Coordinator’s Brief and brutality in the recent past are a Tanzania, Malawi, Democratic testimony to the urgent need for Republic of Congo, Swaziland, reclaiming the democratic space in Namibia, Zambia, Mozambique, the region. In Zimbabwe the state Zimbabwe and Lesotho are thus has become more brutal and vicious alleged to be authoring and presiding since the departure of Robert Mugabe over the death of the promise of and to date the country has had the liberation: Democracy; which they largest number of activists charged were once epitomized. In fact, the with treason since the military ‘Liberators’ have turned ‘Oppressors’. takeover by Emmerson Mnangagwa The current situation in Southern BY BLESSING VAVA in November 2017. Swaziland Africa flies in the face of the post- (Regional Coordinator - Crisis in remains a problem child under the independence wave of ‘democratic Zimbabwe Coalition) absolute monarchy of King Mswati transitions’, particularly in the context with scores of activists either being of what has been largely referred to The SADC region is now emerging as jailed or having to skip the border as the ‘third wave of democratization’ one of the hotspots in the continent for their safety. Zambia under that swept across Africa with the despite it witnessing transitions and President Edgar Lungu has regressed introduction of multi-party electoral change of leaders in the previous and worsened from being a free and democracy. Beginning in 1989, After years. Though the region has seen a open society to an increasing the fall of the Berlin Wall, the region change of leaders in Botswana, authoritarian as the government has underwent a transition from one Zambia, Angola, South Africa, been on a relentless campaign to party-state/dominion to mult- Democratic Republic of Congo (DRC), clampdown on civil society activists. partyism. This led to new governments Mozambique and recently Zimbabwe The DRC, Malawi and Mozambique ascending to power in Zambia, in the last quarter of 2017, democratic have witnessed electoral malpractices Tanzania and Malawi with great space has been shrinking as that have led to the elections being promise of transparency, good witnessed by the increase in human disputed as a true representation of governance and economic rights violations. the “people’s will”. transformation. Two decades later, the results have been rather The increasing levels and alarming Essentially, civic work is becoming disappointing as witnessed by consistency with which governments dangerous in most countries across increased corruption, poor service in Southern Africa are muzzling the region with some (countries) delivery and undemocratic electoral democratic governance, violating adopting laws aimed at constraining processes that continue to produce human rights, manipulating elections the operations of Non-Governmental heavily contested electoral outcomes. and suppressing people’s democratic Organisations (NGOs) as part of what aspirations through brute force of is described as a broader strategy by Off late, there are increasing attempts various other political chicanery has African governments to narrow space and a shift in strategies and tactics been appalling. for democratic activity. Consequently, by governments in Southern Africa countries like Tanzania, Zambia, to close the little available democratic Countries such as Zimbabwe, Malawi, Malawi, Zambia and Mozambique space. Southern African governments DR Congo, Madagascar and have lined up such laws to control have adopted subtle and deft control Mozambique whose elections were and monitor the operations of NGOs and suppression means hinged on riddled with contestation, violence deemed political. Ruling elites in ‘strict legalism’ and ‘rule by law rather

LEAD EDITOR: TAMUKA CHIRIMAMBOWA

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 1 than rule of law’. In simple terms, Swaziland, Lesotho, Zimbabwe, Equally, the compendium comes governments have found it prudent Tanzania, South Africa and DRC. Other against a background of activities to pay lip service to democratic norms participants included representatives and work done by the Crisis in whilst, practising authoritarianism of key South African, Southern African Zimbabwe Coalition with its civil informed by benign politics, hence and International NGOs and think society partners in SADC over the giving rise to the discourse of tanks as well as research institutions years in contribution to the restoration competitive authoritarian regimes. based in South Africa. of democracy in the region. Ever since, Instead of using primitive and crude the CiZC convened the first-ever tactics of violence and naked brutality, Inputs and discussions allowed more regional conference on ‘The Shrinking they are now moving to annihilate detailed engagements on the status of Democratic Space’ from 21 - 22 civic space through the enactment of of the state of democracy and human November 2017 in Johannesburg, draconian laws that seek to curtail rights in the region, in particular, the South Africa. Pursuant to that, the the operating space of civil society challenges being faced by human Zimbabwean civil society under the organisations (CSOs). Countries such rights defenders (common and leadership of the Coalition made as Zimbabwe, Tanzania, Zambia and country-specific), zooming in on the inroads in engaging the regional body Swaziland have thus, taken the lead practical opportunities for civil society SADC organs, namely the SADC in criminalizing human rights and and how it may organise to address Secretariat in Botswana in 2018 and development work in their respective these challenges. The country also the historic meeting with then countries. The same period has also positions, herein contained in this SADC Chairperson President Hage seen increased arrests, abductions compendium answered critical Geingob of Namibia on the 30th of and surveillance on human rights questions on what needs to be done October 2018. These actions are part defenders and activists. to address these challenges and who of the coalition’s work regionally in should civil society engage and how? trying to bring to attention the This compendium gives a The conference sought to fulfil the democratic deficits which need the kaleidoscopic view of the SADC following objectives; urgent attention of SADC. region’s hotspots giving a snapshot overview of the prevailing situation. • Share, Learn and Review country- The compendium also proved to be It gives an outline of the various level positions on the state of a useful discussion document at this human rights violations in specific democracy and human rights, and year's SADC Peoples Conference held countries, then moves on to articulate together consolidate regional in Tanzania in August 2019 and it proposals of what needs to be done positions and a strategy for a helped broaden conversations during particularly by the regional body coordinated regional level the sessions on Shrinking Democratic (SADC) and finally, proposes possible democracy campaign targeting Space, convened by Crisis in action points by social and solidarity Zimbabwe Coalition. Therefore, this hot-spot countries as a way of movements in the region that may publication is an important step and defending and deepening assist in restoring democracy in the part of the many efforts aimed at democracy in Southern Africa, region. This publication is a collective building and strengthening agency of country positions as presented by of civic organisations working on various civil society leaders at the • Review, kick start and strengthen democratisation and liberalizing civic Crisis in Zimbabwe Regional action-oriented processes that space. It works on the development Conference on ‘Shrinking connect people's ongoing daily hypothesis that a coordinated and Democratic Space’ held in South struggles against environmental, stronger than ever civil society voice Africa on the 27th of June 2019. The social and economic injustices to will, in turn, sustain pressure on conference brought together interventions against political governments to respect and uphold representatives from social injustices. human rights as well as begin to movements, churches, labour and make solid commitments to other non-state actors drawn from • Create space for continuous democratisation. at least 9 SADC countries: dialogue with policy-makers on Mozambique, Zambia, Malawi, key issues identified.

2 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC Wither Democracy and Human Rights in SADC? (Civic Space, Dissent and Basic Rights)

was met with widespread • Coups are driven by different disapproval and ostracism from the factors such as ethnicity, region and globally, the continent factionalism, greed, inequality; went on to encounter at least 22 more coups in the decade of • Coups are about legitimizing independence with more than military structures in civilian rule. 109 know attempts to overthrow The promise to return to civilian governments1. Over the years rule is never realized. Southern Africa has recorded successful coup d’éats in Democratic • That the liberation struggle did BY VONGAI CHIKWANDA Republic of Congo (2), Lesotho (3), not usher in a functional Comoros (5), Seychelles (1) democracy but a colonial Southern Africa is at a pre- Madagascar (3) and Zimbabwe (1). mirrored governance; independence crisis (when the Unsuccessful attempts were in quest for liberation was inevitable) Zambia (1990 and 1997 and • That political democracy is the in a post-colonial era. Some countries Zimbabwe (2007). What is tragic and root cause many problems are in protracted crisis on the border obnoxious is realizing that 60 years bedeviling Southern African of failed states due to regressive since the first Southern African countries such as civil unrest and politics and self-serving leaders country attained independence that shrinking space. with no moral’s, principles or ethics. country remains in the greatest Citizens have a desire to be freed socio-political conflict this continent What does democracy look like from such stranglehold that has has ever seen. in Southern Africa become a threat to regional peace and security with far reaching What do coups tell us about The concept remains elusive and implications for the region and African democracy? unknown to most political parties beyond. and to Southern African politics. The • The military is a factor in African region’s politics is dominated by Clearly the continent has faced politics that must never be liberation front movements turned challenges from the attainment of ignored or ruled out of into political parties who have independence for most states. The determining their own kind presented themselves as ‘concerned Democratic Republic of Congo had of democracy; patriarchs2’ entitled to ruling. Each the first known coup in post country has practiced its own version independent state in Southern • A coup is never about people; of democracy with its own rules and Africa, in 1960. While the coup principles both familiar and made

1

2 Hans Sennholz, Machiavellian Politics: Politicians and Government Officials Ignore the Code of Morals That Governs Private Conduct, Foundation for Economic Education, https://fee.org/articles.machiavellian-politics/ accessed on 26 June 2019

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 3 Malawi 2019 Elections along the way. To some it has been in Zambia in August 2016 (Hakainde vs Freelimo (Mozambique), PF v likened to a demon in the form of a Hichilema v Edgar Lungu), Zimbabwe UPND (Zambia), MDC v ZANU PF tokoloshe, a supernatural creature in August 2018 (Nelson Chamisa v (Zimbabwe), ANC v DA (South wielding evil power, that no one has Emmerson Mnagagwa, DRC in Africa), MPLA v UNITA (Angola, seen but that everyone can tell you December 2018 (Martin Fayulu v Felix Chama Chama Pinduzi v Chadema about. The danger of speaking about Tshisekedi, Malawi in May 2019 (Tanzania). something you have never (Lazarus Chakwera v Peter encountered is the essence is lost Mutharika). Two questions for ‘Once in power and at the levers of in the fairy-tale of stories. consideration remain political control, Machiavellian politicians are likely to serve their Democracy that is equated to • Are we having too many elections own selfish ends. They seek success by saying what people believe, or Elections and Landslides but no legitimacy or credibility can be made to believe, rather than what is demonstrably true. They Whilst Southern Africa has guidelines • Will elections ever deliver think of the next election, rather on elections, it is heartbreaking that democracy? than of the next generation. They the region continues to struggle with look for the success of their party fair and credible elections. What has The system is winner takes all rather than that of their attempted to function in Southern and one-party dominance fellowmen…3’ Africa is ticking the components of political democracy often mistaken The nature of the regions politics is This dominant politics manifests as as successful electoral victories but built on dominance and winner weak institutions characterized by not to economic or social governance. takes system. It is also built on capture law enforcement, judiciary However, a couple of elections in protectionism of the liberation fronts and media. Civil service is more Southern Africa have been marked with little to no room for opposition political than professional, existing by serious irregularities and political parties concerns to be acted to serve the interests of ruling party questionable landslides, that have on regionally. A Machiavellian politics only. In March 2019, four police made election petitions the norm. characterized by monopoly of power officers in Zambia were retired in Legitimacy and credibility questions has been allowed to thrive. The national interest for simply carrying are the norm instead of exception following have been dominant out their duties which involved leading to post electoral challenges political parties in the region Renamo arresting the ruling party cadres.

3 Hans Sennholz, Machiavellian Politics: Politicians and Government Officials Ignore the Code of Morals That Governs Private Conduct, Foundation for Economic Education, https://fee.org/articles.machiavellian-politics/ accessed on 26 June 2019

4 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC Ironically, the increase in dominance unknown. inherent organizational, ideological of a political party corelated to the Crushing competition involves and historical inefficiencies - which rise of the political elite, who often creating a culture of fear that spreads in the context of an independence are less connected to the constituency its tentacles through silencing and liberation struggle were often and thrive on primitive accumulation alternative views, harassing strengths, but once in government of wealth. When pushed to the edge journalists and closure of alternative reinforce anti-democratic practices4’ (either through exposing corrupt voices perceived to be anti- behavior or impunity) they turn to establishment. There has been an authoritarianism and populism table observed and continued silence by Cult personality politics or exposed for deficiencies most CSOs thereby enabling the state and its supporters to dominate public Politicians are taken as leaders of a opinion on matters of the rule of law cult and the government can only Oxygen Sucking Politics and the meaning of democracy. succeed with an individual at the helm. In extreme cases they are Southern Africa has witnessed the likened to God. They are often given rise of despots, oligarchs whose Conflation of the family, the names to show how fierce, ruthless leadership rarely believes in power party and the state. or powerful they are. e.g. Michael sharing share or power transfer if it Sata was known as the King Cobra, poses a risk to them or families. It Liberation movements have never Emmerson Mnangagwa was thrives of instilling fear in the had a history of democracy. If they nicknamed the Crocodile John electorate or manipulating the did, then there would not be a Magufuli is nicknamed the Bulldozer Having borrowed a leaf of the risks blurring line between the ruling party whilst João Lourenço was nicknamed of power sharing from Zimbabwe and the Government with party the Terminator. They are proud of (2008 election), no liberation officials making statements on issues names and actions associated with movement in Southern Africa will of government policy or in some cases ruthlessness as well as the ever want to have an opposition members of a family possess more connotations of being perceived as majority in parliamentary. informal power than political ‘supreme leader’ but most of these authority. William Gumede says nicknames are known for anti- Competition, seen as a threat to ‘Many African independence and democratic behaviors. political power is not allowed. Where liberation movements often have it exists it will face authoritarianism, particularly visible in crushing dissent e.g. the August 1 killings in Zimbabwe or the January mass protest in 2019. Crushing dissent also comes in the form of isolating regions or ethnic groups e.g. in Zambia if you come from the Western region you are an enemy of state and more likely to be retired in national interest. Competition is also eliminated through abductions, political violence, arrests and harassment e.g. in Tanzania where key opposition leaders were jailed following a ban Itai Dzamara holding a plackard on political activities till 2020. In Zimbabwe, since 2015, the 4 William Gumede, The Democracy Deficit of African Liberation Movements turned whereabout of missing prodemocracy Governments, Politikon, South African Journal of Political Studies, Vol 44, No 1, activists Itai Dzamara are still pages 1-22

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 5 Criticism of the leader is often mete with threats or charges of defamation e.g. in Zambia and Zimbabwe, where ordinary citizens have been charged with defaming the president. In some cases, it is members of this political cult who come against you (party cadres). PICTURE SOURCE: GOOGLE

