US embassy cable - 00HARARE7159

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 007159 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH 
LONDON FOR CGURNEY 
PARIS FOR BWILLIAMS 
NAIROBI FOR PFLAUMER 
PASS USAID FOR AFR/SD - DWELLER, AND AFR/SA - CPALMA, 
 
NNEWMAN 
 
E.O. 12958: DECL: 12/20/10 
TAGS: EAGR, PREL, PHUM, PINR, ZI, Land Reform 
SUBJECT: INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN 
ZIMBABWE 
                       CONFIDENTIAL 
 
 
PAGE 02        HARARE  07159  01 OF 03  201008Z 
 
REFS: A) INYIKA TRUST LETTER FAXED TO THE DEPARTMENT, 
B) HARARE 6660, C) HARARE 6547 
 
CLASSIFIED BY CHARGE DE AFFAIRES EARL M. IRVING FOR 
REASONS 1.5 (B/D). 
 
1. (U) SUMMARY: ON DECEMBER 5, TERENCE HUSSEIN, AN 
ATTORNEY AFFILIATED WITH INYIKA TRUST, MET WITH ECONOFF 
AT THE EMBASSY.  INYIKA TRUST IS A NEWLY REGISTERED NGO 
IN ZIMBABWE WHOSE STATED PURPOSE IS TO PROVIDE LEGAL 
ASSISTANCE AND REPRESENTATION TO COMMUNAL FARMERS AND 
LANDLESS BLACK ZIMBABWEANS.  THE TRUST CAME TO THE 
EMBASSY'S ATTENTION WHEN IT WAS MENTIONED IN THE 
NEWSPAPERS AS THE ORGANIZATION PROVIDING LEGAL 
ASSISTANCE TO TWO BLACK ZIMBABWEANS WHO INDIVIDUALLY 
FILED CLASS ACTION LAWSUITS RELATED TO THE LAND REFORM 
ISSUE.  THE SUITS ARE A DIRECT RESPONSE TO COMMERCIAL 
FARMERS UNION (CFU) LAWSUITS AND LEGAL MANEUVERS. 
HUSSEIN STATED THAT INYIKA TRUST IS APOLITICAL AND NON- 
PARTISAN, AND THAT IT IS CRITICAL OF BOTH THE GOVERNMENT 
OF ZIMBABWE (GOZ) AND THE CFU FOR FAILING TO RESOLVE THE 
LAND ISSUE IN ZIMBABWE.  HUSSEIN EXPLAINED THAT HIS 
ORGANIZATION WILL ENGAGE IN A MAJOR LEGAL EFFORT TO 
DECLARE THE LAND TITLE SYSTEM IN ZIMBABWE INVALID, SINCE 
IT ORIGINATED IN THE ILLEGAL SEIZURE OF LAND BY THE 
EARLY BRITISH SETTLERS.  IT WILL ALSO INITIATE LEGAL 
ACTION TO FORCE THE UNITED KINGDOM (UK) TO PAY 
COMPENSATION FOR WHAT WAS STOLEN FROM THE ZIMBABWEAN 
PEOPLE DURING THE COLONIAL PERIOD.  ECONOFF ENCOURAGED 
HUSSEIN AND INYIKA TRUST TO SERVE A CONSTRUCTIVE ROLE IN 
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PAGE 03        HARARE  07159  01 OF 03  201008Z 
THE LAND REFORM DEBATE.  POST SUBSEQUENTLY LEARNED FROM 
A LOCAL ATTORNEY THAT HUSSEIN'S LAW FIRM IS PROVIDING 
LEGAL ASSISTANCE TO THE GOZ'S MINISTER FOR INFORMATION 
JONATHAN MOYO, AS WELL AS TO ZANU-PF.  ON DECEMBER 12 
INYIKA TRUST FAXED A LETTER TO THE EMBASSY ADDRESSED TO 
SECRETARY ALBRIGHT, CRITICIZING THE SECRETARY FOR THE 
 
