US embassy cable - 01HARARE3813

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 003813 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR CHARLES GURNEY 
PARIS FOR CHARLES NEARY 
NAIROBI FOR TERRY PFLAUMER 
 
E.O. 12958: DECL: 12/21/11 
TAGS: PGOV, PHUM, ZI 
SUBJECT: ZIMBABWE PARLIAMENT POSTPONES PASSAGE OF 
REPRESSIVE LEGISLATION 
 
REF: HARARE 3690 
 
CLASSIFIED BY POLITICAL OFFICER TODD FAULK FOR REASONS: 
1.5 (B) AND (D). 
 
1.  (C) SUMMARY: ON DECEMBER 20, THE ZIMBABWE PARLIAMENT 
ADJOURNED FOR THE HOLIDAYS WITHOUT PASSING KEY 
LEGISLATION DESIGNED TO TILT THE ELECTORAL PLAYING FIELD 
IN FAVOR OF THE RULING PARTY.  THE GENERAL LAWS 
AMENDMENT BILL, WHICH INCLUDES SUBSTANTIAL AMENDMENTS TO 
THE ELECTORAL ACT, THE PUBLIC ORDER AND SECURITY BILL, 
AND THE ACCESS TO INFORMATION BILL, HAD BEEN HELD UP IN 
THE PARLIAMENTARY LEGAL COMMITTEE (PLC).  EDDISON 
ZVOBGO, THE ZANU-PF MP WHO CHAIRS THE PLC, TOLD 
AMBASSADOR SULLIVAN DECEMBER 20 THAT THE PENDING 
LEGISLATION HAS SERIOUS CONSTITUTIONAL FLAWS, AND 
ADVERSE REPORTS WOULD LIKELY BE ISSUED.  AN ADVERSE 
REPORT ON THE LABOR RELATIONS AMENDMENT BILL, WHICH 
WOULD PLACE MAJOR RESTRICTIONS ON LABOR STRIKES, IS 
ALREADY DUE TO BE TABLED.  PARLIAMENT WILL RECONVENE ON 
JANUARY 8 TO TAKE UP THE LEGISLATION AGAIN.  ZANU-PF'S 
LEGAL STRATEGY TO HEM IN THE OPPOSITION BEFORE THE 
PRESIDENTIAL ELECTION HAS HIT A SNAG IN THE PERSON OF 
EDDISON ZVOBGO, ONE OF MUGABE'S MOST RECALCITRANT 
CRITICS.  END SUMMARY. 
 
------------------------------ 
DRACONIAN LEGISLATION DEFERRED 
------------------------------ 
 
2.  (C) PARLIAMENT ADJOURNED DECEMBER 20 WITHOUT PASSING 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  03813  01 OF 03  211114Z 
THE DRACONIAN PUBLIC ORDER AND SECURITY BILL (POSB), THE 
GENERAL LAWS AMENDMENT BILL (WITH ITS ELECTORAL ACT 
AMENDMENTS), OR THE ACCESS TO INFORMATION BILL, 
ACCORDING TO TSITSI TAWAMBA, WHO HEADS THE PAPERS OFFICE 
IN PARLIAMENT.  DESPITE ATTEMPTS BY ZANU-PF TO BULLDOZE 
THE BILLS THROUGH THE HOUSE OF ASSEMBLY BEFORE THE 
CHRISTMAS HOLIDAY, THE RULING PARTY RAN OUT OF TIME, AND 
THEY WERE DEFERRED UNTIL PARLIAMENT RECONVENES ON 
JANUARY 8.  PART OF THE HOLD UP WAS DUE TO LATE-NIGHT 
FLOOR DEBATE FROM THE OPPOSITION ON THE ELECTORAL ACT 
AMENDMENTS DURING THE DECEMBER 18 AND 19 SESSIONS. 
MINISTER OF JUSTICE PATRICK CHINAMASA AND MDC LEGAL 
AFFAIRS SECRETARY DAVID COLTART PUT TO THE FLOOR 
ADDITIONAL AMENDMENTS ON DECEMBER 19 DESIGNED TO 
AMELIORATE THE OPPOSITION'S CONCERNS. 
 