We tick the boxes but lack the Genuity

We are good at observing the formal rules, but our processes are marred with irregularities, lack of credibility and legitimacy. We flout our own constitutions because of our authoritarian politics. Our institutions Tendai Biti are captured by the state, weakened, silenced and coopted. him to remain in Zambia but was to suppress human rights. nonetheless handed over to the In most cases those in power show Zimbabwean authorities and sent Factors that allow democracy total disrespect for rule of law and back to Zimbabwe in violation of the and human rights to continue human rights through undermining court order. withering if: the constitution and judicial decisions and attempting to meddle with We have qualified our democracy, a) Lack is no desire to challenge impartiality and independence. Public qualified what is acceptable or status quo or resolve crisis threats have been issued against not and in most cases anything from SADC. members of the judiciary. In that threatens, and this is not Liberation movement states are November 2017 President Lungu abiding under the mantra afraid of reprimanding each other threatened judges not to follow the ‘thus far no further.’ Our and when brutality happens in Kenyan court on the issue of governments are afraid of any country the regional turns a whether he is eligible to stand in the institutionalizing democracy blind eye. When prompted for a 2021 presidential elections. As well because they will not have response they call for lifting of in Zambia there been unwilling to control of all levers. They are quick economic sanctions. adhere to court orders, undermining to implement all these forms, but the legitimacy and credibility of the their political behavior tells us b) A culture of silence is emerging judiciary which is an integral part of otherwise. Much of our democracy with the BBC calling it a ‘mute ensuring that checks and balances remains mirrored against a colonial button’5 is turned on human on excesses of those in authority. rule in type, in pattern and format rights violations by international When Tendai Biti, an opposition using the same tactics of colonial community. The ‘it’s none of our politician, sought asylum in Zambia masters or not willing to repeal the business’ approach encourages in August 2018 following the general same laws used to inhibit their mediocre democracy. elections in Zimbabwe, he was activism pre-independence. These are granted a court order that allowed the same laws that have been used

5 https://www.bbc.com/news/world-africa-47060799

6 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC c) There is a preference of stability or criminalize a breach in the the citizens also devise alternative and ‘peace’ than reforms have law. In Malawi the NGO Amendment methods of engaging. We have a entrenched authoritarian rule. Bill proposes to establish a new generation that is not willing be The world has watched as 7 regulatory authority that has power cheated, a radical generation rising, people were killed in Zimbabwe, to suspend or deregister organizations a highly organised youth, tech-savvy following delays in releasing as well imprison civil society leaders that has felt cheated by politician. results, observed an electoral for up to seven years if found in This generation has learned that dispute unfolding in Malawi, breach of law6. change need not always be looked the other way on the sponsored by mainstream politicians irregularities of DR Congo election Organizations are self-censoring, or foreign governments but must be and ignored the persecution of limiting their space to publicly express driven locally. opposition leader after Zambia’s their views on matters affecting disputed elections. citizens. Social media has become As well, liberation movements toxic for human rights activists. mortality is inevitable. At some point d) There is a desire to pursue States are investing in software to power will be handed to another economic interest in the spy on citizens with the Zambia generation but now their biggest investment battle between government recently purchasing threat is internal, factionalism led by East v West. Where the West has Pegasus, a spyware that can be failure to transform. taken a back seat, China and installed on n Android and iOS Russia have filled that space, devices7, as the country gears up for If elections are manipulated, pursuing their own agenda with 2021 elections. opposition is quashed, and citizens little regard to human rights are suppressed, then our politics is a and democracy. When political democracy to far cry from democracy and respect economic success, then the state for human rights. Is there space Civic Space, strengthens hold on institutions, but Dissent & Basic Rights

Civil society organizations are under threat like never. Civil society is at its weakest and is under infiltration. At the same time there is a high rise in right wing civil society, that speaks the language of the state and that is anti rights. This has divided CSOs. PICTURE SOURCE: GOOGLE

CSO space has also been limited because of repressive laws, threats, arrests, persecution through prosecution (misuse of the criminal justice system), abductions, climate of fear. The law continues to be abused by the party in power to oppress both the opposition and the Civil Society. NGO laws have Pegasus spyware been used to regulated civil society

6 Non-Governmental Organisations Bill, 2000

7 https://lensesview.com/is-our-zambian-government-spying-on-us-with-pegasus-spyware/

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 7 Swaziland: 51 Years Since Independence Under a 51 Year Tyrant King Neither is it also disagreeable that He introduced harsh measures of the lives of national leaders should dealing with dissenting views which as well be honoured and celebrated. included detention without trial, However, the people of Swaziland evictions and used the security forces have nothing to celebrate. They as harassment tools. In contrast his cannot at this point commemorate supporters were rewarded with posts with joy the day in which Swaziland in the government departments and gained independence and neither can enterprises. In 1978, again he they celebrate the legacy of unilaterally introduced the King Mswati III. existing system of government BY WANDILE DLUDLU known as Tinkhundla: a system Swazis’ joy of independence was cut which affirmed his absolute Introduction: Not Yet ‘Uhuru’! short in 12 April 1973 by late King power over the state and his Sobhuza II who was father to King hegemony in all sectors of The year 2019 marks 51 years since Mswati III. He unilaterally suspended society. He laid the foundation for Swaziland gained uhuru the independence constitution, royal hegemony in the culture, (independence) from the British and banned political parties and economy and politics of the country. at the same time 51 years since King conferred upon himself all All the land and publicly owned Mswati III was born. So many people powers of the three arms of businesses were put under his name. and entities, especially those with government through a decree. He weakened state institutions that business interests in the country have been flocking to the palace to give their support in celebration of the so- called milestone. However, only a few have dared to open a discourse on the meaning of this so-called milestone to the ordinary people of Swaziland. It is known that those who are still backing the king in PICTURE SOURCE: GOOGLE celebrating such activities in the name of ‘nation building’ are doing so to strategically position themselves for the pursuit of personal interests.

It is not disagreeable that the day in which the country gained its independence from the British should be celebrated as a national milestone. King Sobhuza II at Swaziland Railway Opening

8 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC played vital roles in the development regional level the country ranks uses a dual system for governance of society. These included parliament, number: 8. At the core of it all is a and legally, namely Swazi law and courts and many others responsible governing system that lay a playing Custom and Roman Dutch Law as to ensure accountability. He became ground for all principles and practices stipulated in section 252 of the accountable to nobody and simply that are against democracy, thus Constitution. put, he became the political alpha seeing the hostility towards those and omega of the country. Everything that speak truth to power in political 2018 Elections Timeline and that he wished and uttered became and socio-economic movements in Registration and Recognition of the law and the people were left the country. Political Parties without the power to determine their destiny as an independent nation. In April 2018, 50 years after The country’s National Elections took independence from British rule, King place in September 2018. The The fall of British colonialism became Mswati III changed the country’s legitimacy and credibility of the meaningless as Swaziland name from Swaziland to the Kingdom elections was significantly hampered transitioned from ‘white oppression of Eswatini, its pre-colonial original by the design of the constitutional to black oppression’. Currently, name. Section 4 of the Constitution powers and electoral mechanisms. despite 51 years of ‘independence’ of Eswatini of 2005 stipulates, King the people cannot elect the head of and Ingwenyama 4. (1) Without The African Union Election government of their choice and the prejudice to the provisions of section Observation Missions(AUEOM) in power to do so is reserved for the 228, King and iNgwenyama of presenting a summary of its key King. Further worrying is the fact that Swaziland is an hereditary Head of observations and findings of the the person to be appointed, must be State and shall have such official electoral process, noted also that the a male and sharing the same surname name as shall be designated on the elections were held in a fair peaceful with the King: a Dlamini. Poverty occasion of his accession to the environment and presented the levels have been hovering at high Throne. (2) The King and iNgwenyama following recommendations while levels in the last five years, with is a symbol of unity and the eternity awaiting the full report to be released 39.7% of the population estimated of the Swazi nation. (3) The King and in 3 months’ time: 1) Encourages the to have been living under the iNgwenyama is the(a) Commander- Government of Eswatini to consider international US$ 1.90 poverty line in-Chief of the Defence Force; reviewing the 1973 decree and allow in 2017. A total of 60.3% of the (b)Commissioner-in-Chief of the Police for the formation, registration and population is poor overall and Service; and (c) Commissioner-in- participation of political parties in children, the elderly, the unemployed Chief of the Correctional Services. (4) elections in accordance with the as well as female-headed and single- The King and iNgwenyama has such provisions of the 2005 Constitution, headed households are the most rights, prerogatives and obligations and in compliance with the country’s affected according to the as are conferred on him by this international commitment. The World Bank1. Constitution or any other law, AUEOM conclusion acknowledged including Swazi law and custom, and that the prevailing constitutional and The number of protests that took shall exercise those rights, political environment, proscribes place just in the period of 2018 and prerogatives and obligations in terms political parties from participating in 2019 are testament to the bleak and in the spirit of this Constitution. the electoral process, the elections picture being reflected by the reports were peaceful and well managed by above. Indicators of economic This solidifies the legal fact that the EBC2”. freedom for Swaziland mentions that Swaziland is an absolute monarchy. we rank 61, 1 out of 100, at World This section also spells out or It is significant to note that elections Rank we are at number: 88 and at introduces the fact that the country in Swaziland took glaringly fell short

1 https://www.worldbank.org/en/country/eswatini/overview

2 https://au.int/sites/default/files/pressreleases/34893-prpreliminary statement_of_the_aueom_to_the_kingdom_eswatini.pdf.

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 9 of the SADC Mauritius 2009 guidelines on democracy and elections which spells out at least ten (10) conditions that member countries are at least expected to uphold in conducting elections. Swaziland only managed to uphold only one (1) of these 10 conditions, thus falling short PICTURE SOURCE: GOOGLE on the other nine (9). This raises serious substantive questions on the state of democracy in Swaziland.

There is no evidence of changes in the promotion of a culture of pluralism in the political space, as the country remains hostile to registration Parliament of Swaziland of political parties. The 2005 Constitution introduced some sort of Protocol, which has also not been Freedom of Expression and the changes, yet continues to ensure that adhered to. It has also to be noted Media the King maintains far more power that seven (7) out of the ten (10) than the electorate, making it very members appointed by the King in Freedom of expression is vital for the difficult for the electorate to hold the 2018 elections are his siblings. promotion of human rights, good parliament accountable. The King Even though political parties are not governance and democracy. It is also personally appoints the Prime allowed to contest elections, political vital in promotion of the work of Minister, the cabinet and two-thirds organisations have tried to challenge human rights defenders. For that of members of the Senate. The the government to allow at least reason, the media is one of the Constitution provides for the right to individual candidates to express their institutions state institutions have freedom of association. However, affiliation to political parties during always regarded with suspicion and section 25 of the Constitution has the election campaigning period in sought to actively control through a been interpreted to exclude political order to promote steps towards mix of intimidation, harassment and parties from the electoral process, political plurality. On 20 July 2018, in some instances, jail. although individual members of the High Court of Eswatini dismissed political parties are able to contest an application brought by SWADEPA Broadcasting has been a Government the elections in their personal for an interim order allowing monopoly thus leading to restricted capacities. individual candidates to express their access for civil society organisations affiliation to political parties during (CSOs) and at the same time it is Lack of political opposition in the election campaign period. The forbidden for Members of Parliament. parliament means that there are case Shabangu and Others v Elections The state owns one of the two limited checks on the powers of the and Boundaries Commission and national newspapers and in 2014 executive. Lack of opposition also Others (805/2018) [2018] SZHC 169 arranged to transfer the editor of the heightens possibilities that key (31 July 2018) was dismissed by the supposedly independent Times of legislative decisions, including High Court on technical grounds. The Swaziland to the state-owned Swazi decisions relating to the need to decision was appealed to the Observer so the King's press officer improve human rights, are taken with Supreme Court, where it was once could extend his office and also hold little debate. Swaziland is signatory again dismissed in August 2018. This a dual role as editor of the Times of the African Charter on Democracy, creates an environment where citizens group. In this way, the newspapers Elections and Governance, despite cannot enjoy their rights and like broadcasting entities become not having ratified it yet. It is also a freedoms in full. silent on critical issues and toe the signatory to the SADC Elections government line. It also means the

10 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC majority of journalists are state 2 employees and are by default . Crown Land. The land that 3. There are impending evictions in voluntarily self-censored. belongs to the government and areas such as Vuvulane, or King. Mbondzela and Sigombeni that Where is the Land (Ungaphi have been reported and which Umhlaba): Forced Evictions 51 3. Swazi Nation Land. Held in trust civil society fears will be carried Years After Independence? and managed by the chiefs and out forcefully and without who grants Swazis through the alternative accommodation or This is where the trouble starts and kukhonta system land in compensation. forced evictions continue to a be a exchange for paying out a cow challenge to the powerless or a sum of E5000.00. 4. The Vuvulane Sugar Farmers (underprivileged and marginalised) whose farms were illegally and section of citizens despite 51 years Here you are given the right to use forcefully grabbed by the king of independence. The law gives too the land for consumption and building and queen mother remains a sore much unfettered power to the a family structure. The Chief holds thumb in the face of the nation monarch on land matters as shown the right to evict you in this land and the world at large. below: under the uncodified Swazi law and custom. This brief background on land The Public Order Act 2018 and Section 211 (1) From the date tenure is important to note because TimeLine of Human Rights of commencement of this at the centre of forced evictions in Defenders Attack: 2017- 2018. Constitution, all land (including Swaziland is the contentious issue of any existing concessions) in who owns land in the country3. The Public Order Act No. 12 of 2017 Swaziland save privately held replaced the Public Order Act No. 17 titled-deed land, shall continue Forceful evictions of citizens by the of 1963 and has been commended to vest in Ingwenyama in Trust state and big business continue to as a positive step towards ensuring for Swazi Nation as it vested on be carried out in the country. People the rights to freedom of expression, the 12th April, 1973, and (3) “a are evicted and their homes association and assembly. It appears Person shall not be deprived of demolished in the absence of however, that the Act is being any land without due process of adequate notice, genuine consultation implemented with cumbersome law and where a person is and adequate compensation, through requirements to obtain permission deprived, that person shall be an abuse of the court process and before holding a meeting/activity. It entitled to prompt and adequate manipulation of non-documentation places restrictions with regards to compensation for any improvement on that land loss of land ownership rights due to the obtaining authorisation to march in consequent upon that conflicts in the land tenure system of central routes and to access public deprivation unless otherwise the land held in trust for the nation, buildings, i.e. to deliver petitions, provided by law” by the King. especially for specific groups that are perceived as more confrontational This means citizens continue to be 1. In April 2018, people were evicted (e.g. trade unions, political dispossessed and deprived of their from Emphetseni area associations). The power of the police land rights. Land title in Swaziland is in Malkerns; to intervene in a gathering in cases identified and acquired in in three of danger to public order or safety, ways recognised by law, both western 2. Between September and October can lead to abuse if not clearly minister, and Swazi law and custom: 2014, people were evicted from regulated. The police sometimes Nokwane area to pave way for create measures in addition to the 1. Title deed land. Willing buyer will the Royal Science and provisions in the Act, which limit the seller of plots or farms in title. Technology Park; freedom of assembly, such as

