Diamond group denies giving Zim green light to sell diamonds

SW Radio Africa News Stories for 29 June 2010

By Alex Bell
29 June 2010

An international group of diamond industry stakeholders has denied reports that it gave Zimbabwean Mines Minister Obert Mpofu the ‘green light’ to sell the country’s controversial gems.

The Zimbabwe Guardian reported on Monday that the World Diamond Council, which monitors diamond trade standards, had given Mpofu the go ahead to sell Zimbabwe’s precious stones. This is despite an international suspension of sales remaining in place, after a meeting of the Kimberley Process last week ended with no agreement on how to deal with Zimbabwe’s diamond crisis.

Monday’s report quoted Minister Mpofu as saying that the stones were already being sold, adding that the World Diamond council had given Zimbabwe “the green light.” The report said the alleged decision by the World Diamond Council was “a slap in the face of the Kimberley Process and further discredits that organisation.”

But World Diamond Council President Eli Izhakoff has denied the claims, calling them “erroneous and absolutely not true.” He told SW Radio Africa by email that only the Kimberley Process can make that decision, and “as everyone is aware, that did not happen.”

The legal certification of gems from the Chiadzwa diamond fields, which would allow their sale, was suspended after evidence surfaced of massive human rights abuses, as well as high level corruption. Human rights groups have been calling for Zimbabwe’s complete suspension from international trade until the abuses stop. But the Kimberley Process, tasked with ending the trade in conflict diamonds, refused to listen to these calls, instead deciding to grant Zimbabwe more time to meet international standards.

This deadline has passed and last week’s meeting of the Kimberley Process in Israel was set to decide Zimbabwe’s trade future. Australia, Canada, the European Union and the United States all opposed a recommendation to approve diamond sales from Chiadzwa. But other Kimberley Process members voted to give Zimbabwe diamonds certification. The lack of consensus means no decision has been taken and yet another meeting has been set down for next month to find a way forward. In the mean time, Minister Mpofu has threatened to sell the stones, regardless of certification.

The situation has seen more criticism being aimed at the Kimberley Process, which has been accused of being an ‘ineffective’ body and failing Zimbabwe. Thousands of people from across the world have been voicing their anger and frustration with this failure, by signing an online petition calling for a complete reform of the monitoring body. The petition, started by ethical jewellery group Brilliant Earth, calls on the Kimberley Process to broaden its mandate to sufficiently address human rights abuses in the diamond trade. “Most importantly, it should incorporate worker exploitation, violence, child labour, and environmental destruction,” the petition reads.

“Consumers are outraged that the Kimberley Process is not protecting the basic human rights or dignity of diamond miners. They find the ‘conflict-free’ certification to be misleading, and are appalled that nothing is being done to change the situation in Zimbabwe,” said Beth Gerstein, the founder of Brilliant Earth.

Jailed diamond researcher back in court Wednesday

SW Radio Africa News Stories for 29 June 2010

By Alex Bell
29 June 2010

Jailed diamond researcher Farai Maguwu is expected back in court on Wednesday, almost four weeks since his arrest.

Maguwu, who heads the Mutare based Centre for Research and Development, is facing charges of ‘communicating falsehoods’ in connection with information he was disseminating about Zimbabwe’s diamond crisis. His organisation has been at the forefront of exposing the human rights abuses still ongoing at the Chiadzwa diamond fields, and it’s widely believed his arrest was a deliberate ploy to silence him.

He was arrested soon after a fact-finding meeting on the Chiadzwa diamonds, with Kimberley Process monitor Abbey Chikane. Maguwu has said that Chikane ‘shopped’ him to the police because of the information he gave. Maguwu is being charged under the Criminal Law Codification and Reform Act for allegedly communicating information that is prejudicial to the State.

Maguwu has been remanded in custody and denied bail despite his ill health, which has seen him undergo surgery on his throat. He was forcibly removed from the Avenues Hospital last Monday, three days after undergoing surgery. Despite pleas from the defence team, Maguwu was taken back to the ill-equipped hospital at Harare Remand Prison.

Meanwhile there are growing demands for Maguwu’s immediate release. The Southern African Development Community Lawyers Association (SADC LA) has expressed its “indignation over the denial of bail to Farai Maguwu and his continued detention despite his apparent poor health.” At the same time the World Diamond Council has also called for Maguwu’s release, slamming the government for allowing his detention.

“The World Diamond Council condemns, without equivocation, the intimidation of individuals legitimately carrying out their duties as observers or participants in the Kimberley Process,” a statement read.

Abducted MDC activists found detained in Marondera

SW Radio Africa News Stories for 29 June 2010

By Lance Guma
29 June 2010

Three MDC activists abducted by state security agents last week, and whose whereabouts were briefly unknown for days, have now been found, detained at Marondera central police station.

On Thursday last week we reported how Rodreck Shamuyarira, Temba Masimura and another activist known as Mukunyadze were abducted in Chief Svosve’s area, by a group of armed men driving a white double-cab CAM truck. The MDC said the three were targeted because they had been instrumental in mobilizing party supporters in Marondera East to participate in the constitutional outreach meetings.

This week the MDC claimed that the armed men who carried out the abductions were led by a well known Central Intelligence Organization (CIO) operative known as Kuleya, and another officer from the police Law and Order section called Munatsi. Shamuyarira was the first to be abducted at Twoboy Business Centre, while Masimara was kidnapped in Village 17 in ward 21 of Marondera East and Makunyadze was later abducted outside Marondera Hotel.

In an effort to justify the persecution, police are now claiming the three activists assaulted Arthur Ngoma, a ZANU PF activist in the area. No further details of the incident were available. Newsreel understands the activists are now being asked to US$20 fines in order to secure their release.

MDC spokesman Nelson Chamisa said the incident was a typical case of ZANU PF accusing their people as a way of victimizing them. ‘This is how our leaders and supporters across the board are treated,’ he said. Meanwhile one of the co-chairs of the Constitutional Parliamentary Committee, Douglas Mwonzora, has said members of the army and CIO should stay away from the outreach exercise to allow people to contribute their views freely, without fear or intimidation.

COPAC convene crisis meeting to review outreach program

SW Radio Africa News Stories for 29 June 2010

By Tichaona Sibanda
29 June 2010

The management committee of COPAC, that is spearheading the constitutional outreach program, met in Harare on Tuesday to review problems besetting the redrafting of a new constitution.
The initial response from the outreach teams deployed throughout the country since last week has been mostly damning of COPAC’s capacity to manage this mammoth task.
The 65 day program has so far been dogged with reports that members of outreach teams, including rapporteurs, are sleeping rough after most hotels kicked them out for non-payment of bills.
SW Radio was told on Tuesday many members of the outreach teams are going hours without food, as most have still not been paid their allowances.

In addition to the poor management of funds there are also fuel shortages that have left many teams stranded without any means of transport. Violence also reared its ugly head on Sunday when three civil society monitors sustained ear and head injuries after they were assaulted with logs, by suspected ZANU PF youths in Mashonaland West. The victims are part of the 420 independent monitors seconded by the Zimbabwe Peace Project, the Zimbabwe Election Support Network and the Zimbabwe Lawyers for Human rights, to shadow the troubled parliament-led constitution programme. COPAC’s co-chairperson, Douglas Mwonzora, confirmed they were meeting to deal with the crisis enveloping the constitution making process.

‘I’m at the meeting right now and my guess is we will probably finish late in the evening,’ Mwonzora said. Tabvirita Khumalo, an independent observer, told us the COPAC management team needed to move fast to rectify the problems. ‘I don’t think the management committee had any idea how huge this program was going to be. If they had any foresight at all, they would have employed people on their secretariat with experience in logistics and transport,’ Khumalo said.

He added; ‘I observed the redrafting of a new constitution in Ugandan in 1995 and it was done professionally because they had people with the knowledge leading the campaign.’
Our correspondent Simon Muchemwa gave us his assessment of the program so far after visiting some areas in Masvingo province.

He told us efforts by ZANU PF to intimidate and influence the input by villagers in Chivi district during the outreach meeting this week left the villagers confused about what to say and they could not understand what was required of them when answering talking point questions.

Muchemwa said the local chief had already threatened MDC supporters from attending the consultative meetings on Sunday, resulting in three areas failing to hold any meetings.

‘However there was drama and a mini ZANU PF rally at Dzimire primary school where almost 180 party supporters gathered. During the proceedings it was clear the villagers were coached but could not differentiate the questions to the answers they had. At the end of the day the input by these villagers was meaningless in terms of content,’ Muchemwa said.

Members of the dreaded CIO attended the meeting. The MDC protested at their presence, at which COPAC members requested the ‘spies’ to view the proceedings from a distance, but they chose to stay put in their vehicles.

SW Radio Africa - Diaspora Diaries, Callback ...

News Stories for 29 June 2010

Diaspora Diaries
With the constitutional outreach exercise finally underway in Zimbabwe, Alex Bell talks to exiled human rights lawyer Gabriel Shumba, about the dangers of excluding the Diaspora from the process. Shumba, from the Zimbabwe Exiles Forum, says this exclusion makes a mockery of the process which is already marred by intimidation and harassment.
………………….

Callback
Today on callback Tich speaks to Morgan Femai in Marondera about the constitutional outreach. He says despite fears people would be intimidated from participating there was much enthusiasm to air their views. Clifford in London is disappointed by the Kimberly Process monitor Abbey Chikane and says that the diamond watch-dog organisation must send a committee, not an individual, to investigate illegal diamond smuggling and human rights abuses by the Zim government in Marange. ………………….

