Zimbabwe is a mess. It is also a police state pretending to plan to have free and fair elections. Our wise leader continues to pretend this is going to be possible. I can therefore only concur with the following statement of the Centre for Human Rights at the University of Pretoria.
The Centre for Human Rights, at the Faculty of Law, University of Pretoria, calls on President Mwanawasa, in his capacity as Chairperson of SADC, and on President Mbeki, in his capacity as SADC mediator on Zimbabwe, to take all possible measures to ensure the immediate and extensive deployment of SADC observers in Zimbabwe.
It is encouraging that President Mbeki has already voiced his support for the deployment of SADC observers, and that he reminded member states to make the necessary resources available for this purpose. However, these observers should not focus primarily on monitoring the polls on voting day, but should be put in place as soon as possible to cover the period leading up to the elections and a reasonable period thereafter. These observers should also be representative of SADC as a whole.
An election is a process, consisting of three main phases: (1) the pre-election period; (2) the voting day itself; and (3) the period between voting and the release of results. If election observers focus on what happens on voting day only, the important determinants of a free and fair election prior to and after voting day would not be taken into account.
At the moment, there are clear indications that the pre-election conditions are not only making a free and fair election impossible, but are skewed in favour of the candidacy of President Mugabe. Even if people are allowed to go to the polls on voting day, free and fair elections are impossible due to the harassment, arrest, detention and even disappearance of activists and leaders; restrictions on the media; and fear and intimidation of the population and non-governmental organisations.
According to SADC’s own ‘Principles and Guidelines Governing Democratic Elections’, the SADC election observation mission should be deployed ‘at least two weeks before the voting day’ (para 4.1.10). Under the specific circumstances prevailing in Zimbabwe, the ‘normal’ period of two weeks should be increased as much as possible. It is imperative that all efforts should be made to get as many observers into place, covering as extensive an area as possible, as soon as possible. The elections, scheduled to take place on 27 June, is just 16 days away. Observers should be on the ground now, and should stay at least until election results are announced.
Observers should insist on the full compliance with the SADC Principles and Guidelines, which includes the following:
The government must safeguard the human rights and adequate security of all stakeholders and parties (para 7.4; 7.5).
The observers must have unimpeded and unrestricted access to all polling stations and counting centres (para 7.19).
Once deployed, SADC observers must submit regular reports, so that matters requiring urgent attention may be dealt with by the appropriate SADC organ.
To ensure a credible election, as many observers as possible should be allowed into the country. Presidents Mwanawasa and Mbeki should insist that Zimbabwe allows other observers, in line with the African Commission on Human and Peoples Rights’ ‘Resolution on the Forthcoming Run-off Election in Zimbabwe’, adopted in May at its 43rd ordinary session. In this resolution, the African Commission requests that the Zimbabwean government allows ‘both national and international election observers to observe the entire electoral process, so as to enhance the credibility of the electoral process, and acceptance of the results of the elections by all contesting parties’.
The Centre for Human Rights further urges Presidents Mwanawasa and Mbeki to exert all possible pressure on President Mugabe to halt violence, intimidation, and selective use of to law stifle opposition, and to abide by the SADC Principles and Guidelines Governing Democratic Elections and the Zimbabwean Constitution and Electoral Act.
The statement makes clear that the Mugabe regime is not adhering to principles adopted by African bodies and African states and that SADC principles adopted by all SADC countries are being flouted. Yet nothing is being done or said publicly – either by Mbeki or by other SADC leaders – to address this serious breach.
This has nothing to do with imperialism or attacks by Western countries on the Mugabe regime. Our own African bodies, using principles adopted by African states are not being adhered to. It makes a mockery of the African institutions that are supposed to help us shepherding in an African Renaissance.
Thanks Pierre de Vos
Finally, a real article. I sincerely await comments in this regard. I am currently sharpening my knife for this!
