Young People Seeking Safety Week to be held across the UK

Young People Seeking Safety (YPSS) is organising a week long nationwide event for the purpose of raising awareness about the hardships met by unaccompanied young people seeking asylum in the UK.

YPSS Week will take place between 28 March and 3 April 2011 where community groups will host events and exhibit music, film, and photography based on and performed by young asylum seekers. YPSS is a network of organisations and individuals with the joint purpose of promoting the rights and safety of young asylum seekers. The network includes the following groups: Bandbazi, Bristol Defend the Asylum Seekers Campaign, Cambridge Migrant Solidarity, Child Victims of War, The Freedom Club, Ki Sounds, National Coalition of Anti-deportation Campaigns, Oldham Friends of YPSS, Somerset Racial Equality Council, and Speak up for ‘Saif’ Campaign – Plymouth. The events will take place in Oxford, Glasgow, Brighton, Manchester, Plymouth, Cambridge, Leicester, Somerset and Bristol.

More information about YPSS and details of this event can be found on their website here (http://www.youngpeopleseekingsafety.co.uk/).

Violence and human rights abuse continue in Zimbabwe

By Kevin Ngwenya

Zimbabwe Unity Government has failed to keep its promise to reform state institutions to prevent violence and human rights abuse and perpetrators are given the all clear.

The situation on the ground echoes fears expressed by Amnesty International Africa Director Erwin Van Borght in June this year. Then, he warned Zimbabwe could face a new wave of political violence in light of attacks on independent monitors activists by alleged supporters of President Robert Mugabe’s ZANU-PF party during the constitutional revision public outreach process.

Almost two years into the rule of President Robert Mugabe and Prime Minister Morgan Tsvangirai,  torture, harassment and politically motivated persecutions of human rights defenders and perceived opponents have persisted. Human rights defenders in Zimbabwe are systematically targeted and subject to arbitrary detention, arrest, disappearance and torture by Mugabe’s Zanu PF militias .

Signs are slowly showing that Zanu PF is starting to prepare for elections. Torture camps are cropping up. Mugabe recently revealed he was tired of the coalition deal and wanted an early poll so there could again be one man in charge of the government. He told his party conference on Friday that the country’s uneasy power-sharing government ” can’t be allowed to continue.”

“We agreed to work together … as a compromise to enable us to sort things out, establish peace, political stability, now some are dragging their feet,” Mugabe told members of his Zanu-PF party.

Across the country there remains fear that violence will mar the run-up to the election, as happened two years ago.

Zanu PF is pushing the issue to remove the sanctions . Once the sanctions are lifted members of Zanu will go overseas and grab their wealth ,stolen in Zimbabwe but hidden abroad and take back their assets to local banks . Once they do that come elections they will revive torture camps and people from oppositions will be killed and then if they bring back sanctions it will be of no use.

SADC must act now to ensure people of Zimbabwe are safe for the period leading to the elections. I strongly believe the SADC must play a leading role to make sure the referendum and the constitution making process and elections are conducted freely and fairly.

*Kevin Ngwenya is an MDC activist and human rights campaigner based in Leicester

HAT News is precluded from expressing a corporate view: any opinions expressed are therefore those of the authors.

Namibia photo exhibit highlights need for free movement

A photo exhibition on cross-border traders in Southern Africa has put the spotlight on the need for the free movement of goods and peoples in the region – writes Munyaradzi Makoni.

“We wanted to show the role the sector plays in uplifting communities from poverty, and employment creation, yet the traders are affected by many of the structural deficiencies,” the Rev. Malcolm Damon, director of the Economic Justice Network, a grouping of Christian Councils in Southern Africa, told ENInews recently.

Damon, a Methodist cleric, said they gave the traders from Malawi, Tanzania, Swaziland and Mozambique cameras to take photos and tell their own story in a unique way.

The photo exhibition, showing trading scenes within the 14-member Southern Africa Development Community, was launched during the 13-15 August 6th Civil Society Forum in Namibia. The traders captured pictures reflecting poor transport networks, street level bureaucracy, the confiscation of goods, xenophobia, high tariffs, corruption, sexual harassment, and delays at border posts.

Focusing especially on marginalised women, the exhibition, held in a Roman Catholic Church hall in Namibia, ran alongside the 30th SADC (Southern African Development Community) heads of states meeting.

