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SADC
Mauritius protocol: Assessment of compliance with the protocol - Issue
No. 8
Sokwanele
November 08, 2004
"Mauritius
Watch" provides a regular, objective and non-partisan assessment
of Zimbabwe’s compliance with the Protocol. In the run-up to the 2005
Parliamentary Elections we note any significant failures to adhere to
the SADC standards.
In
honour of International Human Rights Day – 10 December 2004
"…
Some Africans still view the concern for human rights as a rich man’s
luxury for which Africa is not ready, or even as a conspiracy imposed
by the industrialised West. I find these thoughts demeaning – demeaning
of the yearning for human dignity that resides in every African heart.
Do not mothers weep when their sons and daughters are killed or tortured
by agents of oppressive rule? Do not African fathers suffer when their
children are unjustly sent to jail? Is not Africa as a whole the poorer
when just one of its voices is silenced? Human rights …. are African rights.
They are Asian rights; they are European rights; they are American rights.
They belong to no government; they are limited to no continent, for they
are fundamental to humankind itself."
(Statement by United
Nations Secretary-General Kofi Annan at the opening of the fifty-fourth
session of the UN Commission on Human Rights in Geneva on 16 March 1998).
Date
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Incidents/Developments
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SADC
standards breached
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08.12.04
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CALL
FOR UN HUMAN RIGHTS PROBE IN ZIMBABWE
African
human rights and civic society groups have urged the African Commission
on Human and People’s Rights to pressure Harare to accept a rapporteur
from the Commission, and from United Nations secretary-general,
Kofi Annan, to probe the abuse of human rights defenders in Zimbabwe.
In
a submission at the Commission’s 36th session, which
ended in Dakar last week, the groups also asked the continental
human rights watchdog to mobilize African pressure on the Mugabe
regime to restore judicial independence in Zimbabwe.
They
said the Commission should call for an enquiry into the harassment
and intimidation of lawyers and other human rights defenders by
ZANU PF supporters.
(For further
details refer to Zim Online – www.zimonline.co.za)
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2.1.7
Independence of the Judiciary and impartiality of electoral institutions
4.1.1
Constitutional and legal guarantees of freedom and rights of the
citizens
4.1.2
Conducive environment for free, fair and peaceful elections
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01.12.04
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ZANU
PF HIT LIST FOR TOP NGOs
Events
have proved that the ruling party indeed has a hit list of the Non-Governmental
Organizations (NGOs) it most wants to close down under the NGO Bill.
Top of that list are the country’s two biggest NGOs, which the ruling
party alleges are working to unseat it from power.
Ministry
of Justice permanent secretary, David Mangota, representing the
Zimbabwean government at the 36th session of the Africa
Commission on Human Rights, confirmed that the Mugabe regime intends
to shut down the National Constitutional Assembly (NCA) and Crisis
Coalition of Zimbabwe (CCZ).
Mangota
told the commission that Harare was prepared to work with civic
society but said that action against the two NGOs was justified
because they were "conduits of foreign policies, through which
interference in governance is achieved."
The
NCA campaigns for a new and democratic constitution for Zimbabwe.
Supporters of the group have often clashed with the police while
demonstrating peacefully against the regime’s autocratic rule.
The
CCZ is pushing for a negotiated and democratic settlement in Zimbabwe’s
deepening economic and political crisis.
Under
the Bill, NGOs are barred from carrying out voter education and
those working on human rights and governance-related issues are
barred from receiving foreign funding.
In
a late-night sitting on 9 December, Parliament gave the NGO Bill
a third reading. It now requires only the presidential signature
and gazetting before acquiring the force of law.
(See the story
on Zim Online –www.zimonline.co.za
)
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2.1.1.
Full participation of citizens in the political process
2.1.8
Voter education
4.1.1
Constitutional and legal guarantees of freedom and rights of the
citizens
7.4.
(Government to) safeguard the human and civil liberties of all citizens
including the freedom of movement, assembly, association, expression
and campaigning … during the electoral process …
7.5
(Government to) take all necessary measures and precautions to prevent
the perpetration of fraud, rigging or any other illegal practices
throughout the whole electoral process .
.
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05.12.04
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ZIMBABWE
LIBERATORS’ PLATFORM SLAMS BILL
The
Zimbabwe Liberators’ Platform (ZLP), a non-partisan lobbying group
for genuine war veterans, ex-detainees and war collaborators, has
slammed the Mugabe regime for their authoritarian rule and refusal
to either listen to dissenting voices or to compromise on their
own agenda. The group issued a press statement entitled "NGO
Bill: The Great Betrayal" in which they sharply condemned the
regime’s intransigence over this draconian piece of legislation.
ZLP
points out that they had called for dialogue leading to a compromise,
but the regime "negotiated in bad faith". "Its mind,"
they said, "had already been made up."
In
the statement, ZLP draws a comparison between the Smith regime’s
unwillingness to listen to the black majority and the attitude of
the present regime in Zimbabwe.
It
mentions the NGO Bill in the context of such repressive legislation
dating from the Colonial era as the Unlawful Organizations Act and
the infamous Law and Order (Maintenance) Act.
The
statement ends: "For the gallant liberation war fighters (the
fallen heroes and heroines, the maimed and the living), this is
a great betrayal of the noble ideals which they laid down their
lives for. What has really gone wrong ?"
(The full text
of the statement may be seen in the Zimbabwe Independent - www.theindependent.co.zw)
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2.1.1
Full participation of citizens in the political process
2.1.3
Political tolerance
4.1.1.
