Mr.
Chairman, allow me to start by passing my profound thanks to you and the committee
for presenting me and the Crisis in Zimbabwe Coalition an opportunity to
testify in front of this committee. I
would also like to request that my statement in its entirety be submitted for
the record.
My name is McDonald Lewanika, the Executive
Director of the Crisis in Zimbabwe Coalition, one of Zimbabwe’s leading
networks on Governance and Democracy issues, with a membership of over 80
organizations. I am resident in Zimbabwe, and my job entails that I stay in
constant contact with key political actors in the country, members of civil
society and ordinary citizens of our republic. In addition, I am obligated to
engage on a very regular basis with the press, both for purposes of making
comment on and forwarding our understanding of political developments as well
as exchanging notes as part of the same civil society.
Mr. Chairman, my testimony will touch on
various issues that stem from the disputed July 31 Harmonized Elections, moving
on to key actors and developments since then that we believe have an impact on
Zimbabwe’s transition. It will end with a set of recommendations to the United
States that we believe are of importance to highlight in post election
Zimbabwe.
The results of the Elections of July 31 2013
were met with a lot of consternation by the generality of citizens, who up to
this point do not believe that they were reflective of their will. Moreover
ample evidence both anecdotal and empirical exists that shows that the election
result was contrived in favor of ZANU PF. This contrived result, which the SADC
region and national institutions have gone on to give force to has the unfortunate
effect of perpetuating the crisis in Zimbabwe, where legitimate government is
concerned, and dims the hopes of Economic recovery, the respect of human and
people’s rights as well as blighting prospects for democratic reform.
SADC,
the African Union and their verdict on Zimbabwe’s Elections
Mr. Chairman, The African Union
(AU) and SADC, as guarantors of the GPA were an integral part of the election observation
in Zimbabwe. Both institutions endorsed the elections, but were non-committal
with regards to the fairness of the process. The AU was very emphatic in
highlighting the irregularities in the election processes limiting the elections from complying with the
electoral guidelines and principles of the two institutions. This further exposed the institutional
weaknesses in applying set standards in member states.
At
its meeting held in Malawi on 17 and 18 August 2013, SADC endorsed the Zimbabwe
elections and also conferred the vice chairpersonship of the regional bloc on
President Mugabe. This was a strong political statement by SADC on Zimbabwe’s
election and also reflected a possible weakening in the strengthening of
electoral democracy in the region. As President Mugabe begins another five-year
term, SADC and AU have exhibited weaknesses likely to affect their influence on
democratization processes in post-election Zimbabwe and other regional and
continental countries.
Mr.
Chairman, On 2 September 2013, the chair of the SADC Election Observer Mission
(SEOM) Tanzania’s Foreign Minister, Mr Bernard Membe, presented a summary of
the final report on behalf of the mission which reproduced SADC’s earlier
endorsement of the general election. In our view, the final report was a mere
formality given that the SADC leaders had already endorsed the election at the
summit held in Malawi on 17 and 18 August 2013. In our respectful view the
final report was a technicality meant to legitimize the already taken political
decision. The above has led us to challenge the report by weighing its findings
against our assessment of how the harmonized elections were conducted in
Zimbabwe using the same SADC Principles and Guidelines. From our assessment it
is difficult to accept the SADC Election Observer Mission (SEOM) report as
acceptable and as credible.
Mr. Chairman,
In respect of the 15 guidelines and standards assessed, there was virtually no
compliance with regards to 8 (53.3%) and only partial compliance in line with 6
(40%). Only 1 (6.7%) principle was fully complied with which relates to the
holding of elections at regular intervals. One of the most important guidelines
regarding the existence of an updated and accessible voters’ roll was not
complied with at all.
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NONE-COMPLIANCE
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PARTIAL COMPLIANCE
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COMPLIANCE
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· Freedom of speech;
· Full
participation of the citizens in political processes;
· Equal
opportunity of all political parties to access the state media;
· Equal opportunity to
exercise the right to vote and be voted for.
