who are dedicated to promoting dialogue and better
understanding. Religious organisations are best placed to serve
this function and the media needs to be freed from the shackles of
control to voice opinions and reflect societal beliefs freely.
- Creating an Environment Conducive to Democracy and Human Rights
The African Commission believes that as a mark of goodwill,
government should abide by the judgements of the Supreme Court and
repeal sections of the Access to Information Act calculated to
freeze the free expression of public opinion. The Public Order Act
must also be reviewed. Legislation that inhibits public
participation by NGOs in public education, human rights counselling
must be reviewed. The Private Voluntary Organisations Act should be
repealed.
- Independent National Institutions
Government is urged to establish independent and credible national
institutions that monitor and prevent human rights violations,
corruptions and maladministration. The Office of the Ombudsman
should be reviewed and legislation which accords it the powers
envisaged by the Paris Principles adopted. An independent office to
receive and investigate complaints against the police should be
considered unless the Ombudsman is given additional powers to
investigate complaints against the police. Also important is an
Independent Electoral Commission. Suspicions are rife that the
Electoral Supervisory Commission has been severely compromised.
Legislation granting it greater autonomy would add to its prestige
and generate public confidence.
- The Independence of the Judiciary
The judiciary has been under pressure in recent times. It appears
that their conditions of service do not protect them from political
pressure; appointments to the bench could be done in such a way
that they could be insulated from the stigma of political
patronage. Security at Magistrates? and High Court should ensure
the protection of presiding officers. The independence of the
judiciary should be assured in practice and judicial orders must be
obeyed. Government and the media have a responsibility to ensure
the high regards and esteem due to members of the judiciary by
refraining from political attacks or the use of inciting language
against magistrates and judges. A Code of Conduct for Judges could
be adopted and administered by the judges themselves. The African
Commission commends to the Government of the Republic of Zimbabwe
for serious consideration and application of the Principles and
Guidelines on the Right to Fair Trial and Legal Assistance in
Africa adopted by the African Commission at its 33rd Ordinary
Session in Niamey, Niger in May 2003.
- A Professional Police Service
Every effort must be made to avoid any further politicisation of
the police service. The police service must attract all Zimbabweans
from whatever political persuasion or none to give service to the
country with pride. The police should never be at the service of
any political party but must at all times seek to abide by the
values of the Constitution and enforce the law without fear or
favour. Recruitment to the service, conditions of service and
in-service training must ensure the highest standards of
professionalism in the service. Equally, there should be an
independent mechanism for receiving complaints about police
conduct. Activities of units within the ZRP like the law and order
unit which seems to operate under political instructions and
without accountability to the ZRP command structures should be
disbanded.
There were also reports that elements of the CIO were engaged in
activities contrary to the international practice of intelligence
organisations. These should be brought under control. The
activities of the youth militia trained in the youth camps have
been brought to our attention. Reports suggest that these youth
serve as party militia engaged in political violence, The African
Commission proposes that these youth camps be closed down and
training centres be established under the ordinary education and
employment system of the country. The Africa Commission commends
for study and implementation the Guidelines and Measures for the
Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (otherwise know as the Robben
Island Guidelines) adopted by the African Commission at its 32nd
Ordinary Session held in Banjul, The Gambia in October 2002.
- The Media
A robust and critical media is essential for democracy. The
government has expressed outrage at some unethical practices by
journalists, and the Access to Information Act was passed in order
to deal with some of these practices. The Media and Ethics
Commission that has been established could do a great deal to
advance journalistic practices, and assist with the
professionalisation of media practitioners. The Media and Ethics
Commission suffers from the mistrust on the part of those with whom
it is intended to work. The Zimbabwe Union of Journalists could
have a consultative status in the Media and Ethics Commission.
Efforts should be made to create a climate conducive to freedom of
expression in Zimbabwe. The POSA and Access to Information Act
should be amended to meet international standards for freedom of
expression. Any legislation that requires registration of
journalists, or any mechanism that regulates access to broadcast
media by an authority that is not independent and accountable to
the public, creates a system of control and political patronage.
The Africa Commission commends the consideration and applications
of the Declaration on The Principles of Freedom of Expression in
Africa adopted by the 32nd Ordinary Session of the African
Commission in Banjul, October 2002.
