Zimbabwe's role as the SADC Chair under Mnangagwa and its impact on regional stability, democracy, and human rights
By Dzikamai Bere
Introduction
On 17 August 2024, Zimbabwe under the leadership of President Emmerson Mnangagwa assumed the Chair of the Southern Africa Development Community (SADC) at the 44th SADC Summit Heads of States and Government that was held in Harare, Zimbabwe. The summit was preceded by a trail of blood and tears as the Government of Zimbabwe (GoZ) unleashed a reign of terror on its citizens in fear of anti-government protests. In this reflection, I look at the role of the SADC Chair and its possible impact on stability, democracy, and human rights.
The Role of the SADC Chair
In the run-up to Zimbabwe assuming the Chair of SADC, the ZANU PF propaganda machine went into full swing hyping this event as a major milestone for President Emmerson Mnangagwa. In the rural areas where information comes in small doses, the masses were meant to believe that Mnangagwa was going to be inaugurated as the ‘President of Africa’. This misleading propaganda can be interpreted as an act of political manoeuvring by the Harare administration as a way of rehabilitating its image in the region after the SADC Election Observer Mission condemned the way the 2023 election was run hence throwing into question the legitimacy of the election outcome.
The truth of the matter however is that SADC leadership as outlined in Article 10 of the SADC Treaty is not merit-based but rotational. This makes it ceremonial, not executive. Decisions by SADC are made by the Summit and they must be unanimous. The Summit announces its plans through the communique. Some of the resolutions are implemented through other branches of SADC.
The primary work of SADC, however, does not require the political grandstanding that is usually associated with its summits. It requires the diligent implementation of the various provisions of the SADC Treaty and its accompanying protocols.
On the sidelines of the SADC Summit Heads of States and Government, the Zimbabwe Human Rights Association (ZimRights), in collaboration with the Zimbabwe Council of Churches (ZCC), WeLead, WALPE, BUPRA, VISET, and SAPSN convened the SADC People’s Summit Symposium on Human Rights, Democracy and Good Governance. This provided a reminder to the SADC leadership for their obligations. It is very important that as we reflect on the role of the SADC Chair, we clearly state the following instruments identified by the symposium as key to the realisation of the vision of a SADC that values human rights, democracy, and good governance.
Treaty of the Southern Africa Development Community (SADC Treaty)
The SADC Protocol on Gender and Development
The SADC Protocol on Democratic Elections
The SADC Principles and Guidelines Governing Democratic Elections
The African Charter on Human and Peoples’ Rights (ACHPR)
The African Charter on Democracy, Elections and Governance (ACDEG)
The African Union Agenda 2063 particularly Aspiration 3 which envisions an Africa of good governance, democracy, respect for human rights, justice, and the rule of law.
Context: The Road to the Summit
Ahead of the 44th Summit, the democracy and human rights situation in SADC was precarious. The symposium outcomes statement highlighted "increased violent and disenfranchising electoral processes, poor service delivery, shrinking civic space, and continued marginalisation of vulnerable communities across the SADC region." Presenters from various countries regretted that the pertaining situation shows that the SADC leadership has developed collective amnesia of their obligations under the SADC Treaty. The situation in Zimbabwe was particularly dire as the GoZ detained more than 100 activists, accusing them of plotting to disrupt the SADC summit. Activists reported that they were tortured at the hands of the state for crimes that they did not commit. This situation shows that respect for human rights is not a priority for the SADC leadership.
What the People Expect
Speaking in various avenues, civil society groups stated that they expect the SADC leadership to address, among other things, three fundamental issues that are critical to improve the human rights situation in the region.
