Diplomacy Can Triumph In Zimbabwe

Rashweat Mukundu

On 28 January South Africa’s e-TV showed pictures of emaciated Zimbabwean prisoners and rural families, many sick and dying from lack of food and medication. The pictures and accompanying news story were a stark reminder of the dire situation in Zimbabwe at the time that Southern Africa leaders had completed a meeting on finding a lasting solution to the crisis in Zimbabwe.
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EU tightens Zimbabwe sanctions

26.01.09
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http://www.eubusiness.com/news-eu/1232971323.27

FACTBOX-Sanctions on Zimbabwe
Mon Jan 26, 2009

(Reuters)

The European Union added individuals and firms to a sanctions list on Zimbabwe on Monday and called for a probe into Harare's diamond industry.Below are details of sanctions and restrictions in place against Zimbabwe.

* VISA BANS AND ASSET FREEZES:-- The United States first imposed sanctions in March 2003 and later widened them to apply to about 250 people accused of undermining democracy. The U.S. sanctions also bar Americans from engaging in any transactions or dealings with them. -- In July, the Treasury Department said it would seek to freeze assets of 17 Zimbabwean enterprises. The United States also threatened in September to impose new sanctions against President Robert Mugabe if he reneged on a power-sharing deal.-- The European Union imposed a visa ban on Mugabe and 19 top officials in 2002 because of Zimbabwe's treatment of observers sent to monitor presidential elections.-- The number was later expanded and last month, the EU added 11 more names to the list of 160 Zimbabweans, including Mugabe, who are banned from visiting the bloc.-- On Monday, the EU added a further 27 individuals and 36 companies to the list of banned allies of Mugabe because of their links to suspected human rights abuses, EU officials said.-- The sanctions list now includes for the first time companies registered in the EU, including in Britain, diplomats have said, without naming the firms.-- Australia said in December it would impose financial and visa restrictions on four extra companies and 75 more people who are known supporters of Mugabe's government. The move means 258 Mugabe supporters face bans on travel to or through Australia, and restrictions on financial transactions involving Australia.

* ARMS EMBARGOES:-- The United States has a ban on transfers of defence items and services, and a suspension of non-humanitarian government-to-government assistance.-- The European Union has an embargo on the sale and supply of arms and technical advice and of equipment which could be used for internal repression in Zimbabwe.-- The embargo also prohibits technical and financial assistance related to military activities.-- In September, Canada banned arms exports, freezing the assets of top Zimbabwean officials and banning its aircraft from flying over or landing in Canada.

* DIPLOMATIC ISOLATION:-- The Commonwealth group of mainly former British colonies suspended Zimbabwe in early 2002 on the grounds that Mugabe had rigged his re-election and persecuted his opponents. Zimbabwe formally withdrew from the 54-nation group in 2003 after the suspension was extended indefinitely.-- The International Monetary Fund suspended technical assistance to Zimbabwe in 2002 over its failure to clear arrears and address its dire economic and social crisis.-- It has averted expulsion by making small payments towards clearing arrears.-- Britain's Queen Elizabeth has stripped Mugabe of an honorary knighthood awarded in 1994.

* SPORT:-- A 2007 cricket tour of Zimbabwe by Australia was cancelled on the orders of Australia's government.-- Cricket South Africa, which had been one of Zimbabwe's strongest backers, suspended domestic agreements with the Zimbabwe Cricket Union last June.-- Days later, the England and Wales Cricket Board cancelled Zimbabwe's 2009 tour of England under instructions from the British government. The ECB said it had suspended all bilateral arrangements with Zimbabwe Cricket.-- The International Cricket Council said on July 4 that Zimbabwe had agreed to skip the 2009 World Twenty20 in England to end a deadlock over demands that the African nation be suspended.

Sources: Reuters/EU//www.state.gov

Zimbabweans in Switzerland in Second Emergency Meeting on the Health Crisis

We would like to invite you all to the second meeting being convened jointly by the Zimbabwe Health Access Trust (ZiHAT) and the Zimbabwe Advocacy Office in Geneva.

ZiHAT is a non-governmental, non-partisan and non-profit Trust whose mission is to support health services in Zimbabwe. Its objectives are to raise funds and other materials from Zimbabweans and friends of Zimbabwe in the Diaspora and to provide assistance through coordinating capacity to develop, maintain and enhance the public health delivery system. The ultimate aim is to contribute towards an equitable distribution of materials and commodities to health facilities in Zimbabwe.

