Three IRIN stories from today concerning Zimbabwe:
"Rights activists condemn constitutional changes"...
Zimbabwean human rights activists condemned sweeping constitutional amendments approved by parliament on Tuesday, arguing the government has undermined basic freedoms.
Describing the proposed changes to the constitution as the "worst piece of legislation yet", Joseph James, president of the Law Society of Zimbabwe, said lawyers "across political and ideological lines" had, for the first time, taken a stance against the new legislation.
"It is worse than the Public Order and Security Act (POSA) and the Access to Information and Protection of Privacy Act (AIPPA), as the current legislation attacks the very basis of our constitution," he commented, in reference to two controversial laws that limit freedoms of association and expression.
The law society is considering taking its protest to either the African Commission on Human Rights or the Supreme Court in Zimbabwe, which also functions as the Constitutional Court.
James pointed out that the 22-clause Constitutional Amendment Bill abolishes freehold property titles; removes the landowner's right to appeal expropriation; usurps the authority of the courts, and will restrict the movement of Zimbabweans.
The bill also seeks to reconstitute parliament as a bicameral legislature, consisting of a 60-seat senate and a House of Assembly. The new senate will not have the authority to initiate legislation, but can review legislation proposed by the assembly.
Forty-five of the 60 members will be elected to the house in elections to be held in October. Each province will elect two senators - the remaining 15 will be nominated with the final approval of the president, which critics have alleged will be used to reward loyalists.
Soon after a controversial landslide election victory in March, Zimbabwe's ruling ZANU-PF party announced its plans to use its two-thirds parliamentary majority to change the constitution.
National political commissar Elliot Manyika told IRIN that the House of Senate was necessary for strengthening constitutional democracy and widening the process of parliamentary decision-making, based on national consensus. The senate was abolished in 1987.
James insisted the amendments were an "undisguised frontal assault" on the rights of Zimbabweans, which "fully merit censure".
The amendments "seek to demolish and attack the fundamental principle of constitutionalism, ensured by the separation of powers, checks and balances, independent constitutional review by an independent judiciary, and protection of individual rights".
"As officers of the Court, with a duty to the law and the pursuit of these principles, we cannot sit back and fail to act whilst fundamental rights accruing to people by virtue of their existence and dignity as human beings are being attacked," he observed.
Earlier on Tuesday while introducing the bill in parliament, news agencies reported that Justice Minister Patrick Chinamasa said the amendments would bring to full circle Zimbabwe's war against British colonial rule which culminated in independence in 1980.
"This amendment will conclude the third chimurenga (war of liberation in the Shona language) and the process of decolonisation," he said.
The government's fast-track land reform programme, launched in 2000, targeted the colonial legacy of land ownership, in which a small group of largely white commercial farmers owned vast tracts of the country's most fertile land. But it was accompanied by violence and intimidation.
Several farmers had successfully challenged the expropriation of their farms in administrative courts, where over 5,000 land acquisition cases dating back to 2000 were reportedly still waiting to be heard.
The changes to the property clause now allows government to seize land without being challenged in court; moreover any court decision taken against expropriation during the implementation of the land reforms will be overturned in favour of the state.
Zimbabwe Human Rights Association (ZimRights) director Munyaradzi Bidi described the amendments as an "evil piece of legislation, which completes the cycle of repression", and said the changes to the property clause would have "far-reaching consequences in a country dependent on agriculture".
Amendments to the constitution's freedom of movement clauses now allows the authorities to confiscate passports of those deemed a threat to national security. Chinamasa told IRIN earlier this month that there was no need for law-abiding citizens to worry about the proposed changes.
Zimbabwe's constitution has reportedly been amended 16 times since independence in 1980. The last attempt at constitutional reform was in 2000, when the government's recommendations were rejected in a referendum.
"IMF negotiations continue"...
The International Monetary Fund (IMF) is to continue negotiations with the Zimbabwean government on economic reforms to get the country back on track.
IMF spokeswoman Gita Bhatt told IRIN on Tuesday that the Fund's mission to Zimbabwe had been extended, and that "the team is likely to stay on until Friday in order to finish a report to management ahead of the board meeting on 9 September".
Zimbabwe was suspended from the IMF and faces expulsion for non-payment of arrears when the executive board meets.
Bhatt said the staff mission currently in Harare would "update information on recent economic developments, as well as on policy initiatives that the authorities plan to implement in the period ahead".
Zimbabwe has been in continuous arrears to the Fund since February 2001, and about US $295 million was outstanding at 22 August.