· Independence of the
Judiciary
· Impartiality of the
electoral institutions;
· Non-discrimination in
the voters’ registration;
· Existence of updated and accessible voters
roll; and
· Timeous announcement of
the election date
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· Political tolerance,
· Voter education;
· Constitutional and legal
guarantees of freedom and rights of the citizens;
· Conducive environment for free, fair and
peaceful elections;
· Counting of the votes at polling stations.
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· Regular intervals for
elections as provided for by the respective National Constitutions.
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The Role of SADC Going Forward
Mr.
Chairman the foregoing shows that SADC as a regional bloc has failed the
citizens of Zimbabwe in promoting democracy. The conclusion of the SADC
mediation process in Zimbabwe through its endorsement of the 31 July election
has left a lot to be desired as far as the African Solutions to African
problems approach is concerned. This approach certainly needs back up from
other “friends of Zimbabwe” such as the USG, which has stood by the people of
Zimbabwe in their struggle for a democratic society.
As
concerned civil society players, we note with concern that the trend we have
observed in SADC over the past years, starting with the abolishment of the SADC
Tribunal into a lowering of standards for democratic elections to accommodate
elections that do not meet minimally agreed standards, withdraws regional
recourse for victims of political crises who now must remain at the mercy of
ruthless governments.
If
the developing trend and precedent goes unchecked, it spells disaster for the
SADC region, particularly for countries that have elections coming within the
next 12 to 18 months.
Mr.
Chairman, I wish to bring to the attention of the committee, the reality that
democratization is a process. Whereas elections are a necessary ingredient to
democratization, they are not in themself sufficient to deliver democracy. It
is the sum of all accompanying processes like political and institutional
reforms that will constitute a lasting and sustainable democracy for my beloved
country. No doubt, SADC still needs to be continuously engaged to shepherd the
continuation of the political and institutional reform process codified and
started by the GPA. We contend that we are now in a prolonged transition. The
accompaniment of the transition process on the part of SADC, the AU, the EU and
the USG cannot and must not be aborted.
SADC
must be engaged and pressured to ensure that protocols, principles and
guidelines signed by member states are followed to their letter and spirit:
security and defense as well as elections. It must be a watchdog on compliance.
To this end, SADC must be pressured to deploy instruments like its protocol on
Politics, Defense and Security Cooperation, which instrument sets standards for
what could be used to ensure our Security Sector is in compliance with regional
standards.
SADC
must be engaged to ensure that the Tribunal or the SADC Court of Justice being
proposed by civil society organizations in SADC is established to ensure that
citizens have recourse to justice where national processes fail them.
Composition
of cabinet
Mr. Chairman, On the 10th
of September 2013, forty days after the disputed July 31 Election, President
Robert Mugabe finally announced his team to drive government policy and program
implementation for the next 5 years. The Cabinet list depicts continuity on the
front line (The Ministers) and just a little bit of change on the backline
(Deputy Ministers). Outside the new additions, mostly at Deputy Ministerial
level, only one person was dropped from the ZANU PF contingent from the last
government, while a number of people have been restored to their pre-2009
ministries. The initial signals, from
the optics of this cabinet, are bad for the country and its economy because
these were the people who presided over the demise of the same prior to 2009.
Our
reading of the Cabinet composition is that this is a Cabinet for Mugabe and
ZANU PF not for Zimbabwe. Where people expected a Cabinet to service the
country, what they have got is cabinet to service ZANU PF. Where people
expected a Cabinet to enhance the Country’s Economic fortunes, what they got
was a cabinet adept at improving their own and ZANU PF’s balance sheet.
On
the 9th of September, incoming Government presumptive Spokesperson,
Professor Jonathan Moyo, told the media:
“I am coming in to do
any assignment given to me by my boss. I am coming in as Team ZANU PF, and Team
ZANU PF has a Captain”
Mr.
Chairman, ordinarily there would be nothing wrong, and no factual errors with
this statement had Professor Jonathan Moyo been reacting to an appointment to
the ZANU PF Central Committee. But his sentiments put clearly at whose service
Jonathan Moyo, and those he now speaks for in Government, will be. He is in the
service of ZANU PF not Zimbabwe; he is coming in to serve the person not the
people.