Read more

MDC Leicester Branch Vows to Work Together

By Tichaona Manomano

The Leicester branch of the MDC Midlands North District commenced the year with a vibrant meeting on 09 January 2010 recording a massive attendance of members. The chairman, Mr Tawanda Machakaire asked members to provide ideas about events to be considered for the current calendar year.

It was suggested that the branch could; have barbeques, hold branch vigils, prepare food for sale during meetings, arrange for a stand during the Caribbean carnival, sponsor a marathon and promote Zimbabwean dance and modeling contests, social events including voluntary work, as part of the MDC’s contribution to the community.

Mr. Lawrence Madziva suggested that the branch holds three prayer meetings a year. As previously agreed during the end of year meeting on 12 December 2009, members agreed with the suggestion by the Vice Women’s chairperson (Mandiwengerei Zambezi) that the first prayer day be held in February or early March to coincide with the Government of National Unity’s (GNU) peace talks in Zimbabwe.

She went on to report that there have already been consultations with one Pastor and significant progress on the matter has already been made.  A committee that was set up comprising; Messrs. Zororo Mataruka and Lawrence Madziva, Mrs Juliet Makande, Miss Mandiwengerei Zambezi, Ms  Mary Muteyerwa, Ms Tryness Uzande was expected to provide feedback on progress during the next general meeting.

Women members took the opportunity to introduce their newly elected women’s committee comprising:

Juliet Makande                      Chairlady

Mandiwengerei Zambezi         Vice chairlady

Wendy Zhakata                      Secretary

Leah Muzhuzha                       Vice Secretary

Mary Muteyerwa                     Treasurer

Nyarai Gaba                            Vice Treasurer

Tryness Uzande                       Organising Secretary

Sheila Ndarukwa                      Vice Organising Secretary

Ashayi Chimuka                       Information and Publicity

Jennifer Senzere                      Committee member

Monica Baira                            Committee member

Wendy Zhakata (Women’s Secretary) reminded women that they should kick start fundraising events during all forth coming meetings. Anthia Ndlovu supported Wendy’s suggestion saying many MDC members are being discriminated by ZANU PF officials in food distribution programmes.  She proposed that as a party and a branch the MDC have a duty to look after our constituents.

The treasurer, Mr Ashton Zaranyika asked members to take their financial contributions seriously since the money was needed for venue rentals and other out of pocket expenses.  Mr. Dave Chitombo echoed the same sentiments asking members to contribute generously towards the funeral of Mr. Tshuma’s son who passed away at the end of 2009 as it is our moral obligation to do so.

Mr Pelani Ziba introduced the topical issue regarding the volatile situation in Zimbabwe and the precarious state of the GNU and, many were of the view that ZANU PF was an unrepentant and pathologically dishonest partner in government.

As a party, ZANU PF is making a mockery of the GNU by violating with impunity, the provisions of the Global Political Agreement (GPA) that was sponsored by SADC and is responsible for bringing about the relative but, fragile peace in Zimbabwe today.

There was a general consensus among those present that ZANU PF was determined to inflict untold suffering on MDC members through abductions, false imprisonments, selective use of the law and torture especially, during the run up to a General election so that they can foist upon the electorate, an illegal regime hell-bent on safeguarding its ill-gotten wealth.

While there has been an encouraging economic upturn since the inauguration of the GNU, the same cannot be said about the political prospects of the country.  ZANU PF’s siege mentality is showing no sign of abating as the Party continues to frustrate the constitutional reform process, sponsor violence against members of the MDC and disregard with calculated malice, the provisions of the GPA.

Mr. Prime Somerai advocated for more involvement from members in all party endeavors. Members promised greater participation in the year 2010 in order to defeat and remove ZANU PF from power, a feat that can only be achieved through cooperation, perseverance, fortitude and patience.

The meeting ended on a high note with the chairman encouraging cohesion and efficiency from everybody in order to achieve the Party’s goals. The meeting ended with all members promising to stick together as a Party and as Zimbabweans.

Tsvangirai: Personally I dont know Mugabe’s Intentions

New Zimbabwe – PRIME Minister Morgan Tsvangirai says he expects a constitutional referendum
to be conducted in October allowing general elections, which will end the
life of the coalition government, to be held in 2011.

