The African Union and the new threat of Terrorism

By Rawlings Magede

When the Organisation of African Unity (OAU) was formed some 60 years ago, one of the key founding principles was on the right of the African people to control their own destiny. This was against a background where several African countries were still under the shackles of colonialism. Years later, through its vibrant leaders such as Kwame Nkrumah and Julius Nyerere, independence became a reality in Africa.

In 2002 when the OAU transited to become the African Union (AU) its focus slightly shifted to encourage political and economic integration among member states and to eradicate colonialism and neo-colonialism from the African continent. Although this seemed noble, questions on how it was going to be achieved continued to occupy public discourse. This was so because even after independence several African countries continued to institute disastrous Structural Adjustment Programmes (SAPs) and kept them in perpetual debt thereby creating a dependency syndrome on foreign capital. Countries like Zambia and Ghana among other countries implemented such programmes in the 1980s while Zimbabwe did so in the 1990s.

The present Day AU faces a myriad of problems.

Economic emancipation and the need to cut loose the dependency syndrome has remained one of the challenges facing the AU. Added to this, an even bigger challenge of terrorism continues to derail peace and security in Africa. This has been fueled by various rebel groups that have set bases on the continent. This continues to expose the fragility of the continent’s peace and security mechanisms. During the 50^th Anniversary of The African Union in May 2013, the AU Assembly of Heads of State and Government adopted a landmark declaration. This declaration spelt out how Africa would not bequeath the burden of conflicts to the next generation and made a commitment to end violent conflicts on the continent by 2020.This was then translated into the AU initiative: Silencing the Guns by 2020.This was followed up by the United Nations (UN) and AU Joint framework for Enhanced Partnership in Peace and Security in  2017 an the Joint Framework for Implementation of Africa’s Agenda 2063 and the 2030 Agenda  for Sustainable Development in 2028.This arrangement has seen the UN and AU collaborating closely, more regular exchange of information and consultations, coordinated action including joint field visits and joint statements.

Since then, the continent has experienced even more violent conflicts and civil wars. In 2021 alone, twelve African countries-Burkina Faso, Burundi, Cameroon, Central African Republic (CAR), Democratic Republic of Congo (DRC), Ethiopia, Kenya, Mali, Mozambique, Niger, Nigeria, and Somalia saw external involvement in their domestic conflicts. Multiple state-based conflicts in Africa are because of the rise and expansion of the Islamic State (IS). In the same year nine countries in Africa; Burkina Faso, Cameroon, Chad, DRC, Mali, Niger, Nigeria, and Somalia experienced conflicts with IS within their territories. More recently, DRC based rebel group, Allied Democratic Forces (ADF) killed and abducted several students at Kasese District-based Lhubirira Secondary school in Western Uganda. The attack left 41 people dead while several were abducted. This month in Kenya, eight police officers were killed in a suspected attack by Somalia-based rebel group al-Shabab in Garissa County (Eastern Kenya).

The AU Peace and Security Council and its challenges

All these incidences have gravely exposed the inability of the AU to decisively deal with the ever-increasing threat of terrorism on the continent. The Peace and Security Council is saddled by a myriad of challenges ranging from poor funding to the lack of cooperation of member states to deploy forces. The financing challenges facing the AU have important unintended consequences. High levels of donor dependency have weakened ownership in the fight against the new threat of terrorism.

Against such a threat, there is need for the 55 AU member states to design a sustainable funding model that might mean that member states must make annual financial pledges that can be broken down into installments. In the past, this has proved problematic as several countries have reneged on their pledges.

More importantly is the need for AU member states to do anything necessary to address the threats posed by terror. For example, the DRC has become a haven for rebel groups such as the M23, Lord’s Resistance Army (LRA) and the Allied Democratic Forces (ADF). These rebel groups have initiated and coordinated attacks from the DRC and easily evade detection due to the issue of porous borders within East Africa. In the long term, the rebel groups might set up bases elsewhere and spread across the continent. This will present an even bigger security problem for the AU.

Current funding arrangements for the AU to deal decisively with the threat of terrorism are neither reliable nor predictable, especially in the wake of an increase in terror attacks. The new challenge facing the continent now more than ever is terrorism which has continued to fuel civil wars and coordinated attacks. To win this war over terrorism requires all hands-on deck by every African country in terms of cooperation to deploy troops and resources.

In the final analysis, financing peace and security in Africa on a sustainable basis is not only an African priority but a global strategic imperative, given the complex and interconnected nature of threats to international peace and security today.

Nyumbani or Kifo!

Rawlings Magede is an International Development Specialist and Rotary International Peace Fellow. He writes here in his personal capacity. Feedback on rawlingsmagede2@gmail.com

Peace Education as a tool for Post-Conflict Healing in Rwanda

By Rawlings Magede

My visit to one of the Genocide memorials

During the past weeks I was holed up in Rwanda visiting memorial sites and villages in a quest to learn more on how the country has recovered years after the 1994 genocide that left more than 800,000 civilians dead. The genocide lasted for hundred days and engulfed the country into a turmoil as organised killings and massacres of the Tutsi escalated.