The
Minister of Information, in his first pronouncements in that capacity betrayed
the fact that we are poised for a return to the past, where the party and the
state were conflated and where government operated on the assumption that the
people and ZANU PF were one thing.
Professor
Jonathan Moyo’s Principal, President Mugabe, on the 11th of
September 2013, affirmed the above when he enunciated his criteria for cabinet
choices, he said;
“ The decision (to
appoint) was based on how much of ZANU PF you are, how long you have been with
us, and how educated you are.”
It
is apparent from the foregoing that the Cabinet has also been used as part of a
reward system that entrenches ZANU PF’s patronage system, and challenges those
who have remained outside to be more daring in their service of ZANU PF, than
those who have been rewarded.
Mr. Chairman,
One of the reasons why this cabinet was anticipated was also based on the belief
that, whoever Mugabe would surround himself with would give clear indicators of
which direction he would take the country. Our organizational view was that,
depending on who would be chosen, this would indicate whether the President and
his government, would, in terms of the transition, regress, stagnate or move
towards further reform and consolidation of some of the positive gains from the
GNU period.
However,
Mr. chairman, the Cabinet that the country has been saddled with leaves very
little hope that this government can take us forward in terms of consolidating
our democracy. If anything the Cabinet is a loud warning shot that the only
consolidation that it is intent on is ZANU PF’s power through authoritarian
consolidation. This is not a matter of conjecture but can be read from the
strategic deployments that seem to have been made to stifle reform. As things
stand in Zimbabwe, given the new constitutional dispensation that this
Government is supposed to preside over, having a “Hardliner” and historic Human
rights violator of note like Former Defense Minister, Emmerson Mnangagwa
standing guard at the Justice Ministry, is a sure sign that not only will
justice not be done, but also that any legislative reform that may have been
hoped for is likely to die a quick death. However, Mr. Mnangagwa himself, is on
record as saying that contrary to popular opinion, he is “as soft as wool”.
This Ministry of Justice portfolio is not new to Mnangagwa because he has
presided over it in the past but the new circumstances under which he leads it,
present an opportunity for him to show whether he really is ‘as soft as wool’
or he is as ruthless as the crocodile that is his totem.
Mr.
Chairman, a further sign that that the democratic reform agenda is likely to be
stalled during the life of this government can be found in the short but loaded
statement, again by the presumptive spokesperson of Government, Professor
Jonathan Moyo, who on being asked whether there would be media reforms he
simply quipped;
“You
do not reform anything that is not deformed.”
We
believe, Mr. Chairman that this statement, while telling, and while uttered by
the new Minister of Information is reflective of a standing ZANU PF belief
that, contrary to all indications everything is all right in Zimbabwe and its
body Politic. This attitude is likely to
prevail in all sectors in need of critical reform, like the Security Sector.
The New Government and Foreign Relations
Mr. Chairman,
One of the things that seem to be clear from the changes and continuities at
the Ministry of Foreign Affairs and the introduction of Professor Jonathan Moyo
at the Information Ministry is that this government is not keen on new foreign
relations. The developments signal that ZANU PF is preparing to amplify its propaganda
and ideological war. Professor Moyo appears as representative of a set of
ideologues brought in to stem the tide of the propaganda war that ZANU PF was
beginning to lose, especially in the region. Similarly, it appears that
Ambassador Christopher Mutsvangwa, another ideologue, is brought in for the
same reasons in the Ministry of Foreign Affairs to aid Minister Samuel Mumbengegwi,
who seemed to be more of a diplomatic practitioner than a political operator
and purveyor of ideology, which his deputy clearly is. The Deputy Minister will
lead the propaganda charge on the foreign front, while Professor Moyo will
ensure that local state media digs in in the ideological war, but on an
intellectual basis.
Rather
than any real victories on the ideological battlefront, this approach by
President Mugabe seems entirely selfish, and is meant to buttress his status as
the great African who fought imperialism and neo-liberalism at home and abroad,
and won. This move by the President is made with an eye on his legacy and the
fact that he will be taking over the reigns of SADC in August 2014, which
everyone in SADC generally agrees will be a good way to go out for him.