Early this month, the MDC-T leader appeared to resist pressure by SADC
facilitator President Jacob Zuma that the country speeds up implementation
of GPA reforms in order to hold elections next year.

However, speaking to reporters in Switzerland, where he is attending the
World Economic Forum meetings, Tsvangirai endorsed Zuma’s time-line.

He said he expects the ongoing exercise to draft a new constitution to be
completed in time for a referendum over its adoption in October this year.

Read more

‘SADC mustn’t tolerate Zim’s abuse of Tribunal’

African lawyers have warned that Zimbabwe’s blatant disregard of regional court rulings was setting a bad precedence for respect of continental bodies and called on the African Union and the Southern African Development Community (SADC) to take decisive measures to defend their institutions of justice before they become irrelevant.

Reacting to Zimbabwe’s decision last month to withdraw from all cases involving the Windhoek-based SADC Tribunal, representatives of African bar associations and rule of law organisations castigated the announcement by Justice Minister Patrick Chinamasa that Harare did not recognise the authority of the regional court.

Chinamasa told the Tribunal that Harare would recognise its authority only after a protocol establishing the court was ratified by at least two-thirds of the 14-nation bloc’s members as is required under rules and procedures governing the regional grouping.

The African lawyers urged the AU and SADC to “encourage the government of Zimbabwe to comply with the decisions of the SADC Tribunal rather than to use disingenuous and convoluted legal arguments to destroy the Tribunal, in an apparent quest to avoid submitting to the rule of law”.

The regional and continental bodies should also strengthen and defend its institutions of justice when they make decisions, which are within their competencies, according to the lawyers who concluded an annual meeting in the Tanzanian town of Arusha last week.

“Failure by the SADC and AU leadership to vigorously defend regional and sub-regional judicial organs from such a blatant assault is likely to have a contagion effect throughout the continent,” the lawyers said in a communiqué.

The communiqué was signed by the SADC Lawyers Association, East Africa Law Society, West African Bar Association, Pan-African Lawyers’ Union, the Coalition for an Effective African Court on Human Rights, African Regional Forum of the International Bar Association and the International Commission of Jurists.

The SADC Tribunal last November dealt a heavy body blow to President Robert Mugabe’s controversial programme to seize white-owned farmland for redistribution to landless blacks when it ruled that the chaotic and often violent programme was discriminatory, racist and illegal under the SADC Treaty.

The regional court ordered Harare not to evict the 78 farmers and that it pays full compensation to those it had already forced off farms.

Mugabe publicly dismissed the ruling by the Namibia-based Tribunal, while his followers in the military and in his ZANU PF party defied the court order by continuing to seize more land from the few white farmers remaining in Zimbabwe.

Government farm seizures which started in 2000 have resulted in the majority of the about 4 000 white commercial farmers being forcibly ejected from their properties without being paid compensation for the land, which Mugabe has refused to pay for saying it was stolen from blacks in the first place.

Land redistribution, that Mugabe says was necessary to correct a “unjust and immoral” colonial land ownership system that reserved the best land for whites and banished blacks to poor soils, is blamed for plunging Zimbabwe into food shortages after Harare failed to support black villagers resettled on former white farms with inputs to maintain production. – ZimOnline

Zuma urges removal of obstacles to Zimbabwe agreement

Statement by His Excellency Mr Jacob Zuma, President of the Republic of South Africa, on the occasion of the Official Opening of the 29th SADC Ordinary Summit; Kinshasa; Democratic Republic of Congo, September 7 2009

Your Majesty, King Mswati III, Chairperson of the Organ on Politics, Defence and Security Cooperation,
Your Excellency President Joseph Kabila, President of the Democratic Republic of Congo, Our Gracious Host, and Deputy Chairperson of SADC,
Your Excellencies Heads of State and Government and Esteemed First Spouses.
Your Excellency Dr Jean Ping, Chairperson of the African Union Commission;
Honourable Members of Parliament,
Honourable Ministers and Members of the SADC Council of Ministers,
Your Excellencies, Members of the Diplomatic Corps,
Your Excellency Dr Donald Kaberuka, President of the African Development Bank;
Your Excellency, the SADC Secretariat Executive Secretary, Dr Tomaz Augusto Salomão,
Distinguished Guests, Ladies and Gentlemen,

It is my honour and privilege to address you on the occasion of the Official Opening of the 29th Ordinary Summit of the SADC Heads of State and Government here in the Democratic Republic of the Congo.

