Zuma’s Controversial Report On Zimbabwe

ON March 31, Sadc facilitator to Zimbabwe’s political crisis, South African President Jacob Zuma, tabled a damning report to the regional bloc’s organ on Politics, Defence and Security Cooperation at its meeting in Livingstone, Zambia. The report was condemned by Zanu PF. Below is an edited version of the report.

Before the political ruptures of North Africa and the Arab World which affected Tunisia, Egypt and Libya, Zimbabwe was pretty much a focal point of the international community.

The developments in the northern part of our continent should impress upon all of us in the Sadc region about the need and importance of resolving the Zimbabwean impasse speedily and in a way that will not just satisfy Sadc, but be acceptable to the entire world.

There is a growing impatience in the region and the world about the long period it is taking us to find a permanent and lasting solution to the challenges facing Zimbabwe.

This report covers the Zimbabwe Peace Process and the programme of facilitation.

It focuses on matters relating to the Global Political Agreement, as well as the Facilitator’s engagement with the role players. The report follows up on the recommendations by the Troika’s Organ on Politics, Defence and Security Cooperation, to the Sadc Summit in Windhoek on August 15 2010.

The recommendations were endorsed by the summit. The continued engagement with the Zimbabwe peace process relies on the declaration of commitment by the Zimbabwe parties captured as follows in the GPA:

“The parties hereby declare and agree to work together to create a genuine, viable, permanent, sustainable and nationally acceptable solution to the Zimbabwe situation and in particular to implement the GPA with the aim of resolving once and for all the current political and economic situations and charting a new political direction for the country.”

Assessment of the situation

We have been mediating since the signing of the GPA (in September 2008) and we have not made much progress. As Sadc, we need to redouble our efforts in finding a permanent and lasting solution to the challenges facing Zimbabwe.

There have been moments of hope that a breakthrough would be found but we have been continuously disappointed by the slow pace and lack of progress in areas which are critical. We have been disappointed by continuous backtracking and lack of implementation of resolutions and agreements made.

“It’s time that Sadc speaks with one voice in impressing to all the parties concerned that this situation can no longer be tolerated. The focus that Zimbabwean parties have placed on elections without creating the necessary conducive climate for those elections is an unfortunate sidetrack.

“The fact that Zimbabwean parties are in an electioneering mode, and are agitating for the holding of elections while they have not done enough groundwork towards ensuring that the building blocks and institutions are firmly in place for the holding of free, fair and democratic elections is counterproductive.

“We must dissuade all parties from thinking that they can hold elections in the prevailing atmosphere characterised by violence, intimidation and fear. The holding of elections in this climate will lead Zimbabwe back to the situation it was in three years ago during its last elections, or even in a far worse situation. We cannot have elections when the ground has not been sufficiently prepared.

Further engagements

“In my capacity as Facilitator, and in pursuit of the desire to keep the parties working closely together in the implementation of the GPA and in the best interest of Zimbabwe, I arranged a meeting in Harare on November 26, where I met with the political principals, President Robert Mugabe, Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara.

“Among other things I took up with the leaders, was the Sadc decision “to help Zimbabwe draw up guidelines for a free and fair election”.

“There was agreement among us that a roadmap needed to be developed as a guideline for democratic, free and fair election without violence and intimidation and where the playing field would be level for all.

Implementation matrix

“I also raised the matter of the Implementation matrix of decisions taken by the negotiators and endorsed by the political principals, especially those which could not be resolved.

“As will be recalled, the Sadc Summit endorsed the recommendation of the Troika that: ‘The parties should discuss the outstanding matters in keeping with the decisions of the Maputo Troika Summit and resolve them within one month as part of a confidence-building measure, based on appropriate consultation (within the ambit of) Zimbabwe’s law and any other relevant legal instrument.’

“I will not go into details about what issues have been points of contention, suffice to say that we are all familiar with those issues as they were dealt with extensively during the last Sadc and Troika summits.

“But of concern to us is the fact that while there are many agreements reached by signatories to the GPA, there has been a lack of implementation even on the issues that had been agreed on, which clearly indicates a lack of political will to move the process forward by implementing the agreements.

