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Volume 13 Number 4
New Delhi, Winter 2006-2007
Newsletter   

Zimbabwe: Solidarity in a Time of Need

Clare Doube
Manager - Civil Society Watch Programme (CIVICUS)

It is a tragic irony that the principles of democracy, human rights and the rule of law that all Commonwealth countries must follow are called the Harare Commonwealth Principles. While these principles were largely respected by the host government when they were agreed to at the 1991 Commonwealth Heads of Government Meeting in Zimbabwe's capital; sadly, that is no longer the case.

Following its suspension and then withdrawal in 2003, Zimbabwe may no longer be a member of the Commonwealth but the plight of the country and its people remains in the hearts of many in the association as well as in the region and around the world.

It is for this reason that in November 2006 CIVICUS: World Alliance for Citizen Participation facilitated an African Solidarity Mission to Zimbabwe, in collaboration with the Crisis in Zimbabwe Coalition. CIVICUS, a Johannesburg-based international alliance dedicated to strengthening civil society and citizen participation throughout the world, runs a number of programmes, including Civil Society Watch (CSW) which organised this mission. In line with CSW's focus on responding to situations where citizen action and civil society rights and freedoms are being threatened, the November mission to Zimbabwe focused on the challenges faced by civil society in Zimbabwe and the obstacles they must overcome in order to do their work.

The Mission brought together senior and highly respected representatives from a diverse range of civil society groups from across Africa. The members of the team were: Don Mattera, South African writer and community activist; Don Deya, the Executive Director of the East African Law Society based in Tanzania; Luckson Chipare, former Regional Director of Media Institute of South Africa based in Namibia; John Kapito, a Commissioner at the Malawian Human Rights Commission; Hannah Forster, Executive Director of the African Centre for Democracy and Human Rights Studies in the Gambia; Jeremias Langa, News Director of SOICO, the only independent broadcaster in Mozambique; and Fatoumata Toure, of the Global Pan African Movement, based in Kampala.

Travelling to Harare and Bulawayo from 27 November to 1 December, the team met with representatives of civil society including those from non-governmental organisations, women, students, business, trade unions and faith-based groups, as well as individuals in government and opposition parties. This provided an opportunity for regional civil society to offer solidarity to Zimbabwean civil society during the country's humanitarian and human rights crisis. The mission also sought to discuss with various stakeholders ways and means in which civil society can effectively react to the repressive environment, and practical assistance that can be provided from abroad, particularly from the countries represented on the mission.

The existence of a strong and vibrant civil society, alongside a robust state with a prevalent rule of law, are key factors for the stability and health of a country and underpin its ability to avoid and effectively respond to crises. Tragically, the manner in which the Zimbabwean government has recently exercised power has compromised the functioning of its civil society. The Zimbabwean legislative architecture comprising the Access to Information and Protection of Privacy Act (AIPPA), Public Order and Security Act (POSA), Constitutional Amendment No. 17, and the Criminal Law (Codification and Reform) Act - among others - has severely narrowed space for civil society to exist and engage. The pending NGO Bill threatens to further hamper the legitimate work of civil society.

Tragically, the narrow legal framework is not the only limitation placed on civil society organisations that were raised with the African Solidarity Mission. Others included attacks on human rights defenders and other activists, with both physical violence and propaganda used to undermine the individuals and their work; and control of communications and resource flow. It was noted by the team that despite these and other considerable challenges, ongoing intimidation and threats, there are countless organisations and individuals continuing to courageously work on improving the situation in Zimbabwe.

The Mission observed how it is not just those who criticise the government who are under attack, but that everyday life is a struggle for many. As one person explained in a public meeting in a high-density suburb of Harare, “There is no respect for human rights. There are very high levels of corruption, very low levels of service delivery while prices of these same services are increased considerably and no accountability from those in authority”. The Mission observed that life was particularly tough for those affected by Operation Murambatsvina. While being denied entry to some Operation sites, elsewhere the Mission members met with informal settlers who indicated that their shacks, made out of motor vehicle scrap metal and black plastic sheets, had been destroyed more than five times, but they cannot leave as they have nowhere else to go.

Following their visit the African Solidarity Mission made the following recommendations, that the Government of Zimbabwe should:

  • “Begin building, along with the people of Zimbabwe, the spirit of dialogue, tolerance and peace in order for them to enjoy and realise basic freedoms and socio-economic development.
  • Be accountable to its nationals by ensuring that it promotes and protects the human rights of its people through the establishment of an enabling democratic environment.
  • Heed the recommendations of the 2005 UN Fact-Finding Mission to Zimbabwe by Mrs. Anna Tibaijuka regarding Operation Murambatsvina, and ensure the housing promised to those whose homes were destroyed is made available.
  • Repeal all the repressive laws that impinge on the enjoyment of fundamental human rights - such as the Access to Information and Protection of Privacy Act, the Public Order and Security Act, Constitutional Amendment No. 17, and the Criminal Law (Codification and Reform) Act, as well as the pending NGO Bill.
  • Work with the people of Zimbabwe to review the current constitution to make it conform with accepted standards and best practice.
  • Establish independent democratic governance institutions such as a Human Rights Commission and Anti-Corruption Commission that will, in a transparent manner, promote and protect the enjoyment of human rights.”