The colonial practice of ethnic profiling on identity documents aided in the easy identification of Tutsi minorities during roadblocks and targeted searches. Churches that had since time immemorial been credited for speaking truth to power become complicit in the killings and often deceitfully offered “safe” refuge to Tutsis but only alerted the Interahamwe’s (   Hutu militias) who massacred hundreds of thousands in cold blood. The snail’s pace by the international community to intervene and stop the killings further aided the killers and saw the killings stretching up to hundred days. In my Rwandan learning experience, I sought to understand how the country with several genocide memorial sites that are open to outside visitors had managed to overcome this dark past. Most complex is the youth bulge within the Rwandan population. Rwanda has a population of 13.25 million. According to statistics by the United Nations, at the end of the genocide  an estimated 95, 000 children are believed to have been orphaned, were products of rape and were born with some ailment given that in some cases rape by HIV infected Hutus was a weapon of war. How then has Rwanda managed to target young people in its quest for post conflict, healing, and reconciliation?

Anti-genocide laws

Article 16 of the Rwandan constitution provides for Non-discrimination and makes such an act a punishable offence. This important clause is a product of post genocide reconstruction    by the government in trying to heal festering wounds of the 1994 genocide that was instituted based on tribe and ethnicity. Modern Rwanda has managed to transform itself from ethnic identification and this has seen the country discarding ethnic profiling on key documents such as identity documents. Even the people prefer not to be identified by the ethnic origins but rather choosing to be identified as Rwandese. This in my view remains a positive step in reducing future ethnic hostilies. However, this is not without its challenges. For example, it might pose a serious threat to the annihilation of one’s ethnic origins or identity.

Peace Education in schools.

Non-Governmental Organisation (NGO), Aegis Trust developed a model for peace education in Rwanda, supporting tens of thousands of young people across the country with the knowledge and skills to overcome the legacy of genocide. Peace education started as a pilot project at Kigali Genocide Memorial in 2008.In 2014, the Rwanda Education Board announced inclusion of peace and values education as a cross-cutting subject in Rwanda’s new national curriculum.

In the events leading to the 100 days of genocide, Rwanda suffered from the lack of education and other infrastructure for peace. Youth were over-equipped with killing instruments – traditional arms, machetes, guns, etc.  Violent meetings were organized around the country. The media broadcasted violent messages, and hatred was spread around the country. There were warning signs about a possible genocide, and youth were indoctrinated in divisive and genocidal ideology.  Unrest, disorder, prejudice, despair, and instability were the common characteristics in Rwandese communities.

In the aftermath of the bloodshed, the slogan “Never Again” was coined with an objective to never allow the country to slide back into another genocide. In my observation, the country has made steady progress towards healing and reconciliation. Rwandans have demonstrated the power of human resilience. Firm recovery efforts have been made to rebuild the country. Anti-genocide and pro-peace strategies have been established and adopted by the people. While the country still has a lot of ground to cover to attain wholesome healing and reconciliation, the progress made thus far is quite encouraging. The introduction of peace education is a master stroke into the future that will ensure that coming generations understand the importance of peaceful coexistence anchored on ubuntu and human rights respect.

Lessons for Africa

African countries have gone through violent conflicts. While some governments have embraced the past and initiated healing and reconciliation infrastructure such as Truth and Peace Commissions, most of it has been piecemeal and has continued to be subject of rigorous debates among peace practitioners. In East Africa for example, countries such as Uganda continue to trudge on this path. Northern Uganda remains a region in dire need of healing and reconciliation following the war by rebel group, the Lord’s Resistance Army (LRA) that left thousands of dead, homeless and divided. Efforts by the Ugandan government to issue a blanket amnesty on all LRA returnees has been met with mixed feelings as some returnees still face stigma, exclusion, and labelling within their communities. If not well managed, the country will once again slide back into armed conflicts. In countries such as the Democratic Republic of Congo (DRC) that have known no meaningful peace since the 1950s due armed  conflicts by various rebel groups, little has been done to initiate a robust healing process for  communities that have been victims to successive rebels particularly in the Goma area. In Southern Africa, Zimbabwe to be specific, communities that have been on the receiving end of state sponsored massacres such as Gukurahundi are yet to fully enjoy the full benefits of any healing reconciliation process. Tribalism and exclusion continue to divide communities already divided by past atrocities such Gukurahundi and post 2000 cycles of election violence.

In the final analysis, Africa must confront its past and legacies of sponsored violence. This entails creating the requisite political will and strengthening institutions and commissions charged with the mandate of building real and genuine peace. Further bickering and interference will only derail any genuine healing and reconciliation processes.

Rawlings Magede is a Rotary Peace Fellow Based at Makerere University, Uganda. He writes here in his personal capacity. Feedback on rawlingsmagede2@gmail.com

 

 

 

 

 

 

 

 

The ICC and the legacy of the LRA Abductions in Uganda

 By Rawlings Magede

With a former LRA Commander

Over the past weeks, I had  a series of engagements  with representatives from the International Criminal Court (ICC) and former commanders and returnees of Uganda’s notorious rebel group, Lord’s Resistance Army (LRA).The rebel group remains active today and its led   by Joseph Kony.The engagements touched on a number of issues ranging from the conviction of former LRA commander, Dominic Ongwen by the ICC,the issue of reparations for victims of Ongwen and then the integration process of former LRA returnees into communities in Northern Uganda.

