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Speech by Tony Leon MP

Leader of the Opposition

of the South African Parliament

to the European Liberal and Democratic MEPs

European Parliament

Brussels, Belgium

Wednesday 3 May 2000 at 12h00

"Human rights without borders:

President Mugabe has behaved like an outlaw - his Government must be treated as an international outcast"

Introduction:

South Africa - six years after freedom from minority rule - is a daily miracle of democratic practise and economic progress.

But we live in a rough neighbourhood. Respect for democracy, human rights and the rule of law is uneven in Sub-Saharan Africa, and today is observed only in the breach in Zimbabwe.

South Africa and Zimbabwe are geographically and politically separate. World investors - and the European Union (EU) - need to remember this. Even though the South African government is not perfect, it is still procedurally democratic and substantially unlike the Mugabe regime.

But Zimbabwe's crisis cannot be ring-fenced. The violation of political rights and property rights by the ruling party there - and the inadequate response by Southern African leaders - threatens the significant economic gains which have been made by Mozambique, Botswana, Namibia and South Africa. For example:

the Rand has plummeted to its weakest level ever (R6,86) against the dollar, at a time when South Africa's economic fundamentals are better than they have been for years;

tourism in Botswana has been affected negatively, while thousands of refugees are flooding across that country's border with Zimbabwe;

the jobs - and lives - of migrant farmworkers from Malawi and Mozambique are seriously threatened by land invasions.

What democratic South Africa, regional leaders and the world should not countenance, is for a lawless Zimbabwe to transform our hopes for an African Renaissance into an African nightmare.

More than one view out of South Africa:

The Financial Times of London has written that South Africa's stance on Zimbabwe is doing the region "more harm than good". This may be so. But let me remind the European Parliament that in South Africa there is more than one view on Zimbabwe. The relative freedom and strength of opposition parties in South Africa is one of the distinctions which positively differentiates us from our neighbour across the Limpopo.

Normally, it would be extraordinarily disrespectful for me to go abroad and speak in the European Parliament, and disparage and criticise South African foreign policy regarding Zimbabwe or anywhere else. This would undermine the diplomatic convention which expects a bipartisan approach, on such issues, especially before a foreign audience. However, even as Leader of the Opposition, not I nor anyone else outside President Mbeki's magic circle, has the slightest idea about our foreign policy towards Zimbabwe.

Are we giving comfort to the superannuated authoritarian, Robert Mugabe?

Are we putting pressure on him to obey the rule of law and restore order?

Are we demanding a democratic outcome to the political crisis across our border?

Are we providing a bushel of carrots, but a paucity of sticks?

We are literally in the dark. This inexplicable situation happens because President Thabo Mbeki doesn't trust his own Department of Foreign Affairs. And he never, ever, not a single time, trusts the broad mass of the people of South Africa - or lets them into his confidence. So our posture towards Zimbabwe has to be gleaned from events, gestures and symbols.

The duty to cross boundaries:

What should be South Africa's response to the tragedy unfolding and the crisis unravelling in Zimbabwe? South Africa's position should be analogous with someone who sees his neighbour's house on fire.

Generally, you have two options; you can try to insulate yourself: pass by on the other side of the road and ignore the Biblical injunction to be a Good Samaritan. Or you can cross the boundary wall and help to extinguish the fire.

The second would be the Democratic Party's preferred option: South Africa should provide conditional assistance and maximum international pressure and isolation of Zimbabwe should the Zimbabwe Government fail to meet such conditions. This means spelling out in clear and unambiguous detail:

demands for restoration of the rule of law;

respect for property rights;

prosecution of murder suspects; and

a detailed timetable and commitment to democratic elections.

However, President Mbeki and the South African Government appear to have found a third alternative: they have decided to sit down and have tea with the arsonist.

President Robert Mugabe - the very man who bears primary responsibility for the political violence and uncertainty in Zimbabwe - is now being cosseted and comforted by his neighbours.

At Victoria Falls, Presidents Mbeki, Chissano and Nujoma rallied around President Mugabe and made as if frustrations at the pace of land reform in Zimbabwe was the only issue. But clearly after 20 years in Government, the ruling party ZANU-PF is using land invasions as vehicles for political intimidation. Land is the smokescreen. Avoiding democracy and suppressing opposition is the reality.

Mugabe's record of shame:

The Zimbabwe government is in violation of practically every single one of its international obligations and regional protocols - be they from the United Nations, the Lome Convention of African-Caribbean-Pacific (ACP) nations, the Commonwealth, the Organisation of African Unity, the South African Development Community, the G77 or the Non-Aligned Movement. It has violated rights to life, liberty and property. For example:

President Mugabe publically condoned political violence, when he said that "violence would befall" opposition leaders, and that white farmers are "enemies of Zimbabwe". Twelve opposition supporters, farm workers and farmers have been murdered so far;

The Zimbabwe Government refuses to uphold its own laws. The Government has done practically nothing to halt over a thousand illegal land invasions since February. To the contrary, there now exists evidence that the invasions were a campaign organised by the Zimbabwe Defence Force;

Ruling party, ZANU-PF is vandalising its own Constitution with an amendment to allow state seizure of land without compensation.

In short, President Mugabe has behaved like an outlaw: his Government must be treated as an international outcast.

International commitments:

My call on the international community - and especially the European Union - is to be the Good Samaritan. Do not pass Southern Africa by on the other side of the road.

