The Zimbabwe Situation

Legal affairs reporter Raj Anand still hasn't forgotten a simple but disturbing question.
At a Toronto reception, a group of visiting lawyers from Zimbabwe asked
their Canadian counterparts, "How do you do cases against the government
without getting arrested?" He had no plans to go to Zimbabwe. But three
months later, Anand and five other Canadians flew to the African country
for a two-week, independent fact-finding tour. They plan to give their
report to the Canadian government today. Anand, a Toronto lawyer and former
chief commissioner of the Ontario Human Rights Commission, travelled as the
Canadian Bar Association's representative, focused on the justice system.
What they saw during their recent visit, his report says, is "a dramatic
deterioration in the human rights of Zimbabweans, to the point where the
legal system is virtually unrecognizable." It calls on Ottawa to increase
funding to non-governmental agencies in Zimbabwe so they, in turn, can fund
litigation involving basic freedoms, such as the right to vote, obtain law
reports and online legal publications and train judges and human rights
advocates. The report also urges lawyers here to criticize Zimbabwean court
judgments from a Canadian perspective and calls for more exchanges between
the judiciary of both countries. It also proposes a conference in South
Africa, where Zimbabwean judges and lawyers can consult with international
colleagues on the independence and effective functioning of lawyers and
courts. Anand said he and his fellow group members, who called themselves
the Canadian Civil Society Mission, were told repeatedly that Canada has
"extremely high moral authority" in Zimbabwe because it opposed apartheid
in South Africa and the former Ian Smith regime in Zimbabwe, then known as
Rhodesia. Ed Ratushny, president of the Canadian section of the
International Commission of Jurists, agrees. Last year, the commission's
Canadian branch successfully lobbied Zimbabwe to drop obstruction of
justice charges against judge Fergus Blackie, who was arrested and jailed
after he acquitted a white woman of theft and found the justice minister in
contempt of court. "In terms of the rule of law, judicial independence and
human rights, Canada has an outstanding reputation throughout the world and
our voice counts on these issues in particular," Ratushny said in an
interview."One of the difficulties with Zimbabwe is that President (Robert)
Mugabe was a strong opponent of apartheid and supported Nelson Mandela and
others who were in the process of overthrowing that corrupt regime. As a
result, influential countries in the region, such as South Africa, find it
difficult to be too critical of President Mugabe because of the debt that
country owes to him." While Mugabe's seizure of white-owned farms and
attacks on political opponents have grabbed headlines, the world hasn't
heard much about what it's meant in Zimbabwe to have everyone from
prosecutors to judges conscripted into partisan instruments of the state.
By all accounts, the situation has worsened since early 2000, when Mugabe's
proposed new constitution was defeated in a referendum, Anand said. Four
members of the Zimbabwean Supreme Court have received farms from the
government. Others feel isolated and afraid to issue rulings contrary to
the interests of the state, his report notes. In June 2002, the president
and secretary of the law society were arrested and jailed on frivolous
charges when they spoke out against the absence of the rule of law. Anand
met judges, law society officials and lawyers, including Beatrice Mtetwa, a
human rights advocate in Harare and member of the law society's governing
council, who was run off the road and beaten up by police for no apparent
reason. "He kicked me, hit me in the face, broke my glasses and gave me two
black eyes and bruises all over my body," she told Anand, adding the
officer explained he was giving her a lesson in "police brutality" so when
she goes to court, she'll know what it's all about. Although Mtetwa had him
charged, the case has yet to come to court. That's typical in Zimbabwe,
where government opponents are routinely jailed, often without charges, yet
acts of violence by members of the ruling party rarely lead to arrests, let
alone trials, Anand said. Two years ago, constitutional rights in Zimbabwe
were eroded further when the government passed two draconian laws, he said.
One, the Public Order and Security Act, created several new offences,
including making false or abusive statements against the president.
Another, what the report describes as "the so-called Access to Information
and Protection of Privacy Act," established a commission to accredit
journalists and was used last year to shut down Zimbabwe's only independent
daily newspaper. ______________________________________________