Constitutional and legal guarantees of freedom and rights of the
citizens
4.1.2
Conducive environment for free, fair and peaceful elections
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05.12.04
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MDC
ACTIVISTS INJURED IN BRUTAL ATTACK
At
least four activists from the Movement for Democratic Change (MDC)
were injured in a brutal attack by a group of ZANU PF supporters
in Mutare West during the last week of November. The four were accused
of being "saboteurs".
The
MDC spokesman for Manicaland, Pishayi Muchauraya, said that ZANU
PF had started a "purging exercise" in Mutare West, beating
MDC supporters to force them into submission ahead of the parliamentary
elections due in March 2005.
Muchauraya,
who named the four injured supporters, said that arrangements were
in hand for them to receive specialist medical attention in view
of the danger of internal injuries. The mother of one of the victims
said, "My son was tied to a tree and assaulted using bicycle
chains. He has bruises all over his body … we have reported the
matter to the police but nothing has happened."
The
MDC aspiring member of parliament for the constituency, Gabriel
Chiwara, reported that he had been forced to resort to different
and innovative campaign strategies in order to avoid both the police
and ZANU PF thugs.
(See the report
in The Standard – http://www.thestandard.co.zw/)
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2.1.2
Freedom of association
2.1.3
Political tolerance
4.1.
2 Conducive environment for free, fair and peaceful elections
7.4
(Government to) safeguard the human and civil liberties of all citizens
including the freedom of movement, assembly, association, expression
and campaigning …
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07.12.04
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PROTEST
AT FRESH BID TO GAG MEDIA
The
Committee to Protect Journalists (CPJ) has written to Robert Mugabe
expressing its outrage at fresh moves by his regime to impose new
and even more severe restrictions on the media.
In
a letter dated 2 December, Ann Cooper, CPJ’s executive director,
criticized Harare for tightening media laws at a time when other
African countries were moving to relax controls.
"CPJ
is outraged at your government’s continued clampdown on the independent
media in Zimbabwe, including proposed new legislation that could
be used to jail journalists for up to 20 years," Cooper wrote.
Under
the Criminal Law (Codification and Reform) Bill, journalists can
be jailed for up to 20 years for publishing "false" information
that could endanger public safety, damage the defence and economic
interests of Zimbabwe, promote public disorder or undermine public
confidence in state security forces.
Under
existing law, Zimbabwean journalists already face a two-year jail
term and can be banned from practicing for life for publishing "false"
information. Even for publishing the verifiable truth they often
suffer severe legal harassment, including unlawful arrest, imprisonment
and torture.
At
present the ruling party has exclusive control of the state media,
while the opposition Movement for Democratic Change is denied access
to state radio, television and newspapers.
(See the story
on Zim Online – www.zimonline.co.za)
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2.1.5
Equal opportunity for all political parties to access the state
media
4.1.1
Constitutional and legal guarantees of freedom and rights of citizens
4.1.2
Conducive environment for free, fair and peaceful elections
7.4
(Government to) safeguard the human and civil liberties of all citizens
including the freedom of … expression … as well as access to the
media on the part of all stakeholders …
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05.12.04
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WARNING
OF FOOD MANIPULATION AHEAD OF POLL
The
Movement for Democratic Change (MDC) says the ruling party, ZANU
PF, is seeking to establish a complete monopoly on food aid distribution
in the run-up to the parliamentary elections of March 2005.
The
MDC’s shadow minister for Lands and Agriculture, Renson Gasela,
says that the government is secretly importing maize in order to
facilitate its agenda.
"Inflating
crop yields does not only provide a useful pretext for terminating
food relief efforts by international NGOs," he said, "but
it also creates a convenient smokescreen behind which government
can covertly import food to coerce a hungry electorate in the run-up
to the elections."
A
recent investigation by the Parliamentary Committee on Lands and
Agriculture found that instead of the predicted 1,2 million tonnes
of maize being delivered to the Grain Marketing Board, only 351
810 tonnes had been delivered by October – equivalent to little
more than two months’ supply for the whole country.
"Despite
the compelling evidence on the ground, the government continues
to tell the people of Zimbabwe and the outside world that we have
enough food and do not need outside assistance. The government is
playing with our lives; we are fast running out of food," said
Gasela.
At
the same time, Bulawayo City Council minutes reveal that another
10 people died as a result of malnutrition in November. The 10 comprised
nine children under the age of four and a 70 year-old man. This
brings to 180 the malnutrition death toll recorded in the city over
the past year. The Executive Mayor of Bulawayo and the city’s Director
of Health have in the past been subjected to threats and abuse from
leading ZANU PF politicians for daring to publish the facts.
(For further
details refer to the report in The Standard – http://www.thestandard.co.zw/)
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4.1.
2 Conducive environment for free, fair and peaceful elections
7.5
(Government to) take all necessary measures and precautions to prevent
the perpetration of fraud, rigging or any other illegal practices
throughout the whole electoral process …
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On the basis of these
and numerous other daily breaches of the SADC Protocol on Democratic Elections,
it can be seen that the Mugabe regime has yet to show any serious intent
to change its ways or to begin to prepare for anything resembling fair
and free elections. In fact a new raft of oppressive legislation rushed
through Parliament will result in a situation even worse than that which
prevailed during the Parliamentary Elections of 2000 and Presidential
Election of 2002, both of which were heavily criticized by observer missions
from the international community.
And the March 2005 Parliamentary
Elections are now a matter of weeks away …..
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