------------------------------------------- 
SOME GOOD, SOME BAD IN ELECTORAL AMENDMENTS 
------------------------------------------- 
 
3. (C) SURPRISINGLY, CHINAMASA'S PROPOSED CHANGES WOULD 
GIVE MORE POWER TO THE RELATIVELY TOOTHLESS ELECTORAL 
SUPERVISORY COMMISSION (ESC).  THE MAIN CHANGES WOULD: 
 
-- GIVE THE ESC THE AUTHORITY TO ACCREDIT MONITORS, IN 
ADDITION TO ITS CURRENT POWER TO APPOINT AND DEPLOY THEM 
 
-- GIVE THE ESC THE AUTHORITY TO APPOINT THE OBSERVERS' 
ACCREDITATION COMMITTEE, A POWER CURRENTLY ENJOYED BY 
THE GOVERNMENT-BACKING REGISTRAR-GENERAL.  THE COMMITTEE 
WOULD ACCREDIT INTERNATIONAL OBSERVERS INVITED TO 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  03813  01 OF 03  211114Z 
ZIMBABWE BY THE FOREIGN MINISTER. 
 
-- ALLOW UP TO THREE INTERNATIONAL OBSERVERS TO ENTER OR 
REMAIN IN ANY POLLING STATION AND BE PRESENT FOR THE 
COUNTING OF VOTES AT A COUNTING CENTER 
 
4.  (C) HOWEVER, CHINAMASA'S AMENDMENTS EXPAND ON, 
RATHER THAN REPEAL, THE PROOF OF RESIDENCY REQUIREMENTS 
FOR NEW VOTER REGISTRANTS.  THEY ESSENTIALLY WOULD 
CODIFY THE HIGH COURT'S RECENT RULING PROVIDING FOR 
GREATER FLEXIBILITY IN THE TYPES OF DOCUMENTS NEW 
REGISTRANTS WOULD BE REQUIRED TO PRESENT.  AMONG THE 
DOCUMENTS ALLOWED WOULD BE: 1) ELECTRICITY OR WATER 
BILLS, 2) LETTER FROM A LANDLORD, 3) SWORN STATEMENT 
FROM AN EMPLOYER, 4) A POST-MARKED ENVELOPE BEARING THE 
REGISTRANT'S ADDRESS, OR 5) A VERBAL OR WRITTEN 
STATEMENT FROM THE LOCAL CHIEF OR HEADMAN. 
 
5.  (C) DESPITE A FEW POSITIVE CHANGED PROPOSED BY 
CHINAMASA, THE GENERAL LAWS AMENDMENT ACT, WHICH AMONG 
MINOR REVISIONS TO MORE THAN THREE DOZEN OTHER LAWS, 
SUBSTANTIALLY AMENDS THE ELECTORAL ACT TO DO THE 
FOLLOWING: 
 
-- CLARIFY THE ROLES OF THE MYRIAD GOZ BODIES THAT 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ4316 
 
PAGE 01        HARARE  03813  02 OF 03  211114Z 
ACTION AF-00 
 
INFO  LOG-00   NP-00    AID-00   AMAD-00  CIAE-00  INL-00   DODE-00 
      SRPP-00  DS-00    EB-00    EUR-00   VC-00    H-01     TEDE-00 
      INR-00   IO-00    LAB-01   L-00     VCE-00   AC-01    NSAE-00 
      OIC-02   OMB-01   OPIC-01  PA-00    PC-01    PM-00    PRS-00 
      ACE-00   P-00     SP-00    IRM-00   SSO-00   STR-00   TRSE-00 
      USIE-00  PMB-00   DSCC-00  PRM-00   DRL-02   G-00     NFAT-00 
      SAS-00   SWCI-00    /010W 
                  ------------------4EE6CE  211115Z /38 
O 211013Z DEC 01 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC IMMEDIATE 0605 
INFO NSC WASHDC IMMEDIATE 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 02 OF 03 HARARE 003813 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR CHARLES GURNEY 
PARIS FOR CHARLES NEARY 
NAIROBI FOR TERRY PFLAUMER 
 