3 https://www.observer.org.sz/features/79819-land-a-right-or-a-priviledge.html

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 11 requesting to change at the last • On 8 September 2017, police did Day on account of his political minute, the authorised routes, not allow the Swaziland United opinions. On the same day, he requesting names of marshals before Democratic Front (SUDF) to was also banned from being allowing a march to continue as assemble in a private property interviewed on a radio planned, and unexpectedly visiting that was hired for the purpose5. programme sponsored by leaders at home during the UNESCO, “Letisematseni”. evening/night. When the Public Order • On 24 October 2017, police Act was used to prohibit protests arrested and detained 9 students • On 11 May 2018, SUDF and other planned by TUCOSWA for September of the Swazi Christian University activists prevented from crossing 2018, it urgently approached the after they participated in a protest the border to South Africa to join court. The case (Trade Union Congress demanding scholarships and a march demanding the release of Swaziland v National service delivery for students6. of political prisoner9. Commissioner of Police, High Court Civil Case No. 1572/2018) was due • In December 2017, the • On 29 June 2018, a march by to be heard as an urgent application, government closed the TUCOSWA members challenging but the time allocated to hear the Independent Swaziland Shopping increases in taxes and basic case defeated the urgency4 and Newspaper for not following utilities, and forced evictions, was became the proverbial case of justice requirements of the Books and diverted and stopped by police. delayed, justice denied. An application Newspapers Act, shortly after Protesters were sprayed with seeking to review the National having published an article on water cannons when they tried Commissioner of Police’s decision to corruption and also in relation to to march to the DPM’s Office, and prohibit the protest was set to be photos they had taken during four protesters were heard in November 2018 almost two the protest7. seriously injured10. months late. This shows the collusion of state institutions, the police and • On 7 February 2018, correctional • On 24 August 2018, the courts, to defeat the people’s bid to services officers confronted and Swaziland National Association exercise the rights to assembly and tried to grab the camera of a of Teachers (SNAT) held a mass peaceful protest. journalist after he took a photo meeting at the SNAT Centre to of their convoy8. discuss the zero-increment in Below, this paper gives only an salaries offered by the State. indicative summary, not an exhaustive • On 12 February 2018, the According to a petition delivered list, of reported limits to the rights journalist Ambrose Zwane, to the US Embassy by SNAT and to assembly, association and freedom Coordinator of the Swaziland as reported in newspaper, “all of of expression of human rights Multimedia Community Network, a sudden the Police opened fire defenders in Eswatini following the was denied participation on a TV on unarmed teachers wherein July 2017 review: show focussing on World Radio one of them (Willy Dlamini) was

4 https://allafrica.com/stories/201809210158.html

5 https://allafrica.com/stories/201709120881.html

6 https://allafrica.com/stories/201802130208.html; https://www.facebook.com/permalink.php?story_fbid=1329328007193606&id=599906160135798&__tn__=K-R

7 https://swazimedia.blogspot.com/2017/12/swazi-govt-forces-newspaper-to-close.html; https://swazimedia.blogspot.com/2018/01/editor-flees-after-death-threat.html; https://www.pressreader.com/swaziland/swaziobserver/20180111/281500751649292

8 https://www.pressreader.com/swaziland/swazi-observer/20180207/281509341637546.

9 https://www.pressreader.com/swaziland/observeronsaturday/20180512/281509341827236. . 10 https://new.observer.org.sz/details.php?id=5696

12 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC wounded”. Another teacher, embarked on a planned strike is deferred to November 23, to Maxwell Myeni, reportedly scheduled from 18 to 20 give the new government a approached and attempted to September 2018 in four towns chance to deal with the demands stop the police who were aiming on the country, namely Mbabane, of SNAT. Should it become guns with live rounds at teachers. Manzini, Siteki and Nhlangano. necessary for SNAT to commence He was arrested the following The marchers had confrontations a strike action, we shall give the day for “attacking the police with the police in Manzini and new government new dates after officer holding a gun with live were violently attacked, with 6 November 23”17. rounds”11. seriously injured15. Conclusion: The Struggle • On 28 August 2018, a second • On 19 September 2018, the Continues! teacher was arrested for failing National Police Commissioner to comply with police orders. He decided to stop the marches on The points above in essence don’t was coming from the magistrate’s the basis of the Public Order Act only mean a shrinking space but court in Manzini after the bail of 2017. actually a non-existent political space hearing of Maxwell for Swazis. Since 1973 Swazis have Musa Myeni12. • On 21 September 2018, on the lived under a post-colonial legal and evening of national elections, at political framework which is not only • On 29 August 2018, nurses Sigwe Inkundla under the Manzini politically hostile to divergent views peacefully marching under the Region, the Royal Police and actions but in fact prescriptive banner of Swaziland Democratic responded with force against to how you must think, act and group Nurses Union (SWADNU) to community members who were yourselves as people in the deliver a petition were blocked protesting about the electoral community. Dear comrades our by police and tasered13. process16. country maybe not overtly violent but it is deeply oppressive and • On 30 August 2018, a Times of • On 23 September 2018, the occasionally ruthless through a Swaziland Journalist was Attorney General’s Office took snowball sampling fashion. The assaulted for taking pictures of the Swaziland National Union of struggle continues! the Eswatini royal police force Teachers to the Industrial court confronting with protestors. He to interdict a strike that was was forced to delete the scheduled from 25 to 27 photos14. September 2018. The judgment read from the Industrial Court • Workers from different unions Judge reported: “The strike under the banner of TUCOSWA proposed by SNAT, though lawful,

11 https://www.pressreader.com/swaziland/swazi-observer/20180830/281767040092131.

12 https://www.pressreader.com/swaziland/swazi-observer/20180830/281805694797795.

13 https://theworldnews.net/sz-news/cops-electro-shock-marching-nurses.

14 https://zimbabwe.misa.org/2018/09/05/misa-zimbabweregional-solidarity-statement-third-eswatini-journalist-assaulted-this- year/ z; https://www.pressreader.com/swaziland/swazi-observer/20180911/281792809920787; http://www.panos.org.zm/index.php/2018/09/06/panos-condemns-attack-on-journalist-in-eswatini/

15 http://www.times.co.sz/news/120211-5-injured-as-protesters-police clash.html; https://www.ituc-csi.org/eswatini-policebrutally-attack

16 https://allafrica.com/stories/201809220089.html.

17 http://new.observer.org.sz/details.php?id=6795

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 13 Snap Shot on Civic Space and Operational Environment for Civil Society in Tanzania (A Three Year Summary) uncontrolled export of mineral The civil society organisations (CSOs) extracts. Several influential having stepped up the fights for businessmen were indicted on human rights especially around the charges of money laundering, freedoms of expression and corruption, and tax evasion. association government has enacted various laws to prevent CSOs from Using restrictive laws, executive reaching to the citizens. The most proclamation and police force the restrictive ones are the Media Services government and managed to weaken Act, 2016, Cyber Crimes Act, 2016, political parties’ ability to mobilise Statistics Act, 2015, the Police Force BY ZAA TWALNEGETI and therefore civil society remained Auxiliary Services Act, 1969, the Tanzania Association of NGOs for the only way that citizens could Online Content Regulations, 2018. Zimbabwe Crisis Coalition Regional mobilise and collectively engage in These have adversely affected the Meeting June 17th, 2019 the development and democratization rights of people to freely express 1.0 Background processes. Actually, government has themselves through mainstream banned political activity until 2020 media and online platforms. The fourth phase government in which is the election year. Tanzania has made impressive strides in the fight against corruption and public financial prudence. Tanzania’s economy continued to be the fastest growing in the East African Community in 2017, although the growth rate slowed to 6.8 percent from 7.3 percent in 2016. Although government statistics indicated PICTURE SOURCE: GOOGLE healthy macro-economic trends, economic uncertainty increased as businesses shut down, banks failed, monetary and credit policies tightened, and the government engaged in unplanned taxation and public spending. The government continued to combat corruption at all levels, including by banning the Dar es Salaam, Tanzania’s largest city

14 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC As I speak two weeks ago regulatory role which is an inherent responsive governance government published an amendment role of NaCoNGO? Without engaging monitoring. which even worsened the already a fairly representative size of CSO stringent CSO operational actors in a comprehensive review of 3. Journalists also go through a environment and the Bill is being the non-for-profit and non- stringent process in order to get table either today or tomorrow. governmental organization’s laws in their annual press card. Termed the “Special Bill Supplement Tanzania the TANGO member is left NO. 21 Vol. 100 dated 30th May, to think that the aim of government 4. The regulation for operating a 2019 The Written Laws is to simply write unreasonably web-site online portal or blog (MISCELLANEOUS AMENDMENTS) stringent measures that will hamper have also become very stringent (NO.3) ACT, 2019”, it will make the growth of the nonprofit sector. such that whoever is running even amends to almost all the five laws Therefore, the suggestion made herein WhatsApp group have to be which governs the operation of CSOs are aimed at ensuring that the registered by the in Tanzania. And have given excessive amendments to the NGO/CSO/NPO Telecommunication Regulatory power to regulators and registrars of regulatory framework is appropriate Authorities and that the onus of CSOs and the Minister and in all case to the legal and socio-economy ensuring content on the online the amendment does not define the contexts of Tanzania and is based on platform is on the person offense or criteria of de-registration the principles and values of a registered by the authorities. This of a CSO but has made it the constitutional democracy and an open has been enforced through Online prerogative of the Minister. and free society. TANGO is of the Content Regulations under the view that where-as the current Electronic and Postal The amendment is pushing a greater constitution meets some of these Communications Act, published number of non-governmental, non- objectives, there should be a clear by the Ministry of Information, profit organizations, private benefit legal framework for guiding the Culture, Arts, and Sports in 2017. organizations, or voluntary service conduct and operations of Thus, further restricting freedom organizations to register under the NGOs/CSOs/NPOs. of expression. The regulations, NGO Act No. 24 of 2002 as was order blogs and online forums to amended in 2005 which makes it is 2.0 Actual situation is that: register, instruct Internet cafes to easy to de-register organisations. install surveillance cameras, 1. CSOs are under pressure and this prohibit the posting of material Other questions asked by Tanzanian has seen collective citizens’ online that could be deemed Associations of Non-governmental efforts, especially when they have “offensive” or “morally Organisations (TANGO) members are a political touch being responded improper,” and subject fines and as to what is driving the government to with an iron feast. There has jail time for violators. to submit the amendments by arisen some suspicion from the certificate of urgency? Why the government towards CSOs and 5. There is no legislation let alone amendments have come at such a therefore they have been actively a policy to recognize Human time just before the local government countered through the banning Rights Defenders in Tanzania. elections? Why the government has of political activities until 2020. not done anything on the 6. Media freedom has also declined recommendations made by the NGOs 2. In Tanzania today, it is hard to markedly during the year. For on the NGO Policy last year and collect alternative evidence to instance, Section 16 of the Cyber instead are issuing the new that of the Bureau of Statistics Crimes Act was cited repeatedly amendments? What becomes of (The official statistics agency). to charge individuals whose NaCoNGO after the amendments This was meant to stop CSOs from online comments were taken to come into effect owing to the fact evidence and data driven be seditious. The Media Services that the amendments give too much advocacy; thus, impacting Act was used to suspend, or close power to the Minister and Registrar programmes on social down publications considered to of NGOs thereby diminishing the self- accountability and citizen have violated the law, including

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 15 the daily newspaper Tanzania 29 incidents of violation of community who experienced Daima and the weeklies: Mawio defender’s rights which were in losses, injuries, deaths, social and Raia Mwema. Several terms of arrests, malicious unrest and famine were harassed instances of unexplained prosecutions, abductions, attacks and others had their passports disappearances and physical and criminalization of honest confiscated under the claim that harassment and the arrests of journalistic practices. However, they were not Tanzanians. A total journalists and other critics of the all the 6 human rights defenders of four leaders were remanded government caused who were taken to court had their for 3 month and three have since widespread fear. cases withdrawn by the been released and one is still in prosecution side for failure to remand prison awaiting the fate 7. Online Content Regulations have prove them beyond reasonable of his application for bail. been used to arrest and prosecute doubt. 11 journalists in 2018. In 16. Following the government’s addition, one journalist Mr. Azory 13. There is escalating orders by withdrawal from the Open Gwanda has been missing for district and regional Government Partnership, close to one year now. commissioners to arrest human advocacy and lobbying by rights defenders and other Tanzanian CSOs has not been 8. As you can see the restriction in ordinary citizens noting that very impressive as the space for Tanzania are mostly limitations between 2017 and 2018, 39 lobbying and advocacy work by on creation and registration; on defender were arrested. This CSOs has been closing. functioning and permissible situation is exacerbated by the activities. Special mention should fact that lawyers are now also 17. There has been silencing of media be made regarding the target of these arrests -noting outlets with the imposition of permissible activities because that 5 advocates were arrested broadcast restrictions or penalties. both and government and the in 2018 by orders from district This has instilled a country-wide larger civic population have out- and regional commissioners. climate of fear that is inhibiting lawed LGBT activities as not being advocacy work in a particularly culturally and socially acceptable. 14. There is also an alarming serious disturbing way. attack on the freedom of 9. In Tanzania it is not lawful to talk expression which has been done 18. The government authorities cited about the issues of girls who get by the use of draconian laws to the Cyber Crimes Act of 2015 to pregnant and want to go back to restrict freedom to access and force Jamii Forums, Tanzania’s school. disseminate information. This is most popular social media site, exemplified by the use in 2017 to expose its sources and disclose 10. Arrests have been made of human of the Media Services Act to ban the identities of persons using rights defenders who were 4 newspapers and fining of two pseudonyms on its online launching a manual on human TV stations. The Cyber Crime Act platform. All in all, CSO advocacy rights aimed to higher institutions of 2015 was also used to in Tanzania has been gradually of learning. victimize 9 HRDs in 2017 and declining over several years, and 2018. In addition, the Statistics this trend has continued 11. The use of the arts for advocacy Act, has violated the rights of 3 into 2017. purposes was frustrated by the defenders and as we speak the abduction of several politically passport of one human rights 19. Other signs of the now drastically critical artists and a ban on some defender is still being retained by shrinking civic space is the political songs. Immigration officials since intimidation of defenders in 2017 last year. of human rights defenders who 12. There has also been a crackdown were advocating for girls’s right on defenders of human rights 15. Those who were at the fore front to go back to school after being organizations: 2018 documented defending the members of the pregnant and that one NGO

