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Talks, dialogue, negotiations and GNU - Post June 2008 "elections" - Index of articles
Memorandum
to SADC summit on Zimbabwe and Swaziland
Civil
Society Organizations
August 16, 2008
We, civil society organizations from South Africa, Zimbabwe and
Swaziland, gathered at this meeting of SADC Heads of State in Johannesburg
on 16 August 2008, reassert our commitment to the struggle for a
transition to democracy in Zimbabwe and Swaziland.
We stand firmly
by the principles of democratic governance that are embodied in
the SADC and African Union Charters, declarations and protocols
on good governance which are the birthright of every African. We
note that the key defining features of both Zimbabwe and Swaziland
are electoral fraud, political manipulation by ruling elites, institutionalized
oppression, state brutality and an environment of fear and oppression.
We therefore
call upon the leaders of the SADC to adopt the following programme:
On Zimbabwe
We
urge SADC to be guided by the Zimbabwe People's Charter, which
was adopted after widespread deliberation and discussion with the
public. It provides us with a mandate to struggle for the principles
a respect for freedom, equality, human dignity, accountability,
non-partisanship, non-violence and a culture of peace.
It declares
that the existing constitutional order is incapable of producing
a democratic government. Elections will remain illegitimate until
they are held under a new, democratic constitution and that a constitution
is invalid unless it is the product of a people-driven, participatory
process which makes room for the input of all Zimbabweans.
We call upon
the SADC to commit itself fully to the struggle for the ideals of
democracy, including press freedom, people-centred economic planning,
an appropriate balance of power in government, a respect for human
rights, and an enabling environment for children, the youth, women,
the disabled and People Living with HIV/AIDS.
Scores of Zimbabweans
have been killed, hundreds imprisoned and thousands driven from
their homes. The space for democratic participation by the political
opposition, civil society organizations, and the public at large
has been eliminated by draconian laws and extralegal exercises of
power.
The following
steps must be taken to create an environment conducive to open negotiations
by all stakeholders:
- Cessation
of political violence. The threats, physical assaults, torture,
and acts of arson that have characterised the period following
the 29 March elections must be halted immediately. Additionally,
the structures which have been perpetrating and directing these
attacks, including all militia bases, must be immediately dismantled.
International monitors should be invited to enter Zimbabwe to
assist with these tasks.
- Establishment
of law and order. All political prisoners must be released, oppressive
laws such as the Public
Order and Security Act and the Access
to Information and Protection of Privacy Act must be repealed
to open space for democratic participation, and perpetrators of
political violence must be brought to justice.
- Facilitation
of humanitarian relief. Bans on aid groups and civil society organizations
must be lifted to allow them to attend to victims of the humanitarian
disaster. A council should be established to address the plight
of internally displaced people and refugees.
Transitional
authority
If
the foregoing conditions are met, we urge SADC to support a transitional
authority to provide an appropriate vehicle for ushering in democratic
reform. It would have a specific, limited mandate to oversee the
drafting of a new, people-driven constitution and the subsequent
facilitation of free and fair elections. We reject any elitist power-sharing
agreement that fails to address the inadequacy of the current constitutional
regime.
We demand that
civil society organizations and the general public be party to these
negotiations. Although the exact details of the transitional authority's
mandate would need to be determined through debate and public consultation,
the following elements are necessary to ensure that it is successful
in establishing a new democratic order:
- Leadership
by an impartial party. The transitional authority should be headed
by an individual who is not a member of ZANU-PF or MDC.
- Broad representation.
Individuals from a broad sector of Zimbabwean society should be
incorporated into the transitional authority, including representatives
from labour, women's and children's rights groups,
churches, and other interest groups.
- Specific,
limited mandate. The transitional authority should be tasked with
facilitating the drafting and adoption of a new constitution and
then holding elections under the new constitutional framework.
It should only govern the country until the newly elected government
is installed. The negotiating parties should provide a very clear
timeframe for this process, with no more than 18 months of rule
by the transitional authority.
- People-driven
constitutional development. The process of drafting a new constitution
must include broad-based consultation with the public and civil
society organisations. The draft constitution should not be enacted
until it has been ratified by the public in a national referendum.
- Restoration
of good governance. State institutions - the judiciary, police,
security services, and state welfare agencies - should be depoliticised,
demilitarised and reformed. Steps should be taken to fight corruption
and promote accountability for public officials. Restrictions
on press freedom should be lifted and access to state media outlets
should be opened.
- Economic
recovery programmes. Initiatives should be undertaken to resolve
the current economic crisis and ensure an equitable distribution
of national resources for the benefit of all Zimbabweans, including
land as a national asset of the people and not an elite, whatever
its colour or race.
- Transitional
justice initiatives. The transitional authority should design
and implement a victim-centred process to bring to justice the
perpetrators of gross human rights violations and promote national
healing. This framework for transitional justice should be embedded
in the new constitution.