The ICC and LRA

On 16 December 2003, the Ugandan government referred the war crimes by the LRA to the prosecutor of the ICC.Since 1986, the LRA led by its leader, Joseph Kony had wrecked havoc on the Acholi people of Northern Uganda. The move by the Uganda government  was the first time that a state party had invoked Articles 13(a) and 14 of the Rome Statute in order to vest the Court with jurisdiction. These two articles  provide for the Exercise of jurisdiction and Referral of a situation by a state party respectively. The ICC set up an office in Uganda subsequently following this development. In 2005,the ICC issued a warrant of arrest for Kony  and his charges ranged from crimes against humanity,murder,enslavement,cruel treatment of civilians among others. Since then, several warrants of arrest have been issued against LRA commanders such as Vincent Otti.In 2021, the ICC successfully convicted Dominic Ongwen of war crimes and crimes against humanity, including murder, rape, torture, and enslavement and sentenced him to 25 years. Following the conviction, the ICC   plans to roll out a reparations program for victims who suffered at the hands of Ongwen. This has been received with mixed reactions by a cross section of victims of LRA in Northern Uganda. Some of the arguments by survivors is why the ICC reparations program is only targeting victims from the area where Ongwen operated. This has created critical conversations about reparations and the work of the ICC in Uganda. This move, if successful will likely create tensions and conflicts in Northern Uganda, an area that is also beset by a myriad of challenges.

The Ugandan Amnesty Act

In the year 2000, the Ugandan government enacted an Amnesty act as a tool to end rebellions in Uganda by encouraging LRA rebels to lay down their arms without the fear of prosecution for crimes committed during the fight against the government. Amnesties offer communities saddled with intractable conflicts to inevitably seek ways of breaking out of painful cycles of violence. The promise of amnesty and reintergration played a vital role in motivating fighters to escape or defect from the LRA.Following this enactment, several LRA Commanders, child soldiers and children born in captivity took heed of the call and fled LRA camps and fled  back to Northern Uganda.While this was a positive move to weaken the rebel group,a lot of challenges ranging from stigmatization,exclusion and poverty awaited the returnees.

In my engagements with a former LRA Commander, Charles Otim there are a wide range of concerns. Key among these is the lack of integration and inclusion of former LRA commanders in the army of Uganda. If anything, the controversial withdrawal of the 2000 Amnesty by government in 2012 has created serious suspicions among the returnees as they fear future prosecution. His other argument is that most alleged perpetrators within the rank and file of the LRA are victims themselves. In his case, he was abducted by LRA rebels when he was only 12 years old on his way to school and became a child soldier. Many young soldiers who were abducted during forceful conscriptions were subjected to other serious abuses. Otim argued that while the integration LRA senior commanders has posed a complex challenge, Ugandan communities particularly from the North continue to flag this issue with courage. While the offer for amnesty for LRA returnees was a minimum form of reparation from the government, it is issues of exclusion that have continued to fuel disgruntlement among returnees.

For example, another survivor that I met, MS Evelyn Amony highlighted that just like Mr. Otim, she was also a victim who was abducted by the LRA when she was only four years old. She spent more than eleven years held up in a LRA camp and gave birth to three children. She highlighted that since her return, she and her fellow returnees have suffered serious discrimination. Access to documents, especially by returnees, has also been a challenge and attempts to have these issues addressed have been met with stiff resistance even by the authorities. In 2014, through her organisation composed of women returnees, Women’s Advocacy Network (WAN) she petitioned the Ugandan parliament to take swift action and improve the welfare and challenges faced by LRA returnees. To date, there has been no response on the matter from the Ugandan Parliament. More worrying is the failure by government to roll out a robust rehabilitation program for most survivors. According to a 2018 study conducted by the Firoz Lalji Centre for Africa Research titled, “Politics of Return” which explores the return and reintegration of ex-rebels, notes   that poverty and denied access to land for returnees have hampered their reintegration and recovery. The study was conducted in the districts of Gulu, Nwoya and Amuru (Northern Uganda) targeting children born during the LRA war to identify gaps that exist in their birth registration. The findings also revealed that most children born in LRA captivity were born in DR Congo, The Central African Republic, and South Sudan. Getting these children key documents such as birth certificates and identity card documents has proved to be a mammoth task. This, coupled with lack of access to land and exclusion has compounded the modern-day challenges for the returnees.

In the final analysis, while debates on the exclusion of returnees will continue to run, legitimate as it is, such debates should not be allowed to paralyze the need for swift decision making and sound responses to the plight of LRA returnees. For there is, in fact considerable common ground across the population in Uganda that the majority of LRA returnees were first victims before they were forced to become perpetrators. To successfully address and recover from the legacy of the LRA conflict, Uganda needs to retain an official response on the plight of returnees, going beyond the use of force and prosecutions. The ICC needs to revise its reparation program in Northern Uganda and initiate a process that will target all victims of the LRA atrocities. Such a step acknowledges complexity and seeks to meet the needs of victims of all shades. In the words of Ms Evelyn Amony, “peace doesn’t have a language or ethnicity. Everyone has a responsibility to build peace”.

Rawlings Magede is Rotary Peace fellow based in Uganda, Kampala. He is also a Development Practioner.Feedback on rawlingsmagede2@gmail.com

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Beyond ZEC, the country needs a credible Electoral Body

 By Rawlings Magede

The Zimbabwe Electoral Commission (ZEC) turns 9 years this year having been established under Chapter 12 of the constitution in 2013. Its establishment was part of efforts by citizens to bring sanity to our electoral democracy especially after sham elections in 2002, 2005, and 2008 respectively. Since its establishment, the electoral body has done very little to inspire public confidence through its intents. After the 2013 elections that were generally peaceful, there were allegations that the electoral body had enlisted the services of an Israeli company, Nikuv to rig elections on its behalf. Though these allegations divided public opinion, they served to erode the little confidence citizens had in the new electoral body. As ZEC turns 9 years this year, has it fulfilled the aspirations of those that voted resoundingly in favour of the constitution in March 2013?