16 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC which was advocating for minority the opposition have pending • Call upon the Government to end health rights was suspended. cases and 2 of them are still in all forms of impunity for violations remand jail pending against innocent people, 20. DC also reported that the state determination of their journalists, and human rights has put in place other restrictive applications for bail). defenders by ensuring that measure that in its opinion will investigations are promptly and worsen the shrinkage of the civic impartially conducted, space and these include CSOs 3.0 Challenging legislation perpetrators are held accountable, being required to get prior and victims obtain appropriate permission to work with local remedies; government and the disclosure • The Newspapers Act 1976 of financial and contractual • The National Security Act 1970 • Urge the Government to review documents as well as sources of and amend all draconian laws, in • Civil Service Act 1989 funding which have been particular the Media Services Act legalized by the new NGOs Act • Public Leadership Code of of 2016, Cyber Crimes Act of (Amendment) Regulations, 2018. 2016, Statistics Act of 2015, the Ethics 1995 NGO Regulations 2018: Police Force Auxiliary Services Act Government suddenly gazetted • The Cybercrimes Act, 2015 of 1969, the Online Content regulation GN No. 609 of 19th • The Statistics Act, 2015 Regulations of 2018 that affect October 2018 require government the rights of people to freely

prior authorization of the NGOs express themselves through before undertaking any activities. mainstream media and online 4.0 CSO’s call on the platforms and ensure Government; 21. The usage of such laws have seen stakeholders are effectively a serious suppression of internal consulted in the reform process; • Urge the government of Tanzania CSOs meetings and unwarranted to ensure the protection of human arrests of NGOs leaders and this • Call upon the government to rights defenders, notably by can be exemplified by the fact acknowledge CSOs and HRDs as observing the Declaration on that in 2017 alone 5 human co-partners in development Human Rights Defenders, African rights defenders were arrested Charter on Human and Peoples’ while conducting internal • Urge the government of Tanzania Rights and other human rights meetings and some journalists to speed up prosecution of HRDs treaties to which Tanzania is and oppositions leaders from Civil cases currently pending in court. signatory to; United Front (CUF) were severely beaten by unknown assailants • Urge the government to abide • Urge the government of Tanzania while having an internal meeting. international laws and to enact laws which recognize This is also worsened by the fact conventions civic and and protect human that Political party meetings have human rights rights defenders; been banned until 2020 - the general election year. Also, a • Urge the government to revert to • Call upon the government of larger number of opposition the Open Governance and sign Tanzania to take deliberate action leaders have cases pending up to the African Charter on to stop incidents of harassments, before the court because of African Charter on Democracy, arrests, attacks and malicious engaging in political activities elections and Governance. prosecutions of HRDs which may which are deemed illegal by the be perpetrated by individuals or ban while in the actual sense they its agents; are legal and lawful by the Constitution (16 top leaders of

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 17 5.0 Action needed to be Partnership, an international initiative the Promotion and Protection of undertaken by CSOs that seeks to make governments more Civic Space (March 2014), open, accountable, and responsive www.article19.org (accessed 3 • Awareness creation and mass to their citizens, with the explanation January 2018). mobilization that the country already participated in the African Peer Review 5. Freedom House, Freedom in the • Litigation and engagement Mechanism, a self-monitoring World 2016. Anxious Dictators, with legislature instrument that fosters political Waivering Democracies: Global stability and economic growth. • Advocacy in the two REC- Generalized fear spread among critics Freedom under Pressure (2016), SADC/East African Community of the government following several www.freedomhouse.org (EAC) and at continental level reported cases of kidnapping and (accessed 3 January 2018), 1. disappearance of journalists, artists, • Strengthening of reporting and other individuals, as well an 6. UN Special Rapporteur on modalities on social media and alleged attempt to assassinate a key Freedom of Peaceful Assembly at community level member of the opposition. There is and of Association, 2016 The Year also growing self-censorship by in Assembly and Association • Dialogue and liaison with CSO media outlets. Rights (2016), 2 and 9 regulatory authorities respectively, (accessed 3 January and Ministries 2018). BIBILIOGRAGHY • Resource mobilization and 7. Katja Drinhausen and Günter fundraising for CSO engagement 1. This article is part of a wider Schucher, ‘Zivilgesellschaft unter in the joint dialogue framework research project on civic space Druck: Globaler Widerstand gegen among CSOs, Government and under pressure and reverse Demokratie wächst’, German Development Partners. transitions. It was partly written Institute of Global and Area during a visiting professorship at Studies Focus no. 3 (2015): 1-7, the Raoul Wallenberg Institutein 6.0 Conclusion: www.giga-hamburg.de (accessed Lund, Sweden. 3 January 2018). The political atmosphere in Tanzania 2. Report of the Special Rapporteur for the last three years has continued 8. Jonas Wolff and Annika Elena on the Rights to Freedom of to be tainted by the government’s Poppe, ‘From Closing Spaces to Peaceful Assembly and of authoritarian tendencies, a growing Contested Spaces. Re-assessing police presence, and diminished Association, Maina Kiai, 24 April Current Conflicts over respect for civil and political rights. 2013, UN Doc. A/HRC/23/39, International Civil Society Freedom of assembly became more paras 27 and 33 respectively. restricted as the government banned Support’, Peace Research InstituteFrankfurt Report no. 137 some public meetings and 3. European Court of Human Rights (2015), 7, demonstrations and the police used (ECtHR), Lashmankin and Others brutal force to counter nonviolent www.hsfk.de/publikationen/prif- v. Russia, 7 February 2017 (Appl. protests. Special parliamentary and reports/ (accessed 3 January Nos 57818/09 and others). local elections to fill vacant positions 2018). were stained by reports of 4. Article 19, Civicus, European irregularities and violence, which the 9. See, for examples, the sources Centre for Non-Profit Law, and government discredited or attempted used in this article. International Centre for Non- to refute. The government withdrew Tanzania from the Open Government Profit Law, Joint Statement on

18 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC Malawi Governance Report on the Current Shrinking Democratic Space in Southern Africa

the realization of its vision through building from the previous 63rd a number of Programmes carried out ordinary sessions submission of the through five core activities namely: African Commission during the period Public Awareness and of September, 2018 to June 2019. Community Empowerment; Civic The report summarises the current and Human Rights Education; Shrinking Democratic and Human Training and Research; Advocacy; Rights space in Malawi in line with Litigation; Capacity Building and compliance mechanisms the state has Networking. Through these core committed to put in place as per the BY MADALITSO MWENDA Programmes CHRR implement its requirement of the African Charter Programmes using the following core on Human and people’s Rights. The Background strategies: Public Awareness Malawi government has steadily through debates, theatre and attempted to pass a number of laws The Centre for Human Rights and development, information which are earmarked as relevant to Rehabilitation (CHRR) is one of the material distribution and radio the promotion of Human Rights. As leading human rights and governance Programmes, Training on human regards to its commitment, the institution in Malawi. Established in rights and democracy for special government passed the Anti- 1995 as a non-profitable, a - political groups, human rights Corruption Act, Child and Disability non-governmental organization, the documentation, monitoring and Law, the Gender Equality Act, CHRR aims to promote a vibrant reporting and research. Marriage, Divorce and Family Malawian culture, which embraces Relations Act just to mention a few. the values of Human Rights, Introduction These set a good platform for Democracy and the Rule of Law. compliance to the international The CHRR mission is to The report is submitted on behalf of instruments including the African contribute towards the the Centre for Human Rights and Commission. protection, promotion and Rehabilitation and Human Rights consolidation of good Defenders Coalition (HRDC), board governance by empowering member of the Southern Africa Current Situation in Malawi rural and urban communities in Human Rights Defenders Network Malawi, through increased (SAHRDN) and the country’s focal a. Shrinking Political civic awareness to exercise their point for the global Civil Society space: the democratic space for civil rights through research, civic Coalition for International Criminal society is under attack. If left education, advocacy and Justice and the Civil Society Coalition unchallenged, this will impede the networking in order to realize for Effective African Court on Human gains made by non-state actors since human development. and Peoples’ Rights related to the the emergence of Malawi’s nascent work of the African Commission. This democracy in 1994. In 2018, CHRR seeks to contribute towards report covers the inter-session analysis legislation intended to limit rights to

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 19 freedom of association, assembly and expression emerged. Additionally, access to information for civil society organizations to strengthen accountability mechanisms has diminished. Actors in development co-operation, human rights defenders and staff working within civil society PICTURE SOURCE: GOOGLE are currently subjected to acts of violence and intimidation. The government’s attempts to push for the NGO bill is clear evidence of its intentions to control the operational space of civil society. Such tactics by the government are directly aimed at thwarting CSOs deemed critical of government.

Human Rights Defenders continue to face various forms of intimidation and propaganda. Recently the Centre for Human Rights and Rehabilitation was petrol bombed in September Timothy Mtambo 2019 by unknown assailants suspected to be Cadets, the Defenders Coalition in collaboration broader advocacy and lobbying paramilitary wing of the ruling with other Governance CSOs continue strategy. Democratic Progressive Party (DPP). to advocate against the NGO Since the incident, investigations by Amendment Bill, because of its b. Political violence: continues to the Malawi Police Service (MPS) have nefarious intentions. As a strategy, escalate in the outskirts of Malawi. yielded nothing. Human Rights they continue to engage parliament Much as we attribute to the fact that Defenders in Malawi continue to be and other key stakeholders. To add curbing political violence is the subjected to threats through further value to this process, there is responsibility of everyone, it is still unanimous phone calls from a proposal to introduce a Human disturbing that government, which is suspected party supporters. Human Rights Defenders law to serve as a the number one duty bearer, Rights Defenders such as Timothy mechanism for protecting them from continues to express negligence in Mtambo, Billy Mayaya, Charles all forms of threats. Furthermore, addressing the political violence. Kajoloweka and Gift Trapence who HRDC has trained its members in Malawi is undergoing through are vocal critiques have been arrested safety and security as part of its skills electoral crisis following the and dragged to court in an attempt development initiatives. It has also controversial tripartite elections which to restrain them from commenting written a position paper to state its were characterised with tension. on governance and corruption issues. opposition to the adulterated NGO Political opponents deemed critical Propaganda hate speech and Amendment bill. In it, HRDC proposes of the government continue to be intimidation continues to dog the that the bill be scrutinised further by targeted through intimidatory political everyday lives of HRDs. an independent committee. arrests. Women continue to be furthermore, the strategy also includes attacked in public. Recently, a few Action Taken: Human Rights seeking legal recourse as part of a weeks to the elections a woman was

20 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC undressed in public simply for putting Malawi continues to face an perpetrators. The state of persons a party regalia of the opposition. increasing record of attacks of persons with albinism in Malawi has reached Human Rights Defenders and with albinism. Currently 24 persons levels where the government itself opposition leaders are subjected to with albinism have been killed and seems to have no clue. Recently APAM Politics of castigation, hate speech, out 145 cases, only 45 cases have held a Vigil on 6th and 7th March threats and propaganda by the state- successfully been completed 2019 aimed at forcing government owned state broadcaster Malawi investigations and 47 cases are still to address their concerns following Broad Casting Corporation (MBC) being investigated while 21 are in government negligence. Recently and other state companies which courts. Government has failed to government bought security alarms now have turned to be ruling party move beyond the rhetorical promises. for persons with albinism to ease the mouth piece. Freedom of assembly Malawi has a very progressive security burden however the alarms and association continue to be under strategy on how to protect persons were rejected following what was spotlight threat with high level with albinism but remains non- deemed personalisation of the alarms limitations. Just recently the operational. The African Charter under donation as they carried the government attempted to block article 4 guarantees the right to life presidents name. demonstrations scheduled for 21st and so is the Universal Declaration September 2018 and on 20th June on Human Rights under article 3, and Action Taken: Government effort 2019 respectively through its the Constitution of Malawi under to institute National Action plan has deliberate staged victory parades. section 16 but realistically Malawi been a commendable step. In June Authorizing institutions have become has not made convincing progress in 2018, Malawi government instituted partisan in politics to limit the civic safeguarding the life of persons with the Nation Action Plan strategy to space. Such limitations have not only albinism. It is sad that as I speak address the challenges being faced undermined the work of Human today, the legally recognized body by persons with albinism. The supply Rights Defenders but also violated representing persons with albinism of liquid oil for their skin protection the legal obligation of the constitution (APAM) in Malawi has been has also improved the health of which provides for the right to compromised following the formation persons with albinism. Litigation has association and assembly under of a splinter albinism group which is also provided room to demand justice chapter 4. suspected to be sponsored by and the international community government to foil the progressive including Southern African Litigation Action Taken: Prior to elections, struggle by persons with albinism in Center(SALC)has rendered support Political parties signed political Malawi. It is worth noting that Malawi through legal opinions. There has accords endorsing themselves to has adopted a very good progressive been construction of descent houses refrain from political violence. Human strategy (National Action Plan) to as well as security provisions for Rights Defenders have also tediously protect persons with albinism but persons with albinism. HRDC has carried extensive advocacy work in efforts to implement the plan has since put extensive pressure on the condemning any acts of violence. failed to materialise beyond its government to force it to implement Civic Education has been also the rhetorical promises as it remains the National Action Plan. In as much order of the day where human rights none operational. as we uphold the effort placed by defenders have extensively Advocated government to implement the for the need to make statutory More worrying is the state alleged strategy, there is a lot of more institutions independent. Litigation key role in silencing key suspects who interventions that government could has been another step which Human hold evidence to the killings and take. However, the reports and viral Rights Defenders heavily used. abductions of persons with albinism audio clips that allegedly implicated through staged death and killings. key government officials as having a Attacks on persons with Such a step is more worrying as it role in abduction is worrisome and Albinism. destroys evidence that would have disturbing. We commend the courts led to the arrest and trial of for their efforts to prosecute some