E.O. 12958: DECL: 12/21/11 
TAGS: PGOV, PHUM, ZI 
SUBJECT: ZIMBABWE PARLIAMENT POSTPONES PASSAGE OF 
REPRESSIVE LEGISLATION 
 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  03813  02 OF 03  211114Z 
OVERSEE AND RUN ELECTIONS 
 
-- DEFINE THE PROCEDURES AND CODES OF CONDUCT GOVERNING 
DOMESTIC ELECTION MONITORS AND INTERNATIONAL OBSERVERS 
 
-- RESTRICT VOTER EDUCATION TO THE ESC OR TO 
ORGANIZATIONS THAT IT APPOINTS AND REGISTERS, 
 
-- GIVE THE REGISTRAR-GENERAL GREATER POWERS TO AMEND 
THE VOTERS' ROLL 
-- REPEAL THE SECTION PERMITTING ABSENTEE BALLOTS 
EXCEPT FOR MEMBERS OF THE DIPLOMATIC CORPS AND ILITARY 
 
-- RESTRICT THE PLACEMENT OF POLITICAL OSTERS. 
 
---------------------------------- 
ZVBGO HOLDS UP BILLS IN COMMITTEE 
--------------------------------- 
 
6.  (C) ZANU-PF MP FOR MASVING SOUTH AND CHAIR OF THE 
PARLIAMENTARY LEGAL COMMTTEE (PLC) TOLD AMBASSADOR 
SULLIVAN AND POLOFF DCEMBER 20 THAT THE POSB, ELECTORAL 
ACT AMENDMENT AND ACCESS TO INFORMATION BILL HAVE 
SERIOUS CONSITUTIONAL FLAWS.  THE POSB, IN PARTICULAR, 
WOULDCLEARLY VIOLATE THE CONSTITUTION OF ZIMBABWE.  HIS 
COMMITTEE, WHICH REVIEWS EVERY PIECE OF LEGISLATON FOR 
ITS CONSTITUTIONALITY, IS LIKELY TO ISSUE ADVERSE 
REPORTS ON EACH OF THEM.  HOWEVER, ZVOBGO SAID THE PLC 
HAS NOT HAD ENOUGH TIME TO GIVE THE BILLS THE CAREFUL 
REVIEW THEY REQUIRE.  HE TOLD THE AMBASSADOR HE WAS 
GOING TO INSIST THAT THE PLC BE GIVEN THE FULL 18 DAYS 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  03813  02 OF 03  211114Z 
IT NORMALLY HAS TO CONSIDER LEGISLATION.  (NOTE: THE 
ADJOURNMENT OF PARLIAMENT TO JANUARY 8 WOULD GIVE THE 
PLC 19 DAYS, INCLUDING HOLIDAYS.  END NOTE.)  ACCORDING 
TO TAWAMBA, THE PLC HAS ISSUED A ADVERSE REPORT ON THE 
LABOR RELATIONS AMENDMENTBILL, WHICH WOULD ALLOW THE 
GOZ TO BAN NEARLY AL TYPES OF LABOR ACTIONS, BUT THAT 
THE REPORT WASNOT TABLED BEFORE PARLIAMENT. 
 