“While the Media Commission has been established, the biggest challenge is that the ZBC board has not been appointed nor has the Media Trust been constituted. Those matters, including the absence of enabling legislation, restrict the Media Commission in discharging its functions.

“The Media Commission is an important instrument in the creation of a level political field en route to elections, where, among other things, there should be unbiased and equal access by all stakeholders to print and broadcast media, with unfettered access and equal rates for advertising, and where all stakeholders should have a right of reply when subjected to adverse publicity.

The Human Rights Commission was also established, however, the absence of enabling legislation is also undermining the effectiveness of the commission. It also suffers from inadequate resources, human and material, including funding.

There are also other important commissions that have not been established, which include the Land Audit Commission and the Anti-Corruption Commission.

The challenges we have highlighted are admitted by the Zimbabweans themselves as can be seen in the Jomic report, which is attached…

Sanctions:

Suspicion continues to dog the campaign for the lifting of sanctions against Zimbabwe — a matter that all parties agreed to in principle. A sanctions removal strategy was agreed to, and party leaders and their parties were instructed to implement that strategy and publicly call for the removal of sanctions. That is not happening as regularly and consistently as was envisaged.

Facilitation:

The Facilitation Task Team has travelled to Zimbabwe meeting party leaders and their parties, as well as other formations, to get GPA updates and the implementation matrix, and to pursue the development of a roadmap. The team visited Zimbabwe on January 17-18; February 7; February 22-24 and March 15-16.

The first engagement was with the political principals and was at a time polarisation was creeping in. The full implementation of the negotiated positions as encapsulated in the implementation matrix, including outstanding matters, was raised with the leaders. Also raised was the construction of a roadmap towards free and fair elections.

The interaction included sessions with the ZEC, Copac, Zimbabwe Election Support Network and the Zimbabwe Lawyers for Human Rights.

Those organisations were met as part of preparations for the development of the roadmap given that human rights speak to the ability by all concerned to participate in all activities of their country without any fear of intimidation and physical injury.

Way forward

The Zimbabwe negotiators met on March 21 2011 and agreed to the following:

•That they will meet on April 1 and draft the Review Mechanism Report and the roadmap for harmonised elections.

•The negotiators will meet later at a workshop with the Facilitation Team in order to agree on a common understanding and resolve outstanding matters.

•The workshop agenda will include the Review Mechanism report, Jomic report and the proposed roadmap.

Review Mechanism:

The Review Mechanism was created by the GPA to establish peace, security and stability in Zimbabwe. Article 23.2 of the GPA says: “The Parties will continually review the effectiveness and any other matter relating to the functioning of the Inclusive government established by the constitution in consultation with the guarantors.”

Free and Fair Election:

The Sadc Summit endorsed the Troika views on regarding elections that would be free and fair on the basis of the following Troika submissions:

“The suggestion (of a Roadmap) is designed to ensure a sustained focus on developments in Zimbabwe towards the elections, the monitoring of the situation and timely interventions to deal with problems if and when they arise.

“Leading to the elections, the Inclusive government should be united in its efforts to ensure everything is ready for the elections.

“The constitution-making exercise, as well as the referendum on that constitution, should be a joint task of all the parties in the Inclusive government.

It is important that the Troika recalls its report to the Sadc Summit because, flowing from it are clear instructions on how to assist restore peace, security, justice and stability to Zimbabwe.

Recommendations

1. The Troika should call upon all GPA partners to implement all decisions made, in particular the full implementation of the matrix, and the creation of an environment conducive to peace, security and free political activity for all, and the elimination of hate speech.

2. The Troika should call on the inclusive government to complete all steps necessary to finalise the constitution-making process, including a referendum on the draft, and the drafting and endorsement by all stakeholders of the roadmap with the assistance of Sadc through the facilitator.

3. The Troika and Sadc must help Zimbabwe formulate guidelines to assist in holding an election that will be peaceful, free and fair and where the political field will be level, in accordance with the Sadc Principles and Guidelines Governing Democratic Elections

4. Given that Sadc is a key guarantor of the GPA, the Troika should recommend that Sadc appoint a team to work with the facilitation team in order to engage directly and dynamically with JOMIC for purposes of monitoring and ensuring the implementation of all matters that flow from the GPA, including the full implementation of the matrix.