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 21 cases related to abductions. Human decent future resource. Despite many litigation. Lawyers who also happen Rights Defenders have joined the calls to the government to address to be sympathisers of the public on movement through advocacy to lobby the worsening corruption, the country the worsening corruption are pulling for the Rights of persons with still carries the backward yard stick. out to represent concerned parties albinism. However, politicisation of The passing of the Anti -Corruption for fear of costs. The accountable the issue remains a challenge. Practices Act has offered hope to fight institutions such as the Anti- Institution of a commission of inquiry the persisting corruption at hand. Corruption Bureau (ACB) continue to to probe the killings by the president Anti- corruption movements deemed be abused by the political leaders is still commendable, however its vibrant in taking government to task which in the long run keep schedule remains political. have become target of intimidation. undermining its independence. The The courts have become enemies of Centre for Human Rights and the strong willed and passionate civil Rehabilitation, together with other c. Deterrence on the Fight society and citizens determined to governance CSOs are in the process against Serious and Organized address the vice with deliberate court of pushing for an appeal to the Corruption. rulings in favor of the ruling officials African Court over the ridiculous court politically connected. For the recent judgments in Malawi which have put Malawi continues to shamelessly past 10 months Malawi has been public interest litigation at stake of experience serious and organised awakened to shocking corruption risk. As I speak today, the Supreme corruption. Corruption has reached news heavily implicating some key Court of Appeal in Malawi just undeniable levels where millions of government officials. The courts have presided the most repressive ruling people are being robbed of their become a threat to Public interest in the famous maize gate scandal which implicated the former Minister of Agriculture. The ruling orders one of the prominent Human Rights Defender who took the high-profile corruption case to court to pay (MK21million) for what the court says its cost of court trials. The ruling has

PICTURE SOURCE: GOOGLE sent shock waves amongst citizens and CSOs fighting for justice. Human Rights defenders continue to be center of target of intimidation for voicing out concerns on the growing corruption trend. State capture corruption has become the order of the day in Malawi with big families gaining government support through dubious and controversial contracts. Recently two companies belonging to politically connected influential persons were seen demanding billions of Kwachas in what was called compensation to loss of business.

Malawi Chief Justice Andrew Nyirenda

22 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC Action Taken: Human Rights being smashed and destroyed and Action Taken: Contesting political Defenders under the governance individuals being targeted. The parties have sought court programme have united against election has not only created unrest interventions where among other the serious and organized corruption and but has also put people’s rights at court is set to determine the carried extensive advocacy work risk. Currently, freedom of movement judgement. Political leaders, which include media campaigns that has been compromised. Currently the Governance CSOs and HRDC have have heavily exposed the corruption election case is being held in the since appealed for peace to citizens trend. Besides, there has been heavy constitutional court where three major as they wait for justice to prevail. The engagement with international political parties are contesting the police have since been deployed in community such as the Southern controversial results in court. The violent hotspots to beef up security. African Litigation Center which is just disputed election which had three helping CSOs with legal advice on key contenders has created an how to proceed with the corruption unstable civic space as Human Rights e. Impunity cases. Under the UASOC governance Defenders are currently under risk of project, litigation is the central attacks. Throughout the campaign As a nation that attained strategy the alliance has taken to period Human Rights Defenders have independence and multiparty address corruption. Use of heavily been conducting their democracy to be free from torture , investigative experts and the media observation role on the electoral Malawi continue to be saddened with has heavily been taken on board with process. Recently citizens led by the perceived lack of intent to finalize commitments made by the current Human Rights Defenders Coalition investigations into the brutal murder controversial regime. Malawi passed (HRDC) went to the streets to express of Buleya Lule a suspect in the the Ant Corruption Strategy with an their anger over the misconduct of abduction of Goodson Makanjira an aim to address corruption in Malawi Electoral Commission albino boy in Malawi who died under respective departments. In as much Chairperson for allegedly conducting police Custody. It is injustice of highest as this is a welcome development, a a fraudulent election. Currently the order that to date government has lot more still needs to be done in elections results are still under court not been able to prosecute all the Malawi. It is worth commending that proceeding pending determination named people who took part in the some Human Rights Defenders have on whether to nullify the election. death of the suspect, despite been incorporated in the National Through heavy advocacy over the seemingly overwhelmingly evidence Ant--Corruption Task Team. This sets controversial and contentious election pointing to suspects. We are also a good step in the right direction in which was marred with heavy reliably informed that government fighting corruption. irregularities there have been top officials have been number one continued mass demonstrations. culprits implicated including the state Electoral violence has not spared president. Accountable institutions d. Electoral Violence human rights defenders as well with continue to be used by government blame game coming from the regime. to harass Human Rights Defenders Following the 21st May election, 2019 Human Rights Defenders continue to who happen to have dissenting views Malawi has been associated with be deemed as rebels aimed at over their negligence in matters of current election violence that has overthrowing the incumbent national interest. The current regime seen citizens going to the streets to president. Currently a panel of 5 continues to shrink the constitution demonstrate against what is called judges sitting in the high court are and rule of law. Recently the state “dissatisfaction with tippex election”. yet to determine on whether to nullify president appointed the board for Citizens are dissatisfied with the the election or not. The election the Malawi Human Rights election results management. Even impasse has created fear among Commission but flouted procedures the European Union and several local Malawians that has seen business following the revelation that some NGOs faulted the results while closure, property damaging and commissioners appointed were not labelling them not credible. The intimidation. meeting the requirements. situation has worsened with property

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 23 On a similar note, the state president Our Asks to Regional Peers and date are not yet addressed. For appointed inspector General of Police Policy Makers instance, some members of the who is currently mentioned in opposition have been arrested commission of inquiry report to have 1. Corruption and abuse of public and others beaten. To make taken part in the death of a resources in Malawi has reached matters worse, some political Polytechnic student who died under historical and worrisome levels leaders have been preaching hate the same regime. Such appointments in our beloved country. Every day, speeches during their political have created public discomfort as our media is greeted with rallies. It is from such hate they are deemed to be killing justice. saddening audit reports of serious speeches that we have seen and organised corruption, violent post-election instances fraudulent transactions involving that have even compromised the f. Gender Equality senior government officials. whole process of election. We Corruption is a human rights issue urge the enforcing agents to act Women continue to be marginalized and it is so destructive to peoples’ in a professional manner in in almost all sectors of life despite rights. We call upon the bringing the culprits to justice the 2018 Malawi Population and government to show commitment and maintaining order. We are Housing Census (MPHC) revealing and action to fight the war mindful of the fact that member that women constitutes 51 % of the against corruption During the population. Cultural and political states need to comply to the previous siting summit new theories continue to be put forward African Union founding as causes for the status quo. This is leaders promised to tackle document, the Constitutive Act in spite of numerous international corruption and reinstating and as such request SADC and and local gender instruments calling democracy and accountability. So AU to urge Malawian authorities for gender equality. The recently as part of SADC’s CSOs we to comply with the principles of appointed cabinet by President therefore recommend member the AU Constitutive Act. Agenda Mutharika attest to this failure in states to comply and implement 2063 recognizes on the need to upholding the full inclusion of women the resolutions of the AU 2018 build peaceful, just and in development. Although the police theme aimed at winning the fight inclusiveness that provide equal do a commendable job whenever against corruption and access to justice that are based gender abuses arise, their conduct is prosecuting the suspects of fraud on respect of Human Rights always questionable when such abuse and recover the proceeds of (Including the right to abuses are involving ruling party corruption. We further appeal to development, on effective rule of elites. A case in point is in January, Malawi government to review the law and good governance at all this year a woman was stripped of judiciary with international best levels an on transparent, effective her clothes for affiliating herself to practices of NGO policies and and accountable institutions. We an opposition party. There is no laws. In a democracy, the judiciary take a consideration that freedom progress on the case despite the law should aim at strengthening of assembly ensure that citizens enforcers knowing the perpetrators. accountability in effective have a voice and are able to Malawians on 21st May 2019 voted justice delivery organize collectively around for 45 women representing 23 % shared interests, we therefore ask parliamentarians. To their credit, 2. Last Month on May 21, 2019, that Malawi should embrace members of parliament unanimously Malawi held general elections. compliance in implementing the agreed to elect a female speaker for We would like to bring to your principles of African Charter on the national assembly. Ironically, attention that already we have Human and Peoples Rights which Malawi has failed to adhere to the witnessed a number of political carry better platform to protect Gender Equality Act, SADC Gender violence incidences which up to the life of defenders. Protocol and AU Women Protocol

24 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 3. With the current threatening is the Mother HRDC network • The government should urgently atmosphere of Human Rights as Africa. bring to book all those implicated Defends in Africa, its ideal and in corrupt practices without fear very relevant that the African 5. As regional peers we need to put or favour Union takes serious steps in in place meaningful mechanism pushing for the implementation which we can use to take issues • Investigating and bringing to of the regional mechanisms that to the African Court where book persons who were protect Human Rights Defenders. countries are not satisfied with responsible for arbitrary arrests, We therefore ask states including court determination and would death threats and arson of offices Malawi to develop laws for the be carried by Accelerating and homes of various human protection of human rights regional and national rights defenders and political defenders to operate freely and mechanisms through the activists in Malawi from 2009 to without fear. We further ask domestication of international 2012 including the attacks during member states to take into task legal instruments that promotes the current regime. ending serious crimes against better ownership. persons with albinism and adopt • Operationalize the Independent resolutions in line with the 6. The need for continued support Police Complaints Commission Regional Plan on Albinism in for protection of Human Rights established under the new Africa. We in this regard appeal Defenders (HRD’s) and the need Police Act that that the government of to extend country visits where Malawi brings to book all culprits country leaderships can be • Expedite the operationalization involved in the abduction and engaged. Policy makers should and implementation of the Access killings of persons with albinism. be encouraged to prioritise to Information Act. We commend our government drafting national laws that and stakeholders for a great job strongly advocate for full • Address the electoral crisis with they have done in fighting the protection of Rights both at mean and caution to preserve the barbaric and inhumane National and Regional level. democratic environment experiences people with albinism are facing in the country. We • The government should, as a commend government’s efforts Conclusion matter of urgency, bring to book for setting up the National Action those culprits involved in the Plan as a driving tool for We urge the African Commission to killings and abductions of persons addressing killings and encourage Malawi government to with albinism. These are issues abductions of persons with take serious consideration in investing that have taken suspiciously too albinism. However, we appeal its energy to: long to be brought to book. that government to move beyond its rhetoric and begin walking • Reform the Anti-Corruption the talk. Bureau and Malawi Human Rights Commission for its 4. As regional organizations, there complete independence including is need to work on partnership the appointment of its Director and coordination strategies to General of the former, which properly link national HRDs, sub should be done by the Parliament region HRDCs, Continental HRDC rather than the Executive arm of and the global Pan African which government as it is now.

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 25 A ‘Case of Keeping on Fighting’ in Lesotho: A Civil Society Perspective

controversy of how those elections responsible for January 1986 Durban were managed. Immediately after the bombings that claimed five lives. The annulment there were unprecedented incident happened even after the boycotts and civil obedience and the 1982 Maseru Massacre which ended regime of the day suspended the the lives of 12 Basotho and 30 ANC Constitution and declared the State refugees. Lesotho gets 99% of its of Emergency. This saw the banning supplies from South Africa so the of political parties and thus rendering three weeks’ blockade literally meant the Prime Minister to rule by decree. that most services came to a BY SEKONYELA MAPETJA standstill. There were no medical and ‘Popular Coup’, But for How food supplies and gasoline on top of 1.0 From a Promising Democracy long? the list to mention a few. to Regression The situation was to continue until Lekhanya, commander of the then Lesotho gained independence from in 1986 when the military staged a 1,500-man combined police and Britain in 1966 a year after its first coup in protest of two main things. military force, staged a bloodless coup democratic elections of 1965. Firstly, the army argued that the ruling and addressed Lesotho for the first Elections which were not per se party had trained its youth into a time in a brief radio broadcast on the surrounded by much controversy as military wing a move that was not morning of the 20th January 1986. it is the case with the many sanctioned by the national army and. That was three days after a secret subsequent ones. There were reports that the same meeting with South African youth were so arrogant that they authorities of the day according to This was the first democratic elections would carry their rifles (AK 47) into Lentsoe La Basotho (Government the country held and it was hoped the lecture rooms at the university Weekly Newspaper). The army told that since the country had begun on thus sending a message to lectures the nation that they were rescuing an acceptable standard, it was that they cannot fail any course. They the country from demise and would expected that all the other following were so unruly that they were a law work for the release of political elections would surpass the bar set unto themselves. The second issue detainees and for the return of a by the pioneering. Alas, that was was that there were no more goods famous leader of opposition - Ntsu not to be. supplied from South Africa because Mokhehle - who later won the the government of Lesotho could not election by a landslide. Majority of Like many African States, that release the South African Refugees the people who were tired of democratic victory was short-lived as from the ANC and PAC whom the authoritarian rule supported the coup. five years down the line the election South African white minority In his address Lekhanya said: results were annulled amidst a serious government alleged that they were