Different Points of View
Duane voices further concerns relating to the new constitution and upcoming elections.

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HOT SEAT: Global Witness on Kimberley Process & Zimbabwe diamonds

LINK: http://www.swradioafrica.com/pages/hotseat280610.htm

SW Radio Africa Transcript

HOT SEAT: Global Witness on Kimberley Process & Zimbabwe diamonds

The human rights campaigner tells us why there was a lack of consensus at the Kimberley Process meeting in Israel over the certification of Zimbabwe’s Chiadzwa diamonds, and why there was also no consensus on the future role of the controversial KP Monitor, Abbey Chikane. What are the implications of Zimbabwe’s threat to unilaterally export diamonds?


BROADCAST: – 25 JUNE 2010


VIOLET GONDA: Member states and partners of the Kimberley Process, an organization set up eight years ago to eradicate the trade in blood diamonds, failed to reach agreement on whether to allow Zimbabwe to resume its trade in diamonds from the controversial Chiadzwa fields. To get the details on the outcome of the KP meeting in Israel, I spoke to human rights campaigner Elly Harrowell from Global Witness – an organisation that is a member of the Kimberley Process Civil Society Coalition. I first asked her to tell us what happened at the meeting.


ELLY HARROWELL: Well as you know, the meeting in Israel was a long meeting, quite a difficult meeting. We spent a lot of time discussing the situation in Zimbabwe and whether or not exports of rough diamonds from Marange could go ahead. We were at the negotiating table for a very, very long time. These talks went on through the night up to 5.30 in the morning and were even reconvened after the conference had officially closed. So there were a lot of people trying very hard to find a way through this crisis but unfortunately as it stands, we weren’t able to find consensus on a way forward. We’ve come out of this meeting still with a few questions hanging in the air but I would say that I think that the negotiations aren’t over and I think there is a lot of will on the part of all members of the Kimberley Process to try and work together over the next few weeks to find a solution to this problem.


GONDA: Right so now as it stands, Zimbabwe is not allowed to export diamonds?


HARROWELL: Yes as it stands, there wasn’t consensus to allow exports of rough diamonds from the Marange diamond fields. Of course the other mines in Zimbabwe are not the subject of this Joint Work Plan and so they are perfectly able to go ahead and export as normal, but there wasn’t consensus for exports from Marange, simply because a lot of participants, or a number of participants still have serious concerns regarding the situation on the ground in Marange. The fact that not enough progress and not enough change has occurred since we got together in Swartkopmund for the plenary session last year and until some of these changes happen we can’t be confident that the diamonds being produced in Marange are compliant with the minimum requirements of the scheme.


GONDA: And I understand that delegates at the meeting were sharply divided over the Zimbabwe diamond saga and you’ve just explained why some people were still not happy to lift the ban, but why were the others happy to support Zimbabwe because I understand that countries from Southern Africa were particularly supporting this. What is the reason for this?


HARROWELL: It’s true. I think one of the key problems; one of the key reasons that countries took such differing stances was actually a lack of communication. To give some background to your listeners on how the Kimberley Process works, the situation in Zimbabwe and the Working Plan and the report of the Kimberley Process monitor are all discussed in the Monitoring Working Group, which is a smaller group of Kimberley Process members. Now in discussions in recent weeks in this Working Group, there hasn’t been consensus on the reports that the Kimberly Process monitor, Abbey Chikane, presented. A number of participants weren’t happy that this report was accurate or represented all of the facts from the ground. Unfortunately, I think the Zimbabwean delegation took advantage of this – the fact that only a smaller group has been having these discussions and somehow the report has been presented to the wider group, the wider Kimberley Process community as having been accepted.


That means obviously that some countries can’t understand why we wouldn’t be allowing exports if this report has been accepted but it hasn’t been accepted. There are still deep concerns about the accuracy and content of it. So we’re in the situation where there is a lack of understanding of the base line that we’re working from I think. However, I wouldn’t necessarily characterise the Kimberley Process as being deeply divided at this point. One thing that became very clear through the discussions that we’ve had this week and the amount of people who remained at the table at 5.30 in the morning was that there is unity in the Kimberley Process in the importance we place on trying to find a solution to this issue and there is unity on wanting Zimbabwe to become compliant with the Kimberley Process and to be able to export its diamonds once it is compliant with these rules. So whilst there may be different feelings about the current situation and the accuracy of the information presented and the exact next steps there is a great deal of mutual understanding of the importance of this issue and a great deal of will from participants to try and find a practical and positive solution.


GONDA: And you’ve just said that there has been deep concern within the KP about the accuracy of Mr Chikane’s report. Now there’s also been serious allegations that have been raised about the monitor and people question his impartiality and that a source of his information Farai Maguwu became a target after they’d had a meeting in Zimbabwe about the situation in the Chiadzwa area. Was this brought up and if so what happens to Mr Chikane since all these questions have been raised about his conduct?


HARROWELL: Yes, we at Global Witness have been very concerned about the information contained in Mr Chikane’s report, or in fact more accurately about the information that isn’t contained in Mr Chikane’s report. We have concerns that it didn’t reflect a lot of what is going on in the ground in terms of the military’s involvement in mining and smuggling, in terms of the very high illicit trade crossing the border into Mozambique, and in terms of on-going rights abuses carried out by State bodies. We also had concerns about his conduct when he was on the ground in Zimbabwe about the fact that he turned up to a meeting with local civil society who as we all know, work in a very difficult context, accompanied by State minders. This is for us is a deeply troubling thing to do. We have made those concerns very clear at this meeting as have a number of participants. In terms of Mr Maguwu and his on-going detention, this was a matter that was raised time and again at this meeting. Most participants here I would say have expressed deep concern at his on-going detention and it really is a question that has hung over this meeting. It drives to the very heart of the Kimberley Process. Your listeners may or may not know but one of the unique things about the Kimberley Process when it was set up was the way that it brought together three main parties to try and work collaboratively to solve the issue of conflict diamonds. Those parties being governments, the industry and civil society. Now if one third of the Kimberley Process, that is civil society, can’t do its job on the ground in Zimbabwe, if civil society activists who attempt to provide the Kimberley Process with information, with research, with news and so on, if they are then persecuted or arrested, then that really does undermine the tri-partite system at the heart of the scheme. So yes, the question of Farai Maguwu was very much at the centre of discussions this week and I think that participants in the Kimberley Process sent a very strong message to the Zimbabwean authorities that his arrest and continued detention really isn’t acceptable.


GONDA: What about Mr Chikane? Does he remain the Zimbabwe monitor?


HARROWELL: Yes, well this comes back to the lack of consensus on the way forward. The role of the KP monitor is part of the wider Joint Work Plan agreed between the Kimberley Process and Zimbabwe last year. So whilst there’s no consensus on how to move forward within this Joint Work Plan it means that there’s no consensus either on how to, on Mr Chikane’s future role. So I imagine that this will be another thing that will form part of on-going negotiations over the next few weeks.


GONDA: And some have said that the KP should not have allowed one person to investigate the situation in Zimbabwe but rather sent, set out a task force. Do you agree with this?


HARROWELL: Possibly. I think it is easy to look back with hindsight on the decisions that we made in another late night session in Swartkopmund six months ago. Looking now, I think that we as civil society are very open to thinking creatively about a monitoring team in the future. How can we ensure that the monitor, whether it’s one person or whether it’s a team, is getting all the information they need and is reflecting this back to the Kimberley Process. So yes, we are very open to the idea that a team could go, or any number of more creative solutions to this issue. Of course another aspect of the Joint Work Plan is the provision for a review mission, the official Kimberley Process review mission to visit Zimbabwe. That should have gone in March, however no invitation has been forthcoming from the Zimbabwean authorities until at least last week, but this review mission would reflect the tri-partite nature of the Kimberley Process and would also be able to play a role in finding out more about what is going on, on the ground. So yes, a more creative monitoring mechanism may be necessary, I think that at this point the more clear and accurate information we can get from what’s going on in Marange the better it will be able to make decisions on how to move forward.


GONDA: And what has been the reaction from the Zimbabwean government in terms of the KP not lifting the ban on the exports?


HARROWELL: It’s been an interesting reaction I think. On the one hand they haven’t walked out, they haven’t left the Kimberley Process, which I think a lot of people were worrying about beforehand. We remain concerned about some of the language they were using throughout the week especially regarding civil society. But the threats they have made are to instead to just unilaterally export diamonds. What this means is that it’s not leaving the Kimberley Process but it’s reinterpreting the rules in the situation. They’re taking the monitor’s report as fact, they’re taking it to be universally accepted and they may yet go ahead and try and export diamonds without the monitor’s sign off. We hope that they won’t do this. We sincerely hope they will continue to work within the Kimberley Process, to work with all members of the Kimberley Process to find a solution to the situation. What will be tricky is that if they do follow through with their threats to start unilaterally exporting diamonds, it will be difficult for Kimberley Process members to refuse them.


To explain a bit about how the KP works – it’s not an international treaty organisation, it’s implemented through the domestic legislation of each member country and many of these member countries have got legislation that ties what they can and can’t do to the list of countries on the Kimberly Process web site. So as long as Zimbabwe isn’t suspended or doesn’t walk away, then a number of countries will find it quite difficult to refuse shipments. So I think it is going to be very important for participant countries to come together in the next few weeks and try and decide on a way of dealing with this situation. I also think that it will be absolutely imperative that the industry steps up in the next few weeks – they’ll have a pivotal role to play in ensuring that rough diamonds aren’t leaving Marange without the full consent of all Kimberley Process members. So really I would call on the industry to step up to the mark here and to show that they can play a very strong role in regulating the international diamond trade.