2. >From The Zimbabwe Independent, 10 September GMB fails to prove claims
of bumper harvest Eric Chiriga The Grain Marketing Board (GMB) and the
Central Statistical Office (CSO) have failed to provide proof of government
claims of a bumper harvest. They failed to provide figures to the
Parliamentary Portfolio Committee on Land and Agriculture more than two
months after they were requested to supply the information. The committee
sent questions to the GMB at the beginning of June after parliament had
ordered an assessment of the food situation in the country. This followed
serious disputes regarding grain stocks in the country, with government
insisting that Zimbabwe will get a bumper harvest whilst independent
surveys differed. The committee was expected to present a report to
parliament before the end of the month. The CSO has not yet submitted a
response to the parliamentary committee and is yet to compile figures
regarding this year's harvest, Daniel Mackenzie Ncube, the chairman of the
committee, said last week. The GMB produced an unsigned document this week
before the committee, which didn't have figures but only claimed that the
country had sufficient food. GMB officials who attended the meeting
organised by the portfolio committee on Tuesday said they were not ready
with the figures. GMB marketing director, Zvidzai Makwenda, told the
meeting that acting chief executive officer Colonel Samuel Muvuti had taken
urgent leave. "It would be unfair for us to present anything, we are not
prepared. If we could be given more time to go and prepare," Makwenda said.
Ncube said his committee had been assessing the grain reserves in the
country over the past month but could only come up with an informed
position after obtaining figures from the GMB and the CSO. "We need those
figures and statistics, which should present a break down of what was
harvested countrywide so that we could compare with the situation on the
ground," Ncube said. Sources at the GMB and the CSO this week said both
institutions were reluctant to provide statistics regarding the food
situation because they could expose government, which has been claiming
that the country will this year harvest 2,4 million tonnes of grain.

We celebrated our fifth anniversary through public rallies at Zimbabwe Grounds in Harare and at the White City Arena in Bulawayo at the weekend. The ceremonies were well attended. A significant signal that emerged from the people showed a particularly impressive determination to fight to finishing line.

Despite the incessant propaganda during the past five years, the MDC vision to realize meaningful democratic change has sunk into the people’s hearts and minds. There is a consensus on the need to start afresh; there is unanimity across the ethnic and racial divide that Zimbabwe needs a new beginning.

The majority believe that the core national grievance in Zimbabwe today arose from the absence of basic institutional, cultural and constitutional safeguards necessary to entrench the people’s freedoms. Our institutions have collapsed. The MDC is the only driving force that has the muscle and mandate to rebuild them with both local and international support.

At our meetings, the people stated that they are aware of the Zanu PF’s regime last minute attempts to toy around with a confusing message. Nowhere is the confusion more stark that in the proposed law to limit the activities of non-governmental organizations.

In politics, it is very easy for one party to make its point to the electorate without trying to denigrate another through a ceaseless abuse of the public media. Describing opponents, their persons and their families as apologists and lackeys of the West at the expense of our national realities does not inspire a hungry, jobless and desperate population. Such utterances and comments have never advanced any political arguments, nor have they created a healthy political atmosphere among ordinary Zimbabweans.

Whatever Mugabe may think or feel about the MDC, this time his regime has to be dragged, kicking and screaming, to a stage where it has to address the fundamental needs for free and fair elections. You see it happening every day. Slowly, Mugabe is admitting that he has failed to maintain his grip on the nation.

Last week, the regime "adopted" a new Zimbabwe Electoral Commission Bill, for the first time after 24 years of running elections fraudulently. Although we still have serious reservations about the proposal, that admission alone is a significant step in that the regime has accepted that our elections have not been conducted by an independent body since 1980.

