Despite President Munangagwa’s recent spirited efforts for Zimbabwe to be re-admitted into the Commonwealth, his party Zanu-PF muscled through Parliament a Criminal Law Amendment Bill commonly known as the Patriotic Bill on Wednesday the 5th of June.
The Commonwealth has cited Zimbabwe’s mottled human rights record as a sore thump from being re-admitted into the 56-member country grouping of originally former British colonies save for Rwanda, Mozambique, Gabon and Togo- new members that have no historical ties to the British Empire.
The late long-serving former President Robert Mugabe unilaterally pulled out of the grouping in 2003, a year after it was suspended in 2002 for violating the Commonwealth charter.
The Commonwealth had suspended Zimbabwe on grounds of disrespecting human and property rights in the light of the chaotic land reform programme that saw about 4000 white former farmers lose land even those that were protected under Bilateral Agreements between Britain and Zimbabwe.
On the other hand, Mugabe cited political interference in the day-to-day affairs of the country and decided to go solo, a move that shocked many.
Mugabe famously dared then British Prime Minister Tony Blair to ‘keep your England and I will keep my Zimbabwe”
Thenceforth, Zimbabwe’s economic well-being has been that of a leper, shunned at world economic fora, with investors giving it a wide berth.
However, upon assumption of duty in the aftermath of the November 2017 coup de’ tat that removed long-time leader Robert Mugabe, President Munangagwa of the New Republic went on a whirlwind tour across the globe cap in hand looking for investors.
State media was awash with news of mega deals aimed at changing the economic landscape of the country.
However, citizens are yet to see the fruits of those publicly funded junkets in expensively- chartered Gulfstream jetliners from the Middle East.
There has been little to no Foreign Direct Investment (FDI) and resultantly, many manufacturing industries either shut shop or shipped out elsewhere.
The roundly condemned Patriotic Bill seeks to punish citizens deemed as ‘sellouts’ by death, long imprisonment, loss of citizenship, and loss of the right to register as a voter for at least 5 years.
Zanu-PF holds a parliamentary majority and the controversial bill sailed through with 99 Zanu PF members voting in support while a paltry 17 votes from opposition benches were against it.
Zimbabwe has a bicameral legislature with the lower house which is Parliament and the upper house which is the Senate.
The crux of the bill according to its authors targets citizens at home and abroad “willfully damaging the sovereignty and national interest of Zimbabwe”.
The Patriotic Bill encapsulates a catalogue of punishable offences by Zimbabwean nationals anywhere.
These include participation of nationals in meetings in and outside the country with a view to militarily subvert, upset, overthrow or overturn a constitutionally elected government.
The Bill also seeks to punish citizens who call on trade boycotts or canvas for economic sanctions against the country.
Nonetheless, while Zanu-PF hawks are looking like cats that got the cream in Parly last Wednesday, it should be noted the bill is a giant step to mediaeval times and tantamount to banana skins on the road back into the Commonwealth.
It is draconic, regressive in a democratic dispensation of the new world order most especially for Zimbabwe that is at pains to explain its economic and democratic well-being to international players of the world.
While other third world countries are finding ways to partner with those in G20 and BRICS for mutually beneficial synergies, Zimbabwe is going against the grain throttling civil liberties for its citizens- an important benchmark for countries to be considered equal member at most international gatherings.
The Bill is simply a setback in the country’s bid to re-join the Commonwealth.
Additionally, it is a weapon of choice in lawfare aimed at distrupting the conduct of opposition players.
No amount of cajoling and political posturing can undo the stain this Bill has wrought on the country’s image.
The country’s leadership is vehemently against any dissent and the Bill is a tacit admission to that effect.
The Commonwealth was founded in 1926 and it is one of the world’s largest political groupings with member states spread out across six continents.
Even the Zimbabwe Lawyers for Human Rights (ZLHR) weighed on the bill pointing out that it is “unclear, ambiguous, imprecise and likely to be misused by the law enforcement”.
That is a sweeping statement.
Whenever misuse of power by law enforcement is mentioned, the opposition is at the receiving end.
Without a doubt, there will be escalation of arbitrary arrests and detention from opposition parties on trumped up charges. Anyone perceived to be supping with foreign interests will be at the mercy of the bill.
Journalists from independent press shining a light on shady government business will not be spared either.
Automatically the bill categories them as ‘sellouts’ and enemies of the State.
Anyone who engages foreign governments or embassies with prior authorisation is liable to punishment under the new law which makes it very dangerous for media practitioners as they undertake their day-to-day work.
Zanu PF sympathisers will never know the potency of the bill unless of course, they fall out of favour with the powers that be.
Experts warn the Bill does not define sovereignty and national interest in clear terms, which could be broadly and subjectively interpreted to criminalise the lawful conduct of those expressing their freedom of expression.
The law also applies to actions done outside Zimbabwe, meaning one could be charged in Zimbabwe for allegedly committing crimes abroad.
On the other hand, the authors of the law claim it is nothing unusual.
The law is not any different to the Logan Act in the United States, which forbids unauthorised American citizens from negotiating with foreign governments that have a dispute with the United States.
Only two people have ever been charged with violating the Logan Act, one in 1802 and the other in 1852. Neither was found guilty.
But in Zimbabwe, the unfortunate law comes into being at a time when Job’ Wiwa’ Sikhala, a firebrand lawyer and champion of free speech from the main opposition Citizens Coalition for Change (CCC) is in prison for months on end in a matter related to political violence.
Sikhala had been denied bail for over six times and previous to this case, he had been in and out of the courts over 50 times without a single conviction.
Jacob Ngarivhume from the opposition trenches was also recently slapped with a long sentence in jail over a tweet allegedly inciting violence. He however denied owning Twitter handle and the charges but was sentenced regardless.
Zimbabwean journalists including Hopewell Chin’ono have also been arrested and detained for prolonged periods on trumped-up charges for simply doing their work.
The Commonwealth Charter dictates that a member state that has withdrawn or been expelled has to re-apply to be re-admitted back into the grouping.
Zimbabwe is in the process of re-applying and its main campaign drive is that it would have achieved an upper middle-income society by 2030.
The Vision 2030 which runs in tandem with conditions set under the Commonwealth re-admission plan includes the country’s energised drive towards democratic processes, freedom of speech and association, respect for human and property rights, the building of strong and independent institutions, observation of the rule of law as well as addressing economic challenges.
Three delegations from the Commonwealth Secretariat have been to Zimbabwe three times for reviews on whether the country is making headway in meeting the conditions.
Commonwealth member states benefit from belonging to a mutually supportive group of independent states. The Commonwealth Secretariat founded in 1965 has over 80 organisations under its ambit and assists members in their efforts to achieve democracy, development and peace. Young people and minority countries to have a voice in the grouping.
It remains to be seen if and when Zimbabwe will make it back into the community of nations in the wake of the Bill. The African proverb says good millet is known on the day of the harvest.
Image Credit: Philimon Bulawayo/Reuters