The Zimbabwe Advocacy Office in Geneva is a special human rights and humanitarian advocacy project of the World Student Christian Federation and Swiss relief agency, FEPA.

We would like to invite all Zimbabweans and friends of Zimbabwe to the second gathering on Saturday 24 January from 1400 - 1730 hrs at the Maison des Associations, Rue de Savoises 15 in Plainpalais, Geneva.

Resolution on Zimbabwe by CSOs attending the NGO Forum preceding the AU Summit January 2009:

Deeply concerned about the needless deaths arising from cholera due to failing public health service delivery arising from the unresolved political crisis;

Concerned further about the prevailing climate of impunity including the rampant and escalating politically motivated and organized violence, the abductions of civil society activists and legitimate political opponents;

NOTING WITH CONCERN that the SADC led mediation process was not done in full conformity with the AU resolution on Zimbabwe adopted at Sham El Sheikh and has further failed to bring an end to the political stalemate or to alleviate the deteriorating and worsening humanitarian crisis;

Deeply disturbed that despite 5.1 million Zimbabweans requiring humanitarian assistance, the government continues to frustrate the efforts of NGOs to work freely in areas of need;

Gravely concerned that the Zimbabwean crisis has assumed regional dimensions and now poses a real threat to regional security;

Taking note that in the face of serious human rights violations in member states, the AU has increasingly applied the principle of non-indifference over the principle of non-interference;
Recommends that:
1. African Union publicly condemns and calls for an end to the violations/abuses taking place in Zimbabwe and a full restoration of basic economic, social, political and civil rights of Zimbabwean people;
2. African Union formally recognizes that the SADC mediation has failed and that the resolution of the Zimbabwean crisis be done under the direct authority of the AU
3. African Union invokes the responsibility to protect Zimbabweans from the serious violations and the humanitarian catastrophe currently unfolding in Zimbabwe.
4. African Union decisively deals with Zimbabwe government's failure to respect African institutions and their decisions such as those of the SADC Tribunal and the African Commission on Human and Peoples Rights.

Courtesy of the Zimbabwe Human Rights NGO Forum

Women of Zimbabwe Arise - Leaders on Trial

WOZA leaders, Jenni Williams and Magodonga Mahlangu, appeared in Bulawayo Magistrate’s Court this morning on trial for two charges, one relating to an arrest in October 2008 and the other to an arrest in June 2004.

The 2008 charge is C/S 37 (1) (a) (i) of the Criminal Law Codification and Reform Act Chapter 9:23: "Acting together with one or more other persons with him/her in any place realizing that there is a real risk or possibility of disturbing peace, security or order of the public". The 2004 charge is under C/S 7(c) of the Miscellaneous Offences Act chapter 9:15 "acting in a manner which is likely to lead to a breach of the peace or to create a nuisance or obstruction".
The State was represented by Lovemore Chifamba with a senior magistrate, Msipa, presiding.

When the proceedings finally started after several delays, the defence lawyer, Kossam Ncube, applied for the charges to be dismissed on the basis of a Supreme Court precedent (Munhumeso and others 1994 (1) – Zimbabwe Law Reports (Supreme Court) p49) that ruled that by their nature, demonstrations are public and are held in public places and therefore will cause some form of public disturbance. It cannot be called a demonstration if the activity is held in private. The ruling decreed that as peaceful demonstrations are allowed under the Constitution, those participating in peaceful demonstrations cannot be charged with disturbing the peace.

Prosecutor Chifamba tried to argue that charges against Williams and Mahlangu were correct as by demonstrating they intended to disturb the peace. Magistrate Msipa will give her ruling at 8.30am on Tuesday 27th January as to whether to proceed with the trial under the current charges or to dismiss charges.

In the most recent case, Williams and Mahlangu were arrested on 16th October 2008 at Mhlahlandlela Government Complex and were held in custody for three weeks; first at Bulawayo Central Police Station, then at Bulawayo Remand Prison before spending the remainder of the time at Mlondolozi Prison. The protest was to demand that the food situation in Zimbabwe be declared a national disaster and all Zimbabweans be able to access food aid whilst protracted political negotiations are more speedily concluded.

Their trial was due to start on 2nd December 2008, but the state, represented by Mr. Shawarira, was not ready for trial and so Magistrate Msipa postponed the trial until 22 January 2009. All bail conditions, which included reporting to police twice a week and not being allowed to travel outside a 40-kilometer radius of Bulawayo without written permission, were lifted.