The
new Cabinet will likely be unrelenting in its attacks on the West, and will not
want rapprochement on any issues of difference that may exist now, because that
will mess with the legacy that the President wants to leave.
Both
sides have, already set up this epic match up, Mugabe through his actions,
utterances and appointments including the recent censure of the European Union
Delegation Head and his “ tit for tat “
speech with regards to sanctions.
The
West, perhaps unwittingly, through their reaction and judgment on the elections
that just passed, and their role in colonial history also stoked these fires.
Mr. Chairman,
indications are that while this ideological and propaganda war is waged on the
US and Europe, China’s resource hunger will continue to be fed through
concessions and access to resources. The foregoing, will not take into consideration
the challenges and questions that people already have with China’s business and
development models, which do not promote the creation of sustainable wealth and
development for its target countries. The likelihood is that, China’s
engagement with Zimbabwe under this foreign relations regime, will not yield
sustainable jobs, develop a manufacturing sector or lead to technology
transfer, but will at the political level continue with visible legacy projects
and buildings like the Military Academy and the new parliament. However, ZANU
PF because of their objectives will be happy to still engage with and use them
as a counter veiling force to the West.
Prospects
for Security Sector reform
Mr. Chairman, as stated earlier, the
prospects for Security Sector Reform as is the case with other democratic
reforms, are slim under this new government. There are however limited opportunities
and possibilities that can be explored stemming from the New Constitution,
which exhorts the military to be non-partisan in their conduct and to owe
allegiances to constitution and country. These are however mitigated and
further limited by personnel in the security sector, who are adamant that their
allegiance is to the person of the president not even the institution and the
constitution. There was ample evidence of this on August 22, when President
Mugabe was inaugurated, and leaders of the sector, one after the other also too
their oath of allegiance to the President.
Mr. Chairman, the only other avenue that
exists is SADC if it is persuaded to deploy instruments like its
protocol on Politics, Defense and Security Cooperation, which instruments set
standards for what could be used to ensure our Security Sector is in compliance
with regional standards.
The
State of Opposition Politics in the wake of ZANU PF Dominance
Mr. Chairman, The dominant performance by
ZANU PF in the foregoing elections and their total recapture of the state,
initially dampened people’s spirits. But the fact that this recapture was
conducted based on chicanery rather than free and fair processes, has left room
for the opposition to be in a state where though they were defeated, they were
not disgraced. The desire for change is
still there in Zimbabwe, and this assists in throwing a lifeline to the opposition,
primarily the MDC T that still commands a huge amount of support. It appears that part of the ZANU PF strategy
in ratcheting up the ideological war is also aimed at finishing off the MDCs (as
the lap dogs of the West), who will have to come up with effective counter measures
to what ZANU PF will be throwing their way. The only silver lining from the
situation of the opposition at the moment is that they will not be having the
distractions of government responsibilities, which should allow them to be more
effective.
With a dominant Authoritarian regime, the
need to support alternatives and to continue supporting democratic actors
cannot be overstated.
Diamonds
and Transparency
Mr. Chairman, the issue of diamonds
continues to be a key element of Zimbabwe’s political economy, yet very little
is known about the proceeds that are being hewn from the diamond bearing rocks.
This has been the case since the discovery of the same in 2006, and the Finance
Minister from the Inclusive Government on numerous occasions professed
ignorance around the issues of revenues from Diamonds. Outside the issue
of the revenue flows themselves, there is also a dearth of knowledge on the
concession granting process, which adds to challenges around tracking diamond
revenue outflows, with a lot of the information in the public domain being
conjecture. Added to that is the opaqueness in the exploration of the Marange
diamond fields.
Mr. Chairman, What can be stated, as fact,
in light of the above, is that while there is increasing extraction, the same
is not matched by revenue flows to the national fiscus. For instance in 2012,
an estimated Eight Hundred Million Dollars worth of diamonds were declared as
exported, and only about Forty Three Million Dollars was remitted to the
national fiscus. As a result of lack of transparency and unwillingness to
enhance national diamond beneficiation, there is suspicion that part of the
diamond revenue could be sponsoring illegal arms procurement and other illicit
deals under the Zanu pf stewardship.