One of the main aims of the Mission was to also consider action that could be taken across the region to improve the situation in Zimbabwe. Therefore, in their communiqué, the team urged “international partners to support the democratic reform of governance institutions in Zimbabwe” and committed themselves as well as further urging “regional governments and civil society institutions, to continue to offer practical solidarity and tangible assistance to the government and people of Zimbabwe”.

The Commonwealth countries of Africa have an opportunity and a responsibility to be at the forefront of this assistance. The struggles against colonialism that they all have faced give a shared understanding of the urgent need for solidarity in shaking off the shackles of a dictatorial regime. Zimbabwe has previously offered support to its neighbours in times of need most notably during the anti-apartheid struggle in South Africa and now is the time for all of us to reciprocate and offer tangible support to our brothers and sisters in Zimbabwe, fighting once again for democracy and human rights to be a reality in their country.

For more information on CIVICUS' Civil Society Watch programme, mission or for a copy of the mission's report, visit www.civicus.org and www.civilsocietywatch.org or email: clare.doube@civicus.org

Voting Patterns of Commonwealth Nations in UN
R. Iniyan Ilango, Consultant, CHRI

If actions speak louder than words, human rights protection in the 53 countries of the Commonwealth is treading on thin ice.  An analysis of voting patterns at the UN’s Third Committee done by the Washington based Democracy Coalition Project shows big gaps between the Commonwealth’s rhetoric and reality. The Democracy Coalition Project analysed six recent resolutions connected to human rights and democracy. Five are related to human rights violations in Iran, North Korea, Myanmar, Belarus and Uzbekistan. The sixth resolution sought a blanket ban on “preventing politically motivated and biased country specific resolutions and confrontational approaches”. 

The Third Committee focuses on human rights issues and on the reports of the “special procedures of the newly established human rights council.” Among its 192 members are members of the Commonwealth who have a special mandate to promote and protect human rights because 13 sit on the Human Rights Council, and the nine sit on the Commonwealth’s own watchdog mechanism - in the Commonwealth Ministerial Action Group (CMAG). These members have dual mandates to protect human rights. Their voting record however did little to bolster faith that this responsibility weighed heavily on them.

Of those on the Human Rights Council, Canada and the UK opposed this dilution of human rights accountability. However, India, Malaysia, Pakistan South Africa and Sri Lanka voted to weaken human rights accountability. Bangladesh, Ghana, Mauritius and Nigeria abstained, while Cameroon and Zambia were absent.  Of the CMAG members only Canada, Malta and the UK voted against any dilution of this process while Lesotho, Malaysia, St Lucia and Sri Lanka voted to get rid of country specific criticisms. Papua New Guinea and the United Republic of Tanzania abstained.

Standards should matter, or they have no meaning. Protection of human rights is one of the core aspects of the Harare Declaration which proclaims the Commonwealth’s fundamental political values. Member states who persistently violate its standards face suspension or expulsion. Suspect states are kept on a CMAG watch list. Pakistan and Nigeria have both had spells of suspension.  UN mechanisms for examining human rights records are stronger than those of the Commonwealth, but few consequences flow even when reports are grim. At best, violating governments get rapped on the knuckles when they are specifically named for really bad behaviour.

Such behaviour puts in doubt whether there is indeed any Commonwealth standard on human rights and if there is, should there not be mechanisms that insist it be demonstrated globally?

If the guardians of state accountability sleep on their watch it does not bode well for the UN either. The present voting also betrays the promise that “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights” and lends validity to fears that like its predecessor, the new Council may fail to keep countries that are insensitive to human rights out of its membership. At the UN, human rights is much the hand maiden of foreign policy imperatives. Resolution and voting patterns are guided by more realpolitik concerns and bloc alliances than by any genuine commitment to an international gold standard on human rights. The Commonwealth members’ voting records just lends a few more nails to the coffin of the burgeoning hope that the new Human Rights Council would be able to hold violating countries effectively to account for inflicting pain and suffering on their peoples. Perhaps the next round will nail it down. (Source : Published in the Jamaica Observer and other papers in the Commonwealth in December ’06 & January ‘07)

 

 
CHRI Newsletter, Winter 2006-2007


Editors: Aditi Datta, & Venkatesh Nayak, CHRI;
Layout:
Print: Ranjan Kumar Singh,
Web Developer: Swayam Mohanty, CHRI.
Acknowledgement: Many thanks to all contributors

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The Commonwealth Human Rights Initiative (CHRI) is an independent international NGO mandated to ensure the practical realisation of human rights in the Commonwealth.