Allow me, Your Excellencies, to express our gratitude and appreciation for the warm welcome and hospitality that the Government and the People of the Democratic Republic of Congo have extended to us.

My particular appreciation goes to President Joseph Kabila, our host.

He was determined to host this Summit in Kinshasa, despite the enormous challenges facing this country, related to reconciliation and reconstruction of one of the largest countries of our continent.
I wish to recognise and appreciate the presence of many distinguished invited guests and dignitaries.

I also wish to commend our Council of Ministers, the Executive Secretary of SADC and the Senior Officials for having ably prepared our agenda in the last few days. This enables us to deliberate on important and strategic matters relevant to our region.

Your Majesty
Your Excellencies,

The convening of the 29th Ordinary Summit of SADC Heads of State and Government is a celebration and vindication of the commitment by eight valiant independent Southern African States known as the “Frontline States”, to set the Region on the path of freedom, dignity and prosperity.

In view of the challenges experienced by the region at that time, the then ‘Front-line’ States prioritised the eradication of colonialism and racism.

They united against the destabilisation of countries supporting the people’s liberation movements by apartheid South Africa.

SADC was built on solid political foundation and can therefore not fail in its mission.

I have no doubt that we concur that SADC has achieved noteworthy results since its formation. We must now build on these achievements.

The same spirit that captured our energies in our struggles for national liberation now needs to be unleashed to win a more decisive battle against the scourges of poverty and underdevelopment.

We, the present membership of sixteen States, need to draw from the bravery of our forebears and with the same commitment of unity.

We must prioritise stability, democracy and socio-economic development.

Major current challenges confronting the region, Africa and the developing world at large are the global economic crisis and the effects of global climate change.

It is acknowledged that the current global financial and economic crisis and the climate change impact harshly on developing countries.

The irony is that SADC member states, together with all other developing countries, played no role in precipitating this crisis.

This global crisis could not have come at a worse time for Africa. It came just as we were turning the corner towards prosperity.

Working together we must ensure that this crisis does not undo the great strides made in the region such as the deepening of democracy, the improvement of trade, economic and investment incentives and the enhancement of the lives of SADC citizens.

More importantly, it must not result in the further marginalisation of Africa and accentuate the potential for political and social instability in the region.

The global economic crisis underscores the need for a reform of the international financial institutions.

They need to reflect the changing economic realities in the global economy, be more responsive to future challenges and give emerging and developing economies a greater say.

Climate change will impose an additional burden on our societies and present real challenges to development and stability.

We face the real threat of reduced water availability resulting in low crop yield, food insecurity, disease prevalence and tension between different sectors within communities.

Your Majesty
Your Excellencies

SADC member states should not underestimate the importance of their role in promoting a prosperous, competitive SADC in the global arena.

Individually, SADC members have little prospect of weathering the current economic turmoil.

However, if we harness our collective strength behind the SADC banner, we increase the prospect of achieving our goals of greater human orientated development of the region as well as improving the lives of the people of SADC.

We, members of SADC need to take cognisance of the emerging new geo-economic architecture.

We must recognise that whilst it is important to consolidate the beneficial relationship with the North and the European Community in particular, we must hasten the development of viable partnerships with new emerging players of the South.

Your Majesty
Your Excellencies

The SADC Treaty of 1992 defined the main pillars of our regional integration strategy which more recently informed the development and adoption of the Regional indicative Strategic Development Plan (RISDP) as well as the Strategic Indicative Plan of the Organ (SIPO).

These two instruments outline our main milestones towards deeper integration, development, sustainable development as well as durable peace and security.

You will recall, Your Excellencies that, in August 2006, in Mohale Dam, Kingdom of Lesotho, the Summit decided to accelerate the SADC Regional Economic Integration.

To that effect, the Extraordinary Summit of October 2006 established a Ministerial Task Force on Regional Economic Integration. Since then much progress has been made.