Their arrest, detention and trial is in continuing violation of the 15th September 2008 Global Political Agreement between Zanu PF and the two Movement for Democratic Change parties.

Ends
22nd January 2009

Soldiers are the new illegal diamond miners

From IRIN (UN), 20 January
Mutare

The vast Chiadzwa diamond fields, about 90km southwest of Zimbabwe's eastern city of Mutare, have come to resemble a military garrison since soldiers evicted scores of illegal miners. President Robert Mugabe's government sent troops into the area in late 2008 to flush out the diamond miners, after repeated attempts by the police over the past two years had failed. The miners have left, but the soldiers remain, their tents dotting a moonscape of pits, and the search for diamonds has not ceased. "These soldiers who were deployed to remove the makorokoza [illegal miners] are now looting the diamonds, but they are doing so in such a way that it is difficult for outsiders to notice it," a resident of Marange village, where the mine is situated, told IRIN. "They have a duty roster of villagers from Marange, who are supposed to report to them early in the morning to dig for the diamonds from Chiadzwa," said the villager, who identified himself only as Simon. "When we get to the diamond field, we are always reminded that if anyone asks what we are doing there, we should tell that person that we are filling the pits that were left by the makorokoza," Simon said. The villagers are forced to dig for diamonds in the numerous existing pits and also to excavate new ones. "We are too scared to report this form of forced labour because the soldiers who are camped at Chiadzwa have warned us that top army officers are involved and if we leak the information, soldiers will be sent to beat us up."

The forced labour lasts from dawn to dusk, so Simon cannot tend his fields. "We experienced famine and untold hunger last year [when the harvest failed in the 2007/08 season]. The rains are better this year [2008/09], but some people have decided to turn us into cheap labour for their own gain," he said. After the day's work, the soldiers search the villagers to ensure that they do not have any hidden diamonds. Bright Tigere, 24, a Mutare resident originally from Marange village, voluntarily offered his services. "I heard that the soldiers were forcing people to pan for the diamonds and decided to return to my village so that I would be one of the people participating," he told IRIN. "Once in a while the soldiers give us some diamonds to bribe us and I am selling them for my upkeep," said Tigere, whose livelihood had depended on working in the diamond fields before he was evicted. The fruits of diamond mining had afforded him a luxurious lifestyle and he used to cross regularly to Musina, a large town in neighbouring South Africa, to sell the diamonds and go shopping. But the effects of the military crackdown on diamond mining in Mutare, which had helped the city weather Zimbabwe's economic malaise, are seeing it sink back into the poverty that has become the norm for almost all Zimbabweans. The expensive cars of diamond dealers that once teemed in Mutare's streets have disappeared, shops have become deserted and there are few currency dealers.

"It was from rags to riches and back to rags again, and that is painful. That is why I am more than ready to return and be used by the soldiers because, at least, I am guaranteed food on the table," Tigere said. The soldiers, easily identified in the shebeens and taverns by their uniforms and the assault rifles slung across their backs, see their tour of duty in the diamond fields as a privilege. "I am happy to be among the soldiers who were chosen to come here to Chiadzwa even though, initially, I resented the assignment because we were not given a chance to even say goodbye to our families," one soldier, who declined to be identified, told IRIN at a shopping centre. "As a soldier, just like most people in this country, I am poorly paid and my salary can hardly see me through three days of a month. When I get a chance to loot, I grab it without hesitation. I am sick and tired of the top guys being the only ones with all the riches, even though it's us who do the dirty work," he said. The soldier said he frequently applied for leave and would go to the capital, Harare, to sell the diamonds. "Our superiors back in the barracks are fully aware of what we are doing, and they let us continue because they benefit from this illegal mining of the diamonds," he said. "Every week, we surrender a substantial amount of the mineral to them."