The next step is the regime’s acceptance of our voices in the public media. That is definitely coming and we are ready to engage you through that medium. There is no way the people would continue to be denied an opportunity to use their national institutions for debate and discussion about the future.

Further in our favour is the fact that our extensive efforts at exposing the fraudulent and unfair nature of our electoral system are finally starting to yield meaningful results. The people noted that whatever propaganda spin the Mugabe regime may throw in, the fact remains that we are the main drivers of the political agenda in Zimbabwe today. Mugabe and the regime are reacting to our efforts and to the direction we are taking the country.

The regime says it has embarked on a process of political transformation, but at the same time the regime is closing down the remaining pockets of political space. The regime is raiding our offices, harassing our staff and all pro-democracy activists. The regime continues to arrest all assumes opponents, as in the case of Dr Lovemore Madhuku of the National Constitutional Assembly and Honourable Nelson Chamisa, our youth chairperson. Without any formal charges, these actions are making people wonder as to Mugabe’s intentions. Does he want political reform or is he bent on perpetuating repression? It is clear that the regime is angry and desperate.

In order to move the process forward, Zanu PF must immediately engage the MDC. We need to put confidence building measures in place before a genuine election. We are ready to assist during this crucial transition from tyranny to democracy. The changes that are needed require the people’s input. The changes Mugabe and his regime are proposing must enjoy the support and blessing of all political parties and civil society, otherwise he is wasting time.

In the last five years, we exposed the regime’s weakness. We made tremendous advances and gave the people the necessary confidence to take on tyranny. We made a significant dent on the regime’s pillars of support, forcing Zanu PF to apply every trick in the book to influence the outcome of the elections.

The dilemma the regime faces today is whether to embrace change in its totality or to embark on some cosmetic action, coupled with a repressive route. The regime’s actions are an indication of its failure to explain to the region and to its supporters at home why it has to embark on political reforms after five years of futile arguments on the state of democracy in our society. The regime has limited options. It will have to create an enabling environment for democratic elections.

Our experiences show us that it is possible to introduce a new political culture in Zimbabwe. Those who oppose us can feel it. They are on the verge of losing power. The demise of the nationalistic Zanu PF cabal is now clear. The party’s leaders are at each other throats. Our determination and political programmes have begun to bear fruit.

We are making deep inroads in our campaign for an open political playground. We shall not accept that any part of Zimbabwe is regarded as a no-go area for our campaign teams. Our campaign is now in full swing. We enter the coming election from a position of rock-hard strength. Our structures are everywhere. Our presence in the so-called Zanu PF strongholds is being felt every hour. I shall always be there with you at this critical moment of our history.

Unlike in 2000, we enter this watershed race with so much confidence and solid support in the rural areas. In the last two months, I have been to Mvurwi, Lower Gweru, Zhombe, Lupane, Bikita, Hwedza, Zvishavane, Chiendambuya, Mutasa, Chimanimani, Mutema in Chipinge, Goromonzi, Buhera and Toporo. I have observed thousands overcome fear. I have seen thousands trek for long distances to our meetings. I have shared my vision for Zimbabwe with representatives of our party in these desolate areas. We are all agreed that Zimbabwe needs a new start, a new beginning. I am ready to take on the challenge and to provide a decisive leadership to restore the pride our nation.

As I said earlier, we have withered the storm. I am confident that despite all the obstacles and dangers Zimbabweans are poised for a decisive victory. The traditional arrogance of the regime towards any proposals which seek an open society, freedom for all and an inclusive political culture has collapsed, paving the way for the will of the people to prevail.

The spirit of the people, as evidenced by the enthusiasm in Gweru, Harare and Bulawayo in the past few days, is still incredibly high, despite five years of intense battering. The people are still driving the political agenda, hence the panicky reaction from the enemies of democracy. The people show unwavering confidence in the leadership of the MDC.

In the coming weeks, I shall be explaining in detail the main phases and essential elements of our people-centred reconstruction plan.