US embassy cable - 02HARARE50

C O N F I D E N T I A L HARARE 000050 
 
SIPDIS 
 
AF FOR A/S KANSTEINER, DAS BELLAMY AND AF/S 
 
NSC FOR AFRICA SR DIR FRAZIER 
 
E.O. 12958: DECL: 01/07/2012 
TAGS: PREL, PGOV, ZI 
SUBJECT: ZIMBABWE: PROBLEMS ON LAND DISTRIBUTION AND 
DEEPER PROBLEMS ON HUMAN RIGHTS AND DEMOCRATIC PRACTICE 
 
REF: ABUJA 005(NOTAL) 
 
CLASSIFIED BY AMBASSADOR SULLIVAN FOR REASONS 1.5B/D 
 
1. (C) WITH RESPECT TO PRESIDENT OBASANJO'S COMMENTS ON 
DEVELOPMENTS IN ZIMBABWE(REFTEL), WE OFFER THE FOLLOWING 
COMMENTS ON THE LAND DISTRIBUTION PROGRAM AND CALL 
ATTENTION TO THE INCREASED VIOLENCE, INTIMIDATION AND 
VIOLATION OF THE RULE OF LAW WHICH THREATEN HUMAN RIGHTS 
AND THE DEMOCRATIC PROCESS.  WHILE THE ABUJA AGREEMENT 
GAVE PRIORITY TO RESTORING THE RULE OF LAW IN THE LAND 
REFORM PROCESS, IT ALSO CALLED FOR RESPECT FOR HUMAN 
RIGHTS AND DEMOCRATIC PRINCIPLES.  ORGANIZATION OF AN 
ELECTION, WHICH IS PERCEIVED DOMESTICALLY AND 
INTERNATIONALLY AS FREE AND FAIR, AND WHOSE RESULTS WILL 
BE ACCEPTED AS LEGITIMATE, IS CRITICAL FOR ZIMBABWE'S 
FUTURE.  THUS FAR, THE OPPOSITE HAS BEEN THE TREND AND 
THE ACTIVE ENGAGEMENT OF ALL OF AFRICA'S DEMOCRATICALLY 
ELECTED LEADERS IN PRESSING FOR RESPECT FOR HUMAN AND 
CIVIC RIGHTS AND A FREE AND FAIR ELECTIONS IS EXTREMELY 
IMPORTANT. 
 
ON LAND 
------- 
 
2.(C) SINCE THE ABUJA AGREEMENT, THE GOZ HAS STATED 
REPEATEDLY THAT IT HAS COMPLIED FULLY WITH ITS ABUJA 
COMMITMENTS, WHILE FAULTING THE UK AND OTHER POTENTIAL 
DONORS FOR NOT PROVIDING "PROMISED" SUPPORT.  THE REPORT 
OF THE UNDP-LED MISSION FOCUSED ON LAND ASPECTS OF THE 
ABUJA AGREEMENT IS EXPECTED THIS WEEK.  WHILE IN 
ZIMBABWE, THE TEAM, LED BY UNDP AFRICA DIRECTOR ABDOULIE 
JANNEH, FOUND MANY FLAWS IN THE LAND DISTRIBUTION 
                       CONFIDENTIAL 
 
PAGE 03        HARARE  00050  071141Z 
PROCESS AND DOCUMENTED AN ENORMOUS DECLINE IN ACREAGE 
BEING TILLED DUE TO THE CHAOTIC NATURE OF THE LAND 
DISTRIBUTION PROCESS. SUBJECT TO ENORMOUS GOZ PRESSURE, 
THE UNDP-LED TEAM REFRAINED FROM RELEASING A FORMAL 
REPORT DURING THEIR VISIT, BUT WE WOULD EXPECT THE FINAL 
REPORT TO SPEAK POLITELY, BUT FRANKLY, ABOUT THE MANY 
FLAWS IN IMPLEMENTATION OF THE LAND DISTRIBUTION 
PROGRAM. 
 
