Maravi

(HERALD) Case against sanctions on course

Case against sanctions on course

IN the first ever legal challenge to the European Union sanctions against Zimbabwe, Senator Aguy Clement Georgias, is single-handedly engaged in a lawsuit against the British government. Senator Georgias is seeking remedy in a landmark case filed in the British High Court on August 21 last year, for the refusal by British Immigration Agency officials to grant him leave to enter or transit through the United Kingdom. On May 26 last year, Senator Georgias was barred transit through London en route to New York where he was to receive an award on behalf of his company Trinity Engineering Pvt Ltd. This week, The Herald spoke to Senator Georgias for an update on how the case is proceeding.

Question: Senator Georgias just about six months have passed since we spoke to you about your lawsuit against the British government. Would you like to share with our readers what has become of your legal action? Is there any outcome yet to talk about? How far has the case gone?

Answer: Our case is still on course. I believe my case is sound, solid and strong but obviously I cannot predetermine the outcome. I am however, advised by my solicitors in London not to discuss the matter in detail at this stage.

All I can say is that a date for a hearing at the UK’s Asylum and Immigration Tribunal has been agreed but is still to be set.

You may ask, why the delay?

Your readers will appreciate that my case is highly political, and to be sure sensitive, as it has to do with European Union sanctions against Zimbabwe.

As such we have experienced certain delays due to events that occurred at a critical stage in the litigation process. These were due to certain circumstances to do with legal representation for us in London.

The lawyers we had hired to represent us, for reasons of their own, decided they could no longer continue to act on our behalf.

To me, there appears to have been extra-legal reasons for their abrupt and random action, but I cannot speculate on that. This, however, took me aback as I had to self-act for some time until I secured the services of our present solicitors who I must say have proceeded with excellence and outstanding professionalism.

You may, however, be interested to know that this was after we approached 43 law firms in London, who all declined to act on our behalf. We even wrote to the British Law Society to assist but we got no response. I have met similar frustrations before, as with my case in Zambia, but I can not relent. The case is thus proceeding.

Question: Senator, you talk of a hearing at Britain’s Asylum and Immigration Tribunal. How is this so and does this constitute a challenge to EU sanctions?

Answer: It is simply a matter of procedure. We have to comply with the legal requirements of the British judicial system which process is now underway. The British Immigration Agency cited the EU sanctions in refusing me permission to enter or transit. This is, as they say, because my name was added to the EU travel ban list when I was appointed Deputy Minister of Economic Development, as part of the EU restrictive measures on Zimbabwe. Legally, the British Secretary of State for the Home Department is the respondent.

We therefore are proceeding according to the advice of our solicitors in London. It is evident the Restrictive Measures on Zimbabwe adopted by the EU in 2002 by way of a Common Foreign and Security Position, with the promise of constant review to check against contagion on the ordinary people, are hurting them. The inherent contradiction is that the same people whose interests the sanctions purport to safeguard and promote are writhing in misery and economic hardships visited on them by the EU and US sanctions. The fallacious argument that the Zimbabwe Government bears total responsibility through maladministration has sunk hollow! The EU sanctions are not proper, targeted, smart or sparing. To be sure we all are affected as Zimbabweans.

Question: If anything, Europe appears unnerved Senator as you say, over the economic condition prevailing in Zimbabwe. British authorities, in particular have remained forceful in pushing an anti-Zimbabwe agenda. What makes you think it likely that the EU would succumb to a lone legal challenge by you Senator to be able to revoke the sanctions?

Answer: If Europe wants to be seen to be true to its own stated values, the intrinsic human values protected by the European Union’s Human Rights Charter, then it ought to revoke the current sanctions regime on Zimbabwe without any further delay. It is not about might or who is right. Europe’s own interests in this continue to appear sinister, insincere, hidden and devious. EU sanctions appear inspired by some kind of moral relativism.

They are politically incorrect and out of step with the present era of dialogue and tolerance, as opposed to coercion, which I believe was the spirit behind the recent convening of the EU/AFRICA in Lisbon, Portugal i.e. to foster and express a spirit of co-operation and understanding.

From what I can see, Europe, because of the sanctions, continues to drift apart from Zimbabwe. It can never be deserved that ordinary citizens of any country be traumatised through economic malaise in order to achieve political change in that country.

These are double standards, not justifiable at all, no matter how strong or convincing the arguments might be. The pursuit of life, joy and happiness must never be compromised on the altar of politics but rather, bringing that about ought to be the object of politics and the major thrust of public policy. And so to me the question is not whether I have the faith to move mountains. I have an abundance of that. But I also believe that the universal rules of social justice, human dignity, fairness and integrity must equally apply to all of humanity.

Each day my heart bleeds to see many Zimbabwean men and woman of integrity, stripped of their dignity, decency and self-respect, compromised by the prevailing economic hardships into shame and despair. Europe must accept blame. Whatever this is calculated to achieve, I just find it anti-people, anti-Africa and inconsistent with the EU’s stated positions. This is anathema to globalisation and mutual existence and tolerance in modern international relations. I will not miss an opportunity to make loud condemnation of and express their revulsion over sanctions against Zimbabwe, and demand their repeal.

Labels: SANCTIONS, ZIMBABWE

posted by MrK @ 1:40 AM