SIPDIS 
COMMENTS SHE MADE REGARDING THE LAND REFORM AND RULE OF 
LAW ISSUES IN ZIMBABWE DURING HER VISIT TO BOTSWANA. 
THE DECEMBER 13 ISSUE OF THE GOZ-CONTROLLED NEWSPAPER 
"THE HERALD" RAN A STORY HEADLINED "INYIKA TRUST 
CONDEMN'S ALBRIGHT'S COMMENTS CONCERNING LAND ISSUE." 
INYIKA TRUST ON DECEMBER 19 RAN A FULL-PAGE AD IN THE 
GOZ-CONTROLLED "THE HERALD" NEWSPAPER OFFERING THEIR 
SERVICES TO ALL RESETTLED FARMERS WHO RECEIVE EVICTION 
NOTICES FROM ZIMBABWE'S COURTS.  WE SUSPECT INYIKA IS A 
ZANU-PF CUT-OUT ORGANIZATION.  END SUMMARY. 
 
--------------------- 
WHAT IS INYIKA TRUST? 
--------------------- 
 
2. (U) INYIKA TRUST, FORMALLY LAUNCHED ON NOVEMBER 24, 
CLAIMS TO BE AN APOLITICAL, NON-PARTISAN NGO FORMED TO 
REPRESENT THE VIEWS AND INTERESTS OF BLACK ZIMBABWEANS 
LIVING ON COMMUNAL LANDS AND LANDLESS PEOPLE IN 
ZIMBABWEAN SOCIETY.  PER TRUST MATERIALS, "INYIKA" MEANS 
"LAND" IN THE LANGUAGE OF THE NAMBYA TRIBE, A SMALL 
ZIMBABWEAN TRIBE FROM THE DETE AREA OF ZIMBABWE. 
ACCORDING TO HUSSEIN, INYIKA TRUST IS COMPOSED OF TWO 
SEPARATE LEGAL BODIES: INYIKA, WHICH HAS A MEMBERSHIP 
DRAWN FROM PEOPLE FROM COMMUNAL AREAS AND LANDLESS 
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PAGE 04        HARARE  07159  01 OF 03  201008Z 
PEOPLE RECENTLY RESETTLED ON FARMS, AND IS APOLITICAL 
PER ITS CONSTITUTION; AND INYIKA TRUST, WHICH IS 
DEDICATED TO OBTAINING AND DISBURSING FUNDS TO 
APPROPRIATE CAUSES, WITH MOST OF ITS FUNDING GOING TO 
SUPPORT INYIKA.  INYIKA TRUST HAS A BOARD OF TRUSTEES, 
OF WHICH HUSSEIN IS A MEMBER.  INYIKA TRUST'S PRINCIPLE 
OBJECTIVES ARE: TO REPRESENT COMMUNAL FARMERS IN THEIR 
QUEST FOR LAND; TO REPRESENT THE INTERESTS OF LANDLESS 
PEOPLE ON RESETTLED FARMS; TO MOUNT LEGAL CHALLENGES TO 
THE LAND TENURE SYSTEM RELATED TO AGRICULTURAL LAND; TO 
OBTAIN COMPENSATION FROM THE BRITISH MONARCH FOR THE 
UNLAWFUL ACTIONS OF HER GOVERNMENT AND SUBJECTS THAT LED 
TO BLACK ZIMBABWEANS LOSING THEIR LANDS; AND TO 
PUBLICIZE THE PLIGHT OF THE LANDLESS AND DISPOSSESSED 
PEOPLE OF ZIMBABWE.  INYIKA TRUST HAS AS ITS SLOGAN "THE 
TIME HAS COME TO PAY THE RENT."  HUSSEIN STATED THAT THE 
BOARD OF TRUSTEES WAS NOT COMPLETELY ESTABLISHED, BUT 
THAT IT WAS COMPOSED OF BLACK ZIMBABWEAN LAWYERS DOING 
PROBONO WORK FOR INYIKA TRUST. 
 