Mqo, Mqo, Mqo…
Yes Prof, Zimbabwe is a mess and similar to all failed African states, is one were the blame is not squarely on incompetent political leadership (Robert Mugabe and Thabo Mbeki included) but a reluctance of African people’s to face hard facts and truths. Note however, that, what is happening in Zimbabwe is history in the making, which I feel that Africa at large is failing to grasp. As one person so equivocally put it, it is a new and will, be a continuous movement for a democratic change and an advancement of the ordinary peoples, but most importantly it is the beginning of the end and collapse of the old liberation movements (Zanu PF, Swapo, Kanu, ANC and Frelimo) into the new dispersion of a new leadership and ideology which answers and deals with situations on facts, rather than dwelling on conspiracies, hidden forces or that ever present third force. Leadership that can realise and call events as they are, rather than keeping quiet and hoping for the best? We so-called born-frees grew up under an education system where we were taught from a viewpoint that aimed to perpetuate a distorted and racist argument , which inclined us to believe and see everything foreign, as disdain and undesirable, as a plot, by the former colonists to re-colonise ‘us’. While I understand that history has to be rewritten from the victim’s point of view what I disagree with is that it must/has to be largely biased towards the victims. [Such as South Africans refusing to acknowledge that when the NP first came into power the vast majority of the electorate (i.e. the white minority) voted against the party and its polices]. The scenario in what is happening in the world stage in connection to Zimbabwe is just a side issue. What should be realised however is that a new movement away from this ideological base is slowly taking place. Although at the present moment it may seem as if the people of Zimbabwe are helpless, but inwardly they are like a ‘wave which starts way out in the ocean and gathers momentum from resistance, changing the course of history which will lead into a huge switch of power’. It does not matter that the opposition MDC got some of its facts wrong, quarreled internally, had some unattractive allies and seemed rubble-like and disorganised; it will end with the unthinkable…a liberation party losing power! Of importance however is that this is (or will be) a journey for the whole of Africa. And like all journeys it will bring us face to face with ourselves. One liberation party is on its way out, I ask which one is next……the ANC? I say this because the ANC (like the current ZANU PF party) is so sanctimonious about the white apartheid government and the years gone by. ‘They are systematically allowing the powerhouse of Africa descend into yet another African basket case’. When we see convicted criminals entering prisons as heroes (think Tony Yegeni), when we see democratic institutions been disbanded due to fallacious reasons (think of the Scorpions), when courageous law enforcement officers are encouraged to leave office (think McCarthy) and a President who (admittedly unproven) is guilty of corruption is to become the defector President they comes a realization that the only difference between South Africa and Zimbabwe is time.
Khosi, Khos Khosi……..
Just to add, Zim is fine and it is hard to find anyone who did not vote for change, but it is equally hard to find anyone who will do anything if they are denied that change.
Sad to think that the hopes of this country is in the hands of TM. Im holding not my breath that he will do anything, i still want to live
Prof de Vos – I thank you on behalf of the people (Matabele, MaShona and others) of Zimbabwe for this post. However, don’t you think that there should be a push by all (not only some of the major) universities in SA (the respective Human Rights Institutes or Departments) to endorse this statement (emanating from Tukkies, nogal!) with which you (and I, … and so many others), so respectfully to Thabo Mbeki, concur?
Prof de Vos – “It is also a police state pretending to plan to have free and fair elections. ” Thus far the ‘pretending’ has not been too successful, don’t you agree? It is almost as if the police in Zim (and Bob) are pretending that there had been a vote, an overwhelmingly positive vote in favour of Bob and his cronies (especially ‘Bright’ Mathonga) – almost like the ‘Anschluss’ a little more than five decades ago.
“Our wise [and illustrious] leader” – Prof de Vos, do you realy think that much of him? Z, Khosi, I know, ad hominem! The lowest kind of argument. But, come on guys, where has Thabo Mbeki been the past few months (with Zimbabwe, Xenophobia, Crime, Hlophe, Zimbabwe, Crime, Xenophobia, Zimbabwe, Million (eight thousand) man march against crime, Zimbabwe)? Everywhere abroad except in South Africa, where he is President! Surely, the Devil wears Prada. (As one blogger, Henri, asked on the previous post – Is that speech Khosi referred to from the Pravda?)