GONDA: I was actually going to ask that - can the Kimberley Process actually stop the sale of these diamonds, these Zimbabwean diamonds and is there policing for that?


HARROWELL: Whilst they remain a member, it’s a very tricky situation for the Kimberley Process to deal with. I think it will require a creative solution and that’s something actually the Kimberley Process has often been quite good at working out, creative solutions to problems. It’s a relatively young scheme and so quite often we are working on issues that are within the Kimberley Process unprecedented and we are trying to, having to find a way forward as issues arise. And as I say, I think that central to the response, central to the ability to regulate the flow of Marange diamonds that haven’t been approved by the Kimberley Process will be the industry, will be the cutting and polishing industry in different countries around the world, will be the trading industry and they are really going to have to think long and hard about how they respond to this issue.


GONDA: Are there people right now who would be interested in dealing with the Zimbabwean government before the situation has been resolved within the Kimberley Process? Are there people in the world who actually go along with this right now?


HARROWELL: Well I think it’s quite clear that all the time that we’ve been talking about Marange, Marange diamonds have been reaching the international markets. There is a very brisk trade in diamonds from Marange across the border into Mozambique to Vila de Manica. One of my colleagues from a different civil society organisation, recently visited Manica and counted 30 diamond trading houses, trading in diamonds from Marange. So evidently even now, even six months ago when we first put this Joint Work Plan into place, there were people out there willing to trade in Marange diamonds and to accept Marange diamonds into the international system. So this is really an issue that has been on the table for a while but I think now it will become sharply into focus and Kimberley Process members, governments, industry, civil society are going to have to sit down and work out how they can deal with people who are willing to go outside the KP consensus.


GONDA: Right and of course the Zimbabwean government is saying that it’s a bunch of westerners who are making complaints as part of their regime change agenda. What can you say about this?


HARROWELL: I would completely refute those accusations. The Kimberley Process is at its heart, a technical scheme. It is an import/export certification scheme based on very technical requirements. Now the reason we, and I would say that other governments as well, the reason that they haven’t been happy to give the go-ahead for exports from Marange at the present time is simply because the technical requirements of the Kimberly Process in Marange as a whole remain unfulfilled. We still, as I mentioned at the start of the programme, there are still real issues with smuggling over the border, there’re still issues with the internal controls in Marange when you have the people who are meant to be ensuring internal controls in fact running syndicates and driving the illicit trade – then that represents a real problem to compliance, to Zimbabwe’s compliance with the Kimberly Process. So no, this isn’t to do with regime change, this isn’t to do with western governments ganging up on someone, it’s, I think that’s a very clear attempt on the part on Mr Mpofu to divert attention from the issues at hand and the issues at hand are technical issues, they are technical areas in which Marange, and operations in Marange as a whole, do not comply with the requirements of the scheme then how can we allow these diamonds to be exported? How can we assure consumers that they are getting a clean diamond at the end of it?


GONDA: Do you think that the KP has handled the Zim saga effectively since technically the government can still sell the diamonds since it hasn’t even pulled out of the KP?


HARROWELL: Yes it’s a difficult one to answer. I think the Kimberley Process has been to a certain extent, feeling its way through this crisis. The Joint Work Plan which was decided last year was an unprecedented step, never before has the Kimberley Process attempted to look just at one producing area in the country instead of looking at the country as a whole and evidently, this new approach which civil society still remains somewhat sceptical about. We’re not sure that the country should be able to pick and choose the areas in which it is compliant with the rules and section off different areas that aren’t. But that aside, the Kimberley Process has been working in an unprecedented manner and I think there has been teething problems and issues that perhaps weren’t envisaged at the start when we were negotiating this agreement that have perhaps made the application of the Joint Work Plan, the collaboration of Zimbabwe and bringing them back into compliance, more difficult or more complicated than was first envisaged. I think that’s the nature of dealing with situations as they arise in a creative way. Sometimes you don’t quite foresee all the issues that might end up on the table, but I would come back again to the point that whereas it’s been very difficult, whereas negotiations were tense and fraught and difficult, there are still a lot of people remaining at the table, there are a lot of people who want to see this situation resolved, who want to see Zimbabwe in compliance exporting its diamonds for the benefit of the Zimbabwean people so there’s still a lot of will to see this through and see it to a positive conclusion.


GONDA: And in terms of the value of the diamonds does the Zimbabwe government stand to lose or make more from dealing on the black market as compared to if it was dealing as a registered KP member?


HARROWELL: Yes I think that the Zimbabwean government wanted to stay in the KP and want to deal legitimately simply, if you deal on the black market, you don’t get as good a price for your goods and we want the Zimbabwe government to deal legitimately. Dealing on the black market won’t allow very valuable diamond wealth to start flowing into the State coffers and to start rebuilding the Zimbabwean economy and funding education and health care and all the things that are so vital to the ordinary man on the street in Zimbabwe, so we would very much urge the Zimbabwe government to stay in the KP to work with everyone who has been working very hard over the past few years, the past few days to get Zimbabwe on the right track because by selling diamonds legitimately they’ll get a better price and that money will go to helping the Zimbabwean State get back on its feet. Selling on the black market is very much a less positive option for them I would say.


GONDA: And is it possible to trace the diamonds sold on the black market to find out where they came from?


HARROWELL: The difficulty with the Kimberley Process is that as a scheme it only applies to rough diamonds and not polished diamonds so once a diamond reaches a cutting and polishing factory in say India or Dubai or China or Antwerp, as soon as it’s cut, you lose the ability to trace it. That means it can go anywhere in the world from that moment on and end up in any market, any jewellery store and the consumer won’t know where it’s come from. The key is for the KP to be looking at this at the source, for people to be acting on that first link in the chain to stop the exports coming out from Zimbabwe because that’s the only place actually the Kimberley Process as a scheme has leverage is on the rough trade. We have long been campaigning at Global Witness to extend the statistical oversight of the Kimberley Process to include cutting and polishing centres so that participants would be able reconcile figures of what’s going in to polishing centres and what is coming out and make sure that there isn’t an illicit stream of diamonds also going in and getting laundered into the process. I think the situation we have right now highlights why such a move would be so important but for the time being the KP still only has oversight over the trade in rough diamonds and once they get to a cutting and polishing centre they are lost to the oversight of the Kimberley Process.


GONDA: Earlier on you mentioned that it’s only the diamonds from the Chiadzwa fields that have been affected. What is the situation with the other diamond mines in Zimbabwe?


HARROWELL: Yes the Joint Work Plan that was agreed at Swartkopmund last year was only meant to address problems in Chiadzwa Marange diamond field; that actually is in itself quite an unprecedented step for the Kimberley Process because it doesn’t normally subdivide countries into different regions. The other diamond fields are two mines in Zimbabwe, River Ranch and Murowa and as far as we know, things seem to be going pretty well at those mines; they haven’t posed any challenges in recent years to the compliance of Zimbabwe with the Kimberley Process.


GONDA: So as human rights groups you have done investigations into the mining activities of these other two diamond mines in Zimbabwe?


HARROWELL: No we as Global Witness haven’t run any investigations into activities at Murowa or at River Ranch. They haven’t really come up on the agenda that much.


GONDA: Why is it though that people are concentrating on Marange?


HARROWELL: Well there’s an interesting question about the kind of diamond deposit found at Marange as opposed to at the other mines. Marange is what we call an alluvial diamond field which means the diamonds are very easy to get at, they are near the surface and can be got with quite low grade technology – digging and sifting and so on. The other two mines in Zimbabwe aren’t mines of this type and so they don’t represent the same problems of securitisation and so on. To give you some context, the classic diamond-fuelled war that we saw in places like Sierra Leone and Liberia involved diamond fields of the alluvial type so they really have been the ones to pose security challenges and have unfortunately provoked in a lot of cases a very brutal response from the authorities.


GONDA: What’s the next step after this meeting?


HARROWELL: Well I think the important point to retain is that negotiations, at least from our point of view and I think from the point of view of most people around the table, aren’t over. I think it’s very important that Kimberley Process members continue to engage with Zimbabwe and I absolutely urge the Zimbabwean government to respond, to work with members of the Kimberley Process and absolutely to work with civil society in a constructive and a collaborative manner to find a way forward that is amenable to everybody. I think, I believe from the Kimberley Process chair’s final statement, that he is looking to convene a meeting in the near future to get everyone back together to try and discuss how we can move forward and we very much hope that such a meeting could find a way to resolve this situation. Perhaps when everyone around the negotiation table has had a little more sleep than we have had this week. I think it’s important to us to reflect on what’s happened this week in Tel Aviv. It’s been a really hard week for everyone involved; the negotiations we’ve had have been difficult and draining and we’ve also had on-going concerns and worries about our colleague Farai Maguwu who remains in prison, but we don’t think that this is the end. We very much think that the Kimberley Process still has more work to do and there can still be on-going negotiations that we will be taking part in wholeheartedly in order to try and find a resolution.


GONDA: Thank you very much Ellie Harrowell from Global Witness. Thank you for speaking to us on the programme Hot Seat.


HARROWELL: You’re welcome, it’s been a pleasure.