-------------------------- 
THE TWO CLASS ACTION SUITS 
-------------------------- 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ8569 
 
PAGE 01        HARARE  07159  02 OF 03  201008Z 
ACTION AID-00 
 
INFO  LOG-00   NP-00    AF-00    AGRE-00  ACQ-00   CIAE-00  INL-00 
      DODE-00  DOTE-00  SRPP-00  DS-00    EB-00    FAAE-00  FBIE-00 
      VC-00    TEDE-00  INR-00   VCE-00   NSAE-00  SS-00    USIE-00 
      BBG-00   DSCC-00  DRL-02   NFAT-00  SAS-00     /002W 
                  ------------------ADBA08  201017Z /38 
R 201008Z DEC 00 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC 7878 
INFO NSC WASHDC 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 02 OF 03 HARARE 007159 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH 
LONDON FOR CGURNEY 
PARIS FOR BWILLIAMS 
NAIROBI FOR PFLAUMER 
PASS USAID FOR AFR/SD - DWELLER, AND AFR/SA - CPALMA, 
 
NNEWMAN 
 
E.O. 12958: DECL:12/20/10 
TAGS: EAGR, PREL, PHUM, PINR, ZI 
SUBJECT: INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN 
ZIMBABWE 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  07159  02 OF 03  201008Z 
 
3. (U) INYIKA TRUST IS CURRENTLY INVOLVED IN SUPPORTING 
TWO CLASS ACTION LAWSUITS THAT HAVE BEEN FILED BY 
SEPARATE BLACK ZIMBABWEANS.  THE FIRST SUIT WAS FILED BY 
SAMSON MHURIRO, A BLACK ZIMBABWEAN RESETTLED ON A FARM 
IN 1998.  MHURIRO'S LAWSUIT SEEKS TO HAVE THE SUPREME 
COURT CONSENT ORDER REQUIRING THE IMMEDIATE EVICTION OF 
ALL PEOPLE OCCUPYING FARMS NULLIFIED BECAUSE IT VIOLATES 
THE CONSTITUTIONAL RIGHTS OF THESE PEOPLE (REF B AND C). 
THE SECOND SUIT WAS FILED BY EDNA MARIMIRA, A BLACK 
ZIMBABWEAN WHO LIVES IN A COMMUNAL FARM VILLAGE. 
MARIMIRA'S LAWSUIT SEEKS TO HAVE THE LEGAL TITLES TO 
AGRICULTURAL LAND IN ZIMBABWE DECLARED INVALID SINCE THE 
LAND WAS ORIGINALLY STOLEN FROM THE INHABITANTS BY THE 
BRITISH COLONISTS.  HER SUIT SEEKS TO HAVE THE LAND 
OWNERSHIP REVERT BACK TO COMMON OWNERSHIP OF THE BLACK 
ZIMBABWEAN PEOPLE. 
 
------------------------------------------ 
A NON-PARTISAN NGO VOICE FOR THE LANDLESS? 
------------------------------------------ 
 
4. (C) IN LINE WITH HUSSEIN'S STATEMENT THAT INYIKA 
TRUST IS APOLITICAL AND NON-PARTISAN, HE CRITICIZED THE 
GOZ AS BEING AS MUCH TO BLAME AS THE CFU AND COMMERCIAL 
FARMERS FOR THE FAILURE OF LAND REFORM THROUGH THE 
PRESENT.  WHILE HE CRITICIZED THE COURTS, AND ESPECIALLY 
THE SUPREME COURT, HE ALSO HAD HARSH WORDS FOR THE GOZ 
ATTORNEY GENERAL'S OFFICE, AND THE GOZ MINISTRIES THAT 
HAVE TRADITIONALLY DEALT WITH LAND REFORM AND THE 
COMMUNAL AREAS.  HE STATED THAT THE GOZ HAS FAILED TO 
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PAGE 03        HARARE  07159  02 OF 03  201008Z 
SUPPORT THE COMMUNAL FARMERS WITH INFRASTRUCTURE AND 
OTHER ASSISTANCE, OR TO ACT ON BEHALF OF LANDLESS BLACK 
ZIMBABWEANS IN RESETTLING THEM.  HE STATED THAT INYIKA 
IS NOT RACIALLY EXCLUSIVE IN ITS MEMBERSHIP OR THE 
CAUSES IT WILL SUPPORT, BUT THAT THE HISTORICAL REALITY 
IS THAT BLACKS ARE THE RACIAL GROUP THAT WAS 
DISPOSSESSED OF LAND AND THAT NEEDS ASSISTANCE MOST. 
HUSSEIN DID NOT CRITICIZE OR DEFEND PRESIDENT MUGABE OR 
OTHER GOZ OFFICIALS. 
 