26 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC As we begin a new path towards leading to the country having only 3.0 Post Election Conflict true national reconciliation, one party in Parliament. I humbly implore (civil servants) to Since 1965 the country has seen nine render service to all members of There was yet again a post- election elections in the space of about fifty the public and the nation as a conflict. One may wonder as to what years, 1970, 1993, 1998, 2002, 2007, whole with respect, humility and could be the cause since the results 2012, 2015 and 2017. Of all these without discrimination. of the elections clearly indicated the elections only two were not marred will of the majority of Basotho. by serious post-election conflict (1965 Matlosa (1997) indicates that; despite and 2002). For the elections that 2.0 The Democratic Dispensation the excitement enthusiasm that preceded the 2002 ones, their major That Never Was. greeted the onset of multiparty post elections contestations were a democracy following decades of result of manipulation of the Mixed The military regime relaxed some of authoritarian rule of both civilian and Member Proportional system. The the laws passed during the suspended military, Lesotho democracy remained model is such that if followed to the Constitution era during their rule to fragile and in many cases enfeebled letter and spirit, it will mainly produce provide for democratic space in and became a turbulent and a conflict a coalition government- coalition governance. This led to the formation ridden political experiment mainly government as a result of election of the Constitutional Assembly which due to three factors: a struggle for results not as a compromise on the got tasked with constitution making. power between and among the elite; disputed results as it is a case for This work was predominantly the struggle over meagre resources and some coalitions in the region. After work of the civilians. After the access to state machinery which 2007 election there was a serious Assembly completed its work, the facilitates control over who gets what post-election dispute because the second democratic elections were when and how and the third being model was manipulated and about held in 1993, which saw the personalisation rather that four parties benefited erroneously Basutoland Congress Party winning institutionalisation of political with one benefitting far more that in all the 65 constituencies, thus processes (emphasis is mine). the size of its support base and as

Lesotho Congress Party supporters PICTURE SOURCE: GOOGLE

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 27 such formed a government. Lesotho then government terminated his society participation make critical Civil Society took the bull by the horns services and appointed - Lieutenant contributions to the effective and mediated between those hard General Maaparankoe Mahao who prevention of conflict and the fight hit by the erroneous allocation of was killed on the 25th June 2015. against impunity and corruption. seats and those who benefitted from Kamoli and other senior army officials Jailing critics and suppressing such manipulation. The issue was for are still in custody and their peaceful dissent does not make those who wrongly benefitted to be substantive cases have not been societies safer: it drives legitimate recalled from parliament. The debacle heard in court to date. For the most and constructive opinion underground ensued for three years before Lesotho part, the courts keep on postponing and deepens grievances. The freedom NGOs took over the mediation after their cases on the account of to speak out or to criticise government being left by His Excellency Sir insufficient evidence before court, yet policies and demand government Ketumile Masire- the former President at the same time refusing to grant accountability accelerates innovation of the Republic of Botswana. At the them bail because they are deemed and economic progress. end it was agreed that parliament ‘dangerous persons’. should enact laws that will prohibit The above sentiment is corroborated manipulation of the system. And There are many reports of deaths of by Office of the High Commissioner indeed Parliament passed the laws ordinary citizens in police custody for Human Rights (OHCHR) where it and to-date it is no longer easy for a without any recourse. The situation indicates that civil society actors, political party to manipulate is so rampant while on the other hand including those who cooperate with the system. civil society efforts are frustrated by the UN, are facing a push back across the ruling coalition. Police brutality the world. Attacks on human rights The subsequent elections of 2012 did is on the rise in Lesotho and since defenders, including environmental not experience post elections conflict the atrocities of 1970-76 the current activists, continue and in many places due to seat allocation as a result of one is unprecedented. What is most are worsening. Inequalities and the new electoral model. However, disturbing is that these violations discrimination are among the main there was still there some political happen despite the fact that Lesotho obstacles that prevent people from tension. This time around it was on has legal frameworks prohibiting exercising their right to participate. sustaining the coalition and the torture and inhuman practices. The For historically marginalized groups, involvement of the army in running most unfortunate things is that in space that was already limited is of the affairs of the country. most cases of human rights violations shrinking further. While new by police, perpetrators are known but technologies and interconnectedness have not been held accountable for have helped civil society networks to 4.0 The Nag in the Democracy: their actions. grow, including across borders, they The Army have also created new excuses to control civil society movements and Lesotho has had three elections since 5.0 The Shrinking Civic Space speech, often under security pretexts. 2012. One in 2012, the second in 2015 and the third in 2017. There is Participation in public life by rights Governments of the region a high likelihood that the country holders and organizations that particularly do not offer favours by may be compelled to another election represent them is a fundamental allowing civic space in in 2019. When the current Coalition principle of human rights. democratisation and governance. took power in 2017 it arrested the Participation also improves the Citizens of the region have a very former Army Commander - Lieutenant efficacy of political systems, as well right to take part in directing their General Tlali Kamoli who in 2014 as policy development and own affairs in their persons, despite refused to vacate office when the implementation. Civic space and civil the agreed and acceptable norm that

28 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC SADC flags PICTURE SOURCE: GOOGLE they do have representatives. © to have access … to the public 6.0 Civil Society fights for service Democratic Space The SADC Treaty especially chapter four on Operational Principles It is disheartening to realise that Lesotho is currently undergoing the stipulates that SADC Member should representatives sometimes turn reforms programme which boarders be guided by norms of democracy, themselves into replacement of the mainly around seven thematic areas. human rights, and the rule of law. people. It is incumbent of civic These are: The 2001 amendment goes further movements to concientise to incorporate non-governmental communities that a representative I. Constitutional organisations (NGOs), civil society, cannot become a replacement. II. Parliamentary business and workers’ organisations Members of Parliament especially in as recognised stakeholders in the countries like Lesotho where they are III. Security business of SADC. It is mandatory for elected from the constituency make IV. Judicial governments to have these politics so dirty that ordinary citizens V. Public Service formations in the SADC national may even choose not to go for committees. For Lesotho in particular, elections. By doing so, it becomes a VI. Economic and for purposes of protecting civic space loss on the part of the citizen and a VII. Media Reforms the most important clause of the gain on for politicians because they constitution is section 20. The Section know that a handful of their diehards The process is let by a committee of provides: will still elect them. It is high time all 15 members, established by an act SADC countries have a clause in their of Parliament, representing wider (1) Every citizen of Lesotho shall laws that allows for a call back. It sectors of the society. NGOs in enjoy the right (a) to take part in will empower citizens to have power Lesotho ensured that one of the the conduct of public affairs, to discipline errant parliamentarians. members come from the Lesotho directly or through freely chosen Council of NGOs. The NGOs further representatives’. ensured that they position themselves strategically that there was no other (b) to vote or to stand for election… formation that could be requested to

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 29 lead the In- District Consultations 7.0 solidarity issues 8.0 Conclusion meant to solicit opinion of an ordinary Mosotho through public gatherings We come to ask the region to walk Civil Society in Lesotho is of a strong held country wide. NGOs further led with us and for you to impress upon believe that there are some lessons the process of submitting to the your governments as they help our that could be derived from Lesotho National Dialogue Planning country to get out of a bleak situation situation and the region could benefit Committee a structure that would it has been for some time upon the a lot in some of the country lead in the implementation of the following; challenges so that other countries do reforms agenda in Lesotho. It is the not repeat the same mistakes. Lesotho same NGOS in Lesotho who • The civil society organisations in is one of the pioneers in the region petitioned Parliament and the Prime Lesotho are impressing upon whose democracy has been tested Minister when Parliament wanted to enactment of public participation beyond a liberation party. Many suspend the standing order that gives law countries in the region are still ruled a chance for a tabled bill to go by parties that gained them through a relevant portfolio • That there be law on how independence or democracy. Lesotho committee whereby ordinary citizen ordinary citizen can recall has been bold to change electoral either in their persons or in their their MPs model to include even minority formations could have opportunity parties. As a result of the above to discuss the Bill. The result was that • The reforms agenda in Lesotho changes the country has indeed the standing order was not suspended be protected by law to come to suffered a lot and has been in the and the NGOs were first of the groups fruition irrespective as to who is agenda of SADC for negative reasons to share their views before the in government other than being on the agenda for Parliamentary Portfolio Committee its unique landscape of being the and our views changed how the Bill • That the Human Rights only country in the world whose was and it took a shape that gave Commission that conforms to the lowest point is 1000 metres above birth to the current National Dialogue Paris Principles be established sea level, a country whose mountains Planning Committee. in Lesotho swells fountains of water unmatched in the region. Therefore, it is not gloom In another attempt of fighting for • That police suspected of human and doom but of course there are democratic space civil society in torture be brought to book serious advocacy issues to be pursuit Lesotho has begun a publication of in order to harness the country full appraising and scoring performance • That government officials that potential. Cardinal to those is for the of individual MPs in Parliament using loot from the public purse be country to open civic space but that a measure of their responsibility and investigated and litigated cannot come on silver platter hence using a padlock for those that just our participation in forums of this warms the benches a say nothing in • That senior government officials, nature so that with help and parliament. It has made people want parliamentarians and in assistance from the comrades in here to know how their representatives parastatals declare their assets we can arm twist our government to faired in the scores. Of course before, during and after their open space for participation; parliamentarians do not take the issue tenure of office light as it exposes them but the NGOs a soldering on because they belief they are in the right trajectory to demand democratic space.

30 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC DRC Country Position... Statement on Democratic Gains Threatened in SADC

the power that derives from the ETHNIC, COLOR, SEX, people who had bestowed their trust LANGUAGE, RELIGION, on those who are elected in public POLITICAL OPINION OR office. It is evident, that we are here dealing with human beings. This is ANYTHING OTHER why the statement made above re- OPINION, OF NATIONAL affirms that we cannot speak about OR SOCIAL ORIGIN, OF human rights without considering the FORTUNE, BIRTH OR ANY citizens. Hence, the Universal OTHER SITUATION " BY MINGIEDI MBALA Declaration of Human Rights states N’ZEKETE CHARLIE JEPHTHÉ in its first article that: The African Charter on Human and Allow me to greet you all on behalf “ALL HUMAN BEINGS People’s Rights commits AU members of states to adhere to the principles of the Congolese Community in South ARE BORN FREE AND Africa and on my own behalf. First of the fundamental rights and and foremost, we would like to start EQUAL IN DIGNITY AND freedoms of men and peoples our speech by expressing our sincere RIGHTS, THEY HAVE A guaranteed by the declarations, gratitude to the Regional Office of REASON AND SHOULD conventions and other instruments adopted by the African Union and the Crisis in Zimbabwe Coalition. It ACT RIGHTFULLY WITH the United Nations and their is a privilege to be invited and ONE ANOTHER WITH A participate in this conference that responsibility to promote and protect tackles the issues regarding the SPIRIT OF FRATERNITY.” human rights and people with all reduction of democratic space in the other freedoms. It should be noted SADC region. Likewise, the African Charter on that it is of paramount importance Human and People’s Rights stipulates to consider these rights and freedoms Before tackling the subject, I wish to in its second paragraph: in Africa. inform you that our organization is apolitical, so we are a non-political "ANY PERSON IS There is no democracy without human organization. We accepted this ENTITLED TO THE rights or freedoms. I would nail the point by saying without justice, then invitation because we want to talk ENJOYMENT OF THE more about human rights and its there is no democracy, no human RIGHTS AND FREEDOMS mechanisms in the SADC region. rights. Through digging in depth f2 The subject of this conference RECOGNIZED AND through the texts, charters, concerns us, as it makes the headlines. GUARANTEED IN THIS declarations and conventions, it is CHARTER WITHOUT clear that the latter have no failure, while it is evident that we fail as It is often said that there is no DISTINCTION NO, IN democracy without human rights, human beings to apply their because by definition, it encapsulates PARTICULAR RACE, provisions.

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 31 It is our belief that we have reached brought awareness to the audience bear, often told me that the “day the pinnacle of the problem that leads and the globe that seem not to be Africa will become a single village to the reduction of the democratic paying attention to the plight of the where every African will be a citizen, space in Africa, in general and in Congolese people. We all know if that day comes, then that will be Southern Africa, in particular. how the elections were run on the time for the rise of Africa. December 30, 2018. At this point of time, I would like to I am a Congolese, proudly so, leaving remind ourselves what the in any of the countries of the Southern Do you have any idea of the number late president Mobutu, loved or Africa of which DR Congo is a SADC of people that left the country after hated, said: active member, it saddens us to realize this chaotic electoral process? Or can that ratified agreements are not you only imagine how many are being “BETWEEN A FRIEND applied by those governing us. killed after these elections? I prefer AND A BROTHER, THE not to dwell on that as media outlets When democracy is sloppy, the people are covering the topic enough. CHOICE IS CLAER.” are abandoned to their own fate. It is imperative to have strong As the president of the Congolese Thus, diplomatic ties were interrupted institutions so that democracy can Community in South Africa, my team with Israel and my Congo, then Zaire. be preserved. Everyone knows that and I receive reports from all walks He also tackled the issue of apartheid there has been more than 10 million of SA provinces, and some of and condemned vehemently this deaths in the Democratic Republic of the reports make you ponder abject policy, his strong and fierce the Congo, my country since 1997, and question. condemnation of the colonization of although the number is debatable, white supremacy upon our fellow but one death is already horrendous. We are victims of what we call brothers and sisters of South Africa Dr Denis Mukwege, the 2018 Nobel “Institutional Xenophobia.” made him take a stand with Zambia Peace Prize Laureate, in his address, My late grandfather whose name I and Tanzania which scapegoated them internationally.

Dr Denis Mukwege PICTURE SOURCE: GOOGLE

32 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC Shall we ask what he would feel in I am pleased seeing the These are inseparable and his grave seeing all the injustices representation of various interdependent factors that are Congolese are subjected to in stakeholders of human rights bodies peremptory for democratic Southern Africa (Angola, Zambia who facilitate our efforts to acquire processes to work and provide the and South Africa to name just proper documentation. I say this tool for a good political governance a few)? with a heavy heart filled for the ruling power. From this stand with sadness. point, it is ineluctable that Congo- We have an emblematic case such Kinshasa is far from being registered as that of the prophet Joseph Our community want to live among civilized countries or so to Mukungubila who is an asylum peacefully while respecting the laws say a democracy if not only seeker, but despite winning the trial of the host country but the name. for all the charges he was accused unfortunately things are not easy of, the SA government refuses to at all. In your second and third question, restore his rights. We have children we would state that lack of a born without birth certificates thus We appeal to the SA government common vision and understanding deprived of schooling or unable to through its umbrella department of has prevented Congolese to write their matric. Home Affairs to create a forum for advance their common destiny that an ongoing dialogue between is peace, security and development. Here are some other cases of communities and foreigners and This demonstrates the challenges injustices our people continue to their countries of origins. we face thus revealing our be prejudiced from: ineffectiveness while our leaders Before my closing remarks, allow have also shown selfishness, • Arrests of Congolese in LINDELA me to answer questions that I was betrayal and amateurism…. asked regarding the concerns of embezzlement and other ills such • Killings such as the late case of human rights and democracy as corruption that undermine any a school child in Rosettenville in DR Congo. possible development.

