CRISIS REPORTS

Issue 6 ■ June 2007 Fresh insights into the Zimbabwean situation

CONSTITUTION A VEXED ISSUE IN MEDIATION PROCESS

Both sides in the Zimbabwean confrontation want to change the constitution — but in radically different ways.

By Zakeus Chibaya in Johannesburg

Constitutional matters look set to feature large in the mediation effort led by South Africa president Thabo Mbeki to seek a solution to Zimbabwe’s continuing political crisis. While the opposition wants Mbeki to facilitate progress towards a more

democratic constitution, the ruling Lazele Credit: ZANU-PF may pre-empt this by A woman inspects a banner at the National Constitutional Assembly’s offices in getting its own constitutional changes Harare. Picture taken May 30. in first. Democratic Change, MDC, for a major “A new and well-drafted Mbeki has been mandated by the overhaul of the current constitution as constitution will definitely solve the Southern Africa Development a precondition for fair elections. whole conflict facing the country. It Community, SADC, to talk to President will provide a platform for fair and and his political According to political analyst Edmund free elections, and there will be an opponents. As he engages with the Gwazai, “The roadmap should lead to independent judiciary to arbitrate two sides, he is hearing demands from constitutional amendments which are on issues of conflict arising from the opposition Movement for acceptable to both parties. elections.”

NEWS IN BRIEF

■ The government is to ■ The Zimbabwe Sugar Association, receiving specialist medical compensate white farmers whose ZSA, has said the country faces a treatment. Harare magistrate Gloria land it has confiscated under a severe shortage of sugar this year Takundwa ordered Komichi to be controversial land redistribution because of poor production. taken straight back to the hospital programme over the past seven Addressing parliament’s committee when he appeared for a remand years. In a notice published in the on industry and trade on May 29, the hearing on June 1. state-controlled Herald newspaper ZSA said sugar production in on May 31, Ngoni Masoka, Zimbabwe is set to decline from ■ On May 29, Zimbabwean permanent secretary at the 585,000 tonnes recorded before the journalists postponed plans to launch Ministry of Lands, Land Reform and land reforms of 2000 to 442,000 a self-regulatory council for the Resettlement, advised former tonnes this year. media, amid revelations that owners to approach the ministry President Robert Mugabe’s office was for compensation for ■ MDC deputy national organising pressuring the Zimbabwe Union of improvements they made to their secretary Morgan Komichi is battling Journalists, ZUJ, not to back the properties such as buildings, dams for his life in a prison hospital as the council. The ZUJ is the largest and roads. authorities continue to prevent him representative body for journalists.

