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(HERALD) Pillay gives nod to polls framework

Pillay gives nod to polls framework
Saturday, 26 May 2012 22:20
Sunday Mail Reporter

UN Human Rights chief Ms Navanethem Pillay, who was in Harare last week, has admitted that “Zimbabwe has the necessary legal framework” to hold elections, adding that “the all-important international principle of non-discrimination is included in the current Constitution of Zimbabwe” such that there is no justification for political violence ahead of the general elections.

Ms Pillay, from South Africa, who came into Zimbabwe at the invitation of the Government to familiarise herself with the human rights situation in the country, made the admission at a Press conference last Friday in Harare.

Analysts say this “legally emphatic and constitutionally authoritative” admission by the UN rights chief is very important notwithstanding the more “hyperbolic remarks she perfunctorily made” at the Press conference.

Ms Pillay shocked many when she called for political reforms, which are not part of her human rights remit, in what was an “unmistakable if not embarrassing echo” of the election manifestoes of the two MDC formations and their US, UK and EU donors which seek regime change in Zimbabwe.

In a Press statement released at the end of her whistle-stop visit on Friday described by an analyst as a “catcall, omnibus and controversial” intervention that is unlikely to make any difference as it was a mixed bag, Ms Pillay observed that “. . . relevant United Nations agencies believe that sexual, domestic and politically motivated violence . . . are also widespread and on the rise, especially around election times. Zimbabwe has the necessary legal framework for dealing with these crimes, but — like many other aspects of the legal system — the relevant laws are not implemented properly”.

Later in that statement, Ms Pillay more tellingly endorsed Zimbabwe’s current Constitution by boldly declaring that “the all-important international principle of non-discrimination is included in the current Constitution (of Zimbabwe), as well as in international treaties to which Zimbabwe is party.

“There can be no justification for violence, harassment or stigmatisation”.

Analysts who spoke to The Sunday Mail yesterday about Ms Pillay’s Friday statement said that even though she sought to politically appease the regime-change constituency, by paying lip-service to its discredited mantra that there should be a new constitution and a raft of political reforms under the false cover of the GPA before the next general elections, her statement was authoritative in endorsing the adequacy of the current constitution in dealing with electoral ills and other crimes.

The analysts say that Ms Pillay’s clear declaration in her Friday statement that “Zimbabwe has the necessary legal framework” for dealing with things like political violence during elections should be taken more seriously than her political comments.

Analysts also took note of her affirmation of the fact that “the all-important international principle of non-discrimination is included in the current Constitution (of Zimbabwe)” because “that is the true and correct legal position that is behind President Mugabe’s pronouncement that the general elections in Zimbabwe will be held this year without fail.”

When President Mugabe met the UN rights chief last Wednesday, he told her in no uncertain terms that “. . . we must have elections this year. In any case, principals to the GPA do not have the mandate of the people to extend the life of the inclusive Government to next year”.

Political analyst and Tsholotsho North legislator Professor Jonathan Moyo said yesterday that “while Pillay’s Friday Press statement was full of understandable but misplaced sentiments of those who help her pay her bills and whose malicious agenda against our country is now public knowledge, it is notable that she tried to safeguard her integrity by acknowledging that the Constitution of Zimbabwe as it is contains internationally sound provisions for holding free and fair elections but that the challenge is only with the proper implementation of those provisions”.

Prof Moyo added that “implementing a constitution is a challenge that all modern democracies face.

“As President Mugabe mentioned in his address at the annual conference of our traditional leaders in Bulawayo last March, we all should be honest enough and focus on implementing our Constitution against things like political violence before the next harmonised elections due this year than going around falsely pretending in the spurious name of the GPA that a new constitution is necessary before the elections as if anyone really believes that a new piece of paper called a new constitution from the Copac mafia would guarantee free and fair elections that are non-violent”.

In his keynote address to the annual conference of chiefs held in March under the theme “Realigning Culture and Traditions Towards Dynamic Community Development and Empowerment”, President Mugabe said “the GPA was never meant to go beyond two years.
The GPA was about ending alleged violence and holding fresh elections without that violence, and not holding new elections with a new constitution”.

Many observers including those who have been critical of both the GPA and the inclusive Government have agreed with President Mugabe that Sadc and the AU supported the GPA as an instrument of reducing the political temperatures.

The GPA was also meant to calm down the charged and highly polarised atmosphere that followed the 2008 elections to enable the holding of fresh elections after 18 months of the inclusive Government with no preconditions for any reform other than the healing and reconciliation of the GPA parties and their supporters against political violence.

Although there is now a publicly expressed agreement, at least between President Mugabe and Prime Minister Tsvangirai, that the inclusive Government has become so dysfunctional as to necessitate general elections, analysts have said that there have been some important positive outcomes during the era of this Government such as peace and stability which are necessary as preconditions for a free and fair non-violent election.

Ms Pillay acknowledged this important fact in her statement, noting that the political environment in Zimbabwe today “is calmer . . . because there has been progress, and the GPA and the inclusive Government have — despite all the delays and the unfinished business — created some positive momentum which could lead to increased stability and prosperity.”

Labels: JONATHAN MOYO, UN

posted by MrK @ 5:32 PM