In the last two to three years alone, about 8 SADC countries held elections. These include Zimbabwe, Swaziland, South Africa, the Democratic Republic of Congo (DRC) and Angola. More elections are coming up in Mozambique, Namibia, Botswana and Mauritius. With the exception of just a few, elections in the SADC region have been contested with accusations of violence and electoral theft. This is true for Zimbabwe and Swaziland. In the case of Zimbabwe, the SADC Election Observer Mission issued an adverse report stating that the electoral process fell below the Constitutional standard. The observer mission raised concerns over allegations of voter suppression, voter intimidation, and biased media coverage among other issues. Speaking at the SADC People’s Summit Symposium, Zimbabwean researcher and co-convener of the Platform for Concerned Citizens (PCC) Tony Reeler said that the fact that SADC ignored the report of its own observer mission is a violation of the SADC Treaty as well as the SADC Protocol on Democratic Elections.
Civil society organisations that participated in the symposium stated that the people of SADC among other things, expect SADC leaders to strengthen regional electoral systems to encourage participation, combat violence and polarisation, improve electoral dispute resolution mechanisms, and restore the people’s confidence in democracy. They also called for the strengthening of legal and institutional frameworks that protect human rights and support democratic governance, ensuring judicial independence and effective accountability mechanisms. A clear ask was made for the restoration of the SADC Tribunal with the power to act as a regional electoral dispute resolution mechanism.
Sadly, a look at the call by civil society in comparison with the communique issued by SADC on 18 August 2024 shows that the people and their leaders are not on the same page in the region. Out of 38 items carried in the communique, the Summit only addressed one human rights issue to do with adoption and signing of the SADC Declaration on the Protection of Persons with Albinism.
The Summit endorsed the Theme of the 44th SADC Summit of Heads of State and Government, titled “Promoting Innovation to Unlock Opportunities for sustained economic growth and development towards an Industrialised SADC, proceeding with slogans that lack clear action plans to deal with real issues in the region affecting the people. The summit ignored the fact that across the region, approximately 1.2 million refugees and asylum seekers have been displaced due to conflict and repression. The DRC faces the largest internal displacement crisis in Africa, with 6.8 million people internally displaced, while Mozambique has around one million internally displaced. Instead, they chose to turn these annual summits that must tackle real issues into ceremonies to massage each other’s egos and congratulate each other on stolen elections while the people are languishing. The summit turned a blind eye to the fact that over 8,000 street vendors in Zimbabwe were forcibly removed from their vending sites in a cleaning campaign that was an attack on livelihoods. The summit ignored the fact that over 100 activists were imprisoned in the run-up to the summit as the government tried to create an impression that all is well in Zimbabwe. The summit ignored the fact that many activists were tortured for merely doing their work of defending human rights in violation of the African Charter on Human and People’s Rights among a plethora of human rights instruments.
Article 4 of the SADC Treaty clearly states that SADC and its member states shall act in accordance with the principles of human rights, democracy, and the rule of law.
Prospects of SADC Delivering on Expectations
It is unlikely that SADC will deliver on these expectations, given its tradition of inaction on human rights and democracy issues. As already alluded to, the communique issued by the 44th Summit douses any flame of home that human rights and democracy will ever be a serious agenda of SADC.
Dr. Ibbo Mandaza has said that SADC has failed to address human rights and democracy issues in the region.
"SADC has been a huge disappointment, particularly in terms of its inability to address the democratic deficits and human rights violations in the region... SADC has been more of a club of presidents than a people-centered organisation." (Source: "SADC's Failure to Address Zimbabwe's Crisis" in the Daily Maverick, 2020)
These views summarise what stands in the way of SADC delivering on the expectations of the people and obligations of the SADC Treaty. There is no political will in the current leadership of SADC as evidenced by their behaviour in the past but more recently in the crackdown on human rights and democracy activists in the run-up to the 44th Summit. With the exception of very few, SADC governments have not shown enthusiasm for advancing human rights and democracy. This legacy has seen attacks and isolation of a few leaders who may try to remind SADC of its obligations under the SADC Treaty and other human rights instruments.
Speaking at the 2023 SADC Council of Ministers, the immediate Chairperson of the SADC Organ on Politics, Defence and Security Cooperation (SADC Troika) and Zambian President Hakainde Hichilema said, “As SADC, we need to be more robust in promoting democracy and human rights. We need to hold each other accountable for any transgressions."