--------------------------------- 
A NEW ZANU-PF FRONT ORGANIZATION? 
--------------------------------- 
 
5. (C) FOLLOWING THE DECEMBER 5 MEETING, ECONOFF 
CONTACTED MIKE AURET JR. (PROTECT), A ZIMBABWEAN 
ATTORNEY WHO IS KNOWLEDGEABLE ABOUT THE LEGAL PROFESSION 
IN ZIMBABWE AND HAS IN THE PAST PROVIDED ACCURATE 
INFORMATION TO THE EMBASSY.  (NOTE: MIKE AURET SR., THE 
FATHER OF MIKE AURET JR., IS A MEMBER OF PARLIAMENT FOR 
THE OPPOSITION MDC.)  AURET JR. INFORMED ECONOFF THAT 
HUSSEIN'S LAW FIRM, HUSSEIN, RANCHHOD AND CO., IS A LAW 
FIRM THAT THE GOZ MINISTER OF INFORMATION AND PUBLICITY 
JONATHAN MOYO USED TO ASSIST IN THE DRAFTING OF THE 
GOZ'S NEW AND REPRESSIVE BROADCASTING REGULATIONS.  THIS 
LAW FIRM IS ALSO ASSISTING ZANU-PF IN ITS DEFENSE OF THE 
LAWSUITS THE MDC HAS FILED CHALLENGING THE JUNE ELECTION 
RESULTS IN 38 PARLIAMENTARY CONSTITUENCIES.  (COMMENT: 
THIS INFORMATION, WHICH POST FINDS CREDIBLE, CALLS INTO 
QUESTION THE ALLEGED APOLITICAL AND NON-PARTISAN 
CHARACTER OF INYIKA TRUST.  END COMMENT.) 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  07159  02 OF 03  201008Z 
 
--------------------------------------------- -------- 
INYIKA TRUST PROTESTS ALBRIGHT'S COMMENTS ON ZIMBABWE 
--------------------------------------------- -------- 
 
6. (SBU) ON DECEMBER 12, FOLLOWING SECRETARY ALBRIGHT'S 
COMMENTS REGARDING THE LAND REFORM AND RULE OF LAW 
ISSUES IN ZIMBABWE DURING HER VISIT TO BOTSWANA, THE 
EMBASSY RECEIVED A FAXED LETTER FROM INYIKA TRUST.  THIS 
LETTER IS TO THE ATTENTION OF THE SECRETARY, AND 
CRITICIZES HER FOR HER COMMENTS IN BOTSWANA, AND DETAILS 
INYIKA TRUST'S POSITION ON THE LAND REFORM ISSUE (REF 
A).  THE DECEMBER 13 ISSUE OF "THE HERALD" RAN A STORY 
ON INYIKA TRUST AND ITS CONDEMNATION OF SECRETARY 
ALBRIGHT FOR HER COMMENTS. 
 
------------------------------------ 
DOES INYIKA TRUST HAVE DEEP POCKETS? 
------------------------------------ 
 
7. (C) THE DECEMBER 19 ISSUE OF "THE HERALD" CONTAINED A 
FULL-PAGE MULTICOLOR ADVERTISEMENT RUN BY INYIKA TRUST. 
THE AD INCLUDES SOME INFORMATION ON THE LAND ISSUE FROM 
INYIKA TRUST'S PERSPECTIVE, AND THEN OFFERS THE TRUST'S 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ8571 
 