Police state? My arse! And I thought the SA Police State under Verwoerd, Vorster and Botha was a nightmare? The current arrests and forced dissappearances (of diplomats; NGO [UNAid] members; and, opposition leaders and supporters alike) makes apartheid appear like Mikey Mouse – as someone on a talk show (ten or eleven years ago) said,”I mean, even Woody Woodpecker, gets pretty violent these days’!
Mqo,
I love your essay, but is at the same time astonished by it. Could not imagine that I would hear that from a { I suppose } Black person!.
Suddenly there’s hope.
Do you also think that the country should “outgrow” the liberation movement-leadership and their way of thinking and acting that is currently suffocating the country – and dragging its name and the potential of its people { and actually its massive underlying potential for reconciliation and bonding as a nation} through the mud?
Doesn’t we need the old UDF- leadership to step to the fore and oust these backward looking Africanists?
The current situation { I sometimes feel } is the mirror situation { vice versa } of what you would have had if the old regime stayed in power and its military and other leaders were now in cabinet, etc. With their dated ideologies and baggage out of the struggle. It would have been the same desperate situation. { Just turned around.} With apparently no hope or new fresh outlook.
Can’t we dump the whole bunch and move forward with fresh, modern leadership as a nation?
I suppose this was expected to happen sooner or later lhttp://www.nehandaradio.com/zimbabwe/military/resistancemove050608.htm
I’m sorry, the link did not seem to work, so I post it again http://www.nehandaradio.com/zimbabwe/military/resistancemove050608.htm
Mqo
Thanks for continuing your contributions. I enjoyed reading your perspective and look forward to hearing other people’s perspectives on it!
You have to applaud Zimbabweans for trying so hard to use all democratic and peaceful measures possible to bring about change. Mugabe has a long history of believing in violence and using food as a tool (even in the 80s).
If they truly are going to start an armed struggle then you can truly say they tried all peaceful means. Defense force leaders and even Mugabe’s wife have reportedly stated that they will NOT accept and MDC win. Is that IN ITSELF not enough grounds for saying that a climate for free and fair and peaceful elections does not exist?
It’s almost as if Mugabe or his followers know how to wage a campaign that just remains on the border of extreme. If he had gone in and shot up the place killing at random, he would have gotten a lot more slack. But when it comes to Africa it seems that people don’t care if a a few 10s of people die.
It seems they are using minimum force to keep control, yet not get too much slack from SADC. That is if SADC really has any power.
The reason why the South African government (through President Thabo Mbeki) is loath to do anything regarding the Zimbabwean crisis is pretty much summed up in the Foreign Ministry’s lack of understanding of international law (especially humanitarian and human rights law) issues. Xolile Mabhango, Deputy Head of Multilateral Affairs reportedly http://www.news24.com/News24/Africa/Zimbabwe/0,,2-11-1662_2338270,00.html
said that debates about the problem in Zim are not supposed to be on the UN Security Council agenda. “Debates on Zimbabwe in the UN Security Council have only been about the humanitarian situation. Zimbabwe does not pose a threat to peace and security, which is the mandate of the Security Council.”
This demonstrates a clear lack of understanding of the concept of ‘international peace and security’, which has for eons no longer been confined to breaches of the peace and security between states. One of the building blocks (elements) of a state (international actor) is a population. A state (and the community of states) cannot exist without humans, and humanitarian law and human rights law have become very important branches of modern international law. Crimes against humanity and other international crimes like genocide are regarded by the international community of states to threaten international peace and security, albeit only occuring within one state. Therefore, the UN Security Council has in the past, acting under Chapter VII of the UN Charter, created international criminal tribunals to punish such crimes. Such crimes have according to all available indications been committed in Zimbabwe following the March 2008 elections – assaults, murders, forced dissappearances, etc. Surely, this poses a grave threat to the peace and security in Zim, and in its relations with other states, so as to justify interference by the UN Security Council. The UN Security Council is the only international body that can take binding decisions as far as states are concerned, and the General Assembly cannot. Remember that apartheid was in the end overcome as a result of constant Security Council intervention? The same goes for the situation in Zim.