Feedback can be sent to violet@swradioafrica.com

Constitution Outreach: News Round-Up, 25 June - 29 June

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Sokwanele - Enough is Enough - Zimbabwe
PROMOTING NON-VIOLENT PRINCIPLES TO ACHIEVE DEMOCRACY

Constitution Outreach: News Round-Up, 25 June – 29 June
Sokwanele : 29 June 2010

This is our second mailing providing extracts of news items focussing on the constitution outreach process. To review previous news items, or follow updates daily, please visit the Constitution Resource page on the Sokwanele website.

25 June 2010 - cont

Women must be educated on constitution making

As Zimbabwe embarks on drafting a new constitution, not all women are upbeat about the process. Ordinary women remain in the dark about the proposed new constitution and what exactly they are supposed to contribute. Activists warn that this could lead to women being left out of the constitutional making process and therefore lose out on their constitutional rights. “It could compromise women’s rights advocacy and the drive to have more women in parliament and other decision-making positions,” warns Rejoice Timire of the Disabled Women Support Organisation. For women’s issues to come out as they want in the constitution, it needs women at the grassroots to be educated about what is a constitution. If they don’t know what is a constitution then we cannot say our issues will come out as we want them to as Zimbabwean women,” Timire told IPS [Via Catholic Information Service for Africa]

26 June 2010

Zanu PF’s ’script-writing’ outreach strategy backfires

Before the commencement of the outreach programme last week, Zanu PF allegedly went around the country providing its supporters with “appropriate” answers for the constitution talking points. There are also allegations that the party selected people who would make contributions at these meetings while strongly warning everyone else to stay put. Out of about 100 people gathered for the Igava meeting, only a handful were raising their hands to speak. What was striking in all the contributions was the prefixing of an answer with the phrase “an executive president anenhorowondo yenyika ino”, which loosely translates to “an executive president with a traceable history”. This was the standard answer for almost all the 26 talking points to the extent that the outreach team members would laugh and say “iyi yenhorowondo tainzwa”, meaning “we have heard enough about this talk about a traceable history”. They would sometimes simply dismiss the speaker saying “hapana zvamataura”, mean ing “you did not answer the question” [Via The Standard].

Zanu PF apparently lobbying for devolution of power

The Standard reports that ZANU PF wants the new constitution to create provincial governments and put a cap on presidential terms in what observers say is an attempt to play into popular sentiments and recapture the party’s waning support. Calls for devolution of power have gained currency especially in provinces where Zanu PF’s popular support has been on a steady decline since 2000. The absence of such a clause was partly to blame for the rejection of a draft constitution produced by the then Zanu PF government in a referendum in 2000. Zanu PF, in a paper distributed to its supporters for the ongoing constitution outreach programme, now says a president should serve a maximum of two five-year terms. But it is the proposal on provincial governments that is likely to spark debate coming from a party that has stuck to a centralised system of government since independence despite cries from other provinces that the national cake was not being shared equally [...] Th e party is against the creation of provincial legislatures saying the country did not have enough resources for such structures. Governors directly appointed by the president would lead provincial governments in the country’s 10 provinces.

Mugabe succession challenge vexes constitution outreach

The hard-line positions taken by Zanu PF and the larger formation of the Movement for Democratic Change (MDC) on presidential term limits and the retention of the Prime Minister’s post may prove to be the Achilles heel for the troubled constitution-making process, which sluggishly went into gear last week [...] Attempts to re-write Zimbabwe’s constitution floundered a decade ago after Zanu PF tried to push for radical clauses on land reform and ignored popular calls for a cap on presidential term limits. [...] Analysts last week warned the issue of presidential term limits may come back to haunt the latest attempt to produce a new constitution because of the serious tug of war between Mugabe and Tsvangirai. Zanu PF, which appears resigned to having Mugabe at the helm until he drops dead has succumbed to calls for presidential terms to be limited to two but with a little provision for this to only apply after the new constit ution is adopted [Via The Standard, emphasis added].

Comment: Constitution outreach needs re-directing

Sunday’s comment piece in the The Standard focuses on the chaos and corruption dogging the constitution process, as well as Zanu PF’s crass efforts to control the debate. It concludes: “It seems that Zanu PF’s aim in coaching people on how to respond to questions is so that a constitution is produced that promotes their agenda of enabling President Mugabe not only to stand in future elections but also ensure he has another two terms in office. This means the constitution that they would rather see written is not for the general good but to serve the interests of one individual and a handful of his hangers-on who stand to benefit from his politics of patronage” [The Standard].

‘Highly vulnerable’: Comment from Cathy Buckle

‘Highly vulnerable’ is the phrase that we were hearing three days into the two month long constitutional outreach programme. Highly vulnerable is a phrase equally applicable to everyday life here. Already it is clear that our desire to create a constitution that will guide the whole nation for generations to come is not going to be easy. The people must be brave, an MDC organizing secretary said this week as he urged people to get involved in the outreach consultations. Easy to say but not so easy to do, especially when none of the perpetrators of 10 years of political violence have yet been held to account for their crimes and continue to walk free amongst us. Crimes that include rape and murder, torture and arson, theft and looting. Hardly inspires confidence in the present government but certainly instils determination in bringing an end to the old order [Comment from Cathy Buckle].

27 June 2010

Women lobby for dual citizenship

Zimbabwe Women Lawyers’ Association advocacy manager Ms Thoko Thabete said Zimbabwean women were lobbying for dual citizenship to be incorporated under the new constitution: “Because of the economic challenges that forced most young Zimbabweans into the Diaspora, many of our young women have found love outside Zimbabwe and some have married foreigners,” said Ms Thabete. “We all know situations change. When things go wrong, it is usually women and children who become victims. That is why there is this strong lobby by women for dual citizenship and the right for them to pass on their citizenship to their children and spouses.” [Via The Sunday Mail]

Copac Says No To CIO and Army

The Constitution Parliamentary Committee (COPAC) has urged members of the dreaded Central Intelligence Organisation (CIO) and soldiers to stay away from the ongoing consultations on the new constitution to allow Zimbabweans to freely air their views during the process. Douglas Mwonzora, the COPAC co-chairman although he had not heard about the reports, said they were not happy about the involvement of the army and the CIOs: “But if they are indeed happening, we condemn them in the strongest terms and urge political parties to restrain their supporters [...] We also urge members of the army and CIOs to stay away from this process and allow the people of Zimbabwe to contribute their views freely without fear or intimidation.” [Via RadioVop]

ZZZICOMP monitors assaulted by Zanu PF youths

Three ZZZICOMP monitors were on Sunday 27 June 2010 assaulted by some ZANU PF youths in Mashonaland West. The three monitors Paul Nechishanu, Artwel Katandika and Shingirayi Garira were seized by some ZANU PF youths at Scarffel Farm, Glynamel Farm and Baguta Primary School where they were monitoring the constitution making process. The ZANU PF youths used logs to assault the monitors. Garira sustained injuries on his eardrum while Nechishanu and Katandika suffered head injuries. The three monitors lost their mobile phones and some money. Only two of their mobile handsets were recovered on Monday after they were surrendered to the monitors’ colleagues by some ZANU PF supporters.The assault of the ZZZICOMP monitors follows the arrest of two other monitors in Manicaland [Via ZZZICOMP Press Release - 28 June].

28 June 2010

Army drill leaves villagers in fear in Matabeleland

A massive Zimbabwe National Army military exercise at the Godlwayo field firing range in Matabeleland left many villagers paralyzed with fear. The military drill, where live ammunition was used, aroused suspicions about its intentions, coming barely a week after the constitutional outreach programme was launched. ZNA commanders said the exercise was a ‘show of power and to test new conventional warfare concepts’. The exercise however reportedly left villagers near the firing range terrified. It was reported last week that the Joint Operations Command (JOC), a state security organization only accountable to Robert Mugabe, is spearheading ZANU PF’s campaign to foist the Kariba draft on the people of Zimbabwe during the constitutional outreach. Reports said villagers near the range thought the exercise, where heavy artillery and anti-aircraft machine guns were being used was meant to scare them into giving views in support of ZANU PF. A Bulawayo based journalist said su ch high profile drills were usually held once a year, but that the timing of the exercise this year could definitely be perceived as intimidatory [Via SW Radio Africa].

Community members, fearing violence, chase away Copac outreach team

Community members in Mashonaland West chased COPAC outreach teams away arguing that they must come in the company of police officers for security reasons. It is said that community members felt that the presence of police officers would reduce incidences of violence during the consultation as this province has a history of violence such as that of 2008. Outreach teams are said to be stranded in Hwange as they do not have fuel and allowances to travel to the meeting points. They said that they are still waiting for the resources, which also include cameras and voice recorders, from Bulawayo since yesterday. Residents are still wondering if the process will start as the teams seem not to be informed about the goings on [Via The Daily Agenda].