Among other things, the SADC Free Trade Area was launched in Sandton, South Africa in August 2008. The challenge is to ensure that the SADC FTA is fully consolidated. I am certain that this matter and other milestones of our regional integration will be deliberated upon during this Summit.

Your Majesty
Your Excellencies,

The quest for lasting peace, stability and democracy remains a priority for SADC. At the time South Africa assumed the Chair of SADC from Zambia, the political situation in our region was generally peaceful and stable in most member States.

However, the region was faced with challenges in a few member States, most notably the Democratic Republic of Congo, the Kingdom of Lesotho, and in the Republic of Zimbabwe.

I am pleased to report that our regional cooperation efforts through the Organ on Defence, Peace and Security Cooperation assisted significantly in negotiating and finding ways to restore peace in the Eastern part of the Democratic Republic of Congo.

This created the necessary conditions for that region to devote its efforts to re-build the economy and fully integrate it in the overall country’s development efforts.

Our Organisation continues to play a central and positive role in the significant improvement of the political landscape of Zimbabwe These positive developments include the historic signing of the Global Political Agreement and the subsequent formation of the Inclusive Government.

These achievements signalled to the people of Zimbabwe, the region and the world, that the Zimbabwean political leadership was ready to collectively tackle the politicaland the socio-economic challenges facing that country.

We are all encouraged by how the three parties put their differences aside. Significant progress has been made under the auspices of the Inclusive Government.

Just as SADC has stood with the people of Zimbabwe in the search for a solution to the challenges facing the country, it remains committed to working to encourage further progress.

We urge all parties to remove any obstacles to the implementation of the agreement.

SADC has continued to pay attention to political developments in Lesotho by engaging the political parties and encouraging them to pursue and adhere to constitutional means to address any prevailing differences.

In March 2009 Madagascar was plunged into a political turmoil caused by the unconstitutional change of Government perpetrated by elements of the military associated with certain political parties.

The Region’s displeasure of unconstitutional change of government is demonstrated by the suspension of this Member State from SADC until the restoration of constitutional normalcy.

As in the other cases, SADC has taken a lead in searching for a political solution for this Member State. Since March 2009, the SADC Summit met twice to examine the situation in Madagascar.

At its meeting, in Sandton, South Africa, SADC Summit appointed H.E. Former President Joaquim Chissano of Mozambique to facilitate the dialogue amongst the Malagasy people in coordination with other international Organizations, such as the African Union, the United Nations and the Francofonia.

In the course of this Summit we will receive a report on whatever progress would have been registered.

Allow me, Your Excellencies to pay tribute to Former President Joaquim Chissano for the efforts he is exerting to resolve the political impasse in Madagascar, supported by his capable facilitation team.

I am certain that his wisdom, skill and passion for peace and development will prevail.

Your Majesty,
Your Excellencies,

We congratulate the people of Angola, South Africa and Malawi for their successful elections held recently. The enduring images of long queues of voters braving the scorching sun to cast their votes is proof that SADC has much to celebrate for her achievements in her relentless quest to deepen democracy.

It is the linking of peace and stability with democracy and good governance that establishes the vital connections to sustained and equitable growth and development in the region.

It is our belief that SADC member states base their efforts on the fundamental principle on which the Organisation of African Unity and later the African Union were founded – namely, the unity of the African peoples and the unity of the Continent.

This fundamental principle binds us all, even on those issues on which we still need to find agreement.
In this regard we welcome the process of harmonising the programmes of SADC, COMESA and the East African Community.

We need, as member States, to take ownership of the process. We must ensure that intra-Africa trade receives the utmost priority.

The infrastructure in the Regional Economic Communities is developed to sustain our ambition for integration and human orientated development.

We in SADC pledge that we will never betray the cause of advancing the African agenda and promoting African unity, and that we will never be found wanting in executing these responsibilities.

Your Majesty,
Your Excellencies

Our strategy for regional integration does not only concentrate on politics, defence and security. In fact the latter are only enablers for regional integration, economic and social development.

All indicators on the ground suggest that the ongoing process of deepening our integration is set to facilitate more and more liberalised trade amongst SADC Member States.

The expectation is that up to eighty-five percent of intra SADC trade in goods would be duty free.

It therefore became evident that all non tariff barriers to trade, in particular corridor infrastructure is to be accorded priority.