The Vienna Declaration and Programme of Action adopted at the UN World Conference on Human Rights in 1993 is the most current statement by the world community of its commitment to the promotion and protection of universal human rights. Every member state of the United Nations was represented, including Zimbabwe. The Convention solemnly adopted the following articles:-

Article 8

Democracy, development and respect for Human Rights and Fundamental Freedoms are interdependent and mutually reinforcing.

"Democracy is based on the freely expressed will of the people to determine their own political, social and cultural systems…"

Article 19

"Considering the importance of the rights of persons belonging to minorities and contribution of such promotion and protection to the political and social stability in each such persons life, the World Conference on Human Rights reaffirmed the obligation of States to ensure that persons belonging to minorities may exercise fully and effectively all Human Rights and Fundamental Freedoms without any discrimination and in full equality before the law…"

White farmers are clearly a scapegoat minority in Zimbabwe. They will lose their property and livelihood to land seizure without compensation from the State. Over a thousand have already lost these rights to the illegal land invasions. Two farmers have lost their lives to this campaign, while many farmers and farmworkers have been attacked and beaten by the ZANU-PF supporters. But it is the political intimidation of (mostly black) opposition supporters which signals the wider denial of democratic rights and freedom in Zimbabwe.

EU commitments:

Let me remind the EU of Europe's strong commitment to upholding democracy, human rights and the rule of law. On the eve of the 1993 UN World Conference on Human Rights, Catherine Lalumiere said the following on behalf of the Council of Europe:

"The Universal Declaration of Human Rights announced a two-fold liberation to individuals: liberation from terror and liberation from poverty. The State should be the principle custodian of human rights; its role is to respect and enforce those rights. But experience teaches us that it can be not only the protector, but also the gravedigger of human rights.

"It was because the State has often failed in its role as custodian of human rights and been transformed into an instrument of oppression that the international community was given a watching brief over the behaviour of States. These can no longer shelter behind the cozy screen of non-interference.

"Human rights have ceased to belong to the domain of "domestic affairs". Respect for human rights is a duty of every State, not only towards its people but also towards the international community."

Such an excellent discription of human rights and international obligations needs to be acted upon with vigour. There can be no doubt that the current government of Zimbabwe is a "gravedigger of human rights".

The post-Lome new framework agreement between the EU and 71 African-Caribbean-Pacific (ACP) countries includes certain significant provisions which have direct application to the current crisis in Harare. At the third ministerial post-Lome conference, the ACP and EU countries agreed that "good governance" will be a fundamental feature of the new convention and that "cases of gross corruption" will trigger suspensions of aid. Flagrant violations of human rights, democratic principles and the rule of law also specifically trigger certain measures and mechanisms.

Although the new convention will be ratified only in June 2000, the text gives clear direction of where the EU and responsible ACP nations are moving. Zimbabwe has clearly now moved outside the boundaries of good governance by counternancing both gross violations of its citizens' civil and human rights and the rule of law, and by state-sponsered acts of corruption, especially in regard to land reform.

Surely, the EU now has to demonstrate its collective displeasure? After all, EU Commission President Romano Prodi said in an address to this European Parliament in Strasbourg in February 2000:

"The EU's survival depends on its adherence to its fundamental principles of freedom, democracy and respect for human rights."

Well, Mr President, these fine principles are being torched and trampled underfoot in Zimbabwe. Do not walk by on the other side of the road.

Precedents for action:

The struggle for human rights, justice and democracy in Zimbabwe today is in many ways analogous to the struggle in South Africa twenty years ago. The international community should treat the situation in the same way. It should not allow Zimbabwe to sink or Southern Africa to disappear into a wasteland of conflict, famine, disease and dictatorship - all the worst nightmares of Afro-pessimism.

Many of the actions taken by the United Nations against South Africa's National Party Government could be applied to Zimbabwe today. For example:

In 1965 a UN Trust Fund for South Africans persecuted by Apartheid was established - humanitarian assistance should be given to farmers, farm workers and opposition supporters who are now victimised in Zimbabwe;

In 1973, the General Assembly recognised the ANC as an "authentic representative of the South African people" - the international community, including the European Parliament, should engage with Zimbabwe's opposition parties;

South Africa was expelled from the UN in 1974 - President Mugabe likes to strut around the world stage today. We should take away the welcome mat;

The UN began building pressure for economic sanctions against South Africa in 1981 - the Democratic Party has never supported economic sanctions. But the international community should apply the strongest conditions on President Mugabe, and isolate him if he fails to deliver;

In 1984, the UN Security Council declared the new SA Constitution null and void - the international community should now refuse to recognise the amended Zimbabwe Constitution as it is in clear violation of international law regarding property rights;

In the 1990s, the UN High Commissioner for Refugees (UNHCR) assisted in the repatriation of hundreds of exiles to South Africa - international assistence is now required to assist refugees from Zimbabwe;

In 1992, the UN Security Council held a special meeting to discuss the Boipatong Massacre, while an International Hearing on Political Violence in South Africa was organised - the European Union should request a special meeting of the UN Security Council to address escalating political violence in Zimbabwe;

From 1992-1994, the United Nations recruited and sent international observers to monitor political violence and free, fair elections in South Africa. Observers were sent by the EU, the OAU and the Commonwealth - this set a precedent for a similar mission to Zimbabwe.

It is worth recording that before peace and democracy came to South Africa those currently in government in South Africa were the most strident and insistent with their calls for intervention and international interaction in South Africa. It is time for all of us - in Southern Africa, Europe and the world - to make a concerted effort to apply our best principles and promises to the people of Zimbabwe.

 

 

 

 

 

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