JUNE 2007 ■ 1 THE INSTITUTE FOR WAR AND PEACE REPORTING

The MDC has threatened to boycott likely to rush though further A fait accompli by ZANU-PF will make the 2008 elections if the mediation amendments slanted towards the South African leader’s job that process fails to result in an agreed set strengthening the president’s position. much more difficult. of constitutional amendments. That could derail any effort by the South African leader to forge a constitutional “Mbeki is going to face a problem IWPR understands that both factions of solution acceptable to both sides. where Mugabe rejects a new the MDC have submitted letters to constitutional initiative and drafts his Mbeki identifying the constitution as the When ZANU-PF’s Central Committee own,” said Gwazai. “The opposition source of the present political conflict. met on March 30, it decided to would demand an outright new introduce a constitutional amendment to constitution. The issue of the “The talks should lead to a new parliament enabling the 2010 constitution is going to take up much constitution where draconian laws will presidential election to be brought of the time.” be scrapped to make way for free and forward so that it coincided with next fair elections,” Thamsqwa Mahlangu, year’s parliamentary ballot. Other This is not the first time Mbeki has the MDC’s national youth chairperson changes would bring in a new been involved in attempts to put for MDC, told IWPR. procedure whereby parliament selects a together a constitution that both sides successor if Mugabe resigns before the could sign up to. Zimbabwe still uses the constitution end of his next term — meaning the that was drafted at Lancaster House in head of state would be indirectly With Mbeki as intermediary, ZANU-PF London as a prelude to independence elected by a ZANU-PF dominated body and the MDC draft a secret document in 1980. There is common consent that rather than chosen by the people of in 2004. Mbeki told the South African it needs to be changed, but the Zimbabwe. Broadcasting Corporation last year consensus stops there. that the process was complete before It is these revisions, rather than a new the 2005 parliamentary election, and Mugabe’s critics say he has used document agreed in consultations with that he had copies of the document amendments passed over the years to Mbeki and the MDC, that ZANU-PF initialled on every page by ZANU-PF steadily strengthen his position and plans to push through. and the MDC. marginalise opponents, notably in 1987 when the rules were changed “We are not going to have a new Mbeki has said subsequently that the allowing him to become president constitution now, and we don’t know election put the process “on the back- instead of merely prime minister. what they are talking about,” said burner” and it was not revived. ZANU-PF spokesman Nathan Like the MDC, the National Constitutional Shamuyarira, in remarks quoted on the Other accounts suggested that Assembly, NCA, a pressure group website of The Zimbabwean. Mugabe got cold feet on the calling for legislative reforms, is constitution, not so much because of demanding that a democratically- Speaking to IWPR earlier this year, an concerns about the opposition as inspired constitution should be in place anonymous ZANU-PF insider was over a meeting attended by some of before any election takes place. dismissive of the MDC’s demand for a his officials which he saw as a coup new constitution, and refused to say plot, requiring him to pull in his “Whilst supporting the mediation whether his party would consider the horns. efforts being led by South Africa, the issue if it were put on the agenda of NCA believes that without promoting a mediation talks. In Zimbabwe, many people are putting process of assisting Zimbabweans to great store in the South African establish a people-driven and “They rejected a new constitution in president’s ability to find a political democratic constitution as a basis for 2000. Have they changed their mind solution and thus open the way to substantive democracy, the culture of now? What are they proposing?” he economic recovery. anti-democratic practice will persist at asked. “It is their problem. Comrade an extreme human cost to Zimbabwe Mugabe has said the current constitution Esinath Majoni, who is a nurse by and the region,” said NCA is sacrosanct and non-negotiable.” profession but makes a living from spokesperson Madock Chivasa. cross-border trading, captured this He was referring to a referendum in sentiment when she said, “We hope “Without a constitution that rests on a 2000 in which Zimbabwean voters that the talks will end our suffering in vision of democracy, any talk of rejected a new constitution proposed the country. It’s now difficult to survive mediation does nothing but buy time by the authorities, which would have in the country, and everyone is putting for the regime to perfect its art of legitimised the confiscation of white- her last million dollars on Mbeki’s thuggery and abuse.” owned farms as a way of providing efforts to rescue us.” redress for the British colonial past. Mugabe’s ruling ZANU-PF party Mugabe went ahead with the land appears to be avoiding discussion of seizures anyway, with disastrous effects Zakeus Chibaya is a regular the issue in the mediation talks. But it is on the country’s agricultural production. contributor to IWPR. ■

2 ■ ISSUE 6 ZIMBABWE CRISIS REPORTS FOOD FOR VOTES

Local relief groups complain that government pressure is compromising their ability to feed a hungry population.

By Nonthando Bhebhe in Harare

The Zimbabwean authorities have a history of controlling access to food for political purposes. As the ongoing drought adds to the food shortages, and the 2008 elections draw closer, the government is once again focusing its attention on distribution.

By imposing restrictions on non-

government organisations, NGOs, Lazele Credit: officials are curbing their ability to People wait to receive food aid from an NGO in Harare. Picture taken February 2007 provide food aid. And as international donor find that their local partners are less and less able to operate freely, As well as selective distribution Organisation Bill which restricted the there is a danger they will divert food through its own food aid centres, the activities of NGOs and human rights aid to countries where it can be government has tried to influence the groups, particularly those financed distributed effectively. way international relief groups manage from abroad. distribution. During the liberation struggle in what This attempt by Mugabe to stifle was then in the Seventies, Ian debate served its purpose, as most Smith’s white minority regime withheld Since Mugabe launched a NGOs were uncertain about their food from rural areas in an attempt to campaign to dispossess future and security, and many limited starve out rebel guerrilla groups. their operations during that period. white farmers, Zimbabwe Soon after independence in 1980, the has suffered severe As a result, an estimated 2.3 million new administration of President Robert problems with food rural people in need of food aid had to Mugabe and his ruling ZANU-PF party production. rely completely on government again used food as a weapon against assistance programmes. Food imports political opponents. During the arranged by the MDC were seized at Gukurahundi campaign, in which In the run up to the 2002 presidential the border and distributed by thousands of civilians in the election, ZANU-PF members warned government. Matabeleland and Midlands regions local chiefs and headmen in some died, shops were closed and relief aid areas that they would be denied In autumn 2006, the government lifted was halted to these drought-stricken supplies of food aid for their a ban on NGOs handing out food. But areas, just to prevent a few hundred communities if they did not deliver an as the country heads towards next armed dissident fighters from electoral victory for Mugabe. The year’s make-or-break presidential and accessing food. government also discouraged parliamentary election, the international donor organisations from government is again trying to control Since 2000, when Mugabe launched a giving out food, misleading them by NGOs, particularly those involved in campaign to dispossess white farmers telling them that Zimbabwe had had a food aid, human rights, civic education and redistribute their farms to landless bumper harvest. and election monitoring. people, Zimbabwe has suffered severe problems with agricultural production. Then in 2004, months before the Local aid groups are now jittery after As a result, many people are reliant on crucial 2005 parliamentary election, Information Minister handouts from relief agencies or the the authorities introduced the said all NGOs had been government. controversial Non-Government “deregistered” and must apply for new

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Zimbabwe’s food crisis may get worse, as stocks of the staple food item, maize, are said to be running out.