Our Electoral processes have always failed the test!

While the 2013 election was generally peaceful, reports of massive vote-rigging hampered the prospects of ZEC in presiding over free and fair elections. According to reports a complex confluence of factors accounted for the 2013 electoral outcome. In some cases, critics noted that the voters roll had ghost voters who ended up “voting” on Election Day. The term “ghost voters” became center stage after election results were released. In some constituencies, there were errors by the Commission which dealt a heavy blow to its credibility. Unlike the 2008 elections which were very violent, the 2013 elections exposed administrative gaps within the commission.

The 2018 elections, which were punctuated by a new President in Zanu Pf didn’t fare any better. Delays in the release of results exposed the commission's inability to be impartial. In constituencies such as Chegutu, the commission failed to vote-tallying of results and announced a losing candidate, Dexter Nduna as a winner. To this day, he represents this constituency in defiance of the principles of representative democracy. Former Zanu pf member, Jonathan Moyo has written a book dubbed “ExcellGate” that exposes how ZEC manipulated results using excel sheets. While allegations in this book must be taken with a pinch of salt, its contents must be seriously analyzed. Since the 2018 elections, a dark cloud of doubt and suspicion has engulfed our electoral democracy. A basic survey among citizens notes deep-seated problems of mistrust and suspicion by citizens over the inability of ZEC to preside over a free and fair election that meets international standards.

Enter March 2022 By-Elections!

The run-up to the elections was marred by a lot of inconsistencies on the part of ZEC. Electoral advocacy group Pachedu noted a lot of inconsistencies within the voters' roll that was to be used for the by-elections. In some instances, ZEC had either changed addresses or polling stations for some voters. On the day of the by-election, many voters failed to vote because their names were not on the voters' roll. This is besides that in the 2018 general elections, they managed to vote. Added to this, the by-elections were also marred by widespread violations of the Electoral Act mostly by the ruling party, ZANU PF. In Chivi South, for example, ZANU PF campaign vehicles were roving around polling stations soliciting votes on the day of the election. This violates Sections 160A (G, K) and 160A (7)(1e) of the Electoral Act.

Attempts by the newly formed Citizen Coalition for Change (CCC) Secretary-General, Charlton Hwende to get a voters roll earlier before the day of the by-election hit a snag as he was violently stopped by armed riot police from accessing ZEC offices in Harare. Against all the numerous anomalies raised by Pachedu, ZEC did very little to restore public confidence but proceeded with the by-election. True to what Pachedu noted around irregularities and inconsistencies with the voters roll, many people across constituencies were turned away and failed to exercise their right to vote.

The recent by-election has put the final death nail on our electoral democracy and on the ability of ZEC to preside over free and fair elections. In Epworth constituency where I was an observer, many people who were turned away had proof that they were registered and voted in the 2018 general elections. Some even went a step further by utilizing the mobile ZEC platform for registration to check if they were registered.

2023 Elections

Disbanding ZEC is tantamount to rewriting the constitution. Given that we are just a few months to go before the next election, it will be premature to call for the disbandment of ZEC. One of the key reforms that opposition parties have been pushing for over the years is the Diaspora vote. While ZANU PF and ZEC have been unrelenting on this, the opposition must restrategize. In my view; they need to redefine the “Diaspora” target citizens in neighbouring countries such as South Africa, Botswana, and Namibia. Citizens in these countries stand a better chance of voting in next years’ election. It is estimated that over 2 million Zimbabweans reside in South Africa. For the opposition, it then becomes imperative to think around modalities on how these people can be registered to vote in the 2023 general elections. Although this has its own challenges the fact that some political parties have branches or structures in some of these countries makes it even easier.

In the final analysis, ZEC has failed to inspire confidence even in a new set of voters on the horizon. The way it administered the March by-elections and the inconsistencies in the voters' roll have eroded citizens’ confidence. The 2023 elections will be nothing different.

Homeland or Death, Tinofa Tichienda!

Rawlings Magede is a Development Practitioner, who writes here in his personal capacity. He tweets @rawmagede and is contactable on vamagede@gmail.com

Zimbabwe’s Look East Policy and its Pitfalls

By Rawlings Magede

China’s international resource push began in earnest in 1999, when it’s Going Global Strategy liberalized investment policies and provided financial incentives to encourage overseas investments and contracts. Such a strategy was necessitated by a depletion of its own domestic resources. This scenario then forced China to create partnerships with African countries, a development that has created suspicion across the African continent as most people assume that it is a new form of neo-colonialism.

The turn of the millennium saw a drastic change in Zimbabwe’s foreign policy. The disagreement between Zimbabwe and the European Union (EU) in 2003 led to capital flight and economic depression and this resulted in Zimbabwe being isolated from the EU in the form of targeted sanctions. With no viable source for continued support, the country retraced its historical roots and deepened relations with China and this culminated into Zimbabwe adopting a look East policy. The relations between the two countries date back to the war of liberation and were cemented more by the refusal of Russia to provide military support to ZANU PF but rather chose to back ZAPU.Of course all this was part of an ongoing Cold war and a fight for hegemony in Africa.