MDC accuses Copac of gross incompetence

The Chronicle reports that the Arthur Mutambara-led MDC has accused the Constitution Select Committee (Copac) of “gross incompetence”, which it said affected the credibility of the outreach programme: “As a party we wish to voice our displeasure on the handling of this noble national process. Among other provinces, in Bulawayo and Matabeleland South this gross incompetence has resulted in the embarrassing treatment given to the outreach teams where they have been thrown out of hotels and going for a record three days without being given food [...] It is painful to note that this bungling has happened in full knowledge of Copac that had assured the nation that all was in place [...] In Midlands the teams were deployed without [date-recording equipment] and this presents a challenge on the verification of the actual document that will come out of this process [...] This is also coupled with the failure to make readily available the literature and talking points in loca l languages.” The MDC said it was shocking to note that the process started without a hotline at national headquarters and even a provincial command centre for handling public concerns and inquiries. “We are very much disturbed that this committee wishes to run such an important national programme in absolute secrecy [...] We would like to register our concern over the lack of public information on the meeting schedule in different areas. Copac has as of today (Friday) in the morning done nothing worth mentioning to publicise these meetings to the people.” [Via The Chronicle]

Constitutional outreach stumbles on with more disruptions

There have been more reports of disruptions continuing to mar the constitutional outreach exercise, already overshadowed by violence and intimidation. The process of public hearings to establish a new constitution has stumbled slowly forward after its chaotic launch last week. In places like Masvingo and Bulawayo some of the members from the outreach teams were forced to either loiter on the streets or sleep in their cars last week, because of various administrative issues. The Constitutional Parliamentary Committee (COPAC), spearheading the outreach programme, has battled to sort out hotel accommodation for all its members, while some members last week didn’t arrive for the outreach meetings. On Monday it was reported that outreach teams were stranded in Hwange as they did not have fuel and financial allowances to travel to the meeting points. They reportedly said that they are still waiting for “resources,” which include cameras and voice recorders, to arrive from Bulawa yo. [Via SW Radio Africa]

Copac begins road shows

The Parliamentary Select Committee on the constitution-making process has started road shows to publicise the constitutional outreach programme after an outcry from members of the public over the lack of information on the process. [...] Copac media relations executive Mr John Arufandika said, “We are carrying out the road shows to conscientise people on the constitution-making process. Many people are not yet clear of what the process is all about and some are thinking that it has something to do with politics and political parties.” He said the publicity campaigns were targeting 200 000 people per province and they expected the information to cascade to other people through interpersonal communication. During the road shows, members of the public would be informed about the talking points in the constitution-making process, venues and times of where outreach meetings would be held in their areas [Via The Herald]

COPAC says Zimbabwe Constitutional Consultations Smoother

Officials in charge of Zimbabwe’s constitutional revision process said Monday that the public comment phase of the exercise was running smoothly this week after much confusion, many hitches and some violence last week. Co-Chairman Douglas Mwonzora of the Parliamentary Select Committee on the Constitution said operations are running more smoothly this week with outreach teams on the ground in eight provinces. Outreach activities were peaceful and stable in the troubled provinces of Mashonaland West and Mashonaland Central, he said. VOA point out that despite his assurances, assaults have been reported by monitoring groups, as well as very low turnout in some areas indicating a lack of public information, and a scarcity of data recording equipment to capture public views. Both formations of the Movement for Democratic Change have called on the parliamentary committee to resolve problems dogging the outreach process. [Via VOA News]

29 June 2010

Disrupters of the constitution process ‘named and shamed’

The Changing Times - a newsletter published by the MDC-T, starts to name and shame people disrupting the Constitution Outreach program. This week’s list of named individuals include: Jabulani Sibanda - National War Veterans’ chairperson In Makoni South, Manicaland province, Jabulani Sibanda addressed people in ward 28 on June 23, 2010 and told people gathered not to say anything except those chosen by headmen. He also instructed the kraal heads to make registers of the people in their areas so that they are constantly monitored in case they disobey his orders. Major Badza - Soldier An army officer and well knownZanu PF activist. Major Badza, has been addressing villagers in Chivi North, Masvingo threatening them with unspecifiedaction if they give opinions that are opposed to the Zanu PF position. Fortune Charumbira - Traditional chiefs’ president Charumbira has replaced Copac resource persons in Masvingo province. He has replaced a Copac camera person with his two relatives. He has also instructed another Copac camera person not to attend or cover any outreach meetings. He is also using the services of Zanu PF youth militia to intimidate villagers in the area [Via The Changing Times].

AI statement: Restrictions of fundamental freedoms undermining credibility of constitution making process

Kubatana publish a Statement issued by Amnesty International: “All parties in the unity government should respect and protect the rights to freedom of expression, association and peaceful assembly and ensure that everybody has unfettered access to COPAC outreach meetings. Amnesty International also urges Zimbabwe’s security agents to strictly observe Article XIII of the Global Political Agreement which requires state organs and institutions to be impartial in the discharge of their duties.” The statement was released following reports of assaults, arrests and abductions of independent monitors [Via Kubatana].

Copac to review outreach programme

The management committee of Parliament’s Constitution Select Committee is set to meet today and consider the future of the outreach programme which has been mired in confusion since it started last week. Members of the outreach teams have been evicted from hotels, others do not have adequate food, while little information has been reaching the public. Copac co-chairpersons Mr Douglas Mwonzora (MDC-T) and Mr Edward Mkhosi (MDC) yesterday acknowledged the confusion that has marred the process. “We will be meeting tomorrow (today) as the management committee and out of that meeting we should be able to come up with a concrete appraisal of what has been happening. We are also going to look at some of the areas which we can rectify to make the process smooth. We understand some of the suffering that outreach teams had to go through as a result of non-payment of service providers by UNDP, but they are now in the process of making the payments,” Mr Mwonzora said [ Via The Herald].

Copac decries lack of adequate publicity

The Constitution Parliamentary Committee (Copac) has expressed concern over lack of adequate publicity of the ongoing constitution outreach exercise, saying it is likely to impact negatively on the outcome. In an interview yesterday Copac co-chairperson Mr Douglas Mwonzora acknowledged they were facing challenges of lack of funding to advertise and raise awareness on the constitution-making process through the media. “The outreach programme is not receiving the publicity that we hoped it would get. We were aiming at achieving the widest possible participation of the public,” said Mr Mwonzora. He said they were depending on giving a seven-day notice to districts prior to their visits in a bid to ensure the meetings are attended. “To be honest the programme has not received satisfactory publicity and this is mainly attributed to Copac’s lack of funds. “We don’t have the necessary funds for us to flight advertisements in the local media. The little we got from donors is meant to cover other pending costs,” said Mr Mwonzora [Via The Chronicle].

News sources, plus links to the full articles, are available on our Constitution Resource page via the outreach timeline. To access the extracts and links to sources, click on the links on the timeline. Click here to subscribe to the Sokwanele mailing list, or follow the directions in this mailing footer.

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Stand and deliver: News from Kubatana - 29 June, 2010

[Kubatana.net]

Get active and win a UNIQUE prize from Kubatana

We have the FIFA World Cup DVD Collection of the World Cup Finals between 1930 - 2006.

If you’d like to win this DVD collection please . . .

1. Tell us what you consider to be the most serious social or political issue in Zimbabwe
2. What practical steps you would take to address the issue

We will publish all submissions and ask people to vote on which one they consider to be the most inspiring and useful.

Many thanks to Richard Flynn for supporting Kubatana and making this opportunity possible.

Please send your submission to: info@kubatana.net

Lend a hand . . . an appeal from the Zambezi Society

On Friday (25th June) the Zambezi Society had its Supa Cub plane fly the middle Zambezi River with a National Park officer as the spotter. Two islands, as previously reported, held animals in distress.

On the first (Namatutsi) there were approximately 50 buffalo of which ten were young and five had perished. The second island near G Camp/Chikwenya held a similar sized buffalo herd (four carcasses) as well as a large (in excess of 100) herd of water buck and numerous impala.

On Thursday (24th June) bails of hay had arrived at Mana Pools Parks office followed by a second load on Friday (25th June). This was followed, this weekend, by 13 tons of maize sweepings, 1 ton of "survival" meal, 1 ton of game pellets and game blocks. This was all made possible by donations of food, transport, fuel and cash - many thanks to you all.

National Parks have two boats and access to a larger boat from a local operator to do the drop offs. As a result National Parks believe this part of the program is under control and therefore do not need to accept offers of boat support. Should this change we will let those of you who have offered to set sail from Chirundu know.

We have yet to get a firm date from Zambezi River Authority (ZRA) as to when the Kariba gates will be closed and in the meantime will work on the latest closing date of 15th July. Allowing time for the animals to gain strength and for the river to drop we are planning for a project life span to the end July

PLEASE consider supporting the Zambezi Society in their efforts to save our wildlife. Our appeal remains for "enhanced" game food products, transport, fuel and cash. Get involved today: zambezisociety@gmail.com or phone Nicola Maasdorp 0912-924043 or Tim Bacon 0912-880523

What’s new on Kubatana blogs

Leigh Worswick writes about her personal experience of violence in condoms with a bite
In the ABCs of SRH Fungai Machirori dicusses HIV/AIDS and sexual reproductive health
Amy Saunderson-Meyer discusses the inappropriate interference in the MDC's audio service
Upenyu Makoni-Muchemwa reflects on change being a process whilst getting her hair done
The World Cup prioritized over constitution making? Amanda Atwood has some questions
Bev Clark share’s some of Rejoice Ngwenya in the political egos of the ruling elite

And . . . . check out various photographs of the World Cup from Zimbabwean photographer Taurai Maduna on the Kubatana community blog

Attend this important event . . .

NGO Capacity Building & Poverty Alleviation Conference

Date: 28-30th July 2010
Venue: Meikles Hotel
Location: Harare
Price: $249

There is increasing interest on how to enhance capacity building initiatives in the development world. One of the major challenges is how equip NGO personnel to discharge their duties efficiently & to assess the impact of capacity building. If the civil society is fully capacitated poverty will be ultimately alleviated. Execuserv Global Consulting is a proudly South African owned company, we host and organise conferences. We are hosting our conference on NGO Capacity Building & Poverty Alleviation Conference.
 