It was on this premise, Your Excellencies, that South Africa worked closely with the Secretariat to scale up implementation of some priority projects during the last year.

Your Majesty
Your Excellencies,

The recent escalation of food prices against a backdrop of high increases in energy cost have posed threats of major food insecurity and require a global consensus for a way forward.

It is gratifying to note that in SADC we have long designed cooperation programmes in the area of Food Security which enable us to minimise the negative impact of the global economic crisis on our people and region.

In this regard, the implementation of the Dar Es Salaam Declaration on Agriculture and Food Security is of critical importance.

Our programme to address the issue of gender imbalance in all spheres of society is proceeding and recent statistics from the regional synthesis reports suggest that we are making steady progress.

However, concerted efforts need to be made by many of our Member States if meaningful progress is to be realised. The signing of the Protocol on Gender will no doubt underpin the effective implementation of this process.

Your Majesty,
Your Excellencies,

Given the progress our region has made with regard to deepening regional integration, our focus should also turn to the attainment of the African Economic Community as espoused by the Constitutive Act of the African Union and the Abuja Treaty and Lagos Plan of Action.

The successful convening of the COMESA-EAC-SADC Tripartite Summit in Kampala last year, and its milestone decision of working towards the establishment of a grand FTA, have further promoted the integration of East and Southern African States, and brought total African integration a step closer.

Your Majesty,
Your Excellencies,

During the coming year, two countries within SADC will host two important sporting spectacles, namely the Africa Cup of Nations in Angola and the FIFA World Cup in South Africa.

These events offer us a magnificent opportunity to showcase the splendour, beauty and dynamism of the SADC region to a global audience. The glory of successful tournaments will not only be that of the hosting nations but that of the SADC region.

As South Africa we would like to extend our sincere appreciation to member States for the support we received as Chairperson of SADC.

Important to note is the fact that during our chairpersonship, three Presidents presided over SADC matters.

As your excellencies would recall during the period of our Chairship, three President’s of our country assumed this role.

The first was President Mbeki, then President Motlanthe and I have also had the honour of presiding just a few months before handing over to the DRC.

What we have learnt from this process is the importance of a leadership that respects institutions of democracy and the will of the people.

It is our belief that despite these changes our country still managed to discharge its responsibilities to SADC.

It has been an honour to make our modest contribution as Chair.

I have no doubt that the excellent support you rendered shall be accorded to our next Chair, the Democratic Republic of Congo.

I look forward to constructive deliberations during this Summit as we seek to realise the vision of SADC, inspired by the historic legacy of Patrice Lumumba, one of the greatest sons of our Continent.

May we continue to work together in unity, to do more for and with the people of SADC.

I Thank You.

Statement issued by The Presidency, September 7 2009

Status and meaning of ratification of SADC treaty and protocol

URGENT MEDIA STATEMENT
ZIMBABWE HUMAN RIGHTS NGO FORUM

5 September 2009

Status and meaning of ratification of SADC Treaty and Tribunal Protocol

Patrick Chinamasa, the Minister of Justice, is reported as having stated that Zimbabwe is not bound by the Protocol on the SADC Tribunal (Tribunal Protocol) as she has not ratified this instrument. He goes on further to state that the Protocol is not yet in force as only five countries had ratified it. The Zimbabwe Human Rights NGO Forum (the Forum) respectfully disagrees with this view for the reasons stated below.

The Declaration and Treaty of SADC (SADC Treaty) establishes the institutions implementing the sub-region’s integration policies and founding principles. Article 16 of the SADC Treaty provides for the establishment of the SADC Tribunal. In terms of article 16(2) the “the composition, powers, functions, procedures and other related matters governing the Tribunal shall be prescribed in a Protocol, which shall, notwithstanding the provisions of Article 22 of this Treaty, form an integral part of this Treaty, adopted by the Summit”. Essential Article 16 (2) exempts the Tribunal Protocol from the provisions of Article 22 of the SADC Treaty, which prescribes that each Protocol approved by the Summit of Heads of State and Government (Summit) shall become binding on member states 30 days after two thirds of the 15 SADC members have ratified the instrument. This means that 9 SADC member states should ratify a Protocol before it may be implemented and applied against any of them by the relevant body tasked with its enforcement. Furthermore since Article 16 (2) by-passes adherence to Article 22, the Tribunal Protocol became binding when it was approved by the Summit.