- Reporting Obligations to the African Commission
The African Commission notes that the Republic of Zimbabwe now has
three overdue reports in order to fulfil its obligations in terms
of Article 62 of the Africa Charter. Article 1 of the Africa
Charter states that State Parties to the Charter shall "recognise
the rights, duties and freedoms enshrined in the Charter and shall
undertake to adopt legislative or other measures to give effect to
them." Article 62 of the Africa Charter provides that each State
Party shall undertake to submit every two years "a report on the
legislative or other measures taken, with a view to giving effect
to the rights and freedoms recognised and guaranteed by the present
Charter." The African Commission therefore reminds the Government
of the Republic of Zimbabwe of this obligation and urges the
government to take urgent steps to meet its reporting obligations.
More pertinently, the African Commission hereby invites the
Government of the Republic of Zimbabwe to report on the extent to
which these recommendations have been considered and implemented.
Zimbabwe Watch
c/o NIZA, Prins Hendrikkade 33, 1001 ES Amsterdam, Netherlands
Email: ZimWatch@niza.nl
26 February 2004
Notes on Zimbabwe late February 2004
From a correspondent in Zimbabwe
1. At about one year before the proposed general parliamentary
elections for Zimbabwe, there is a qualitative change in the
situation caused by the use of Presidential Powers (essentially
Emergency Powers) to amend the Criminal Procedure and Evidence Act.
The effect of the amendment is to allow the police to detain
suspects - of any alleged crime that affects the security of
well-being of the State - to be arrested and detained for up to 30
days, and specifically prevents recourse to the courts to review
such detention or to grant bail.
This new procedural provision removes in a formal way much of the
actions of the police and the detention process from the
supervision of the courts. While the manipulation of the courts has
been significant and problematic, there has nonetheless remained a
degree of professionalism in the application of the law (such as it
is) by magistrates and judges. Now this (limited) protection of
rights such as to due process appears to have been removed.
2. One year before the election dates, it is very apparent that the
majority of requirements for a free and fair electoral campaign and
transparent election process are absent.
- The independent media is under continual harassment and attack,
and recently the Daily News was closed down by a decision of the
Supreme Court, which approved as constitutional the contentious
Access to Information and Protection of Privacy Act (AIPPA). Other
independent media publications are fearing state intervention
against them. It should be remembered that the electronic media,
both radio and television, is entirely monopolised by the State,
and is run under close control by the Minister of State for
Information's department.
- The space for public organising and protest is extremely limited,
and the Public Order and Security Act (POSA) is applied with
vigour, but of course in a partisan manner. Recent examples of its
application were the brutal breaking up of a public demonstration
for constitutional government, and serious assaults perpetrated on
leaders of the National Constitutional Assembly (NCA) in early
February; and the prevention of a Valentine's Day march (14
February) with the distribution of roses, organised by Women of
Zimbabwe Arise (WOZA), at which threats to shoot the marchers were
made by police officers. Meanwhile the government sponsored Youth
Militias (called Green Bombers) appear to operate with impunity.
- The Electoral Supervisory Commission (ESC)(responsible for the
running of the elections) and the Registrar General's office
(responsible for the compiling and management of the electoral
roll) remain firmly controlled by the political leadership of the
Ministries of Justice and Home Affairs. Particularly worrying is
the appointment of military officers in the ESC. The Registrar
General's office is the object of numerous long-drawn out court
cases, in particular relating to that office's refusal to release
voter's rolls to opposition parties before the dates of elections.
3. Economically, the crisis of production and livelihood continues.
The country has seen a systematic process of de-professionalisation
and de-capitalisation. While it has been estimated that 99% of the
population live with an income less than the poverty datum line, it
is clear that factors such as the remittances from family members
living outside Zimbabwe mitigate low incomes for at least a
proportion of the population. It is estimated that between 15 and
25 % of Zimbabwe's 'normal' population are living outside the
country at present, mostly as economic refugees (ie between 2 and
3 million persons); and it should be noted that there are at least
500 000 internally displaced people, principally former
farm-workers. A very significant proportion of professionals, such
as doctors, engineers, educationalists and financial managers have
sought employment elsewhere. National savings have been swallowed
by government for recurrent expenditures, in particular on inflated
security and military sectors. The invasion of farms and the
attacks on property rights (with the use of questionable legal
provisions and the operations of extra-legal activities such as the
occupation of farms and the threats and harassment of businesses)
has made Zimbabwe a very poor prospect for financial investment.