The Conference deliberations will be on the following themes:
- Advanced Monitoring and Evaluation
- Fundraising, Sponsorship and Resource Mobilisation
- Grant Management
- Programme and Project Management
- Disaster, Relief and Emergency Management
- NGO Financial Management
- Integrated HIV Aids Prevention, Care and Treatment
- Poverty Alleviation Partnerships

This Conference will examine international, regional and national ‘best practices’ towards achieving the Millennium Development Goals and a poverty analysis that includes both an overview of income inequalities, unmet basic needs, and access to social programmes and other services. The deliverables will be a set of substantive policy and action-oriented recommendations that will be leveraged through participants drawn from within SADC countries and beyond.

To register call Ashley Williams on +27 11 023 5522 or email: chris@execuservglobal.co.za

To find out more visit www.execuservglobal.co.za

Featured articles . . .

An Emotional Feast

BREAKING BREAD: Recipes and Stories From Immigrant Kitchens By Lynne Christy Anderson
(University of California Press)

When Lynne Christy Anderson hung up her chef's jacket and began work as an educator, food didn't fade from her life. It became a communication device. "That first year, staring out at a roomful of immigrant adults . . . I knew I had to find a way to build their trust," she writes in Breaking Bread. "We needed a common language. It turned out to be food."

Anderson found that we all have a dish "so wed to our sensibilities" that it channels history and home, and that we all love talking about it. For Breaking Bread she explored Boston's diverse neighborhoods, spending time with immigrants and their families and recording their most-loved recipes. The result is a spectacular hybrid. Each chapter tells one individual's or family's story, beginning with Anderson's account of preparing food together, followed by the meaning of the meal in her collaborators' words, then the luscious recipes: Haitian joumou soup, Salvadoran quesadilla, Russian mushroom casserole, crispy rice of Cote d'Ivoire.

Breaking Bread whets the literary and literal appetites in skillfully balanced portions.

- Julie Hanus, from The Utne Reader

Want to comment on these articles? Please email info@kubatana.net

The Kubatana web site is updated regularly. Here are some new articles and reports.
There are over 16 700 articles and reports available to browse.

NGOs, donors and Zimbabwe’s transition – SAPES Seminar with Jonathan Moyo and Brian Raftopoulos
What has been the issue is the right of Zimbabweans to expect their vote to be respected. And that has not happened yet in this country sufficiently. The key role that the civics have played is to document the abuses around that particular right, to have their right to vote. Which after all was a major feature of the nationalist struggle which was one man, one vote, to have that recognised fully in the context of a post colonial dispensation. And therefore the role of the civics had been around documenting abuses around that question. When it comes to the question of messaging, of course ZANU-PF sets the trend, for a simple reason, they control the media. They control the means of communication. You’d be absolutely hopeless if you weren’t controlling the messaging around certain issues. . one would want to see how that would be if there was a greater openness of the discussion around that messaging especially in the electronic media, especially in the radio, so that you really did get a national messaging which came out of a conflicting sense of opinions. That’s a key issue now in this transition.
Read and listen to more from Brian Raftopoulos

- Inside/out with Brenda Burrell, co-founder of Kubatana.net - Read more
- Kariba Draft Constitution with an African Blueprint - VanaBantwana beDzimbahwe - Read more

“Babies behind bars”– Child law bulletin issue 4
Justice for Children Trust has noted with concern a disturbing trend in the country's prisons. Female inmates are reportedly living with their children in prison cells, which increase the children's vulnerability. This is despite the fact that prisons are facing a plethora of challenges which range from food and nutritional deficiencies, serious water and sanitation problems, lack of health care, clothing and overcrowding problems. These conditions are not conducive for any child's survival and development. It is sad to note that the challenges facing the countries' prisons have not spared children whose mothers have been imprisoned as they live under the same conditions. This means that even infants are falling into the same bracket with hundreds of the female prisoners at Chikurubi Maximum Prison and other prisons in Zimbabwe. Of particular concern is the fact that children are vulnerable to airborne diseases and skin related diseases. Their plight is further worsened by the fact that most of the cells have no light bulbs and the inmates' clothes and blankets are infested with lice. Read more from Justice for Children Trust

The constitution and democracy in Zimbabwe: going nowhere slowly
Recent utterances and threats by some legislators to the effect that they will not participate in the outreach phase of the constitution making process unless their daily allowances are increased from US$25 to US$75 per day smacks of rank hypocrisy and utter mercenarism on the part of these legislators. Let us not forget that these are the same legislators who at the height of the cash crunch in 2008 demanded that they be the only ones to withdraw extra cash at the expense of the ordinary citizens. Talk about leaders who are there to serve the people. One is then forced to wonder if these are really the same people whom we all voted for on March 29 2008. Events on the ground are slowly giving credence to those who are opposed to the notion of politicians leading a crucial process such as the constitutional reform process. Just recently it was the police who came in with their outrageous demand of three million USD for them to cover the outreach process. Before that, there was a bitter argument between the three parties over who should be the rapporteurs for the process. At one point, the process had to be stopped because of financial irregularities. At the very first hurdle which was the First All-stakeholders Conference, pandemonium rocked the event, with police having to be called in to quell the disturbances. Read more from the Youth Forum

- Villagers initiate national healing process - Heal Zimbabwe Trust - Read more
- Baseline report - June 2010 - ZZZICOMP - Read more

Towards a new constitution - My views
A debatable issue about a new constitution that quickly comes to mind is whether it is okay to allow a sixteen year old to legally become a parent whilst at the same time we deny him or her the right to vote in the 'Constitutional Referendum' or other state organised elections because him or her has not yet reached the majority age of eighteen years. What is more important, being a parent or being able to participate in elections? Should we raise the age of legal consent to sexual activities to eighteen or should we lower the age of majority to sixteen? I believe the two age bars should be synchronised for them to make any sense. As we grapple to write our own 'home-grown' constitution we should try and make sure that the new constitution we come up with is 'cast in stone' and based on firm pillars. It would be futile if future generations throw out the new constitution or try to draft another one yet again, that is why its of paramount importance that the process of coming up with the new constitution is not only all inclusive, but gets enough input from the youth who happen to be the future. Read more from Admire Taguma Musingarabwi

Constitutional reforms, Mugabe opponents' only hope
Zimbabwe's ageing President Robert Mugabe has managed to stifle power-sharing agreements reached with his arch rival, Prime Minister Morgan Tsvangirai, to remain firmly in control of the levers of power, analysts said, leaving the constitutional writing process the only chance for opponents to try to wrestle power from him. A key exercise to consult the public on what they want included in a new constitution was launched in Harare yesterday. Mugabe, now 86, has skilfully and brazenly clung on to power since Zimbabwe's independence from Britain in 1980 but was forced into a coalition deal in September 2008 after his ZANU PF party failed to win earlier elections. Read more from Tafadzwa Mutasa

Fellowships . . .

Synergos Fellowship: Call for Applications
Deadline: 31 August 2010

Synergos develops partnerships and supports leaders to change the systems that keep people in poverty. The goal of the Senior Fellows Program is to increase the effectiveness of extraordinary leaders, who are committed to collaborative action to bring sustainable, systemic improvements in the lives of the communities they serve. Launched in 1999, the Senior Fellows program today links 112 extraordinary civil society leaders from more than 30 countries in a worldwide learning, service and action network. The Program and the Network offer support and opportunities for enhancing leadership skills for the Fellows to become catalysts and play a major role in partnerships that address problems of poverty and social injustice. The program is based entirely on peer-to-peer support, learning and service; global networking and collaboration; and knowledge creation and dissemination. Becoming a Synergos Senior Fellow connects you to a remarkable community of social activists, entrepreneurs, and investors. Members of this community help one another bring their work and their leadership to a higher level, which allows them to take on highly complex and dynamic problems such as public health systems, education reform or child malnutrition. They learn together, inspire and support one another, form inter-institutional linkages, spread best practices, gain international exposure and perspectives and connect to other Synergos Networks. The Fellowship lasts three years and the Fellows are expected to take part in activities while simultaneously performing their ongoing professional responsibilities. This includes attending Senior Fellows global and regional events, being available for peer consulting, exchange and field service opportunities, and contributing to the shared body of knowledge. Synergos covers the costs of the activities during the three years, but Synergos Fellows remain part of the Fellows Network after completion of the three year program.

Who Should Apply?
We are looking for exceptional civil society leaders who:
-    Present a compelling vision for solving complex, systemic problems of poverty, equity and social injustice.
-    Are committed to working in partnership.
-    Have a demonstrable commitment to the participation of and accountability to the community they serve, as well as credibility and legitimacy from that community to speak authoritatively about its issues.
-    Are committed to developing and enhancing their leadership qualities.

More information about the requirements and activities of the Fellowship are available here


Funding . . .

Apply now for IHEU-HIVOS 2010 grants
Deadline: 1 September 2010

IHEU invites applications for funding in the IHEU-HIVOS Humanist Network and Development programme for 2010.