The institutionalization of the Protocols in the SADC legal framework came as a realization of the fact that effective implementation of regional policies required more than just political will, but the existence of legally binding instruments and enforcement mechanisms such as the SADC Tribunal and its protocol. Of the over 20 protocols now in force only the Tribunal Protocol did not require ratification by two thirds of the SADC member states for it to become a binding instrument. This therefore means that all SADC states which ratified the SADC Treaty, that became a legally binding instrument in 1993, are also bound by the SADC Protocol which became an integral part of the constitutive treaty of the sub-regional body by virtue of article 16(2). All SADC member states have ratified or acceded to the SADC Treaty and are therefore bound by its provisions and by extension the provisions of the Tribunal Protocol. It is therefore misleading for the Minister of Justice or any judicial body to argue that Zimbabwe is not bound by the Tribunal protocol on grounds that the instrument has neither been ratified nor entered into force. Therefore under international law Zimbabwe is bound by the decisions recently handed down against her by the SADC Tribunal in terms of legal instruments that she has voluntarily ratified.

We urge the Summit meeting in September to mount pressure on the Zimbabwean government to respect the rule of law by complying with court decisions delivered at the domestic, regional and international level. We further call upon the Zimbabwean government to put in place laws and regulations for the registration and enforcement of foreign judgments to facilitate the execution of decisions from the SADC Tribunal and the newly operationalised African Court on Human and Peoples’ Rights. We also call upon the Zimbabwean parliament to enact laws consonant with ratified regional and international legal instruments and amend repugnant laws accordingly. The Zimbabwean parliament is further called upon to domesticate all ratified regional and international instruments to enhance the protection of fundamental human rights at the domestic level.

ENDS

Submitted by:

Zimbabwe Human Rights NGO Forum – Harare
Tel: +263 -4-250 511

False Dawn: The Zimbabwe Power-Sharing Government’s Failure to Deliver Human Rights Improvements – HRW

Press Release from Human Rights Watch: Southern African leaders should press Zimbabwe’s power-sharing government to end ongoing human rights violations and to implement legal reforms, Human Rights Watch said in a report released today. Heads of state from members of the Southern African Development Community (SADC) are holding a summit meeting in Kinshasa, Democratic Republic of Congo, on September 7 and 8, 2009.

The 20-page report, “False Dawn: The Zimbabwe Power-Sharing Government’s Failure to Deliver Human Rights Improvements,” highlights the transitional government’s lack of progress in rights reforms in the six months since it was created. The former ruling party, Zimbabwe Africa National Union – Patriotic Front (ZANU-PF), has demonstrated a lack of political will to effect change and wields more power than the Movement for Democratic Change (MDC), the former opposition party and now a partner in government. Police, state prosecutors, and court officials aligned to ZANU-PF conduct politically motivated prosecutions of MDC legislators and activists, and fail to ensure justice for victims of abuses or to hold perpetrators of human rights violations to account.

“Southern African leaders should stop looking at Zimbabwe through rose-colored glasses,” said Georgette Gagnon, Africa director at Human Rights Watch. “The region’s leaders need to press Zimbabwe openly and publicly for human rights reforms to prevent the country from backsliding into state-sponsored violence and chaos.”

At the summit meeting, heads of state are expected to assess Zimbabwe’s compliance with a number of rulings by the SADC Tribunal on illegal land seizures in Zimbabwe. President Jacob Zuma of South Africa, the organization’s current chairman, is also expected to brief leaders on the progress made by Zimbabwe’s power-sharing government, which has been in place since February. The government was created by a SADC-brokered September 2008 agreement, which followed a period when ZANU-PF and its allies unleashed a campaign of violence to prevent an MDC electoral win.

In its new report, Human Rights Watch urged Southern African leaders to extract concrete commitments on human rights from the government of Zimbabwe and to tie them to specific benchmarks for progress within a clear time frame. The summit meeting’s participants were also urged to raise concerns about Zimbabwe’s failure to enact basic institutional and legislative reforms that would guarantee the rule of law as well as fundamental rights for Zimbabweans.