• We have a high number of out- The latter stem in many aspects We are seeking the regional body’s of-school children such as socio-economic and cultural support, guidance and collaboration rights wherein citizens are deprived to tackle these issues and enable • We have children who have of basic needs such as: concrete actions. been chased out of school for not showing their matric 1. Socio-economic and cultural Allow me to take my French leave rights and thank you in one of the AU • Access to health care centre Access to : hygienic sanitation, official language Swahili “ Aksanti health, education, social sana”Long live the African Unity In a nutshell, the main issue for my security, electricity; Protection community remains the provision of: children’s rights, women’s of documentation that would allow rights environmental; Mingiedi Mbala N’zekete Congolese to live legally as Charlie Jephthé President - Congolese Community RSA enshrined by the SA Bill of Rights 2. Civil and political rights: and the Constitution: “South Africa Lack of information, the right belongs to all who lives in it.” to protest and freedom of expression…

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 33 Mozambique: The Shrinking of Civic Space participation of civic groups in the b) freedom of expression and debate on the public life of access to information and, the country. c) citizen participation. Despite the growing recognition of the role that citizens and civil society Based on the above three elements, play as governments' partners in the analysis makes the following the provision of incentives for social conclusions: and democratic change in recent years, Mozambique has presented • Mozambique has a legal and an equally growing Environment of policy framework that is relatively BY ALBINO FORQUILHA restriction and/or obstruction of the favourable to the participation and civic space that manifests itself in engagement of citizens and civil Introduction various ways. society in the public life of the country. However, critical challenges The civic space, that is, the freedom According to the Freedom House persist with regard to the of individuals and civil society to (2018), Mozambique is in the group implementation of these organise, participate and express of countries considered partially instruments, which is aggravated themselves freely and without free, where democratic rights and by a tendency in recent years to discrimination in the spaces and freedoms still suffer some disengage their observance as legal decision-making processes on issues restrictions. This Freedom House provisions. of interest, is an essential element classification is reinforced by other for the development of any society. measurement mechanisms, such as • The approval of the law of the The existence of an open civic space the Civicus Monitor, which in its right to information was an is, moreover, regarded as a annual report of 2018, has placed important advance in the expansion fundamental condition for Mozambique in the group of of the civic space in Mozambique. responsive governance and based countries where civic space This fundamental legal piece, should on principles of good governance, is obstructed. potentially improve the conditions democracy and social justice. for a greater and more informed My analysis of the situation of the civic engagement. However, in Mozambique is an emerging civic space in Mozambique is made, practice it still faces many democracy with a dominant political taking into account three challenges in its implementation, system, where the role of citizens dimensions of the civic space, based which makes that instrument and civil society is formally on a study made by my ineffective in fulfilling the objectives recognised in the legal framework organisation. These are namely; for which it was established, and political discourse. In general, particularly the guarantee of Mozambique's legal and policy a) freedom of association and exercising the right to participation framework opens up space for the meeting, by citizens in policy processes and

34 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC access to information of public associated with freedom of support them are commonly related interest. More aggravating is the expression. to the demands of legal reforms situation at the local level, where and policies. There is therefore a a high level of ignorance prevails • The freedom of expression and tendency to discriminate and label over the law and, on the other hand, press dimension on the part of such organizations as "external the high discretionary power of the activists and opinion formers, agents" or "Anti-patrioticas", which State agents who often use it to including journalists, in practice, is operate in defense of other interest prevent access to information generally censored or self-censored than the national. On this, the by citizens. in response to threats and other research found that, in general, the pressures. In recent years, the limits characteristics related to the • On the other hand, access to to freedom of expression have been activities of civil society information on events that reinforced by cases of threats, organisations directly impact the significantly impact the lives of intimidation, violent kidnappings, civic space they have. citizens is increasingly obstructed seditions and even murders to by government institutions that citizens who have expressed their One of the recommendations I have become intolerant to any views on critical aspects of make, is essentially directed to civil attempts by the media, human governance. society organisations, at grassroot rights defenders and social justice and at nationally level on the activists to investigate and • In addition to practices that pressing need for more affirmative understand the real context of such aim to dissuade the exercise of action in order to reduce the events. A specific case to do with citizens ' civil liberties through tendency to close the civic space, the obstruction of access to repressive means, in the freedom through strategic actions that information is one regarding armed of association dimension, are proactive. attacks recorded in Cabo Delgado Mozambique is also advancing province since 2017. In the search towards legislative changes as a There is a need for organizations for information on the ground, clear sign of the intention to restrict to ensure their technical, financial several journalists and human rights even more civic space. A specific and networking sustainability in activists have been detained and case was the review of the law of order to bypass the limitations that threatened by the military. associations characterised by a are being increasingly imposed on process conducted without the their operational space. The • Despite the existence of the proper involvement of civil society consolidation of the space claimed legal framework and favorable organisations. The proposal, already by civil society is recommended as policies, in Mozambique the deposited in the Parliarment, a necessary action. situation on civic space tends to presents elements that can greatly deteriorate, with the country undermine the action of civil society As the SADC region, we need to gravitating towards an alarming organisations, terms in which they act urgently and increase regional situation of restriction. Data from can restrict and constrain even more advocacy and send a repudiation the administered surveys show that the space of their performance. petition to the SADC secretariat to in general the exercise of civil pressurise the government liberties is considered reasonable, • In Mozambique, activities to change. tendentially for Bad. The research related to the promotion of human found that the most critical element rights and active citizenship are of the restriction of the civic space often "seen" as political activities, in the context of Mozambique, is since the advocacy actions that

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 35 The Shrinking of Democratic Space in Zambia Patriotic Front (PF). Its enactment and implementation violates fundamental rights Apart from the political side, Zambia guaranteed in the Constitution of has some legislative provisions that Zambia as well as some of Zambia’s threaten the civil space. These legal obligations under binding include the following three key human rights instruments such as legislations; the International Covenant on Civil and Political Rights (ICCPR) or the (i) NGO Act No. 16 of 2009 African Charter on Human and BY WHITNEY MULOBELA Peoples’ Rights (ACHPR). This is In 2009 the Zambian Government because the NGO Act contains a Zambia’s governance and its track enacted the Non-Governmental great number of unclear provisions records on human rights and the Organisations (NGO) Act No. 16 that allow for discretionary political upholding of the rule of law has of 2009. configuration of the NGO landscape, remained in the spot light in the the steering of individual NGOs. recent years. Over the last few years Various analyses of the NGO-Act Therefore, it constitutes significant Zambia has recorded some worrying agree that the Act has the potential threats to the exercise of the human trends with regards the respect to to seriously interfere with and rights to freedom of association human rights and the rule of law, hamper the work of Non- and to freedom of expression, which point to shrinking civil space. Governmental Organisations including the right to receive and In the recent past Zambia has (NGOs) in Zambia. According to a disseminate information. witnessed increased political compatibility study undertaken by violence, leading to death in some an independent consultant, Ms. Eva Section 7(b) for instance gives instances. During a recent by Jala, confirmed the fears of NGOs powers to the Government, election held in Zambia’s Western that the NGO Act has provisions through the Ministry of Province, in Kaoma district to be that contravenes the Republican Community Development to precise, a member of the opposition Constitution. Zambian NGOs have prescribe the operational areas United Party for National argued that the Act is meant to in which an NGO can operate. Development (UPND), Lawrence stifle, NGOs that are critical Banda was allegedly shot dead by to government. There is currently a process to repeal some known cadres of the the NGO Act. A Technical Committee ruling party. Recently, NGO Board Chairperson, to repeal the Act has been Chanda Nonde, a known constituted by the Ministry of As Zambia heads to the polls in sympathiser of the ruling party Community Development and Social 2021, there has been an increase issued a statement warning NGOs Welfare. A Technical working group in political violence largely against making statements against chaired by Action Aid Zambia, attributable to the two major the government. Country Director Nalucha Ziba is political parties - the UPND and the currently developing a layman’s Bill

36 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC Zambia President Edgar Lungu PICTURE SOURCE: GOOGLE

which will then be submitted to the gathered to protest against the process of enacting a cyber law to Law Development Commission. The procurement of 42 fire tenders. restrict the usage of internet and repeal process is aimed at repealing The five however argued before social media platforms. All in an and replacing the NGO Act of 2009. Court that in a functioning effort to stop Zambians from So far Government and Civil Society democracy, no one should and sharing “governance issues” The have been working towards would be arrested for demanding proposed legislation is supposed to this process. answers from those entrusted with regulate the use of internet as governing our resources. Government will be monitoring (ii) Public Order Act more closely what citizens post While they were in the real sense online. Even before the enactment The Public Order Act has continually arrested under the Public Order Act, of this law some citizens have been been abused by the Government of they were charged with the offence arrested over materials that they the Republic of Zambia to stifle of “disobeying lawful orders” post online. A Medical Doctor of people’s freedoms of Assembly and contrary to clause 127 Cap 87 of Luampa Mission Hospital in Luampa Association. The opposition political the laws of Zambia. District in Western was arrested for parties and most recently civil allegedly defaming Republican society organisations have been However, Magistrate Mwaka President Edgar Lungu. The unable to gather and meet freely. Mikalile ruled that citizens have the Congolese Doctor, Dr. Oliver Kanku Some NGOs were recently arrested right to assemble. Magistrate was arrested over a post on his just for merely meeting to discuss Mikalile stated that the Police must facebook page. the constitution. In In September not prevent the citizens unlawfully1. 2017,police in Lusaka arrested General worrying trends Alliance for Community Action Director Laura Miti, opposition PeP (iii) Impending Cyber law In the recent past Zambia, despite president Sean Tembo, singer Pilato her good track record of hosting and other protesters who had Currently the government is in the refuges and asylum seekers, the

1 Lusaka Times

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 37 country handed back Zimbabwe’s Furthermore, a Kenyan academician, suspending Aid towards education, asylum seeker, Tendai Biti to the Professor Patrick Lumumba was health and social protection. Zimbabwean authorities despite a also recently refused entry into the High Court order. country. The Professor was due to In December 2018, the Zambia speak at a University graduation on Supreme Court sentenced an anti- This was against the backdrop of the question of China’ involvement corruption activist Gregory Chifire the Zimbabwe’s elections that were in the African economy. to six (6) years imprisonment for held in July 2018, where the criticising the judiciary and alleging opposition figure felt unsafe to At a national level, human rights corruption on the bench. The remain in that country and wanted violations have continued and a Supreme Court also imprisoned to seek asylum in Zambia. case in point is the recent killing of Rainbow Newspaper Editor, Derrick a female student Vespers Shimuzhila Sinjela for eighteen (18) months The BBC reporter on the material at the University of Zambia. She simple imprisonment. The Editor day, “A senior member of died because of suffocation from was imprisoned for proffering an Zimbabwe's opposition MDC police teargas. Students at the opinion on a judgement by the Alliance, Tendai Biti, has been University of Zambia were Supreme Court. Mr. Dante Saunders, denied asylum by neighbouring protesting against the delayed meal a Governance and Human Rights Zambia. allowances. A coroner recently Activist described the imprisonment established that the death of as meant to stifle free speech3. The Zimbabwe's police accuse Mr Biti Vespers was actually caused by the country is currently waiting for the of inciting violence following last Zambia Police who teargassed Ministers who stayed in office after month's election. her room. the dissolution of Parliament to pay back the earnings they got from Zambian Foreign Minister Joe The continuous selective application government following a decision Malanji told the BBC that Mr Biti's of the Public Order Act has led to by the Constitutional Court. grounds for asylum were weak. a lot of violations of human and citizen’s rights resulting in the recent The Minister of Justice, Hon. Given He was being kept in "safe custody" arrests of the five activists who were Lubinda has publicly declared that until he returned to Zimbabwe, the picketing at Parliament against he would not pay back the money, minister said. purported corruption in the a move that has been roundly procurement of the 42 fire tenders condemned. It is yet to be confirmed Earlier, his lawyer said his client had claimed to have cost USD42 million. whether the Law Association of been detained at the border with The Court has since entered a nolle Zambia (LAZ) will prefer Contempt Zambia by the Zimbabwean prosequi (a no case to answer). proceedings against the Minister. authorities. Furthermore, during a recent President Edgar Lungu has however, picketing at parliament, Civil Society asked all the Ministers to comply An alleged Zambian police report Organisations were attacked by with the Court order. circulating on social media states suspected Patriotic Front cadres that Zimbabwean officials tried to who wanted to thwart the picketing detain Mr Biti after he had crossed on the mismanagement of public into Zambia2. resources. This situation has led to three cooperating partners

2 BBC News, 8th August 2018

3 Interview with Mr. Dante Saunders

38 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC Human Rights and Shrinking Democratic Space in the SADC Region: The Case of Zimbabwe “A Predatory State in Paranoia”

Front (Zanu PF) did not only win the remained volatile and tense and Presidential election but went on to deteriorated even further after the claim the two thirds majority in brutal clampdown by the military on Parliament and swept through in most civilians from the 14-16th of January local councils elections too. This cast 2019 following a call by trade unions a lot of doubt in terms of delivering for a stay away responding to a steep real and progressive change in and far reaching fuel hike announced tandem with democracy which should by the President, E.D Mnangagwa. thrive on genuine checks and balances amongst the various tiers This paper will give a brief on the BY JANET ZHOU of government. The Presidential current human rights and democracy election results were contested and concerns in Zimbabwe, share the matter spilled into the courts and positions from the non-state actors Introduction was only settled in the Constitutional concerning the deteriorating human Court after contestation from the rights and democracy situation. It will The coming in of Emmerson main opposition, the Movement for also outline the actions that are being Mnangagwa in November 2017 Democratic Change-Alliance (MDC- taken to address the challenge and through military intervention brought Alliance) who alleged that there were conclude with key asks from regional with it a new wave of hope for a number of malpractices, inconsistent peers and the regional policy makers change amongst many Zimbabweans with the country’s laws, SADC to address the challenges. who had languished under the Principles and Guidelines Governing authoritarian rule of the former Democratic Elections (2015) amongst Current social, political and President, Robert. G. Mugabe. other international standards. economic context However, a significant number also doubted that there was going to be The hope for a new, democratic There is a fast deteriorating social any change in governance as the second republic was quickly dented and economic situation in Zimbabwe military hand became too visible in soon after the elections following which is also grinding in between a civilian politics post November 2017. gross human rights violations as political and leadership crisis which After the military intervention witnessed during the 1st of August is marred with policy inconsistencies Mnangagwa went on to become the 2018 beatings, torture and killings leaving the vulnerable more exposed elected president in the July 2018 of civilians who were protesting the and in dire need for remedies if their General Elections. The Zimbabwe delays in the announcement on the social and economic rights are to be African National Union- Patriotic presidential results1. The situation progressively realised. The