His words resonate with the efforts that his reign as SADC Troika Chair saw him taking a pro-democracy stance and yet his efforts have been paid back by attacks from his authoritarian colleagues. This reality shows that the traditional authoritarian SADC will not support any reform agenda hence the prospects of SADC delivering on the expectations of the people are very unlikely.
What Can Be Done to Address Human Rights and Democracy Issues
There is no shred of hope that the leadership of SADC will do anything to improve the situation unless there is something dramatic. Progressive forces however must not rest because there is no political will. The response to the lack of political will must be building political accountability. The People’s Summit symposium noted the SADC leadership amnesia of the SADC Treaty’s commitment to democratic principles. The symposium acknowledged the wealth of SADC instruments that clearly provide adequate tools for civil society in the region to create a solid plan for holding the SADC leadership to account for its obligations. Here I share a few ideas.
Defending the existing spaces for democracy and human rights. While human rights democracy is clearly in the intensive unit, there are a few spaces that give hope in terms of good democratic practice and observance of human rights. A good example is the cases of Zambia and South Africa. Their cases give hope that there are a few examples that we can learn from and use to build the case for democracy and human rights. These few governments must be encouraged and celebrated to continue being the beacon of hope in the region.
Civil society in the region must continue to organize people's movements to continue speaking for democracy and human rights. First, we must acknowledge the good work that has been done by the SADC civil society in the region over the years in building a people movement under the leadership of SAPSN. Every year, SAPSN convenes the SADC People’s Summit on the sidelines of the Heads of State and Government Summit. Outcomes of the People’s Summit are then shared with the Heads of State and Government, an initiative that has helped to keep people's issues on the SADC agenda.
The 2024 symposium, in various presentations, has made the case that SADC has sufficient instruments that can be used to benchmark regional democracy standards. It noted that what SADC lacks are enforcement mechanisms. For example, SADC has a protocol on elections and democracy and clearly outlines what happens when a member state fails to adhere to such a protocol. Instead of allowing the heads of state to politic over these instruments, civil society must create a monitoring mechanism to monitor the member states’ adherence to the various SADC instruments for human rights and democracy. This monitoring mechanism can be used to hold SADC leaders to account and to prosecute transgression in regional and international platforms.
A few more concrete suggestions emerged from the region aligned with a monitoring mechanism. One is a people’s electoral pact as both a benchmarking tool and regional mobilising platform for the demand for electoral reforms in the region, which reforms must be designed from the perspective of grassroots communities to avoid the elite pacts that have failed to deliver beyond the power-sharing agreements.
The symposium recommended the re-establishment of the SADC Tribunal as a dispute resolution mechanism that can also be empowered to deal with regional electoral disputes. This could be designed with a broad mandate to enable it to be the judicial arm for all SADC instruments. It gives SADC citizens a clear shot at justice where they feel that their governments are in violation of the SADC treaty and its accompanying protocols. Instead of resurrecting the dead tribunal, I believe we must totally reimagine this judicial arm to avoid this being a dance with the ghosts but a more future-oriented initiative.
Conclusion
As Zimbabwe assumes the SADC Chair, the region faces a critical moment. We the SADC people are to expect very little from SADC but must refuse to lose hope. While we know SADC will deliver nothing for democracy and human rights in the coming year, with an even greater risk of authoritarian consolidation, we must organise and set a clear target for ourselves as we strengthen people movements in the region, create accountability platforms for holding the leaders to account and empower a judicial mechanism for seeking remedy. We have a good opportunity to bring to life all those beautiful SADC protocols, raise awareness among the people of what these protocols say, and demand that the leaders be held to account for any transgressions. If leaders fail in their duties, our record of their failures and efforts at pushing for action can be a beacon of hope for the region. Only through collective action can we bring real change to the region.
Dzikamai Bere is a Zimbabwean human rights activist, a peace worker and a transitional justice expert. Currently, he works as the National Director for the Zimbabwe Human Rights Association (ZimRights).