------------------------------ 
THE SPEAKER SOUNDS OUT ON BILLS 
------------------------------ 
 
7.  (C) SPEAKER O PARLIAMENT EMMERSON MNANGAGWA TOLD 
THE AMBASSADR DECEMBER 21 THAT THE ZANU-PF CAUCUS HAD 
NOT GOE ALONG WITH AN ALTERATION IN ELECTORAL 
AMENDMENS TO PERMIT NGO ELECTION MONITORS ALONGSIDE 
PUBLI SERVANTS (REFTEL).  HE CLAIMED THAT THE MDC IN 
HE END ACCEPTED THIS FORMULATION.  MNANGAGWA SAID HAT 
NONE OF THE DELAYED PIECES OF LEGISLATION WOLD BE 
APPROVED DURING THE PARLIAMENTARY ADJOURNMNT.  HE 
INDICATED, AS WELL, THAT HE HOPED THAT TH SO-CALLED 
"ACCESS TO INFORMATION" BILL WOULD NEER BE PASSED AND 
VOICED HIS DISDAIN FOR INFORMATON MINISTER JONATHAN 
MOYO.  MNANGAGWA ALSO PROMIED TO EXPLORE ADDITIONAL 
AREAS OF CONCERN EXPRESED BY THE AMBASSADOR: POLITICAL 
VIOLENCE AND INTIIDATION, THE "ILLOGICAL" PROHIBITION 
OF FOREIGN UNDING OF NGO VOTER EDUCATION, AND THE 
POSSIBILIY OF FINDING A CONSENSUS CANDIDATE WITH THE 
MDC OR THE SPEAKER'S NOMINEES TO THE ELECTORAL 
SUPERISORY COMMISSION. 
 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  03813  02 OF 03  211114Z 
------- 
COMMENT 
------- 
8.  (C) ZVOBGO, WHO HAS BEEN ONE OF MUGABE'S MOST 
RECALCITRANT CRITICS IN THE LAST YEAR, IS DOING WAT HE 
CAN TO SLOW DOWN THE RULING PARTY'S PASSAG OF 
REPRESSIVE LEGISLATION.  THE FACT THAT PARLIMENT 
ADJOURNED FOR THE HOLIDAYS WITHOUT PASSING TE BILLS IS 
TESTAMENT TO ZVOBGO'S LINGERING INFLUNCE IN PARLIAMENT, 
AND SHOWS THAT ZANU-PF WAS UNBLE TO BULLDOZE 
LEGISLATION PAST THE OPPOSITION S WAS DONE EARLIER THIS 
YEAR.  HOWEVER, THIS TEMORARY SNAG IN MUGABE'S 
ELECTORAL STRATEGY IS LIKEY TO BE OVERCOME WHEN 
PARLIAMENT RECONVENES NEXTMONTH SINCE ADVERSE REPORTS 
HAVE BEEN IGNORED INTHE PAST.  WITH THE PRESIDENTIAL 
ELECTION LESS TAN THREE MONTHS AWAY, THE RULING PARTY 
IS NOT LIKELY TO ALLOW CONSTITUTIONAL ISSUES STAND IN 
ITS WAY.  ON THE OTHER HAND, THE SPEAKER, AND TO A 
LESSER EXTENT ZANU-PF, APPEAR MORE INTERESTED THAN 
PREVIOUSLY IN DEMONSTRATING SOME FLEXIBILITY TOWARD 
INTERNATIONAL, OPPOSITION, AND CIVIL SOCIETY CONCERNS. 
END COMMENT. 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ4317 
 
PAGE 01        HARARE  03813  03 OF 03  211115Z 
ACTION AF-00 
 
INFO  LOG-00   NP-00    AID-00   AMAD-00  CIAE-00  INL-00   DODE-00 
      SRPP-00  DS-00    EB-00    EUR-00   VC-00    H-01     TEDE-00 
      INR-00   IO-00    LAB-01   L-00     VCE-00   AC-01    NSAE-00 
      OIC-02   OMB-01   OPIC-01  PA-00    PC-01    PM-00    PRS-00 
      ACE-00   P-00     SP-00    IRM-00   SSO-00   STR-00   TRSE-00 
      USIE-00  PMB-00   DSCC-00  PRM-00   DRL-02   G-00     NFAT-00 
      SAS-00   SWCI-00    /010W 
                  ------------------4EE6CF  211115Z /38 
O 211013Z DEC 01 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC IMMEDIATE 0606 
INFO NSC WASHDC IMMEDIATE 
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY 
AMEMBASSY NAIROBI 
 
C O N F I D E N T I A L SECTION 03 OF 03 HARARE 003813 
 
SIPDIS 
 
NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER 
LONDON FOR CHARLES GURNEY 
PARIS FOR CHARLES NEARY 
NAIROBI FOR TERRY PFLAUMER 
 
E.O. 12958: DECL: 12/21/11 
TAGS: PGOV, PHUM, ZI 
SUBJECT: ZIMBABWE PARLIAMENT POSTPONES PASSAGE OF 
REPRESSIVE LEGISLATION 
 
                       CONFIDENTIAL 
 
PAGE 02        HARARE  03813  03 OF 03  211115Z 
SULLIVAN 
 
                       CONFIDENTIAL 
 
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