Domestic production of maize, sorghum and millet for the 2006-07 growing season is forecast to be about 50 per cent of the preceding season. Cereal production is forecast to be enough to meet only 40 to 50 per cent of domestic consumption needs.

The United Nations Food Programme says nearly half of Zimbabwe’s 13 million people will need food aid this year, and a country which used to export food to Credit: Lazele Credit: its neighbour would need to import Agriculture Minister Rugare Gumbo at an agricultural field day in Mashonaland East . two million tons of grain to get Picture taken in March 2007. through the year.

licenses to operate. Later, however, “Food distribution has been made With no hard currency reserves, the the government said it had not banned political,” Fambai Ngirande, government will almost certainly be NGOs but simply put in place new spokesperson for the National unable to pay for adequate grain policy guidelines for their registration Association of NGOs, told IWPR. imports — even taking hundreds of and operation. tons of donated food into account. “There are organisations Under the new regulations, NGOs now Ngirande said most foreign-funded have to sign a memorandum of bent on using aid as a organisations had already understanding with the government political tool to enhance significantly reduced their aid to department relevant to their specialist the interests of the Zimbabwe, and given the worsening area, and can be stripped of their opposition, and we are not environment in which NGOs operate, official registration if they are deemed going to allow that” they were liable to curtail it even to have exceeded their mandate. further; putting millions of lives at — Agriculture Minister risk. Towards the end of April, Agriculture Rugare Gumbo. Minister Rugare Gumbo reiterated the “We are telling our members that official line that any food aid that pulling out is not the answer, as it appeared to have political strings “Distribution organisations have been will make it worse for ordinary attached would be blocked. compelled to give food only to card- Zimbabweans,” he said. “If we stop carrying members of the ruling party. our activities, the human rights “Government will certainly sit down These agencies have been denied abuses, torture and denial of food and decide which aid agencies or access to some areas, and told to because of political affiliation will go organisations to allow assisting with leave the food with government on. The situation demands an even food distribution,” he told the United distribution arms.” greater presence — we simply Nations information agency IRIN. “We cannot afford to close down. realise that there are organisations Ngirande predicted that the pressure, bent on using aid as a political tool to obstructions and surveillance NGOs “Most of our organisations are enhance the interests of the opposition, now have to endure would get worse. funded from outside, the foreign and we are not going to allow that.” policies of those countries affect “As we are heading towards 2008, resources that come into Zimbabwe. The government is shipping state- part of the election strategy is to close If the food distribution is not done subsidy grain for public distribution — certain NGOs that deal with properly, then they would rather go but only to ZANU-PF strongholds. governance and human rights issues. elsewhere where there is also Given the state Grain Marketing They also want to monitor food; and need.” Board’s history of discriminatory given that it is a drought year, they allocation, supporters of the opposition want to make sure that they are the Nonthando Bhebhe is a pseudonym are likely to suffer. sole distributors of food aid,” he said. used by a journalist in Zimbabwe. ■

4 ■ ISSUE 6 ZIMBABWE CRISIS REPORTS MUGABE BENEFITS FROM MDC WEAKNESSES

Tactical failings of Zimbabwean opposition have played into the hands of the regime.