One of his commanders, he said, had good connections with dealers in India and often travelled to the Kenyan capital, Nairobi, to meet with middlemen. "Word coming from Harare is that it is easy to sell the diamonds in India, where they are polished and used in making ornaments." There have been reports that Chiadzwa's diamonds have also turned up in Lebanon, Russia and South Africa. A Bulawayo-based economist, Erich Bloch, said the alleged involvement of soldiers in Chiadzwa would increase the chances of the country being struck off the Kimberley Process register of diamond exporting countries. The Kimberley Process is an international certification scheme designed to prevent diamonds mined in conflict areas from entering the multibillion-dollar market. "If the troops are actually looting the diamonds, and given the adverse reports of their presence at Chiadzwa, Zimbabwe could soon be blacklisted by Kimberly Process," Bloch told IRIN. In late 2008, international civil society, led by Global Witness, a non-governmental organisation that orchestrated the campaign to set up the Kimberley Process, began lobbying for an urgent inquiry into Zimbabwe's diamond industry. "Soldiers have no business at a diamond field. The government should just act quickly to ensure that a reputable company moves in to do the mining," a Harare-based economic consultant, John Robertson, told IRIN. "It is reasonable to suspect that the government is using the illicit mining of diamonds to fund an already disgruntled army," he said. "It is highly possible that government officials are fattening their pockets using the Chiadzwa diamonds."

Zimbabwe Talks Collapse

Outline of What Took Place

Veritas Zimbabwe: Bill Watch Special

The meeting with the SADC delegation was preceded by a meeting of Mr Mugabe and Mr Tsvangirai, in which it was reported off the record that Mr Tsvangirai raised the issues of abductions and the detention of members of the MDC and civil society. The principals then met with the SADC delegation. The question of the violence against MDC was again raised. There was no response from SADC on this issue.

SADC Proposed Agreement: The SADC delegation brought with them a proposed agreement for signature by the three principals [Below] based on the decision of the SADC meeting of 9th November 2008 – in spite of the fact that MDC had said it did not accept this decision and that SADC had not at this meeting facilitated a mutually acceptable position.
It should be noted that the SADC proposal in no way takes on board the MDC-T position which they have maintained since September that outstanding matters must be settled before the formation of the Inclusive Government. It has taken on board Mr Mugabe’s position that outstanding issues be settled after the Inclusive Government is formed.
The SADC proposal would make provision for Mr Tsvangirai to be sworn in by 24th January, before the Government has been formed. The suggestion of leaving provincial governors in place until a vacancy occurs is against what was agreed in the MoU and gives ZANU-PF a majority in the Senate. To leave conflict resolution to the
Joint Monitoring and Implementation Committee which according the IPA would only meet “from time to time” and has no effective power, in the face of outstanding differences, is of dubious practical value.
Mr Mugabe and Mr Mutambara according to the state press and ‘leaked” reports indicated that they were happy with the proposal and prepared to sign it. Mr Mugabe blamed Mr Tsvangirai for the breakdown in the talks, but did concede that the talks would continue.
Mr Tsvangirai did not agree to the SADC proposals, but put forward proposals of his own [Attached] which Mr Salomao said the SADC summit would consider. Mr Tsvangirai went on to say "For us as the MDC, this is probably the darkest day of our lives.” He reiterated that the MDC was committed to the deal, but only if Mr Mugabe cedes control of powerful ministries, such as home affairs, finance and information.


AGREEMENT AMONG THE ZIMBABWE POLITICAL LEADERS ON THE IMPLEMENTATION OF THE "AGREEMENT BETWEEN THE ZIMBABWE AFRICAN NATIONAL UNION-PATRIOTIC FRONT AND THE TWO MOVEMENT FOR DEMOCRATIC CHANGE FORMATIONS, ON RESOLVING THE CHALLENGES FACING ZIMBABWE" (HEREINAFTER REFERRED TO AS "THE AGREEMENT")
After consultations held in Harare, Zimbabwe, on 19 January 2009, the Principals hereby agree to the following:
1. Proceed immediately with the formation of the Inclusive Government as prescribed in the Agreement
2. To support the adoption of the Constitution of Zimbabwe Amendment 19 at the sitting of Parliament on Tuesday 20 January 2009
3. To swear-in the Prime Minister and Deputy Prime Ministers by 24 January 2009 and thereafter proceed to appoint ministers
4. The MDC-T shall submit a draft Bill on the National Security Council for consideration by the Parties by 24 January 2009
5. At the end of the contract of the incumbent Governors or should vacancies arise, the posts will be shared amongst the Parties, according to agreed formula
6. The allocation of ministerial portfolios shall be reviewed six (6) months after the inauguration of the Cabinet as per the decision of the Sadc Extraordinary Summit held in Sandton, South Africa, on 9 November 2008.
7. Outstanding issues raised by MDC-T shall be dealt with:
a. In terms of Article XXII, Paragraph 22.4 of the Agreement, which states:
"Joint Monitoring