“SADC leaders should stand with the people of Zimbabwe by calling for urgent reforms to address the country’s political and human rights crisis,” said Gagnon. “Without these necessary changes, Zimbabwe’s inclusive government will continue to be built on sand.”

Download the full report here

Introduction to “False Dawn”:

More than six months after the formation of a transitional, power-sharing government in Zimbabwe between the Zimbabwe African National Union–Patriotic Front (ZANU-PF) and two factions of the Movement for Democratic Change (MDC), there has been little progress in instituting any promised human rights reforms and in demonstrating respect for the rule of law. ZANU-PF, the former ruling party, wields significantly more power than the MDC, and ZANU-PF supporters continue to commit abuses against their perceived political opponents with impunity.

There is mounting evidence that the new government is failing or unwilling to end serious human rights violations, restore the rule of law, institute fundamental rights reforms, and chart a new political direction for the country. Despite commitments made by all parties, the new power-sharing government has not taken any significant steps to ensure justice for victims of abuses or hold perpetrators of human rights violations to account. Police, prosecuting authorities, and court officials aligned with ZANU-PF continue to conduct politically motivated prosecutions of MDC legislators and activists.

This inaction cannot be blamed on the country’s financial crisis, itself caused by ZANU-PF’s years of misrule before 2009. Instead, it is due to an absence of political will. ZANU-PF retains control of all senior ministries—including the Ministries of Defence, Justice, State Security, and Foreign Affairs; and it co-chairs Home Affairs. The party therefore wields significantly more power than the MDC in the government, and is unwilling to institute human rights and governance reforms. Although the MDC has formal control of some ministries, President Mugabe unilaterally appointed permanent secretaries to all ministries, ensuring that ZANU-PF maintains control of them. Lacking real political power to effect reforms, the MDC is unable to push for human rights reforms and appears to be giving ground to ZANU-PF in order to ensure the survival of the power-sharing government.

The Global Political Agreement (GPA), signed in September 2008, calls on its signatory parties to “build a society free of violence, fear, intimidation, hatred, patronage, corruption and founded on justice, fairness, openness, transparency, dignity and equality.” Human Rights Watch endorses this insightful conclusion and calls on the power-sharing government, as well as Zimbabwe’s neighbors and allies, to ensure that the country embraces progressive and sustainable change. If not, Zimbabwe risks sliding back into violence and chaos.

This report recommends a range of fundamental reforms that the power-sharing government should undertake to improve the human rights situation in Zimbabwe. Without these institutional and legislative reforms, as well as the establishment of genuine respect for the basic rights of all Zimbabweans, there can be no long-term, sustainable peace and stability in Zimbabwe. These changes will also finally allow Zimbabweans to elect leaders of their choice. And once these reforms are in place, Zimbabwe will be better placed to attract international development assistance and private sector investment.

Zanu-PF’s behaviour deviant – Gwede Mantashe

(Sapa-AFP) – South African President Jacob Zuma will discuss what he sees as “deviant behaviour” in Zimbabwe, when he visits Harare this week for talks on the power-sharing government, his party said Wednesday.

Gwede Mantashe, secretary general of Zuma’s African National Congress (ANC), said the president would be vocal about problems in Zimbabwe, a reversal of the quiet diplomacy practiced by former South African president Thabo Mbeki.

“President Zuma will be more vocal in terms of what we see as deviant behaviour,” Mantashe told reporters. “If there is deviant behaviour, we will be more vocal… but we will still engage.”

Mantashe said such “deviant behaviour” included the conduct of last year’s presidential run-off amid widespread political violence and the continuing harassment of lawmakers from Prime Minister Morgan Tsvangirai’s Movement for Democratic Change (MDC).

Tsvangirai joined long-ruling President Robert Mugabe in a unity government in February, meant to haul the nation from political turmoil and economic collapse.

South Africa is a key backer of the unity deal, and Zuma is currently the head of the Southern African Development Community (SADC), the regional bloc that brokered the pact.

“What we want to see in Zimbabwe as the ANC, is to see what in our view is an economic and humanitarian crisis reversed,” Mantashe said.

Zuma is set to visit Harare on Thursday and Friday, where his office said he will meet with leaders of the country’s main parties to discuss the implementation of the power-sharing accord.

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