By Norman Chitapi in Harare

While Zimbabwe’s ruling ZANU-PF party is making it as hard as possible for the main opposition Movement for Democratic Change, MDC, to campaign, let alone win, the synchronised presidential and parliamentary elections scheduled for next year, the MDC is just as complicit in its own downfall, political analysts say. Credit: Lazele Credit: MDC leaders Arthur Mutambara, Morgan Tsvangirai and (left to Draconian laws such as the Public right) at a memorial service for an opposition supporter killed by police in March. Order and Security Act render it Picture taken March 27. almost impossible for the MDC to address its supporters; intelligence service-run electoral institutions, like routinely ignored court orders to allow attack on lawyers going about their the Zimbabwe Electoral Commission, those beaten access either to their duty to ensure every Zimbabwean had tilt the ballot in favour of the ruling lawyers or medical treatment. access to legal counsel. party; while the government’s monopoly over the four radio stations “It is a state gone berserk. It is the Analysts, however, said these attacks and the sole TV channel ensure ultimate breakdown of law and order,” could not go on forever, noting that opposition voices are rarely heard. lamented a political analyst in Harare. violence of this kind had a limited impact. The analysts said there was Since the beginning of the year, the enough resentment in the country government has moved up a gear. It against the ruling party over the has become blatant in its attacks on “It is a state gone berserk” collapsing economy, which the pro-democracy movements, which it — Harare-based political opposition could easily tap into if it accuses of fostering what it calls “a analyst. was organised and able to change its regime change agenda” and stirring strategies. up civil unrest in the country. Since the arrest and brutal attack on opposition “Therein lies the biggest problem for leaders and their supporters for trying This followed the arrest and beating the MDC,” said another analyst in to attend a banned rally on March 11, up of four senior Harare lawyers on Harare. “Instead of organising its local government pressure on the May 9 for demonstrating against the structures, even without holding rallies, opposition has intensified. detention by police of two of their the MDC is more visible when colleagues who were seeking bail for complaining against police brutality or Up to 600 MDC and civil society detained opposition activists. in its messages delivered to foreign activists have been detained, audiences.” assaulted and tortured since the Southern African Development abortive rally, dubbed “Black Sunday”. Community Lawyers’ Association The analyst said the MDC leadership put They include ordinary people, president Sternford Moyo, a veteran too much faith in the influence of the journalists attempting to cover lawyer in Harare, said they would international community instead of local opposition activities and lawyers trying challenge the deliberate subversion of voters. “We all know [President Robert] to secure their release. Police have the law by the state. He deplored the Mugabe doesn’t care what the West

JUNE 2007 ■ 5 THE INSTITUTE FOR WAR AND PEACE REPORTING says. After all, he believes they want him claims by new ZANU-PF landlords that Along with inducing voter apathy, the out of power. But more than that, the it planned to return land to white analyst said the MDC wasted too MDC is addressing the wrong audience. commercial farmers. much time deciding whether to Who reads the Washington Post or the participate in elections, “This shows South African Sunday Times?” he asked, Another analyst said the MDC was bad leadership. Indecision is a referring to foreign newspapers that also losing support in urban definite no-no in leadership. People carried recent speeches by MDC leader communities because of its don’t owe any politician a living and Morgan Tsvangirai. “negativity”. He said the party was want to vote and get on with their focused on negative factors without lives.” offering a better vision and purpose to “The MDC is addressing the restore people’s hopes. “Indecision is a definite wrong audience. Who reads “It is well to expose ZANU-PF’s the Washington Post or the no-no in leadership” incompetence and corruption,” he — analyst in Zimbabwe. South African Sunday said. “But surely they must show us Times?” the way forward. There is too much — Harare-based analyst. negativity in their politics. But when leaders threaten to boycott elections one day and the following day turn around to say to people “go He said the MDC was failing to set up and vote for us”, they are not doing strong structures in rural areas to “The best the MDC can talk their party any good service. This has challenge ZANU-PF. Referring to the about is human rights and worked badly for the MDC in the past MDC ‘s performance in its first democracy… it is a hard and ZANU-PF has probably won by parliamentary election in July 2000, sell to ordinary people.” default. the analyst said the party had won several seats in rural areas despite the People are looking for new and worst electoral violence ever positive strategies to beat ZANU-PF witnessed in the country. “When they tell their supporters that and those can only come from elections under the current constitution leaders — leadership cannot be He also said the MDC apparently produce ‘predetermined outcomes’, subcontracted to the moral didn’t have a coherent programme for this breeds apathy among voters. Why influence of foreign governments, rural areas. He said this made it hard should people vote when you already he said. for it to penetrate countryside know the result? It becomes very communities, which have received difficult to gauge their level of support land free from the ruling party. He said and how far the outcome is a result of Norman Chitapi is the pseudonym of the MDC was also failing to counter rigging.” an IWPR reporter in Zimbabwe. ■

The Zimbabwe Crisis Report is information provision, It also contributes to the an initiative of IWPR-Africa’s capacity building and development of regional policy, Zimbabwe Programme. dissemination and distribution. promotes dialogue and builds This programme promotes bridges within the region. It also democratization and good The key purpose is to increase raises the Africa wide and governance with Southern Africa awareness in the Southern African international profile of Zimbabwe and contributes to the region of the Zimbabwean in the context of the region. development of a culture of situation and the implications for Importantly it also builds the skills human rights and the rule of law. regional peace, security and and capacity of the media to Focusing on Zimbabwe the economic development. reliably and accurately report programme has three core political transition, governance and components — human rights issues.

The programme is managed by the Institute for War and Peace Reporting — Africa. For further details go to www.iwpr.net

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