We note the
courage of the people of Zimbabwe in their determined efforts to
soldier on against all odds, in the face of extreme hostility and
state violence. The world community of democracy-loving people remains
fully behind them at this hour of need, always acting to raise their
issues and suffering in order to promote awareness and put pressure
on regional leaders to act decisively.
We note the
SADC mediation efforts led by South African President Thabo Mbeki,
which have raised hopes for the possible resolution of the protracted
conflict, but we believe a lot still needs to be done for the right
environment to be created.
On Swaziland
Swaziland
has the oldest state of emergency in the region, with all public
institutions and decision-making the monopoly and sole preserve
of the royal family. There are no democratic elections, systemic
and institutionalised corruption and state terror against political
and worker activists, founded on the basis of the 1973 king's
decree that concentrated all power in his hands. Years of convenient
silence on Swaziland have promoted a culture of impunity and disregard
for the fundamentals of democracy in the whole region.
We further note
the deepening political and socio-economic crisis, and the protracted
political impasse which has not been resolved by the new constitution
promulgated in 2005, which itself is a product of an illegitimate
process and royal imposition.
We urge SADC
leaders to support the following demands formulated by civil society,
under the banner of the Swaziland United Democratic Front:
- Multi-party
democratic elections: The continued denial of political space,
particularly the ban on multiparty politics and the right to participate
in public institutions of decision-making, remains a denial of
a core tenet of democracy and flies in the face of the SADC Mauritius
Principles governing elections.
- The unbanning
of political parties: The continued banning of political parties
which was initially authored by the King's proclamation
to the Nation of 1973 has since been validated by the new constitution
promulgated in 2005.
- The return
of political exiles: Although continually denied by the state,
several Swazis remain in exile for fear of persecution by the
state.
- The evolution
of a truly representative national dialogue or national convention
which will result in a truly democratic constitution which will
represent the will of the people of Swaziland: The current constitution
remains illegitimate as it was unilaterally driven without the
critical input of Swazi stakeholders.
- End to cancerous
corruption and greed: The royal family has entrenched a deep culture
of cancerous corruption and greed in Swazi society, with the state
institutions permanently involved in pervasive corruption that
eats away the social fibre of society. A huge part of the budget
is corroded by perpetual corruption and greed, which is led by
the ruling minority, in a country where almost 70% live on international
food aid and which is almost a world leader in the devastating
effects of HIV/AIDS.
We draw SADC's
attention to the recent positive developments within the oppressed
and struggling people of Swaziland. Most notable is the formation
of Swaziland United Democratic Front (SUDF), which brings together
all progressive forces and further unites all the people in struggle
for democracy and social change.
We further note
the joint celebration of May Day by all worker organisations and
trade unions in the country, for the first time in the history of
the country, sending a clear statement that the time for the people
to act together has come and that the people will resist all attempts
at disuniting them.
To that end
we call upon SADC to adopt the following goals of the Swazi struggle:
- Creation
of a new and democratic constitution that derives its legitimacy
from the will of the people.
- Building
and institutionalising the culture of democracy, the rule of law
and accountability.
- Democratisation
of traditional institutions to serve the needs of the people and
respond accordingly to the desire of the people to be free and
prosperous.
- Full recognition
of the rights and responsibilities of civil society, and its independent
right to exist and act freely from any form of state influence
and control, including royal patronage.
Urgent
action needed
We
urge SADC to adopt a new sense of urgency to tackle the crises in
Zimbabwe and Swaziland. We have for too long allowed these illegitimate
and undemocratic regimes to fester and begin to affect the entire
fibre of the region
Robert Mugabe
and Mswati III are not legitimate leaders of their countries and
cannot claim any legitimacy to rule, for they have not been democratically
elected by the peoples of their countries.
As representatives
of civil society we condemn the behaviour of these two leaders and
take it upon ourselves to expose them and their unacceptable behaviour
before the eyes of the world.
Today we express
a hope that the long journey to emancipate the citizens of both
Swaziland and Zimbabwe is near its end. Although we face numerous
challenges, we believe that a commitment to the principles which
have guided us in our struggle for democracy will lead to a resolution
of the current political impasse obtaining in the two countries.
We therefore urge all SADC heads of state and citizens to join us
in our efforts to realize a just and democratic society, not only
in Zimbabwe and Swaziland, but throughout the entire region. Let
us continue fighting for our freedom, democracy and co-prosperity,
underpinned by progressive development paradigms founded on the
basis of a redistributive system.
Signed, on 16 August 2008, in Sandton, Johannesburg, by:
- Congress
of South African Trade Unions
- Zimbabwe
Congress of Trade Unions
- Zimbabwe
Solidarity Forum
- Revolutionary
Youth of Zimbabwe
- Zimbabwe
Exiles Forum
- Crisis
in Zimbabwe Coalition
- People's
United Democratic Movement of Swaziland
- Swaziland
United Democratic Front
- Swaziland
Federation of Trade Unions
- Swaziland
Federation of Labour
- Swaziland
Youth Congress
- Federation
of Unions of South Africa
- Treatment
Action Campaign
- Anti-privatisation
Forum
Received by:
On behalf of
the SADC Secretariat
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