The Kimberley process (KP) is still
important in blocking conflict diamonds from entering the global market,
however if there is no deliberate attempt to reform and give it teeth, the
platform risks becoming irrelevant and can eventually be used as a vector to
perpetuate the trade in conflict or blood diamonds. With the emergence of
Diamond producing countries such as Zimbabwe who might not otherwise be
experiencing a civil war, there is need to robustly push for the reform of the
KP and cause for redefinition of conflict diamonds with a bias towards human
rights.
Mr. Chairman, we reiterate that the
International community must continuously put pressure on the government of
Zimbabwe to allow civil society and other critical actors to monitor activities
in the Marange diamond Fields in order to enhance accountability and
transparency. The Inclusive Government had covered ground in ensuring
accountability and transparency and accountability in the extractive industry
including diamonds through the Zimbabwe Mining Revenue Transparency Initiative
which was under the office of the deputy Prime Minister. The US government and
other international players need to implore the new government under the Zanu pf
stewardship to support and strengthen this initiative since it can play a
pivotal and strategic role in enhancing Zimbabwe’s beneficiation and value
addition in Diamonds and extractive industry as a whole.
The New Cabinet announced by President
Mugabe has delivered a new Minister in Walter Chidhakwa, but at this early
stage it cannot be told whether this will lead to changes in how the Ministry
and the sector will be managed.
USG Support and engagement going forward:
Mr.
Chairman, on a balance, I have no doubt events in Zimbabwe will in the foreseeable
future, tilt towards pro-democracy forces. No matter how small they may seem,
gains towards democratic reform codified in the constitution of Zimbabwe as
adopted in March this year must be interpreted in light of a long and tiresome
road to democratic reform. These gains must be protected, defended and
consolidated, as they remain part of our hope for a better Zimbabwe.
Mr.
Chairman, let me recall that your country has immensely contributed to the
development of my country over the past decade and beyond. I am aware, Mr.
Chairman, that in the 10 years between 1998 and 2008, just before the formation
of the Inclusive Government in 2009, assistance directed to Zimbabwe via the
USAID-Zimbabwe mission had surpassed the US$1billion mark. This support, directed
towards improving the livelihoods of Zimbabweans and strengthening democratic
processes and institutions promoting the same, continued to rise throughout the
life of the Inclusive government.
Mr.
Chairman, I note that as the USG continued to offer the said support, they also
maintained targeted restrictive measures regime aimed at encouraging reform on
the part of Mr. Mugabe and his inner circle. An attempt at reforms mediated by
SADC could arguably be in response to the impact of the restrictive measures,
among other internal factors linked to continued misrule by the regime of
President Mugabe. The dual approach where the USG maintains a restrictive
measures regime to encourage reform, whilst offering continued Humanitarian
assistance and support towards livelihoods and democratization through the
USAID Mission and other initiatives such as the PEPFAR and contributions
through the Global Fund to fight HIV/AIDS, Malaria and Tuberculosis, to which
Zimbabwe is a beneficiary has worked well and must be maintained.
Mr.
Chairman, it is my belief that any action on Zimbabwe that the USG can take
will be more effectual if it is taken in concert with other members of the
International community. Fragmented actions and approaches will do very little,
yet feed the propaganda machine that ZANU PF has just re-oiled and is ready to
deploy.
I
believe that though, it may seem demanding and unfair, it is true that to those
whom much is given much is also expected. Our expectation of the USG is to
continue to stand with the people of Zimbabwe in their search for democracy,
and should not sacrifice these democratic ideals for political expediency. We do not make these expectations guided by
any sense of entitlement but we genuinely believe that the USG has the capacity
and reach to engage with SADC and persuade it to not abrogate its
responsibilities around promoting democracy as outlined in its own treaties.
Mr.
Chairman, in the face of recent developments in Zimbabwe, the above approach
seems to be the best way the USG can accompany Zimbabweans’ efforts,
particularly pro-democracy groups, towards a democratic society.
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