Zim, Swaziland erode "fundamental values"

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SADC Council of NGOs (SADC-CNGO), Southern African Trade Union Coordinating Council (SATUCC) & Fellowship of Christian Councils in Southern Africa (FOCISSA), representing broad membership in all SADC Member States, met at the Parktonian Hotel, Johannesburg, South Africa from 13-15 August 2008.

We are deeply concerned that the developments in Zimbabwe and Swaziland undermine the fundamental values and principles of democratic governance that are embodied in the SADC and African Union (AU) Charters, Declarations and Protocols.

 The SADC Treaty stipulates that: Human rights, democracy and the rule of law are principles guiding the acts of its members (Article 4(c)). Article 5 outlines the objectives of SADC, which commits Member States to promote common political values and systems which are transmitted through institutions which are democratic, legitimate and effective. It also commits Member States to consolidate, defend and maintain democracy, peace, security and stability in the region;

Further, the SADC Protocol on Politics, Defence and Security Cooperation provides that SADC shall “promote the development of democratic institutions and practices within the territories of State Parties and encourage the observance of universal human rights as provided for in the Charter and Conventions of the African Union and the United Nations”;

The SADC Principles and Guidelines Governing Democratic Elections aim at enhancing the transparency and credibility of elections and democratic governance, as well as ensuring the acceptance of election results by all contesting parties.

We believe that human rights, democracy, the rule of law and good governance, being the principles upon which SADC is founded should be strongly protected and that SADC Member States have an obligation to their citizens and the region to guarantee and protect these fundamental rights. Both Zimbabwe and Swaziland have failed to fulfill the fundamental principles of SADC. Thus, we call on SADC Heads of State & Governments to:

On Zimbabwe

•    Declare the Presidential run-off elections of the 27th of June 2008 and its outcome illegitimate and unacceptable;

•    Send a peace-keeping force to Zimbabwe in concurrence with the African Union Charter, United Nations Charter and SADC Protocol on Politics, Defence and Security Cooperation (Article 2(2)), to confine Zimbabwean police and armed forces to the barracks, and disband ZANU-PF’s youth militia & war veterans and close their military base camps;

•    Demand that Mr. Robert G. Mugabe and the government of Zimbabwe should:

I.    Uphold regional and continental norms and protocols governing democratic elections;

II.    End state sponsored and politically motivated forms of violence, harassment, intimidation, arrests & detentions; III.    Repeal repressive pieces of legislation such as the Access to Information and Privacy Act (AIPA), Public Order and Security Act (POSA), the Broadcasting Services Act, the Presidential and Temporary Measures Act, and the Miscellaneous Offences Act;  IV.    Facilitate humanitarian relief by lifting the suspension imposed on aid groups and civil society organizations to allow them to attend to all victims of the humanitarian disaster.V.    Put in place the transitional arrangements that will usher in conditions necessary for democratic, free & fair elections.

We acknowledge the SADC mediation efforts led by H.E. Mr Thabo Mbeki the President of the Republic of South Africa and the MoU that has been signed. We also welcome the signing of the Memorandum of Understanding (MoU) by  Zimbabwean political parties under the auspices of SADC thereby setting a basis for negotiations to find a solution to the Zimbabwean political stalemate and crisis. We do note that the MoU represents a positive step forward and lays the basis for a meaningful engagement. We are however profoundly concerned that;

•    The process lacks inclusivity, sensitivity to gender equity and balance, transparency and accountability processes. Additionally it is, undermined by a continued militarization of the country;•    There have been inordinate delays in the negotiation process against the time frame provided for in the MOU and the recent stalemate has further aggravated the situation. •    The passports of Leaders of the Movement for Democratic Change (MDC) – including Morgan Tsvangirai’s – were temporarily seized at the Harare airport when the MDC delegation was on its way to Johannesburg where the SADC Summit of Heads of State and Government will meet since the seizure does not show good faith;•    The mediation process and structures should be improved to better enhance delivery of a stable and a prosperous Zimbabwe.

Therefore, we the representatives of Workers, Churches and NGOs in the Region hereby call for:

•    Space for civil society participation to be consulted in the inter-party negotiations;•    The mediation process and structures should be improved to better enhance delivery of a stable and a prosperous Zimbabwe.•    A Transitional Executive Authority led on a no-partisan basis, to be in-charge of the country for a period no more than 2 years and has three key mandates: people driven constitutional review process, preparation and holding of  democratic  elections under the new constitution, development – in consultation with civil society - and implementation of transitional justice mechanisms ensuring truth, justice, reconciliation and healing;•    All parties to observe the provisions of the MoU.•    Political leadership in Zimbabwe to place the interest of the masses above narrow political interests;

On Swaziland

Demand that the government of Swaziland and King Mswati should:

•    Call off the elections planned for September 2008 because they will be undemocratic due to the flawed processes and hostile political environment in Swaziland;

•    Institutionalize multi party democratic elections. The continued denial of political space, particularly the ban on multiparty politics and the right to participate in public institutions of decision-making, remains a denial of a core tenet of democracy and therefore is against the Principles and Guidelines Governing Democratic Elections

•    Unban political parties. The continued banning of political parties which was initially authored by the King’s proclamation to the Nation of 1973 has since been validated by the new constitution promulgated in 2005.

•    Grant amnesty to all Political Exiles: Although continually denied by the state, several Swazi nationals remain in exile for fear of persecution by the state.

•    Allow the evolution of a truly representative national dialogue or national convention which will result in a truly democratic constitution which will be a true representation of the people of Swaziland: The current constitution remains illegitimate as it was unilaterally driven without the critical input of Swazi stakeholders.

•    End the cancerous corruption and greed: The royal family has entrenched a deep culture of cancerous corruption and greed in Swazi society, with the state institutions permanently ingrained in pervasive corruption that eats away the social fibre of Swazi society. A huge part of the budget is corroded by perpetual corruption and greed, which is led by the ruling minority, particularly in a country where almost 70% live on international food aid and which is almost a world leader in suffering the devastating effects of HIV/AIDS

In view of the issues raised, we the representatives of Workers, Churches and NGOs in the Region hereby:

•    Call for the restructuring and democratisation of SADC in order to respond appropriately and adequately to the challenges in the region: e.g. developing clear criteria & guidelines for membership and positions of responsibility in SADC. To this end, we oppose the assuming of the Chairmanship of the Organ on Politics, Defence and Security Cooperation to Swaziland and Angola's continued membership of the Organ Troika, for their failure to adhere to the SADC Principles and Guidelines on Democratic Elections;

•    Support the stand taken by Botswana government that there is no legitimate Executive Authority in Zimbabwe. We hold the same position and therefore oppose the participation of Zimbabwe in the SADC Summit and activities until the establishment of a legitimate authority.

 

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