The IMF's executive board extended a lifeline on 16 February this year, when it postponed its deliberations on Zimbabwe's "compulsory withdrawal" from the Fund for six months.
However, to unlock potential foreign aid the country had to strengthen its cooperation with the IMF - something that had yet to happen, said Zimbabwean economist John Robertson.
"The IMF is clearly looking to persuade the country to adopt policies that will allow Zimbabwe to pay its arrears - it has got to recover the ability to earn foreign currency. The IMF cannot lend to any country that shows the lack of ability to repay the money," Robertson pointed out.
"The policies that have got us into the difficulties we now face; policies that have destroyed our ability to earn foreign currency - such as the [fast-track] land redistribution programme that wiped out the tobacco and beef export industries - are the things the IMF want to see us fix before they lend us any more money," he explained.
After a staff team visited Zimbabwe in June, the IMF noted that "the magnitude of the economic problems confronting Zimbabwe calls for a comprehensive policy package that should include decisive action to lower the fiscal deficit, a tightening of monetary policy, and steps to establish a unified, market-determined exchange rate. The package should also include structural reforms, such as the removal of administrative controls, to ease shortages and restore private-sector confidence".
Although the Fund stipulated that "a rebuilding of relations with the international community" was a critical part of the effort to reverse the economic decline, Robertson noted that the government appeared to be moving towards a more "isolationist policy", which could see its international relations deteriorate.
"UN and govt to rework text of $30m flash appeal"...
The United Nations and Zimbabwean authorities went back to the drawing board on Tuesday after President Robert Mugabe's government raised serious objections to a draft emergency appeal to provide immediate aid to 300,000 people.
The UN flash appeal would cover those hardest hit by the government's controversial urban cleanup campaign, but last week Mugabe refused to endorse the US $30 million request after raising questions about the text.
Harare insists that the number of people affected by its controversial demolition campaign has been inflated, and has downplayed the impact of the operation on the livelihoods of those who had supported themselves and others by means of informal trade.
UN officials met with their Zimbabwean counterparts on Monday and agreed to set up a joint committee to draft a new emergency appeal.
"We made substantial progress during our meeting with the government of Zimbabwe yesterday [Monday], and hope that by the end of the week we will have a reworked text. Essentially, the Zimbabwean government has said that the current challenges it faces cannot be compared to the crisis in Niger or in other part of the continent," the UN Resident Coordinator, Dr Agostinho Zacarias, told IRIN.
"The government also wants the new text to acknowledge that it has taken action to assist those who have been affected, and that both sides need to take a closer look at the number of people affected by the operation," he noted.
While the UN estimates that a total of 2.4 million people, or 18 percent of the population, were affected by the evictions and the crackdown on the informal economy that began on 18 May, Zimbabwe's UN Ambassador, Boniface Chidyausiku, claimed that only about 2,000 people were affected, according to an Associated Press report on [Friday].
"We have, firstly, to agree on a humanitarian plan. Once that is done, we have decided to jointly assess just how many people were affected by the campaign, but that will be done while we continue to help those in need. Additionally, a joint committee has been established between the government and the UN to consult regarding the technical and administrative support needed for the humanitarian effort," Zacarias explained.
NGOs working in Zimbabwe, who have faced government criticism for their apparent exaggeration of the impact of Operation Murambatsvina ('Drive Out Filth'), said they had expected the UN to take a "stronger position" on the issue.
"Although it is important to recognise the political dimensions in this case, there was an expectation that the UN would have taken a more proactive role in engaging the government. There is a need to look beyond relief delivery and towards long-term structural factors," David Mwaniki, humanitarian programme manager for Action Aid in Zimbabwe, told IRIN.
"The UN should move away from its current fire-fighting posture and focus its energy on advocacy and trying to influence government policy, especially since the humanitarian imperative should always take precedence."
Mwaniki pointed out that tackling Zimbabwe's macroeconomic challenges was key to ensuring that the rights of those displaced by the operation were safeguarded.
Action Aid has been highly critical of Operation Murambatsvina, and has questioned the capacity of the government to address the needs of the many thousands affected by the campaign.
In a report released in July, the international development NGO said although it was difficult to quantify the damage caused by the cleanup operation in monetary terms, major losses across a broad front, ranging from shelter to schooling, were likely.
The NGO argued that greater detail on the impact of the operation was required for relief assistance to be effective, and also raised concerns that current assistance was biased towards those with access to relief in holding camps or sheltering in churches, leaving the most vulnerable members of the affected population to fend for themselves.
Social change for the next generation
Young girl with infant child at refugee camp in Darfur. Photo by Dan Scandling, Office of U.S. Representative Frank Wolf