The International Humanist and Ethical Union (IHEU) is the world union of Humanist, rationalist, secularist and atheist organisations with over 100 member organizations in more than 40 countries. IHEU promotes and defends freedom of conscience and expression, and advocates for the separation of religion and state. IHEU co-ordinates the activities of its member organisations and offers them advice and guidance on policy issues and strategy. It fosters the growth of new Humanist groups, and represents Humanist interests at the UN, UNESCO, UNICEF and the Council of Europe. More information can be found here

HIVOS is the renowned Dutch Humanist funding agency, and a Specialist Member of IHEU, with headquarters in The Hague in the Netherlands, and regional offices in Bangalore, Harare and Costa Rica. More information can be found here

IHEU and HIVOS have been collaborating since 1988 to promote a Humanist oriented development, through human rights and Humanist networking oriented projects. All applications regarding this program should be directed to IHEU as specified below.

This grants programme is for Humanist organizations only. The following organizations can apply:

1. IHEU Member Organizations in developing countries (according to the DAC list),
2. Organizations that have received grants under the IHEU/HIVOS program in one of the last 10 years, and
3. Organizations pre-qualified by application (by 1 August 2010).

Organizations that are not members of IHEU can apply for pre-qualification by sending in the pre-qualification application form. See more information on the criteria in the form.

Grant criteria
The project should achieve specified goals in one or more of the following areas:

* promoting Humanism,
* promoting secularism,
* promoting human rights,
* promoting scientific method, or
* building competence and capacity of the organization itself.

Find out more


Resources . . .

Reporters Without Borders unveils first “Anti-Censorship Shelter”

Reporters Without Borders today launched the world’s first “Anti-Censorship Shelter” in Paris for use by foreign journalists, bloggers and dissidents who are refugees or just passing through as a place where they can learn how to circumvent Internet censorship, protect their electronic communications and maintain their anonymity online.

“At a time when online filtering and surveillance is becoming more and more widespread, we are making an active commitment to an Internet that is unrestricted and accessible to all by providing the victims of censorship with the means of protecting their online information,” Reporters Without Borders said.

“Never before have there been so many netizens in prison in countries such as China, Vietnam and Iran for expressing their views freely online,” the press freedom organisation added. “Anonymity is becoming more and more important for those who handle sensitive data.”

Reporters Without Borders and the communications security firm XeroBank have formed a partnership in order to make high-speed anonymity services, including encrypted email and web access, available free of charge to those who user the Shelter.

By connecting to XeroBank through a Virtual Private Network (VPN), their traffic is routed across its gigabit backbone network and passes from country to country mixed with tens of thousands of other users, creating a virtually untraceable high-speed anonymity network.

This network will be available not only to users of the Shelter in Paris but also to their contacts anywhere in the world and to all those – above all journalists, bloggers and human rights activists – who have been identified by Reporters Without Borders. They will be able to connect with the XeroBank service by means of access codes and secured, ready-to-use USB flash drives that can be provided on request.

XeroBank is a communications security firm that has cornered the market on one of the rarest commodities in the world: online privacy. It specializes in communication solutions that protect its clients from all eavesdroppers.

The best-known free encryption and censorship circumvention software is also available to users of the Shelter, along with manuals and Wiki entries on these issues. A multimedia space is planned for journalists and Internet users who want to film and send videos.

The Shelter will eventually also have a dedicated website for hosting banned content. Egyptian blogger Tamer Mabrouk’s reports on the pollution of Egypt’s lakes, which are banned in his country, and articles that are banned in Italy by its new phone-tap law will all have a place in what is intended to be a refuge for those who still being censored.

The Shelter is open from 10 a.m. to 6 p.m. Monday to Friday. Anyone wanting to use it should make a reservation by sending an email to shelter@rsf.org

The Shelter could not have been created without the support of the Paris city hall.

Reporters Without Borders points out that around 60 countries are currently subject to some form of online censorship and that Internet filtering is in effect in around 40 of them. About 120 netizens (bloggers, Internet users, and citizen journalists) are currently in prison worldwide.


Consultancies . . .

Call For MDG Evaluation Video Report Series
Deadline: 2 July 2010

Women Filmmakers of Zimbabwe (WFOZ) is pleased to announce the MDG Evaluation Video Report Series. The project will video document progress towards each of the Millennium Development Goals by looking at case studies on the ground from a gender perspective. WFOZ cordially invites all NGOs and individuals working on women issues and gender to submit possible case studies for the MDG Evaluation Video Report Series. For more details, please reply to this email or tsitsi@earth.co.zw or contact the WFOZ office on 4-862355, Yvonne Jila 0712-512552

Vacancies . . .


Finance and Administration Officer: Zimbabwe Environmental Law Association (ZELA)
Deadline: 2 July 2010

Applications are invited from suitably qualified, experienced and interested candidates to fill the post of Finance and Administration Officer with the Zimbabwe Environmental Law Association (ZELA).

Key Responsibilities
-    Financial management of all ZELA projects
-    Developing and monitoring of budgets (organizational & projects)
-    Monitoring and reporting of grants income and expenditure
-    Preparing and administering payroll
-    Updating the asset register & insuring assets
-    Liaise with auditors for annual audit
-    Produce financial reports timeously to meet monthly, annual and donor deadlines
-    Designing and implementing control measures for expenditures and resource management
-    Administer and maintain records on employees welfare
-    Ensure the implementation of the organisation's policies and procedures
-    Ensure maintenance & equitable use of organization’s assets
-    Vehicle fleet management
-    Supervise staff in the department

Person Specification
-    Part 2 ACCA, CIMA, CIS or a Degree in Accounting
-    At least three years' financial management experience with NGOs
-    Good practical knowledge of Pastel
-    Be a self starter
-    Be committed to duty, highly organized and able to deal with multi-tasks
-    Experience in staff management and supervision

Applications can be delivered to:
The Director Zimbabwe Environmental Law Association
6 London Derry Road
Eastlea
Harare

Or email: zela@mweb.co.zw

Please note that only short listed candidates will be responded to.


Country Representative: Progressio
Deadline: 7 July 2010

Full-time, fixed term three-year contract, with the possibility of an extension

Progressio is looking for a highly motivated and resourceful individual with a genuine commitment to development and advocacy. The post holder will be responsible for managing the programme in Zimbabwe, ensuring the delivery of quality programme plans. S/he will have a pivotal role in managing, resourcing and monitoring development projects in line with Progressio's priority themes in the country, working together with partners, development workers and other stakeholders. Within the context of Progressio's work of skill-sharing and advocacy, the post holder will consolidate and build upon recent programme expansion, overseeing quality, delivery and the perfecting of new monitoring and evaluation systems.

Progressio has been leading the way on practical international development issues for more than forty years. Whether through placing development workers overseas, or in our policy and advocacy achievements, Progressio has a track record of making a difference. We work with people of all faiths and none.

Interviews: Week of 26 July 2010 (in Harare)

Find out more


Regional Coordinator, Northern Region: NANGO
Deadline: 7 July 2010

The National Association of Non- Governmental Organisations (NANGO) is looking for a person to fill in the position of Regional Coordinator that has arisen within the membership department.  The position is for immediate placement. The contract will run for an initial period of six months with a possibility of extension.

Key responsibilities:

The incumbent shall be responsible for and not limited to;

1. Coordination of the northern region NANGO office.
2. Initiate and implement project activities within the region.
3. Develop and implement membership recruitment, engagement and retention strategies.
4. Facilitate the mobilization and coordination of CSO activities at regional level for timely interventions and enhanced policy influence.
5. Resource Mobilization.
6. Overseeing the use of resources including reporting on resources allocated to the region.
7. Monitoring, documenting and reporting on factors affecting the NGO operating space.

Work Station: The duty station is Harare but work shall be done in the whole of Mashonaland province.

Qualifications/Experience:

The preferred candidate needs to have:
1) At least a first degree in the following fields of study; development studies, economics, psychology, sociology and any other relevant degree
2) At least five years of work experience within the NGO sector preferably at management position
3) The ability to work in a team environment

Competencies required include:
-    Research and analytical skills
-    Strong report writing and communication skills
-    Proposal writing skills
-    Goal-setting, action planning and
-    Strong interpersonal skills, the capacity to build and nurture relationships
-    Self-directed, well-organized, and deadline-driven

Women are encouraged to apply

Please note that feedback will only be given to short listed candidates

Interested individuals should submit their application to the Chief Executive Officer on cephas@nango.org.zw and cc charity@nango.org.zw or hand deliver to Number 5 Meredith Drive, Eastlea, and Harare.

Senior Policy Advisor: International HIV/AIDS Alliance
Deadline: 7 July 2010

The International HIV/AIDS Alliance (the Alliance), UK, and STOP AIDS NOW! (SAN!), the Netherlands, have formed a partnership called Stop AIDS Alliance to build synergies between policy and advocacy work on HIV in Brussels, Geneva, Washington DC, London and the Hague. To represent the work of the two organizations towards relevant policy makers, multi-lateral agencies and institutions in these centers which is key to the global response to HIV and health.

The mission of Stop AIDS Alliance is to ensure that HIV is a high priority in the global policy agenda including adequate financing to achieve universal access to HIV prevention, treatment, care and support. Supporting efforts to ensure full financing of the Global Fund, UNAIDS and UNITAID and promoting innovative financing for health.

