US embassy cable - 04HARARE2003

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 002003 
 
SIPDIS 
 
AF/S FOR BNEULING 
NSC FOR SENIOR AFRICA DIRECTOR C. COURVELLE, D. TEITELBAUM 
PARIS FOR C. NEARY 
 
E.O. 12958: DECL: 12/31/2009 
TAGS: PGOV, PHUM, PREL, ZI, Parliamentary Affairs 
SUBJECT: NGO AND ELECTORAL COMMISSION BILLS PASS 
 
REF: A. 1790 AND PREVIOUS 
     B. 1563 
     C. 1416 AND PREVIOUS 
 
Classified By: Ambassador Christopher W. Dell under Section 1.5 b/d 
 
1. (SBU) SUMMARY: Following President Mugabe,s state of the 
nation address on December 9 (septel), Parliament met in an 
unusual and unexpected extended session and passed two 
controversial bills: the NGO Bill and the Zimbabwe Electoral 
Commission (ZEC) Bill.  The bills still await the signature 
of President Mugabe before becoming law.  The ruling ZANU-PF 
party pushed through both bills on party line votes in the 
sparsely attended late night session, despite domestic and 
international criticism, especially of the NGO bill.  Our NGO 
contacts anticipate a crackdown against several organizations 
as soon as the bill is signed.  At least one organization is 
planning a constitutional challenge to the NGO bill.  END 
SUMMARY. 
 
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Parliament Works Overtime 
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2.  (SBU) The December 9 approval of the two bills came 
unexpectedly.  No vote had been scheduled, and it is highly 
unusual for Parliament to meet following Mugabe,s state of 
the nation address.  Both bills had generated controversy, 
especially the NGO bill, and our contacts in both parties 
indicated that ZANU-PF had chosen to force the bills through 
before the Christmas break and at a moment when the 
opposition was unprepared.  In the event, the Zimbabwe 
Electoral Commission (ZEC) bill passed with little debate by 
a vote of 65 to 30.  However, the NGO bill generated heated 
debate before passing by a vote of 48 to 22.  In both cases 
ZANU-PF M.P.s present voted for the bills while MDC M.P.s 
opposed, but the MDC notably failed to muster its votes to 
send a clear message of opposing the legislation. 
 
3.  (C) The last-minute debate on the NGO bill was itself 
unusual and a reflection of the controversy the bill has 
generated.  Normally, debate on a bill would have ended well 
before its third and final reading.  Parliament had already 
given the bill an extraordinary degree of consideration, 
including the largest public parliamentary hearing ever held 
in Zimbabwe last September.  The intense domestic and 
international criticism of the bill failed to prevent its 
passage but did prevent inclusion of amendments from the 
Ministry of Social Welfare that would have extended the 
bill,s most controversial feature, its ban on foreign 
funding, to even more categories of NGOs (Refs B and C). 
 
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NGO Bill Provisions 
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4. (C) According to staff at the NGO Zimbabwe Lawyers for 
Human Rights (ZLHR), NGOs have been preparing for the passage 
of the bill.  ZLHR registered as a trust to take advantage of 
the six-month grace period the bill establishes for already 
registered organizations to register under the new 
legislation, during which time they would not be subject to 
government scrutiny.  It plans to register now as a law firm 
in order to continue its public interest litigation.  Staff 
at ZLHR say other NGOs will try similar tactics and may 
abandon some of their activities in the hopes of being 
allowed to register under the new bill. 
 
5.  (C) Many NGO representatives have told us they expect 
that there will be a crackdown on selected organizations the 
Government finds most offensive as soon as the bill is 
signed.  Despite the six-month grace period, the NGO Council 
created under the bill will have wide discretion and could 
begin targeting NGOs immediately as well as refusing to 
register organizations.  ZLHR expects to be one of the 
targeted organizations and has closed to the public until 
further notice. 
 
6.  (U) According to the Daily Mirror on Saturday, the Law 
Society of Zimbabwe plans to challenge the constitutionality 
of the NGO bill, among other laws, on the grounds that it 
violates human rights by preventing dissent. 
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Election Law 
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7.  (SBU) The Zimbabwe Electoral Commission (ZEC) bill is one 
of two electoral reform bills (ref A); the Electoral Bill is 
still under consideration by Parliament.  The ZEC bill 
establishes a commission to prepare for and oversee elections 
and to conduct voter education.  The bill has been criticized 
by the MDC for not clarifying the differences between the 
function of the Commission and the already existing Electoral 
Supervisory Commission (ESC), also a constitutional body, 
which has overseen previous elections. 
 
8.  (SBU) Commission members are to be nominated by 
Parliament and appointed by the President (except for the 
Chairperson, who is appointed in consultation with the 
Judicial Service Commission).  The ZEC will have control of 
registration of voters and supervise the Registrar-General, a 
constitutional body subject to considerable criticism in 
prior elections as a ruling party tool used to steal 
elections.  The bill requires that organizations conducting 
voter education use no foreign funding, unless that funding 
is channeled through the ZEC. 
 
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Comment 
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9.  (SBU) COMMENT: The passage of the bills is a serious 
setback for freedom, democracy, and human rights in Zimbabwe. 
 No doubt the GOZ will use its new powers to further stifle 
dissent and opposition.  That said, there was a small ray of 
light in the extensive debate of the bill and the 
parliamentary activism evidenced.  We share NGO concerns 
about a crackdown against NGOs on the heels of the NGO bill, 
but it remains to be seen how the GOZ will use this bill.  If 
experiences under POSA and AIPPA are any indication, the 
Government may enforce the new law selectively, concentrating 
on closing a few of its most outspoken critics while 
continuing to rely on harassment and self-censorship to deal 
with the rest of the NGO community.  The underlying fragility 
of that community was underscored by the fact that it did not 
raise more of a fuss the morning after the bill passed: 
World Human Rights Day would have been the perfect 
opportunity to lampoon the GOZ for its repressive policies. 
END COMMENT. 
DELL