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Zimbabwe and the Cotonou Agreement
Crisis in Zimbabwe Co-ordinating Committee
January 10, 2002

The Crisis in Zimbabwe Organisation (CCZ) represents 250 Zimbabwean civil society organizations, and derives its mandate from the 4 August 2001 Crisis in Zimbabwe Conference.

The Crisis in Zimbabwe Co-Coordinating Committee ("the Crisis Committee") notes that Clause 7 of Article 8 of the Cotonou Agreement provides that civil society organizations should be involved in the process of political dialogue between the European Community and State Parties.

The Crisis Committee therefore believes that the views of civil society in Zimbabwe should constitute an essential component of the current dialogue between the European Union and the Zimbabwe Government under Article 96 of the Cotonou Agreement.

The Crisis Committee fully endorses the sentiments in the Preamble to the Cotonou Agreement that "a political environment guaranteeing peace, security and stability, respect for human rights, democratic principles and the rule of law, and good governance is part and parcel of long term development".

The committee notes the reference in the Preamble to the many human rights declarations, conventions, covenants, most of which have been signed and ratified by the Zimbabwe Government.

It notes that respect for human rights, democratic principles and the rule of law constitute the Essential Elements of the Cotonou Agreement, whilst good governance constitutes the Fundamental Element.

Clause 4 of Article 9 states that the partnership under the Cotonou Agreement is intended to support "the promotion of human rights, processes of democratisation, consolidation of the rule of law, and good governance".

The committee believes that there is overwhelming credible evidence that the Zimbabwe Government has systematically violated and continues to violate both the Essential Elements and the Fundamental Element of the Cotonou Agreement. It therefore considers that the decision of the European Union to begin dialogue in accordance with Article 9 of the Cotonou Agreement was fully justified.

This evidence is contained in a series of reliable reports listed in Annexure A to this document. The evidence of continuing violations during discussion period under Article 9 of the Cotonou Agreement is contained in the reports referred to in Annexure B.

The Crisis Committee believes that there has been no credible attempt by the Zimbabwe Government during the period of Article 9 discussions to address the concerns about violations of the Essential Elements and the Fundamental Element. Furthermore, there has been no credible attempt by the Zimbabwe Government to consult civil society or meet with civil society according to the requests of civil society as required by Clause 1 of Article 10.

The Zimbabwe government has wholly failed to fulfil its obligations "stemming from respect for human rights, democratic principles and the rule of law referred to in paragraph 2 of Article 9", and this dereliction is so serious as to indicate a "case of special urgency".

Clause 2b of Article 96 of the Cotonou Agreement refers to "exceptional cases of particularly serious and flagrant violation of one of the essential elements." The evidence clearly establishes serious and flagrant violation of all the essential elements. Over the last few weeks the situation has deteriorated further with the deployment of militant youths around the country to engage in violent intimidation on behalf ZANU (PF). This and the forcing through of draconian legislation to stifle the independent press, to stop dissent and civic protest and to impose additional unreasonable restrictions into the electoral process is a clear indication that the Zimbabwean Government is bent upon full scale repression.

The Crisis Committee therefore submits that the Zimbabwe case is one of "special urgency" which requires urgent and immediate action on the part of the Zimbabwe Government.

The Crisis Committee recommends that in terms of Article 96 the Government of Zimbabwe be required to undertake specific actions in order to comply with Article 9 where such actions include but are not restricted to the following:

The immediate return to respect for human rights, democratic principles and the rule of law, being the essential elements, including:

• The immediate cessation of all organised violence and torture;
• The immediate disbanding of all militia and in particular youth militia;
• The application of the rule of law without political favour;
• The restoration of non-partisan enforcement of the law by the police;
• The prosecution of all those involved in human rights violations;
• The repeal of all draconian legislation, including the Public Order and Security Act, the Access to Information and Protection of Privacy Act, and the "Harmonised" Labour Act.
• The suspension of the use by the President of his powers under the Presidential Powers (Temporary Measures) Act;
• The establishment of an independent electoral commission;
• The acceptance that civil society organisations can carry out voter education;
• The conduct of the Presidential Election under a common roll instead of under a system of constituency based voting;
• The allowance of postal voting by all Zimbabwean citizens outside Zimbabwe;
• The barring of the use by the President of the sweeping powers granted to him under section 158 of the Electoral Act to interfere with the electoral process.

In relation to the forthcoming Presidential elections, the Crisis Committee recommends that the Zimbabwe Government adhere to the election standards adopted by the SADC Parliamentary Forum in March 2001, simplified by the Zimbabwe Election Support Network in December 2001.

The Zimbabwe Government must undertake to allow the observation of the upcoming elections in March 2002 by representatives of other countries, regional and international bodies and local and international civic organisations and that such observers should be permitted to commence their observation immediately should they wish to do so.

Unless these measures are taken human rights will continue to be extensively violated. No free and fair elections can take place if there is a continuation of political violence and blatant manipulation of the electoral process.

In order to establish whether these measures have been implemented, it is necessary for there to be an effective monitoring system based in Zimbabwe. The Crisis Committee recommends the immediate establishment of a monitoring Commission to carry out the function of verification. This could consist of representatives from the European Union, the Commonwealth, SADC, the United Nations, and representatives of the Zimbabwe Government, political parties, Churches and civil society. This Commission should have power to investigate and report without restriction or hindrance.

In the event of non-compliance by the Zimbabwe Government, the Crisis Committee considers that the Council of Europe should undertake actions in concert with those being considered or taken by other concerned parties, notably the Commonwealth in terms of the Harare Declaration.

In conclusion the Crisis Committee notes that Clause 2c of Article 96 of the Cotonou Agreement specifies that actions should be "in accordance with international law, and proportional to the violation".

The Crisis Committee wishes to emphasise that the ordinary citizens of Zimbabwe are the victims of the current crisis and not the perpetrators, and that any punitive actions should be targeted at those responsible for the Zimbabwe crisis and not at ordinary Zimbabweans.

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