The farming sector is in deep crisis with food production stunted,
the national herd decimated, cash-earning crops extremely limited.
Corruption and illegal transactions have further undermined the
capital base of the country.
4. Politically, it appears that the ruling party Zanu PF is
extremely confident of its hold on power. The recent arrests of
leading business personalities from the ruling party is an
indication that the leadership around Mugabe has agreed that no
discussion of succession in the party will take place until the end
of Mugabe's presidential term, in 2008; and thus actual or
potential supporters of the only proponent of succession, the
Speaker of Parliament Emmerson Mnangagwa, are being harassed and
targeted. This 'purification' of the party is being accompanied by
an increasing militarisation; new appointments of Ministers,
Governors and government institutional leadership (eg Agribank)
have included senior military figures, and the new army commander
Constantine Chiwenga has directly intervened in public policy
issues, most recently during a doctor's strike. Following the ZANU
Conference in December 2003 it was said that 'the High Command is
back in charge' ie the High command of the liberation forces of the
1970s.
ZANU-PF is acting as though it feels that it has crushed the MDC
and so can deal with internal problems. [It is said that Mugabe is
prepared to negotiate with anyone, once he has crushed him]. The
MDC has been attacked in many ways; the serious but farcical trial
of Morgan Tsvangirai has removed him from international view; many
MDC members of parliament have been harassed and assaulted, and
some are outside the country, others have died; the closing of the
Daily News has shut down one of the few means that the MDC had of
communicating with a mass public; the urban centres with MDC
elected mayors have had centrally appointed governors appointed to
oversee (and interfere with) them. It is clear that the MDC has not
managed to organise itself strongly in the face of continuous
assault: what is remarkable is that it survives at all. In a recent
rural bye-election, the MDC obtained more than 7000 votes against
the purported vote for the ZANU-PF candidate of more than 20 000...
It is also clear that the MDC has not been able to mobilise mass
support for public actions, but this comes from a variety of
factors, including the intense fear and sense of intimidation that
people have, as well as the culturally deep-seated tradition of
respect for established authority.
5. National civil society remains weak and limited in its impact on
the national situation. The Trade Union movement, while able to
hold its own in the labour sector negotiations process, has been
unable to mobilise mass support for national policy goals, and its
leadership has been arrested several times recently as national
protests have been planned. Civil society groups such as the Crisis
Coalition and the National Constitutional Assembly continue to
carry out small-scale lobbying and information processes, and even
some of these are closed under the POSA regulations. Churches are
involved in some mediation efforts, but it is very clear that the
ruling party ZANU-PF is not seriously interested in dialogue, let
alone negotiations.
6. Internationally, the majority of African governments and
leadership have 'bought' the ZANU- PF line on the situation in
Zimbabwe. While the EU and the US must continue to pressure the
ruling elite in Zimbabwe, it is critical that this pressure also
and increasingly comes from countries of the South; especially from
Africa and in particular from South Africa.
7. The debate on whether free and fair elections can be held or not
is critical, for the coming months. It is increasingly apparent
that some form of transitional administration, with international
(UN, AU, SADC) support, will be needed to create the conditions for
the Zimbabwean people to re-take control of their destinies without
fear, threats and imposition. The key question thus is, how can
such a transitional arrangement be brought about?
8. In the absence of that transition one may see the apparent
provision of a level playing field, but one on which only the
players from one side are permitted access, and where spectators
are expressly forbidden, and where the referee is the coach of the
side allowed on the field. There is the rule of law, distorted; the
operations of media, very limited; the holding of elections, under
many forms of duress; freedoms of belief and assembly - if your
beliefs do not call into question the ruling elite; rights of
property - with partisan definition.
Shona stone sculpture has long been recognised as a contribution of
the Zimbabwean artistic fraternity to the canon of world creative
endeavour. Recently seeing a hard-set face, a human head in stone
by Henry Munyaradzi, I felt that the symbolism needs to be carried
further - to indicate the stony faces, and the stone-heartedness of
so much of the ruling elite.
Its greatest weakness is that it does not allow for human
generosity.
AfricaFocus Bulletin is an independent electronic publication
providing reposted commentary and analysis on African issues, with
a particular focus on U.S. and international policies. AfricaFocus
Bulletin is edited by William Minter.
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