Since 2003, China has increased its activities in the country and has made massive profits through resource exploitation. According to statistics, trade between the two countries have amounted to more than US 1.1 billion with China the biggest buyer of Zimbabwean tobacco and also importing cotton various minerals. Chinese state construction firms have also been active, building infrastructure including Zimbabwe’s US $100 National Defence College. In 2016, China agreed to finance a new 6500 seat Parliament. The Chinese have invaded every sector from Mining, Manufacturing and Agriculture which form the bedrock of economic revival in the country. However, China’s investment in Zimbabwe has its own pitfalls that have over the years been downplayed.

Look East and disregard Human Rights?

The height of Chinese involvement in the country was when Chinese companies were granted concessions to exploit diamonds in Chiadzwa. Their mining activities left a trail of destruction including forced displacements of thousands of people. The displaced were resettled in Arda Transau; a barren area situated about 30km away from Mutare. The area has no social amenities, no agricultural land and grazing land for their livestock. Since the displacements, Chinese companies have reneged on promises that they made to the people and attempts by pressure groups to address this has been met with stiff resistance by the government. This has been compounded by the fact that the diamond companies have closed shop and halted their operations. The displacements dislocated the livelihoods and socialities of the people and exacerbated people’s vulnerability to livelihood shocks, insecurity and poverty. Over the years, the Chinese have spread their economic tentacles to every province in the country. Reports of forced displacements, poor working conditions and in some instances beatings have been recorded at mines owned by Chinese companies. Over the years, shocking details of gross human rights abuse have also emerged where Chinese officials are seen assaulting workers. The assault of a Chief Chivero in 2019 by a Chinese national in Norton is one such case. Amidst all these gross human rights violations by Chinese companies, the government does not appear moved. Such cases have been downplayed and dismissed while human rights violations continue unabated. The media particularly the State owned media has continued in overdrive praising Chinese projects while underreporting cases of human rights abuse against citizens by Chinese companies such as forced displacements.

 More recently, the Newsday reported that hundreds of Chivhu Villagers are set to be evicted off their ancestral land to pave way for a 12 000 hectare Iron and steel mining project by a Chinese company, Tsingshan Group Holdings. The experiences of Marange families, who were displaced from the ancestral land and dumped at Arda Transau between 2009 and 2015 and over 3000 families of Tokwe-Mukosi who were relocated to Chingwizi, are testimony of how relocation exercises in Zimbabwe have failed to uphold the rights of the affected communities.

On the other hand, the Ministry of Mines and Mining Development has continued dishing out mining and exploration special grants to Chinese companies to achieve its 12-billion –dollar mining economy target  unveiled in 2019.This however comes at the detriment of local communities that have been invaded by ambitious fortune hunters armed with special grants. Since the Look East policy was adopted in 2003, the country has recorded nationwide land conflicts as communities are exposed to forced evictions due to prospects of mining activities. Constitutional Provisions such as Section 74 of the constitution that provides for Freedom from arbitrary eviction have been ignored.

In the final analysis, the Look East policy while it has recorded considerable development, , it’s implementation  by Chinese companies has also witnessed wanton disregard of fundamental human rights and freedoms of citizens. The government must meaningfully engage local communities before awarding extractive contracts to investors. This will give citizens the opportunity to give or withhold their consent in line with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

 Rawlings Magede is a Development Practitioner who writes here in his personal capacity. Feedback on vamagede@gmail.com

 

 

 

The fight for constitutionalism up in smoke

By Rawlings Magede

Events of the past month have happened so fast and left many without much to do except to just watch as events unfold. Half of Legislators from the MDC-T led by Douglas Mwonzora voted in favour of the controversial Constitutional Amendment Bill No.2.The Bill has ascended to the Senate where it is likely to sail through without much opposition. In response to public outcry over this unfortunate move,MDC-T leader Douglas Mwonzora conducted a press conference during the week where he admitted that half of his Legislators had voted in favour of  bill number  while the other half voted against it. “Those who voted Yes were voting for the women’s quota, the youth quota, the quota of women in council and devolution. Those who voted No from our camp were voting no to the running mate and the judges’ clause. We think their behavior was reasonable.”, he said. He also highlighted that his there was no backlash or disciplinary measures for those who had voted in favour of the bill. Such a confession exposes his party for lacking clarity and a position on the proposed amendment bill given that in the past he had opposed any amendments highlighting that before any amendments could be effected, there was need to implement the constitution fully. In the wake of public backlash over this issue,  Presidential Spokesperson, George Charamba branded the opposition outfit “out of depth” for having voted for the bill.

The history of Constitutional reform in Zimbabwe

Many years ago, I had the opportunity to watch the documentary of the constitution making process dubbed, “Mugabe and the Democrats” by renowned Danish film maker, Camilla Nielsson. It made sad viewing. One of the most suppressed debates during the rushed constitution making process was the manner in which even civil society colluded with opposition political parties to endorse a process that had failed to meet the principles of a people driven constitution making process. I remember during such times, those who dared question the process were either labeled or thrown off the gravy train that was fast moving towards Judgement day.