3.(C) THE GOZ'S BOAST THAT ITS LAND DISTRIBUTION PROGRAM 
IS NOW TOTALLY IN COMPLIANCE WITH THE RULE OF LAW IS 
BASED PRINCIPALLY ON THE CONTROVERSIAL JUDGMENT OF THE 
RECONFIGURED SUPREME COURT REVERSING AN EARLIER SUPREME 
COURT DECISION. WHETHER LEGAL UNDER NEW GOZ LEGISLATION 
AND COURT RULINGS OR NOT, LAND DISTRIBUTION IS BEING 
CARRIED OUT IN A LARGELY OPAQUE MANNER AND, IN MANY 
CASES, TO THE BENEFIT OF ZANU-PF INSIDERS.  THE ZIMBABWE 
HUMAN RIGHTS NGO FORUM, A GROUP OF TEN PROMINENT NGO'S 
PUBLISHED ON DEC 17 A REPORT ON THE ABUJA AGREEMENT 
(FOUND IN WWW:ZWNEWS.COM/ABUJA3.COM ).  THE REPORT 
CONCLUDED THAT "INVASIONS OF THE FARMS HAVE NOT CEASED 
SINCE THE ABUJA AGREEMENT AND . IN SOME AREAS VIOLENCE 
MAY EVEN HAVE WORSENED."  THE REPORT OFFERS SUBSTANTIAL 
DOCUMENTATION OF ITS ASSERTIONS. 
 
ON HUMAN RIGHTS AND DEMOCRATIC PRINCIPLES 
----------------------------------------- 
 
4.(C) REGARDING THE GOZ'S COMMITMENTS TO RESPECT HUMAN 
RIGHTS AND DEMOCRATIC PRINCIPLES, THE ZIMBABWE HUMAN 
RIGHTS NGO FORUM (OP. CIT.) CONCLUDED THAT, BEGIN QUOTE: 
                       CONFIDENTIAL 
 
PAGE 04        HARARE  00050  071141Z 
THE GOZ IS TAKING STEPS INIMICAL TO ITS ABUJA 
COMMITMENTS. THE GOZ ACTIONS SUGGEST THAT IT INTENDS TO 
HOLD ELECTIONS AGAINST A BACKGROUND OF ORGANIZED 
VIOLENCE AND TORTURE AND WITHIN A FRAMEWORK INIMICAL TO 
COMMON STANDARDS FOR FREE AND FAIR ELECTIONS. END QUOTE 
 
5.(C) THESE ISSUES GO BEYOND DIFFERENCES OVER ELECTION 
RULES OR ELECTION OBSERVATION.  THE EMBASSY HAS SOLID 
INFORMATION THAT THE GOZ AND ZANU-PF ARE MAKING 
DELIBERATE USE OF WAR VETERANS AND GOVERNMENT-TRAINED 
YOUTH BRIGADES TO INTIMIDATE, BEAT AND TORTURE PEOPLE 
WHO ARE LINKED TO THE OPPOSITION OR WHO CANNOT PRODUCE 
EVIDENCE OF ZANU-PF AFFILIATION.  IN THE LAST SEVERAL 
WEEKS, AT LEAST FIVE OPPOSITION MDC ACTIVISTS HAVE BEEN 
KILLED BY SUCH GANGS. IN ADDITION, THE GOZ HAS 
INTRODUCED NEW LEGISLATION WHICH WILL PROVIDE FOR HEAVY 
STATE LIMITS ON  FREEDOM OF INFORMATION, INTRODUCE NEW 
PENALTIES IN THE NAME OF PUBLIC SECURITY AND MAKE THE 
ELECTORAL PROCESS INCREASINGLY SUBJECT TO GOVERNMENT 
CONTROL BY LIMITING INDEPENDENT OVERSIGHT. 
 
SULLIVAN 
 
                       CONFIDENTIAL 
 
>