PAGE 01        HARARE  07159  03 OF 03  201008Z 
ACTION AID-00 
 
INFO  LOG-00   NP-00    AF-00    AGRE-00  ACQ-00   CIAE-00  INL-00 
      DODE-00  DOTE-00  SRPP-00  DS-00    EB-00    FAAE-00  FBIE-00 
      VC-00    TEDE-00  INR-00   VCE-00   NSAE-00  SS-00    USIE-00 
      BBG-00   DSCC-00  DRL-02   NFAT-00  SAS-00     /002W 
                  ------------------ADBA17  201017Z /38 
R 201008Z DEC 00 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC 7879 
INFO NSC WASHDC 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 03 OF 03 HARARE 007159 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR GAYLE SMITH 
LONDON FOR CGURNEY 
PARIS FOR BWILLIAMS 
NAIROBI FOR PFLAUMER 
PASS USAID FOR AFR/SD - DWELLER, AND AFR/SA - CPALMA, 
 
NNEWMAN 
 
E.O. 12958: DECL: 12/20/10 
TAGS: EAGR, PREL, PHUM, PINR, ZI 
SUBJECT: INYIKA TRUST, A NEW PLAYER ON THE LAND ISSUE IN 
ZIMBABWE 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  07159  03 OF 03  201008Z 
 
LEGAL ASSISTANCE TO ANY RESETTLED FARMERS WHO RECEIVE 
COURT PAPERS ON EVICTION.  THE AD ALSO LISTS LAW OFFICES 
IN TEN CITIES AND TOWNS IN ZIMBABWE THAT WORK WITH 
INYIKA TRUST.  POST'S PUBLIC AFFAIRS OFFICER ESTIMATES 
THAT A FULL-PAGE AD OF THIS TYPE COULD EASILY COST 
20,000 ZIMBABWE DOLLARS (US$ $333 AT THE CURRENT 
EXCHANGE RATE OF Z$60 TO US$1.  (COMMENT: THIS AD AND 
THE OFFER OF LEGAL ASSISTANCE TO ANY RESETTLED FARMERS 
SUGGESTS THAT INYIKA TRUST HAS SUBSTANTIAL FINANCIAL 
BACKING FROM UNDETERMINED SOURCES.  END COMMENT.) 
 
8. (C) COMMENT: HUSSEIN CAME ACROSS AS A REASONABLE 
INDIVIDUAL DURING HIS CONVERSATION WITH ECONOFF AND USED 
NONE OF THE HISTRIONICS COMMON AMONG GOZ AND ZANU-PF 
OFFICIALS.  HIS BALANCED CRITICISM OF BOTH THE GOZ AND 
COMMERCIAL FARMERS, AND HIS COMMENT THAT LAND WOULD HAVE 
TO BE TAKEN FROM BLACK COMMERCIAL FARMERS AS WELL AS 
WHITE COMMERCIAL FARMERS, SUGGESTS THAT INYIKA TRUST HAS 
WORKED HARD ON A POLISHED PRESENTATION THAT WILL PROVE 
IT IS NOT ASSOCIATED WITH ZANU-PF.  HOWEVER, THE THRUST 
OF THE LAWSUITS THAT INYIKA TRUST IS SUPPORTING, 
INCLUDING THE CHALLENGE TO THE VALIDITY OF LAND TITLES 
IN ZIMBABWE, CALLS INTO QUESTION THE CLAIMED APOLITICAL, 
NON-PARTISAN CHARACTER OF INYIKA TRUST.  IT ALSO LEADS 
POST TO BELIEVE THAT INYIKA TRUST WILL NOT BE A MODERATE 
AND CONSTRUCTIVE ACTOR ON THE LAND REFORM ISSUE IN 
ZIMBABWE, AND, INDEED, APPEARS TO BE LITTLE MORE THAN A 
ZANU-PF CUT OUT ORGANIZATION CREATED TO COUNTER THE CFU 
RECOURSE TO THE COURTS TO REDRESS ITS LAND-RELATED 
GRIEVANCES AGAINST THE RULING PARTY AND THE GOZ. 
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ECONOFF ENCOURAGED HUSSEIN TO BROADEN THE ROLE THAT 
INYIKA TRUST CAN PLAY IN REPRESENTING THE COMMUNAL 
FARMERS AND LANDLESS PEOPLE IN ZIMBABWE TO ONE OF 
BUILDING BRIDGES AND SUPPORTING A TRANSPARENT, 
EQUITABLE, AND LEGAL LAND REFORM PROGRAM.  END COMMENT. 
 
IRVING 
 
                       CONFIDENTIAL 
 
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