Henri
I don’t get why you are astonished with what I wrote. My main contention is that it is that view in that since I am black and African I should think (and agree) with what (I presume you believe) is only African and black like. That is why I said what is happening in Zim is a turning away on a massive scale of that distorted and one sided viewpoint that Africa should think and see the world from one dimension and paradigm. Maybe I really don’t understand what you mean really, please state your point!
Alphabetical z
Yes, Zimbabweans have tried ‘so hard to use all democratic and peaceful measures possible to bring about change’. But note that not in a thousand years will we start an armed struggle. That is exactly what the government wants. When defeated it then afford the future Khosi’s (sorry only bring a known character to illustrate my point) arguing that Mugabe is a liberation martyr killed by the west to advance their re-colonisation agenda. This is similar to the belief by the vast number of South African who shout that Steve Biko was some kind of saint, when in actual fact a closer study of his Black Conscious Movement was REALLY a black form of racism. This is in no way a point of disrespect of his contribution in the fight against apartheid, but we should state facts (regardless of how painful) as there are!
Mouse,
It was the 4,000 men march. Do you really think a president of a country should accept pertitions everytime 4,000 people march for whatever reason? He sent 3 Cabinet ministers, what more do you want?
When a democratic process goes awry and delivers incorrect (mostly populist) result, who should take the blame when things go horrible wrong down the line?
I say it the leaders who stood by when a democratic process went awry.
Khosi
“what more do you want?”
How about acting decisvely on the sitution?
Mqo,
Stop writing rubbish just because you think the man is complicit to the ruining of your Zim. Mbeki has been president for 9 years. Mugabe on the other hand 28. A little maths 28 – 9 = 19. That means the likes of you had at least 19 years to identify fault in the man and vote him out. You kept on voting him back into power, election after election. Now why is that TM’s fault when all he is doing is helping a situation that you and other Zimbabweans were and are still too timid to avoid/stop.
You and other Zimbabweans are to blame for what is happening in Zim. Face up to that and you might be able to achieve whatever your agenda is.
Khosi
Yes I agree that Zimbabweans brunt most of the grant of what is happening in that country, but similar to the fight against apartheid WE all fought against that system. Just imagine if WE had said, “Now why is that our fault or has to do with us. South Africans should fight their own battles and not involve us in their internal affairs. South Africans should Face up to the apartheid system on their own and maybe the ANC will achieve whatever their agenda is.” After all it is NOT an international security issue! And am i beginning to see a similarity between your and Zanu PF which calls any dissenting view ‘rubbish’. In a democracy we call it a difference in opinion. Or I forgot in South Africa that is called racist talk led by an ‘unknown apartheid forces’, that is regardless of the facts at hand.
Correction
We never did vote him into power all those years. A look at the electoral history will show that HE never did have the majority support and a study will reveal that HE stole seven of those elections that he cliams to have won! That is after all the bone of contention in the current Zimbabwe political situtation, a free and fair election.
Anywhere who said South Africa is not doing a similar mistake in voting for the ANC. Time will tell.
Apartheid and Mugabe are two totally different thing. Comparing the two is just weak and I will not dwell too much there.
Let me refer you to what I said earlier:-
‘When a democratic process goes awry and delivers incorrect (mostly populist) result, who should take the blame when things go horrible wrong down the line?
I say it the leaders who stood by when a democratic process went awry.
‘
Khosi – “It was the 4,000 men march. Do you really think a president of a country should accept pertitions everytime 4,000 people march for whatever reason? He sent 3 Cabinet ministers, what more do you want?”