The documentary by Nielsson aptly captures the highs and lows of the constitution making process. In it, you came face to face with two desperate COPAC co-chairs, whose long time friendship was tested time and again due to pressure from their principals in the inclusive government. The documentary also exposes the desperation of the two men who wanted the process done with never mind the irregularities. It remains  a complex puzzle on why we have useless Chapter 12 Institutions that are supposed to be independent but yet Commissioners in these institutions serve at the mercy of a sitting President. Did this really come from the people or was some horse-trading between the parties in the inclusive government? The documentary however offers a reference point for future generations that will continue to stir   debate and remain on their restless lips for years to come. The new constitution that many describe as progressive has all but failed to deepen our democracy. If anything, we have even recorded increased attacks on fundamental liberties such as the right to petition and demonstrate, right of arrested and detained persons, right to personal security among other liberties. The process of realigning and repealing draconian laws has been met with stiff resitance.The political will to do such a process in earnest has been hard to come by. If anything the disregard for the constitution has even intensified under military rule that kicked in 2017 when Mugabe was ousted.

Why Mwonzora and co are doomed

The opposition is fragmented. The MDC has splint into various formations in the past and over the years we have seen erstwhile cadres finding each other again under a united front. Never in the history of opposition fights have we seen the complicit hand of the state remote controlling the turn of events. The controversial ruling made by the courts to gift Douglas Mwonzora with the power to claim the party’s Headquarters, political parties financing and control of Legislators has exposed his political outfit. Apart from this, Mwonzora has gravely exposed himself as a leader who lacks principles. It only took him a matter of seconds to shred and reverse gains in the new constitution by allowing his Legislators to collude with ZANU PF to vote for the controversial amendment bill. The will of the overwhelming number of people who voted in favour of the constitution has been overturned. In my view, there is nothing wrong with amending the constitution but in our case, we haven’t even enjoyed the benefits that came with it. We haven’t fully implemented the constitution owing to the lack of political will and grandstanding on the part of the state.

For example, there is Section 210 of the constitution that is yet to be operationalised.This important provision empowers the public to drag members of the security services to a Commission to seek redress on issues of misconduct on the part of members of the security services. The majority of people who voted in favour of this provision appreciated the need to have such a mechanism in place given their experience with members of the security services especially in past episodes of state sponsored violence such as Murambatsvina, Gukurahundi and the 2008 violence. Section 210 is one among many provisions that are yet to be operationalised.The 2023 elections will signal an end to most political careers in our country. Among those people will be Mwonzora and his outfit who have subverted the will of the people by endorsing unnecessary amendments to a relatively new and unused constitution. What do citizens stand to benefit from amendments that concentrate power and authority in the hands of a sitting President?

In the final analysis the argument by Mwonzora in his defense of voting in favour of the amendments is invalid and misplaced. There is no need to extend the Women’s Parliamentary quota system. We need to implement the equality clause in the constitution so that women have 50/50 share of positions right from even Local Authorities. On the Youth quota, it is just pure political tokenism meant to absolve loud cries from young people on political exclusion. What we need is a framework that ensures that youths are integrated and supported at all levels.

 Rawlings Magede is a Development Practitioner who writes here in his personal capacity. Feedback on vamagede@gmail.com

 

 

 

 

Elections will be held in 2023, but Zimbabwe has even bigger problems

By Rawlings Magede

 The Zimbabwe Democracy and Economic Recovery Act (ZIDERA) singles out the need for stronger and independent institutions as enablers for the conducting of free and fair elections. Section 3 (a) of ZIDERA deals with the independence of the Zimbabwe Electoral Commission (ZEC) which is supposed to carry out its functions assigned under Section 239 of the constitution in an independent manner. Section 3 (c) deals with the Defence Forces of Zimbabwe who are bound by the constitution in Section 208 not to act in a partisan manner or further the interests of any political party.

 The 2018 elections left a lot of talking points especially around the credibility of ZEC and the complicit of security services in determining electoral outcomes. The unfortunate events of August 1, 2018 left a dark cloud hanging over prospects for the enjoyment of fundamental human rights and freedoms such as the right to petition and demonstrate enshrined in Section 59 of the constitution. The extra judicial killings by well known members of the Defence forces all but confirmed widely held perceptions that our security services are not apolitical. The “useless and time consuming” Commission of Inquiry set up soon after the killings failed to bring perpetrators of the shootings to book. Its report was verbose and ambiguous with no clear intent of ensuring that such an unfortunate incident will not envelop our politics ever again. If anything none of its six “rushed” recommendations spoke on the need to build strong, independent and accountable institutions which form the cornerstone of a stable government. A democracy with strong institutions would be able to produce the essential elements of a fully democratic government through proper separation of powers thereby enabling a system which allows for checks and balances of the various arms of government.

In Zimbabwe, Strong Men have ruled our weak institutions, allocated unchecked power to themselves and largely depleted our resources through cartels oiled by patronage. But all this is a major digression from the main discussion topic. 2023 and the Youth demography The MDC Alliance Youth Assembly is currently seized with a campaign dubbed #OneMillionCampaign which seeks to mobilize a million new youth voices for change. This initiative is progressive as it seeks to target a new youth constituency that has either not actively participated in democratic processes such as elections or even stood up for their rights. While this noble exercise is going on, the State for all its intents and purposes has ensured that it closes democratic space in as far as freedom of expression and the right to petition or demonstrate is concerned. A key strategy throughout the year has been to clamp down protests as early and consistently as possible. 