1 Zimbabwe Human Rights Commission Statement ( 28 January 2019) reported these gross human rights violations and use of excessive force on armed civilians expressing themselves as enshrined in the constitution

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 39 government continues to implement and political and the social and prison for close to 20 days before policies that are hinged on what they economic rights. being granted bail by the High Court have termed “austerity for prosperity” of Zimbabwe. It is clear that the without proper consultations with Since the August 2018 and the government is not tolerant of stakeholders and citizens and in a January 2019 protests and the divergent views and the promises by manner that is arbitrary. The government response to the protests the incumbent of a new Zimbabwe Zimbabwe Human Rights Commission which included use of lethal and seem to be fading away and the (ZHRC) has also raised concerns on excessive force, mass illegal arrests, reality of another autocratic rule is the violation of fundamental torture and internet shut down to settling in. provisions in the constitution which restrict citizens from communicating speak to the importance of or mobilising and the public Legal and Constitutional developing pro poor policies including pronouncements by the President Provisions to promote the setting up of effective social safety himself and government officials to democratic and civic spaces nets to ensure access to basic goods thwart any dissenting voice, civic and and services by all2. Section 13 (1) democratic space continues to shrink Despite the state heavy handedness of the Constitution of Zimbabwe in Zimbabwe. The state is in paranoia in addressing the grievances of the implores the State and all institutions and has gone on to even criminalise citizens, the Zimbabwean government of Government to ensure equitable attendance of workshops based on has obligations to respect, promote development. Further, Section 13 (2) concocted allegations of wanting to and protect the rights to freedom of requires Government to involve the subvert a constitutionally elected expression, association and peaceful people in the formulation and government. A case in point is the assembly as guaranteed under implementation of development plans ongoing court process of seven international human rights treaties, and programmes that affect activists who went to attend a including the International Covenant them. This has not been happening workshop in Maldives in May 2019. on Civil and Political Rights (ICCPR) thereby agitating the citizens and They were apprehended upon arrival and the African Charter on Human prompting them to get into action as at the airport and had their gadgets and Peoples’ Rights (ACHPR). they defend their rights, both civil confiscated and thrown in remand Domestically, Section 58(1) of the

Police brutality in Zimbabwe PICTURE SOURCE: GOOGLE

2 ZHRC Statement on the Deteriorating Socio-Economic and Security Situation in Zimbabwe, 10 October 2018

40 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC PICTURE SOURCE: GOOGLE

Zimbabwean soldier opens fire at MDC protesters

Constitution states that “every person i) 1 August 2018 Protests and protests. The Commission Report has a right to freedom of assembly, State Response to quell made recommendations, however no and the right not to assemble or the Protests action has been taken to date to bring associate with others”. Section 59 the members of the security forces further guarantees everyone the right The post-election environment in who perpetrated violence against to demonstrate and present petitions. Zimbabwe was starkly the opposite members of the public. What is clear Zimbabwe is not a party to the of what had been perceived to be a is that while on duty the military used Convention Against Torture (CAT) generally peaceful pre-election and excessive force which saw six people which prohibits torture in all cases, the actual election period. The political being shot dead and thirty five badly but section 53 of its constitution environment became tense between injured. Many arrests were made and prohibits torture, or cruel, inhuman Zanu PF and the MDC-A which ended activists were followed in or degrading treatment or up with citizens going on the street their homes5. punishment. Despite these clear and the state deployed armed forces obligations, Amnesty International3 the reason being that the police force ii) 14-16 January State has documented gross human rights was incapacitated to stop the Response to the Stay Away violations committed in the context protests. In the process the army used of the government crackdown on excessive force which was condemned State paranoia became very apparent protests in January 2019. by the international community and and reached even more dangerous the President had to be forced to levels following the mass stay away The Foot Print of Human Rights launch a Commission of Inquiry4 to by workers following the fuel price Violations and Shrinking investigate the protests and the hike which was going to have far Democratic Space conduct of the army in quelling the

3 Amnesty International Report, Open for Business, Closed for Dissent, Crackdown in Zimbabwe during the national Stay Away, 14-16 January 2019

4 The Commission is known as the Motlanthe Commission as it was chaired by the former South African President, Kgalema Petrus Motlanthe

5 Amnesty International documented the events and issued a statement condemning the violence on 1 August 2018 https://www.amnesty.org/en/latest/news/2018/08/zimbabwe-investigate-the-army-conduct-in-post-election-killings/

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 41 Zimbabwe President Emmerson Mnangagwa PICTURE SOURCE: GOOGLE reaching price hikes across all members were followed in their The violation of fundamental human economic sectors. The stay away was homes and picked up by the police rights have continued unabated and simply a response by the citizens to while others had to flee as fear in May 2019, seventeen (17) activists the economic meltdown which has gripped the citizens of Zimbabwe. were arrested and charged with trying seen complete collapse of the social to subvert a constitutionally elected service delivery, erosion of disposable iii) Public Pronouncements by government following participating incomes due to runaway exchange the President to “deal in a workshop in the Maldives rates amidst the lack of a currency with delinquent Citizens” organised by the Centre for Applied and the reactionary nature of the Non Violent Action and Strategies state in addressing the deep rooted Despite promising an inclusive and which focused on peaceful resistance. crises. There were reports of 12 deaths prosperous Zimbabwe, the President The seven activists join other civic as the state responded to the stay has made chilling pronouncements leaders such as Pastor Evan Mawarire away and several injuries due to at Rallies on how the government of the #This Flag, Peter Mutasa and military brutality. Following the stay will “deal” with lawyers and NGOs Japhet Moyo- the ZCTU leaders and away and crack down there were who incite citizens to rise up against the Amalgamated Rural Teachers mass arrests. 1055 people were the government. After these Union (ARTUZ) Obert Masaraure who brought before the courts facing trial pronouncements some NGOs have was abducted and badly beaten up over the events of the 14 January actually been inhibited from carrying and handed over to the police and Stay Away. According to the out their work, for example the now facing the same charges of Zimbabwe Lawyers for Human Rights Community Tolerance, Reconciliation subversion and inciting violence. Such who attend to many of the cases, and Development (COTRAD) in levels of paranoia by the state are there was a pattern of fast tracking Masvingo Province. The case had to alarming and have perpetuated the of hearings and denial of bail to be resolved in court for the shrinking space for meaningful the arrested. organisation to continue operating. engagement as Zimbabwe seeks to resolve the current crises. A number of civil society activists and iv) Arrest of 7 Activists from a human rights defenders and MDC- A workshop in the Maldives

42 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC The above are a few examples that in August 2018 and Non State Actors Positions on depict the clear trail of how the state January 2019, the human rights and shrinking continues to stifle democratic spaces democratic space in Zimbabwe for the citizens to engage and express • Arbitrary and mass arrests of themselves in response to the activists, human rights defenders Civil society organisations in protracted crises bedevilling and members of the MDC-A, Zimbabwe, SADC and internationally Zimbabwe. There is growing fear have responded to the current amongst the citizens having • Impunity on those who challenges in Zimbabwe in strongest witnessed military brutality and the persecuted, tortured and killed terms through statements and visible parallel government being run members of the public in August engaging with the SADC and AU by the military. In summary the major 2018 and January 2019, leadership to intervene in Zimbabwe. concerns in the context and trail The international community which examples are emanating from the • Restrictions on freedom of include the European Union, the following; assembly remain in place with United Nation, Britain and the USA the current Maintenance of Peace have given solidarity to the people • The militarisation of the state and Order (MOPA) Bill meant to of Zimbabwe and raised concerns including the economy which is replace the current Public Order over the excessive role of the military run by a powerful cartel, and Security Act (POSA) being in civilian matters. exactly the same in provisions • Two successive deployment of the that restrict fundamental human Calls have been made by the non- military to quell civil protests rights and constraining state actors mainly calling for; and demonstrations by the democracy. citizens against the national laws • The demilitarisation of the state and international conventions • Threat to the ZHRC after the and for the army to stay in the and treaties, Commission issued a statement barracks and not be with a clarion call on the state unconstitutionally deployed to • Killings, torture, cruel and security to exercise restraint when handle protests, inhumane treatment of civilians dealing with protesters6 by the security forces as witnessed

Zimbabwe Police deal with MDC protestors PICTURE SOURCE: GOOGLE

6 6 Statement issued by the Ministry of Information, Media and Broadcasting Services on 25 January and read on national television by Minister of Justice, Legal and Constitutional Affairs Ziyambi Ziyambi

DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC 43 • National, multi stakeholder independence from colonial rule dialogue to find solutions to the national dialogue to address the through offering each other solidarity. multifaceted crises, current crisis, The deteriorating human rights and shrinking democratic space in not • Hold Zimbabwe accountable to • Intervention of the SADC and the only being experience in Zimbabwe national laws, SADC protocols AU in dealing with the Zimbabwe but has become a regional and international standards with crisis as it threatens the peace phenomenon, therefore; respect to human rights and and security in the region, promotion of democracy, • The time to build people to people • Immediately end the clampdown solidarity is now- there is a • Hold the President of Zimbabwe on human rights and attacks on growing need be in solidarity with to commit and be accountable in peaceful protestors, NGOs, human the people of Zimbabwe in respect of democracy and human rights defenders and activists and exposing the human rights rights as the incoming opposition supporters. The violations and state of affairs by Chairperson of the Organ on authorities should respect, various social movements in Politics, Defence and Security. protect, promote and fulfil all the region, human rights, consistent with the Bibliography Constitution and the country’s • Put pressure on respective international human governments to speak out on the 1. Amnesty International Report, Open 7 for Business, Closed for Dissent, rights obligations Zimbabwean situation and Crackdown in Zimbabwe during the support the national dialogue national Stay Away, 14-16 Conclusion and Key Asks discourse, January 2019

The situation in Zimbabwe is not • Seek audience with the 2. SADC Principles and Guidelines tenable for the enjoyment of international community on governing Democratic Elections, 2015 fundamental human rights and the Zimbabwe as it forges ahead with situation does not seem to get better the international re-engagement 3. Zimbabwe Human Rights Commission Statement ( 28 January and the economy continues to slide agenda. 2019) reported these gross human deeper into the multifaceted crisis rights violations and use of excessive caused by systematic and structural To the Regional Policy force on armed civilians expressing problems spanning for almost two Makers themselves as enshrined in the decades now. The situation needs constitution concerted efforts at the local level By remaining silent on the 4. ZHRC Statement on the Deteriorating but also from the region and the Zimbabwean crisis the region remains Socio-Economic and Security Situation international community. The people at risk of instability as Zimbabweans in Zimbabwe, 10 October 2018 of Zimbabwe must live in dignity and will keep flocking the nearby countries enjoy their inalienable rights as as both political and economic 5. Zimbabwe Human Rights NGO Forum enshrined in the Universal Declaration refugees, therefore, Report, 24 January 2019 published by All Africa of Human Rights among other https://allafrica.com/stories/20190 important Conventions that • Zimbabwe must be on the agenda 1250136.html Zimbabwe signed to or is yet to sign of the next SADC Heads of State to if it is committed to ushering in and Government Summit. Urge 6. Civil Society Petitions AU Over the democratic second republic. the government of Zimbabwe to Zimbabwe Crisis, 17 January 2019 - end the pattern of human right https://allafrica.com/stories/201901 To the Regional Peers: violations that have been 170563.html witnessed to date, 7. The Herald, Protests: 1 100 arrested, The region gained political • Call for an inclusive national 24 January 2019,

7 Ibid

44 DEMOCRACY UNDER THREAT IN SADC: SHRINKING OF DEMOCRATIC SPACE IN SADC The Zimbabwe People's Charter February 09, 2008 The Zimbabwe People's Charter adopted at the peoples’ convention, Harare, on the 9th of february 2008 We, the People of Zimbabwe, After deliberations amongst ourselves and with the full knowledge of the work done by civic society organizations and social movements; With an understanding that our struggle for emancipation has been drawn-out and is in need of a people-driven solution; Hereby declare for all to know that: -

1. Political Environment In the knowledge that our political environment since colonialism and after our national independence in 1980 has remained characterised by: a) A lack of respect for the rule of law; b) Political violence, most notably that which occurred in the early to late 1980s in the provinces of Midlands and Matabeleland, and that which occurred in the years from 1997 to present day, where lives were lost as a result of government actions undertaken with impunity; c) A lack of fundamental rights and freedoms, including freedom of expression and information, association and assembly, all characterised by the militarization of arms of the state and government. d) The People shall have a political environment in which: All people in Zimbabwe, including children, are guaranteed without discrimination the rights to freedom of expression and information, association and assembly, and all other fundamental rights and freedoms as provided under international law to which the state has bound itself voluntarily. e) All people in Zimbabwe live in a society characterised by tolerance of divergent views, cultures or religions, honesty, integrity and common concern for the welfare of all. f) All people in Zimbabwe are guaranteed safety and security, and a lawful environment free from human rights violations and impunity. g) All national institutions including the judiciary, law enforcement agencies, state security agencies, electoral, media and human rights commissions, are independent and impartial and serve all the people of Zimbabwe without fear or favour. h) There exists a free and vibrant media, which places emphasis on freedom of expression and information and a government, which guarantees independent public media as well as a vibrant and independent private media. i) All people in Zimbabwe live in a society, which is the embodiment of transparency, with an efficient public service and a belief in a legitimate, people-centred state.

And hereby further declare that never again shall we let lives be lost, maimed, tortured or traumatised by the dehumanising experiences of political intolerance, violence and lack of democratic government.