A few questions spring to mind. Did you count the people yourself? (Other observers estimated 8,000.) Is the alarmingly high crime rate in the country merely “whatever reason”? Or, is it so paltry a reason that the President of South Africa has no time to listen to the voice of a few thousand people, but would rather sit and read something in the Union Buildings (see the cartoon in Beeld today – unfortunately Zapiro is on leave) and send big mouth Nconde Balfour to listen and speak to the masses instead? Is the fact that so little people turned up for the march the measure that is used to decide whether the President of SA will accept their petition in person? And, how many people (delagates) at Polokwane voted TM practically out of office (although their voice will only kick in in 2009)? Why couldn’t Mbeki himself have accepted the petition? After all, as we have seen on the link Z posted on the Hlophe post below, his diary is empty. Is he so important a man in his (and your view) that he will not listen to a few thousand people’s cries for help?
And, my, but you are quick to jump to conclusions that Mqo is “writing rubish” just because he thinks TM is complicit in ruining of his country. The fact is, through his silence, and even his implied support of the Mugabe regime in the face of violence that threatens to erupt in a humanitarian crisis that could even exceed the brutal crimes against humanity perpetuated by the apartheid regime; while he is in a position to intervene, through SADC, the AU, the UN Security Council, he has become not only complicit to the Zim crisis, but a co-perpetrator.
Khosi – Apartheid and Mugabe’s regime are not two different things. When one takes the Matabeleland slaughters into account, and the police brutality that currently rages in that poor country in order to secure another win for Mugabe even though the majority of people has lost trust and faith in him as a leader, that is clearly apartheid – the only thing is, it is not a white/ black thing, but a black/black thing. That does however not detract from the actions being perpetrated there to fall squarely within the definition of the international crime of apartheid.
Rat,
Lets put the figure of attendees at 8,000. While we are at it lets add 2,000 no…. lets add 2,00(1) and put the figure at 10,00(1). The one at the end is meant for you, did you attend? Is the correct figure 10,000 or 10,001?
Khosi, I was there. Where were you?
But, rather take up the argument and engage with it, rather than taking the weak view that TM can do nothing wrong.
I agree with you generally, Pierre, except that you may be wrong in saying the concerns re Zimbabwe have “nothing to do with imperialism or attacks by Western countries on the Mugabe regime. Our own African bodies, using principles adopted by African states are not being adhered to.” I don’t think one can completely discount that AMERICA must necessarily share some blame for anything that happens anywhere at any time whatsover,
Oh, when did the Matabeleland land issue happen? When did the so called ‘land grabs’ happen? At both events what was the status of Mugabe,s government in international institutions like UN, Commonwealth etc. And what receptions did he(Mugabe) get from the so called western powers during and after both instances. Did he, for example, go to Britain and the US for state/official visits and when were these?
Rat,
Do you have pictures? You word is not strong enough, I want evidence.
Well, he recently went to the international food crisis convention in Europe while his people at home are starving as a result of his, shall we call it, dictatorship?
Khosi, why is it so important to have evidence that a puny little faceless rat attended the march? The President would surely not have come out just because he knew that anonymouse was there?
The mouse is innovative with facts. I think the mouse was not there.
Mqo
See the link mouse posted. It claims that an armed struggle has begun!
I think we are way off the point here, Khosi. I would in any case have loved to continue debating the point whether I was at the march and whether it was important enough for the President to receive the petition himself, but this is not the time or place. Point is, while Thabo Mbeki has been mandated to help solve the crisis in Zim, he has failed (or rather, bluntly refused) to accept that there is a crisis despite overwhelming evidence that there is – and that makes him complicit in the crisis. Now, I have to run, duty calls. After a relatively slack morning due to bureacratic nonsense, I have to go and see to it that at least a few of the criminals that inspired the dream of a Million-man-march are put behind bars for afew years.