The Impala car rental protests organised by the Zimbabwe National Students Union (ZINASU) bears testimony to that. The Union’s President, Takudzwa Ngadziore was kept behind bars for a lengthy period of time just to send a message of who really is in charge and discourage reactionary protests. The abduction of Tawanda Muchehiwa, nephew to Zimlive Editor, Mduduzi Mathuthu’s in broad day light demonstrates how far the State is willing to go to crush any form of dissent. As an inquiry into the abduction of Muchehiwa continues to unfold, it has also brought to the fore issues of heavy infiltration within the opposition party since one of the MDC Alliance members has been fingered for aiding in the abduction of Muchehiwa. Again as this is going on, ZEC has also been equally exposed for its lack of independence.

 Health Minister, Constantine Chiwenga who also doubles as the Country’s Vice President, announced a ban on by elections in October arguing that it was not safe to do so during the COVID 19 pandemic. To this effect, this has been challenged in court. Arguments cited are that such a ban infringes upon the independence of ZEC which has a constitutional mandate to ensure that elections are conducted efficiently, freely, fairly and transparently in line with Section 239 of the constitution. In response to the ban on by elections, ZEC chairperson Priscilla Chigumba highlighted that ZEC has no power in terms of the law to dictate to the Executive when elections should be held as it is not mandated to make policy decisions. Such a revelation however erodes citizens’ confidence in ZEC as it appears that the Executive controls this key commission. In the final analysis, the 2023 elections will come and go and will produce a disputed winner like before. Key reforms such as the need for ZEC to demonstrate its independence will continue to dominate and divide public opinion even post 2023.The bigger problems that we have ahead of the 2023 elections is the need to mutilate strong men politics and build strong institutions.

 To sum it up in former US President, Barack Obama’s words, No person wants to live in a society where the rule of law gives way to the rule of brutality and bribery. That is not democracy that is tyranny, and now is the time for it to end. Africa doesn't need strong men; it needs strong institutions

 Rawlings Magede is a Communication for Development expert who writes here in his personal capacity. Feedback on vamagede@gmail.com

Turmoil in Nigeria, an urgent call for Security Sector Reform in Africa

By Rawlings Magede

 United Nations Secretary General, Antonio Guterres call in March 2020 before the escalation of the COVID 19 pandemic on the need to “Silence the Guns” in times of the global pandemic received was a progressive call. The call received broad international support as some parties to conflicts in many countries consolidated ceasefire or move towards laying down of weapons. As a way of amplifying calls for this noble initiative, the African Union (AU) resolved that ‘Silencing the guns: Creating conducive conditions for Africa’s development” was going to be the organization’s theme for 2020 as a way of ensuring that this call by the UN chief can be realized. A critical element for this call however is hinged on the need to reform, professionalise and strengthen the security sector in Africa.

 In the absence of sound security sector management and governance, African societies will remain or become vulnerable to threats in both the short and long term. Limited or incomplete security sector reform can scuttle efforts on the need to democratize and respect rule of law in Africa. Nigeria is in turmoil The West African country is currently under turmoil as citizens have taken to the streets calling for the abolition of the federal Special Anti-Robbery Squad (SARs), a special police unit set up decades ago as the country tried to contain rising levels of crime and kidnappings.SARS is accused of initiating unlawful arrests, torture and extrajudicial killings. At the centre of the ongoing demonstrations is a video that went viral allegedly showing SARs officers killing a young man in the Southern Delta State. 

The man who leaked the video was arrested which further sparked even more anger by the protestors. Human Rights organisation, Amnesty International released a report that chronicles more than 80 cases of torture, ill-treatment and extrajudicial executions by SARs between January 2017 and May 2020. Following pressure on the need to disband SARs, Nigerian President, and Muhammadu Buhari was forced to act and dissolve the controversial unit. In its place, a new outfit, Special Weapons and Tactics (SWAT) was formed. The news of the formation of the SWAT failed to convince protestors off the streets as they viewed the renaming exercise as just another window dressing exercise by the government. The need for Security Sector reform in Africa is urgent! One of the many arguments peddled by opposition political parties in authoritarian regimes is the need for security sector reform.

 While ruling parties enjoy the unfettered benefits attached to incumbency, their long stay has been aided by politicised elements within the security establishment. In Zimbabwe for example, the military even during pre –independence era has always been the kingmaker in deciding political leadership. A case in point is the 1975 Mgagao declaration that deposed Ndabaningi Sithole at the helm of Zanu and replaced him with the then Secretary for Information, Robert Mugabe. At independence in 1980, the demobilization process initiated by the new government failed to cut the symbolic umbilical cord between political parties and the ex-combatants. This process if done sincerely was going to professionalize the security sector and ensure that they do not interfere in political processes. The 2013 constitution in Section 208 states that, “security services must not further the interests of any political party or act in a partisan manner”. Calls to depoliticize and professionalise the army over the years have been vehemently dismissed by some hardliners within the security establishment who have a sense of entitlement over the trajectory that the country must take especially when it comes to electoral processes. In the case of Nigeria, a series of military coups since 1966 have derailed efforts for a transition to effective civilian rule. From the 1990s, General Ibrahim Babangida who was the head of state then set a wrong precedence when he decreed that candidates who had participated in the presidential primaries were banned from further participation in Nigerian politics. Since that time, the country witnessed a series of coups right up to 1999 when Olusegun Obasanjo took over. Such practices mutilated a democratic culture within the country and closed space for citizens in demanding and holding institutions accountable.

