The report Zanu PF wanted withdrawn
By Zimbabwe Peace Process
Friday, 17 June 2011 17:05
INTRODUCTION – Before the political raptures of North Africa and the Arab
World which affected Tunisia, Egypt and Libya, the Republic of Zimbabwe was
pretty much a focal point of the international community.
Once the dust settles in those countries either way, there is no guarantee
that the world will not return back to its favourite pastime.
The developments in the northern part of our continent should impress upon
all of us within the Sadc region, about the need and importance of resolving
the Zimbabwean impasse speedily and in a way that will not just satisfy the
Sadc Region but also that would be acceptable to the entire world.
There is a growing impatience within the region as well as the world about
the long period of time it is taking us to find a permanent and lasting
solution to the challenges that face Zimbabwe.
This report covers the Zimbabwe Peace process and the programme of
facilitation. The report focuses on the matters relating to the Global
Political Agreement, as well as the Facilitator’s engagement with the role
players.
The report follows up from the recommendations by the Troika Organ on
Politics, Defence and Security Cooperation, to the Sadc Summit, held at
Windhoek, Namibia, on August 15, 2010. As will be recalled, 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 (Global Political
Agreement ) with the aims of resolving once and for all the current
political and economic situation and charting a new political direction for
the country”. [Article II, 2.]
2. ASSESSMENT OF THE SITUATION:
We have been engaged in a process of mediating since the establishment of
the GPA in January 2009, and we have not made much progress. As Sadc we
need to re-double our efforts in finding a permanent and lasting solution to
the challenge that Zimbabwe faces.
There have been moments which have given us hope in the past 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 is time that Sadc must speak 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 an unfortunate side-track.
The fact that Zimbabwean parties are in an electioneering mode, and are
more and more 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 towards 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 that is characterised by violence, intimidation
and fear.
The holding of elections in this current climate will lead Zimbabwe back to
the situation it was in about three years ago when it held its last
elections, or even find itself in a far worse situation than before. We
cannot have elections when the ground has not been sufficiently prepared.
3. 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 the Political Principals, President Robert G. Mugabe, Prime
Minister Morgan R. Tsvangirai and Deputy Prime Minister Arthur G.O
Mutambara.
Among other things I took up with the leaders, was the Sadc decision “to
help Zimbabwe to 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.
3.1. Implementation Matrix:
I also raised the matter of the Implementation Matrix (Annexure “A”) of
decisions taken by the negotiators and endorsed by the Political Principals,
especially those matters which could not be resolved.
As will be recalled, the Sadc Summit endorsed the recommendation of the
Troika that:
“ The parties, assisted by the Troika, 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 Global Political Agreement there has been a
lack of implementation even on the issues that had been agreed upon, which
clearly indicate a lack of political will to move the process forward by
implementing those things that all parties are in agreement about.
While the Media Commission has been established the biggest challenge is
that the Board of the Zimbabwe Broadcasting Corporation 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 regarding print
space and air time, 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 Human Rights
Commission.
The Commission also suffers from inadequate resources, human and material,
including funding.
In addition to these, there are also other important commissions that have
not been established yet; these 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 report of the Joint Monitoring and
Implementation Committee (JOMIC), which is attached for your information as
Annexure B.
3.2. 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, Executive
Party Organs and other lower level structures of the GPA partners were
instructed to implement that strategy and publicly call for the removal of
the sanctions.
That is not happening as regularly and consistently as we envisaged.
3.3. Facilitation:
The Facilitation Task Team has travelled in and out of Zimbabwe interacting
with the leaders there and their parties, as well as other formations, to
get updates on matters relating to the GPA and the Implementation Matrix and
to pursue the development of the 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 at a time when
polarisation in Zimbabwe was creeping in among the GPA partners.
The full implementation of the negotiated positions as encapsulated in the
Implementation Matrix, including the outstanding matters, was raised with
leaders. Also raised was the construction of the roadmap towards free and
fair elections.
The scope of the interaction was broadened to include sessions within
Election Commission (ZEC), the Parliamentary Select Committee on the
Constitution (COPAC), the Zimbabwe Election Support Network (ZESN) and the
Zimbabwe Lawyers for Human Rights (ZLHR).
Those organisations were met as part of preparations for the development of
the roadmap.
Given that the question of human rights also speaks to the ability by all
concerned to participate in all activities of their country without any fear
of intimidation and physical injury.
4. WAY FORWARD
The Zimbabwe Negotiators met on Monday, March 21, and agreed to the
following:
They will meet on April 1 and draft the Review Mechanism Report as well as
the roadmap towards Harmonised Elections in Zimbabwe.
The Negotiators will meet later at a workshop with the Facilitation Team in
order to arrive at a common understanding between the parties as well as
resolve outstanding matters.
The agenda of the workshop will include the report of the review Mechanism;
the report of JOMIC and the roadmap that is under consideration. The date
of the workshop is being finalised.
4.1. Review Mechanism:
The Review Mechanism is one of the instruments 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 consulting with the Guarantors.”
4.2. Free and Fair Election:
The Sadc Summit endorsed the view of the Troika regarding elections in
Zimbabwe 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. This united action will ensure a peaceful election.
It is important that the Troika recalls the report to the Sadc Summit
because, flowing from it are clear instructions to all of us on how to
assist to restore peace security, justice and stability to Zimbabwe.
5. RECOMMENDATIONS
The Troika should call upon all GPA Partners to implement all decisions made
to advance the ideals of the GPA, 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 hate speech.
The Troika should call on the Inclusive Government in Zimbabwe to complete
all steps necessary to finalise the constitution-making process, including
calling for a referendum on the draft constitution, and the drafting and
endorsement by all stakeholders of the roadmap with the assistance of Sadc
through the Facilitator.
The Troika and Sadc must help Zimbabwe to formulate guidelines that will
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.
Given the fact that Sadc is a key guarantor of the GPA, the Troika should
recommend that Sadc should appoint a team to work together with the
Facilitation Team in order to engage directly and dynamically with JOMIC for
purposes of monitoring and ensuring that implementation of all matters that
flow from the GPA, including the full implementation of the Matrix.
REPORT BY THE SADC FACILITATOR, PRESIDENT J. G. ZUMA, OF THE REPUBLIC OF
SOUTH AFRICA, TO THE TROIKA SUMMIT OF MARCH 31, 2011, HELD AT VICTORIA
FALLS, LIVINGSTONE, REPUBLIC OF ZAMBIA.