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New Constitution-making process - Index of articles
Zimbabwe Briefing - Issue 104
Crisis
in Zimbabwe Coalition (SA Regional Office)
March 13, 2013
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Beyond
the referendum: Zimbabwe needs democracy without adjectives
Zimbabwe faces
a referendum
on 16 March 2013. Of importance is that this seems to indicate
a defined pathway towards a possible election in 2013. It is however
important to realise that there are still some key reforms demanded
by civil society which are still outstanding. Adopting a new constitution
does not automatically translate to addressing these key reforms.
In fact the adoption of a new constitution sets another dimension
of challenges; where a legislative framework has to be put in place
and then implemented in order for the political environment to transform
and therefore be conducive for a credible election. I discuss some
of the key issues that still need to be addressed or considered
in order to ensure that critical underlying reform areas are exposed;
for possible redress before the eventual poll.
The Zimbabwe
Electoral Commission has since missed its 3 January 2013 deadline
to commence a mobile nationwide voter registration process. However,
it has been noted that voter registration has been taking place
in some urban centres without much publicity and information being
provided to would-be voters. Political parties, especially ZANU-PF
has taken advantage of this ‘concealed’ voter registration
process to marshal its supporters to register. There are also reported
incidents of persons from the mushrooming housing cooperatives (mainly
around urban and peri-urban areas) who are being forced to register
through ZANU-PF community leaders. Despite these activities, the
lack of funding from treasury has delayed an open, nation-wide and
transparent voter registration process from being undertaken in
earnest. Government has however approached the United Nations Development
Program (UNDP) for electoral funding assistance and it is hoped
that such funding will be provided in time to effect pre-election
processes. However should the UNDP and other development partners
provide such funding, it is hoped that they will follow through
such provisions with insistence on early election observation by
both local and regional mechanisms and bodies. Delayed voter registration
will have adverse effects on democratisation as some potential voters
may be excluded from participating in the polls while clandestine
registration processes may aid possibilities for election rigging.
Although the
political parties have been commended for reaching agreement/consensus
in the constitution process, it is however important to note that
this has potential to further exclude civil society and the citizenry
from active participation in political processes. President Mugabe
and Prime Minister Tsvangirai have agreed on pre and post-election
processes and outputs. Although this will provide some political
stability it may also be a bad precedence for democracy in Zimbabwe.
Mugabe and Tsvangirai seem to have adopted an “exclusionary”
approach to political processes in the country. They have bestowed
upon themselves the powers to determine the political trajectory
of the country without due consultation of civil society or the
broader citizenry. Consensus in the constitution process; though
progressive on one extent; also stands to promote the preeminence
of political parties’ pacts as a way of defeating popular
democratic input of the people of the country. The consensus in
the constitution process may also force the political parties in
the GPA to rush
towards elections even before addressing pre-election reforms. A
rushed election and the exclusive political supremacy attained by
the GPA parties all tend to work against the democratisation trajectory
that civil society has aspired to promote.
The GPA provides
for an annual periodic review of the agreement and relations within
it. No such review has been undertaken since the signing of the
agreement. The GPA further instructs that at the completion of the
constitution process an overall review of the GPA must take place.
The intention of this clause being to ensure that there is constant
realignment of the agreement to the broader transitional framework.
It is assumed that any democratic process always includes the broad
spectrum of stakeholders for any evaluation of agreements and tenants
that govern a nation-state. Failure by the GPA parties to institute
periodic reviews have therefore led to the denial of citizens’
democratic right to participate in such evaluation as well as to
access information on the performance of the transitional governing
mechanism imposed upon them through political party negotiations.
The GPA is also
instructive on the need for economic restoration and growth. Despite
the initial gains in the productive sector realised just after the
inception of the GPA; a steady decline has been realised thereafter.
Mining and agricultural sectors seem to be growing in output but
manufacturing continues to be depressed. Capacity utilisation has
fallen from 57.2% to around 44.2% in 2012 compared to the previous
year. The finance ministry has indicated a couple of issues that
have negatively affected economic growth, these being: poor rainfall
patterns; policy inconsistencies and uncertainties; lack of capacity
sources; indiscipline in the finance sector; and general global
economic performance. Political patronage continues to play a huge
role in the economy with people aligned to ZANU-PF being the greatest
beneficiaries. The diamond revenues continue to be contested and
this has raised suspicion of both side-marketing as well as “looting”
by politically connected individuals. The depressed economic recovery
prospects as well as political patronage continue to stifle the
citizen’s democratic right to resource income. Social services
continue to underperform thereby depriving citizens of basic social
support. Some politicians have used patronage as a way to “buy”
political support thereby alienating opportunities for citizenry
free expression and participation in political processes.
State organs
continue to be manipulated for political gain; against the GPA’s
emphasis on the need for them to be non-partisan. The minister of
defence recently endorsed that military personnel can participate
in political processes and even join political parties. This tends
to deride the democratic practice of the political neutrality of
state institutions. Military deployments have continued in many
rural areas across the country with suspicion of being intended
for intimidation ahead of the upcoming election. The South Africans
have however warned their Zimbabwean counterparts on the need to
maintain political neutrality. It is hoped that such intervention
will translate to the region’s intolerance of what the Zimbabwean
security sector has been at for some time now.
The GPA is also
clear on the need to address security of persons and the prevention
of violence. In the last couple of months, President Mugabe has
been preaching peace and the need for violence free elections. However,
as much as Mugabe has been on record declaring such good intentions;
the behaviour of state institutions and some of his party stalwarts
point towards some disturbing irony. Jabulani Sibanda has now moved
from Masvingo and is terrorising villagers in Manicaland with threats
of violence, should they vote ZANU-PF. He has been inflaming hate
speech at the same time that President Mugabe has been proclaiming
peace. The police have raided and arrested pro-democracy activists
at: ZimRights
(including
the chairperson of Crisis
Coalition – Okay Machisa); National
Youth Development Trust (NYDT) and of
late at the Zimbabwe
Peace Project (ZPP). They have raided Radio
Dialogue, ZESN
and have now barred
these organisations from observing the referendum. In Mutare the
US ambassador (Bruce Wharton) was ambushed
by ZANU-PF supporters and no known arrests have been made, further
urging the culture of impunity that has been sustained in Zimbabwe
for long.
We conclude
that Zimbabwe is heading toward a Flawed Transition, characterised
by positive reforms but with the incumbent still determined to manipulate
state institutions and electoral processes to gain an unfair advantage
that allows it to retain state power. However, at this juncture
the incumbent might be trying to gain political legitimacy through
grand concessions such as on the constitution and election dates
without ceding much on democratising state institutions which gives
room for manipulation of the whole process. However, due to the
fact that SADC, civil society and the media have kept on trekking
the transition and exposing the anomalies it appears difficult for
the incumbent to opt for a derailed transition. The incumbent would
need the cooperation of protagonists which is an indicator toward
a prolonged transition. Our preference is a democratic transition
and we hope this early observation will lead to the intensification
of advocacy activities that leverage the transition before the next
election.
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