The Senior Policy Advisor will work closely with the Stop AIDS Alliance staff in Brussels, under the supervision of the Policy Manager: Stop AIDS Alliance based in Washington DC and the policy team of the Alliance and SAN! He/she will be responsible for carrying out the policy and advocacy activities agreed in the common annual work plans of Stop AIDS Alliance; taking part in international thematic working groups and representational and communication activities with relevant stakeholders in Geneva; collaborating with other civil society organisations and liaising with the permanent missions of key EU Member States, the EU and U.S Delegations as well as with the key Geneva-based UN agencies. The Senior Policy Advisor will also be responsible for keeping Stop AIDS Alliance colleagues and colleagues in the Alliance and SAN! up-to-date on relevant policy debates in Geneva.

The successful candidate must have a good knowledge of international agencies, INGOS, donors and bilaterals in Geneva and Europe, especially those active in the field of HIV and health policy. You should also have a strong interest in working on HIV, AIDS and health issues. You must be able to work autonomously with the ability to work on multiple tasks simultaneously. You will have demonstrable experience with senior level representational work, with a diverse range of policy makers and experience of advocacy work with representatives of UN agencies. You will be well organised and have a high level of interpersonal, networking and communication skills. Excellent oral and written communication skills in English are essential and the ability to work in another language, in particular French, is desirable.

Find out more

The International HIV/AIDS Alliance is committed to equal opportunities and welcomes applications from appropriately qualified people from all sections of the community. Qualified people living with HIV are particularly encouraged to apply.


Assistant Country Health Director: Merlin
Deadline: 9 July 2010

Job Purpose:
To work as a national counterpart to the expatriate Country Health Director, to ensure that there are no gaps in quality health service provision in Merlin programs, provide technical support to the Merlin medical team and actively participate in health needs assessments and development of new proposals

Skills And Competence:

Essential:
-    Qualified doctor, clinical officer or holder of MPH, with strong post qualification practical experience
-    Experience in public health programming development and innovation
-    Ability to analyse and write clear and concise reports and proposals
-    Strong communication skills, with excellent written and spoken English
-    Experience of proactively identifying and addressing issues, and finding solutions Confident and proficient in the use of MS Office and excel
-    Experience in liaising with MoHCW, other I/NGOs and government officials

Desirable:
-    Previous NGO experience
-    Previous managerial experience
-    Experience in HIV, MCH and PHHE programming

Interested candidates are required to submit their application letters and CV only via e-mail to vacancy.merlin.zw@gmail.com Only short listed applicants will be contacted

The Kubatana Trust of Zimbabwe and
The NGO Network Alliance Project
PO Box GD 376
Greendale
Harare
Zimbabwe

Tel: +263-4-776008/746448
Fax: +263-4-746418
Email: admin@kubatana.net
Website: www.kubatana.net

Visit www.kubatana.net Zimbabwe's civic and human rights web site incorporating an on line directory for the non-profit sector

BILL WATCH 25/2010

[28th June 2010]

Amendment of Indigenisation Regulations

Amendments to the Indigenisation Regulations were made by SI 116/2010, gazetted in a Government Gazette Extraordinary on Friday 25th June, effective immediately.  [Electronic version of [1] SI 116/2010 and [2] Indigenisation Regulations updated to include the amendments made by SI 116, available on request.] 

No changes are made to:

·         the US$ 500 000 figure for the prescribed asset threshold

·         the 30th June deadline for submission of Form IDG 01 and indigenisation implementation plans

·          the 51% control target stated in the regulations.

Changes Made by the Amendments

“Cede” replaced by “dispose of”:  Section 3 of the regulations originally called for every  business above the prescribed asset threshold [US$500 000] to “cede” at least a 51% interest to indigenous Zimbabweans by March 2015.  The amendment replaces “cede” with “dispose of” and defines this term as meaning “sell, donate or otherwise dispose of”.  [The Parliamentary Legal Committee [PLC] objected to the word “cede”, with its implication of compulsory acquisition without proper compensation.  The term also attracted criticism from legal commentators and stakeholders.]

“Asset value” replaced by “net asset value”: giving more precision on which businesses are affected by the Regulations.  The original regulations targeted businesses with an “asset value” of or above US$500 000.  The undefined term “asset value” was criticised as vague, and has now been replaced by the more satisfactory “net asset value”, defined as the difference between total value of assets and total value of liabilities. 

Only businesses above $500,000 threshold to submit Indigenisation Plans:  The original regulations were unclear on whether indigenisation implementation plans had to be submitted by all businesses or only by businesses above the US$500 000 asset value threshhold.  An amendment clears this up – the new section 4(2) specifically states that only businesses above the threshold have to submit what are now called provisional indigenisation implementation plans.

Changes to form IDG 01 and other forms:  Form IDG 01 [the form that must be submitted by 30th June by all existing businesses] is changed by the addition of new paragraphs requiring contact details for the business submitting the form and a statement of the “net asset value” of the business.  Similar changes are made to Forms IDG 02, 03, 04 and 05.

Provision of Sectoral and Subsectoral Committees to advise the Minister:  A new section 5A provides for the appointment by the Minister of sectoral and subsectoral committees, to be chosen from lists of nominees submitted to him by the Ministers responsible for various sectors and subsectors of the economy [these are defined as the sectors and subsectors listed in item 3 of Form IDG 01].  The committees will be chaired by members of the National Indigenisation and Economic Empowerment Board. The committees will advise the Minister on:

·         appropriate net asset value thresholds and compliance periods for their sectors and subsectors

·         credits towards meeting their indigenisation quotas that may be allowed to businesses for socially and economically desirable activities

Provision of rules for share ownership schemes or trusts:  The rules cover ownership schemes or trusts for employees,  management and communities.  New sections 14, 14A and 14B allow businesses that have established such schemes or trusts in compliance with these rules to have this fact taken into consideration towards meeting their indigenisation quotas. 

·         Trust deeds will have to be registered with the Deeds Office.

·         Community share ownership schemes are intended mainly to allow the residents of rural district council areas [which include communal lands] to benefit from businesses that exploit the community’s natural resources.  Other distinct communities may also be the beneficiaries where a business exploits natural resources adjacent to a community’s place of residence.

Provision for purchase of shares by Indigenisation and Economic Empowerment Fund: 

·         The Fund will be the “purchaser of last resort” where a business wishing to dispose of shares in compliance with the regulations is unable to find a suitable indigenous purchaser, even with the assistance of the database of potential purchasers kept by the Ministry for the purpose.

·         Where a business wishes to dispose of more than 28% of its shares to an employee share ownership scheme or trust, the Fund will have the right of first refusal to purchase the shares in excess of that percentage.

No Indigenisation Levy Until Passed by Parliament

In May the chairman of the National Indigenisation and Economic Empowerment Board said an indigenisation levy would be coming “soon”.  The levy can only be imposed by statutory instrument gazetted by the Minister of Youth Development, Indigenisation and Empowerment, but no such statutory instrument can be gazetted until the draft has been approved by the Minister of Finance and by resolution of both Houses of Parliament.  [Indigenisation and Economic Empowerment Act, sections 17 and 18.]

Presidential Powers Act Invoked to Protect Reserve Bank from its Creditors

SI 115/2010, gazetted on 18th June under the Presidential Powers (Temporary Measures) Act, makes the State Liabilities Act applicable to legal proceedings against the Reserve Bank [RBZ], including proceedings already commenced.  [This is only the third resort to the controversial Presidential Powers (Temporary Measures) Act since the formation of the Inclusive Government.  Like all SIs made under this Act, SI 115 will expire 180 days after its gazetting – i.e., on 18th December 2010.]

RBZ assets now immune from forced sale:  Under the State Liabilities Act State property cannot be seized under court orders and sold to raise money to pay off creditors.  So the main effect of this SI will be to stop court-ordered auction sales of RBZ property to satisfy debts owed to its many creditors.  [Both the Minister of Finance and the Attorney-General’s Office have previously said that the sales that have already taken place were illegal because RBZ assets are State assets.  This SI will give the Government and the new RBZ board breathing space in which to organize the management of the RBZ debts problem.] 

New procedures for legal cases against RBZ:  Another effect will be to require RBZ creditors to follow special notification procedures before launching legal actions against RBZ.  [Electronic versions of SI 115 and State Liabilities Act available on request.]   

Judicial Service Act Now In Force

As foreshadowed in Bill Watch 23 of 12th June, SI 114/2010 fixed the 18th June as the date of commencement of the Judicial Service Act.  [Electronic versions of SI and Act available on request.]  As a result the Judicial Service Commission [JSC], not the Public Service Commission, now has responsibility for appointing, promoting and disciplining magistrates and fixing their conditions of service [see Bill Watch 23]. 

Civil society comment on this development has cautiously welcomed its potential for building a truly independent judiciary. There has also been a call for changes to the JSC’s composition and method of appointing of its members, given that the present constitutional provision [see below] leaves the appointments in the President’s discretion.  [This is a point that needs to be taken up in the constitution-making exercise now at last under way.]

JSC membership is laid down by section 90 of the Constitution:

·         3 ex officio members: the Chief Justice [or in his absence the Deputy Chief Justice] as chairperson, and the chairperson of the Public Service Commission, and the Attorney-General [all of whom are appointed to the full-time posts by the President.]

·         2 or 3 members appointed by the President: [one of the appointed members must be a judge or former judge, a lawyer of at least 5 years’ standing or otherwise legally qualified]  Currently Sternford Moyo and Canaan Dube, senior lawyers in private practice, fill two of these places.  It has been customary for the Judge President to be the third appointed member, and Justice Makarau was on the JSC until her elevation to the Supreme Court.  It is not yet known whether Judge President Chiweshe will be appointed a JSC member.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

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