 In scenarios where citizens would want to register displeasure on shortcomings of the government, the default mode of the government has been to resort to the use of violence, torture and extrajudicial killings. In Africa, the role of security services has been divorced from their constitutional obligation of respecting fundamental rights, freedoms and democratic values and principles. Across the African continent we have seen members of the security services using violence to crush dissent. In Cameroon, the protracted Anglo-phone crisis that engulfed the country in 2016, the military has killed hundreds of civilians who have dared to protest to register their displeasure over the reluctance of government to soberly address grievances from the Anglophone territories on Northwest Region and Southern Region. Time would fail me to talk about Ivory Coast, Chad, Niger among many African countries. Security Sector reform is no easy task. It is intrinsically a political process. It is often a very crowded space with many actors and many different interests. To achieve progress in reforming the security sector, countries must provide a clear vision on how they can manage political divisions and deal with long term rule of law priorities. In doing so, national constitutions must be upheld as a way of safeguarding human rights and rule of law.

 In the final analysis, security sector reform calls for a comprehensive approach to reform encompassing all the institutions of the security sector as well as other actors from civil society, oversight bodies and others. Its implementation requires independent institutions which can help insulate democracy and rule of law during the reform process. 

 Rawlings Magede is a Communication for Development Expert who writes here in his personal capacity.Feedback on vamagede@gmail.com

The “us against them Syndrome” and the role of the Church in Zimbabwean politics.

By Rawlings Magede

There is no doubt that the new dispensation has failed to live up to people’s expectations. The golden opportunity gifted to President Mnangagwa after the military coup of 2017 to sanitize himself by embarking on a series of reforms, is now proving to be a nightmare for him as each day comes with its own fair share of embarrassment for the embattled regime. The economy that was inherited from Robert Mugabe is now worse off. From failure to stamp out graft and corruption to propping up monopolies over grain and fuel, signs of failure are now visible for all to see. The recent gaffe being a statement by Minister of Information, Publicity and Broadcasting services Monica Mutsvangwa where she branded the letter written by the Zimbabwe Catholic Bishops Conference (ZCBC) misguided. One would have expected the Minister’s response to be sober but alas she went overdrive by carefully choosing uncouth and derogatory phrases such as evil minded, misguided and evil to describe the bishops. Very much unheard of for a government Minister responsible for the overall communication and public relations of the government to resort to the use of hate speech to respond to critics. This is not the first time though the church has come under attack by the government.

The church, particularly the Roman Catholic Church has always stood for justice and peace which form the hallmark of its doctrine. During the Gukurahundi era in Western Zimbabwe in the 80s, the Catholic Commission for Justice and Peace (CCJP) led by its former Director, Mike Auret (now late,MHSRP) ruffled Robert Mugabe’s feathers when it vehemently condemned the massacres. Under Auret’s leadership, the CCJP played a role to try and stop the slaughter of thousands of ZAPU members by Mugabe’s brigade of North Korean trained soldiers. Scores of people who had either been displaced or injured during Gukurahundi sought refuge at Catholic churches while some got assistance from the rural Catholic hospitals.Auret fearless character also saw him arranging for Archbishop Heinrich Karlen to meet Mugabe and told him in his face that his own soldiers are saying that they were sent by him to kill and alienate Ndebeles.This has been the attitude of the church since independence. When evil prevails, the church must always take a lead in speaking for the oppressed and voiceless.

Of ignorance and incompetence

The Ministry of Information either through its Permanent Secretary, Nick Mangwana or the Minister, Monica Mutsvangwa’s have more often than been exposed for their lack of tact and experience in handling government public relations and communications. The statement released as response to the Bishops is littered with hate speech from start to end. Added to this, it has tribal connotations as only one Bishop Robert Ndlovu is singled out of a list of seven Bishops and subjected to derogatory insults. Why him? Is it also by coincidence that the statement from the Ministry tries but fails to draw parallels between Bishop Ndlovu and a Rwandan priest, Archibishop Arthanase Seromba who led to the massacre of Tutsis during the Rwandan genocide of 1994 by directing Hutu militias to churches were thousands of Tutsis were taking refuge? The statement by the Ministry of Information also comes barely a week after another statement dismissing claims that there was a crisis in the country. Again that said statement exposed the carelessness and lack of tact by the Ministry. Hate speech again featured prominently. Nothing substantial was raised except for the usual name calling that has become cold comfort for the Ministry. The Ministry of Foreign Affairs in all it failures has fared better that the Ministry of Information due to its careful choice of words and strategies. There is no doubt that the regime has failed to arrest run away prices and corruption but in my view I think the way the Ministry of information handles some government issues or gaffes exacerbates the situation.

The Catholic Bishops must be commended for making such an important call at a time when the space for civil liberties continue to be closed.Nomatter the consequences of taking such a stand, credit must be given to the Bishops. The country is at cross roads and the future that our war veterans fought for is on the verge of being destroyed. The approach by government not to take criticism lightly further exposes it as an administration that shuns reform and tolerance. President Mnangagwa must move from slogans to real action. What happened to his claim that he is a listening President? When will he listen? Does he listen? The statement to the Bishops exposes him as a leader bent on crushing and silencing anyone who dares to criticize him. In the final analysis, the Bishops have marked themselves out from the homogeneous crop of churches that over the years have turned a blind eye to the plight of citizens. The role of the church in Zimbabwe must even gain prominence even during such times. Truth to power is the new form of resistance.

Rawlings Magede is a Communication for Development expert with vast interests in human rights, peace building and sustainable development.Rawlings has been a blogger since 2009 and has written extensively on Zimbabwe’s constitution making process, politics,peace, devolution and media advocacy