Alphabetical z
That article is just a tip issue. Yes their are (and have, and always will be) those advocating action away from the majority view and stand point, but in all respects it Won’T led to such, as TM would say, Trust me on that one.
Anywhere similar to all societies they are those with twisted views and opinions. Yes we may say listern to Khosi views, but that does not mean we have to beleive in all of what he writes.
Run Rat Run
Khosi
>’I say it the leaders who stood by when a democratic process went awry’
And your point is……?
Mqo,
Democracy is not perfect, someone has to take the responsibility of regulating it. Look at George Bush and you will understand the fallability of the democratic order.
I think there’s a pretty fair summary and commentary of the situation and modern history of Zim on Gavin Evan’s blog.
http://www.gavinevans.net/?p=517
The point Mqo has been making has also been made by Steven Friedman of Idasa for some time. That the bad ruptures of violence we see in Zim, Kenya, and Polokwane to an extent, is a sign of true democracy reaching Africa.
I would say that you can add the warning Zuma received in Bakerton springs to this.
Congrats to the mouse for being at the march, and shame on all those you were not, unless you think crime is not a problem.
Also Micheal are you the Michael Osborn that I read of in the Mail & Guardian this week?
http://www.mg.co.za/articlePage.aspx?articleid=341239&area=/insight/insight__national/
@ Khosi,
I am confused as to what you are trying to achieve in bringing up the Matabeleland issue? Are you trying to convey that the apathy of the Zimbabweans is to blame for the current situation?
I cannot infer this from anything you have personally written (so forgive me if I am wrong) but from other people’s responses to what you are saying, it seems that your are seeking to draw a distinction between the apathy of Zimbabweans and the ‘pro-activeness’ of the South African liberation movement vis a vis their oppressors. If this is indeed your position, despite myself I feel compelled to point out to you that the ANC appears on an amnesty international index as one of history’s most ineffective liberation movements and the oprressed South African population spent a substantial amount of time engaged in violent conflict amongst themselves (as opposed to their oppressors) so I do not believe that this position provides us with a morally-sound basis to deny our Zimbabwean neighbours help in their time of need.
As regards your observation that Mbeki has only been in office for 9 of the 28 years of Mugabe’s rule, this smacks of a disingenuous attempt to evade responsibility on his behalf. Mbeki’s approach to Zimbabwe is no longer one of ‘quiet diplomacy’, it is complicity! What of the off-the-record letter, chiding George Bush for ‘taking sides’ and the flouting of procedure and disregard for our constitution in order to expedite the transit of a very cynister consignment to Zimbabwe? No, no, no – its going to take more than chronology to absolve Mbeki.
@ Mqo …
Thank you for your balanced and insightful posts.
Pierre de Vos
Can you led me to the judgement you wrote about on the decison of the SCA in,
http://constitutionallyspeaking.co.za/?cat=11
The situation in Zim is realy bad but I think the question we should be asking is where is the anc. One can not realy run away from the fact that the anc is ruling Africa. I move to disagree with you Mqo. Even if this liberation party is obssesed with apartheid, that is all in the interest of safegaurding this country and teach the new generation where we come from.
I believe they are still going to be around for a very very long time. Or in the words of their president “till the second coming”.
“… the question we should be asking is where is the ANC.”
Yes, Thabo, that is the question. And a very good question it is too. Where, indeed, is the ANC when we need it?
So now that the real Thabo on here, we can assume that Khosi is indeed Khosi
I agree with Thabo that the ANC won’t dissapear quite yet. The question is if Zuma & co will heed the Bakerton warning and stop ruling it as a clique for the few.
For if they don’t the ANC will be past tense but not before the country is ruined.
Wessel, Yes — although Pearlie Joubert’s misuse of the adjective “top” may make it difficult for me ever to trust anything she writes ever again.
When bloggers ask ‘where is the ANC?’, what do they say the ANC should be doing? I am a bit confused.
Wessel & All,
I am not TM but its always flattering when bloggers think that I might be TM.