INTERNATIONAL BAR ASSOCIATION DELEGATION VISIT

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 001055 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER LONDON FOR GURNEY PARIS FOR WILLIAMS NAIROBI FOR PFLAUMER E.O. 12958: DECL. 03/14/11 TAGS: PHUM PGOV KJUS PINR ZI SUBJECT: INTERNATIONAL BAR ASSOCIATION DELEGATION VISIT BOLSTERS ZIMBABWEAN LEGAL COMMUNITY CONFIDENTIAL PAGE 02 HARARE 01055 01 OF 03 191536Z CLASSIFIED BY CHARGE D'AFFAIRES EARL IRVING. REASONS: 1.5 (B) AND (D). SUMMARY -------------- ¶1. (C) IN A WEEK-LONG VISIT TO ASSESS THE CURRENT STATE OF ZIMBABWE'S JUDICIARY, AN INTERNATIONAL BAR ASSOCIATION DELEGATION MET WITH PRESIDENT MUGABE AND MEMBERS OF HIS CABINET AS WELL AS PROMINENT MEMBERS OF THE LEGAL COMMUNITY, INSIDE AND OUTSIDE GOVERNMENT. IN A FRANK THREE-AND-A-HALF HOUR MEETING WITH PRESIDENT MUGABE, DELEGATION MEMBERS EXPRESSED CONCERN ABOUT ESCALATING CRITICISM OF THE JUDICIARY. THE PRESIDENT INSISTED THAT A FEW INCIDENTS DID NOT MEAN THE RULE OF LAW HAD BEEN ABANDONED AND REITERATED HIS VIEW THAT THE LAND ISSUE DID NOT BELONG IN THE COURTS BECAUSE IT IS A POLITICAL ISSUE. TENSIONS WERE APPARENT AMONG JUDGES ON THE HIGH COURT, WHO MADE IT CLEAR THEY RARELY MET TO EXCHANGE VIEWS. JUDGE PRESIDENT (AND ACTING SUPREME COURT CHIEF JUSTICE) GODFREY CHIDYAUSIKU STATED UNEQUIVOCALLY THAT HE WOULD NOT RECOMMEND THE FORMING OF A SPECIAL TRIBUNAL TO INVESTIGATE MISCONDUCT BY SUPREME COURT OR HIGH COURT JUDGES, AS NO BASIS EXISTED FOR IT. THE U.S. MEMBER OF THE DELEGATION DESCRIBED MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS PATRICK CHINAMASA AS A "LIAR OF EXTRAORDINARY ABILITY" AND SAID HE AND INFORMATION AND PUBLICITY MINISTER JONATHAN MOYO WERE BIRDS OF A FEATHER. THE DELEGATION PLANS TO ISSUE A REPORT SOON, AND THE IBA INTENDS TO PROVIDE FOLLOW-ON SUPPORT TO THE LAW SOCIETY OF ZIMBABWE. THE IBA VISIT, WHICH RECEIVED EXTENSIVE COVERAGE IN THE CONFIDENTIAL PAGE 03 HARARE 01055 01 OF 03 191536Z LOCAL MEDIA, PROVIDED A SIGNIFICANT BOON TO MEMBERS OF THE JUDICIARY AND THE LEGAL COMMUNITY GENERALLY, WHICH HAD GROWN WEARY AND DISHEARTENED UNDER THE GOVERNMENT'S CONTINUING ATTACKS. END SUMMARY. DELEGATION -------------- ¶2. (U) A DELEGATION REPRESENTING THE INTERNATIONAL BAR ASSOCIATION (IBA) -- COMPRISING SEVEN DISTINGUISHED JUDGES AND LAWYERS FROM INDIA, NAMIBIA, ST. LUCIA, SOUTH AFRICA, THE UNITED KINGDOM, AND THE UNITED STATES -- VISITED ZIMBABWE THE WEEK OF MARCH 12 TO REVIEW THE STATE OF THE JUDICIARY, INCLUDING ALLEGATIONS OF THREATS AGAINST MEMBERS OF THE BENCH. ON MARCH 19, THE AMERICAN MEMBER OF THE DELEGATION -- U.S. DISTRICT JUDGE ANDRE DAVIS -- AND THE IBA'S EXECUTIVE-DIRECTOR -- MARK ELLIS -- BRIEFED CHARGE, POLITICAL SECTION CHIEF, AND USAID'S DEPUTY MISSION DIRECTOR ON THE VISIT. ¶3. (C) ELLIS REPORTED THAT THE IBA HAD DECIDED TO SEND THE TEAM, ON VERY SHORT NOTICE, AFTER IT BECAME CONCERNED ABOUT ESCALATING THREATS AGAINST THE JUDICIARY. THE IBA EXECUTIVE-DIRECTOR EMPHASIZED THAT THE DELEGATION CAME TO ZIMBABWE DETERMINED TO ASSESS THE SITUATION OBJECTIVELY AND TO LET ITS SUBSEQUENT REPORT SPEAK FOR ITSELF. DURING ITS WEEK IN ZIMBABWE, THE SEVEN-MEMBER TEAM MET WITH MORE THAN 100 PEOPLE, INCLUDING SUPREME COURT AND HIGH COURT JUDGES, THE LAW SOCIETY OF ZIMBABWE AND MANY OF ITS MOST PROMINENT MEMBERS, INCLUDING IN BULAWAYO, AND SENIOR GOVERNMENT OFFICIALS, INCLUDING PRESIDENT MUGABE, MINISTER FOR CONFIDENTIAL PAGE 04 HARARE 01055 01 OF 03 191536Z JUSTICE, LEGAL, AND PARLIAMENTARY AFFAIRS PATRICK CHINAMASA, MINISTER FOR INFORMATION AND PUBLICITY JONATHAN MOYO, AND ATTORNEY-GENERAL ANDREW CHIGOVERA. THE DELEGATION WAS CONFIDENT IT HAD HEARD THOROUGHLY FROM ALL SIDES AND THAT IT WAS LEAVING WITH A VERY GOOD SENSE OF THE CURRENT STATE OF THE JUDICIARY IN ZIMBABWE. MEETING WITH PRESIDENT MUGABE -------------- ¶4. (C) ACCORDING TO ELLIS, THE DELEGATION HAD A VERY FRANK EXCHANGE OF VIEWS IN A THREE-AND-A-HALF HOUR MEETING WITH PRESIDENT MUGABE ON MARCH 16. ALTHOUGH THERE CLEARLY WERE DISAGREEMENTS, BOTH SIDES FREELY EXCHANGED THEIR VIEWS AND MUGABE DID NOT SEEM TO MIND WHEN HE WAS REPEATEDLY INTERRUPTED BY MEMBERS OF THE DELEGATION. THE DELEGATION PARTICIPANTS EXPRESSED THEIR CONCERNS ABOUT ESCALATING ATTACKS -- BOTH RHETORICAL AND PHYSICAL -- ON MEMBERS OF THE JUDICIARY. MUGABE, ELLIS SAID, ARGUED THAT A FEW SPECIFIC INCIDENTS SHOULD NOT BE INTERPRETED AS EVIDENCE THAT THE GOVERNMENT OF ZIMBABWE DOES NOT OBSERVE THE RULE OF LAW. THE PRESIDENT ALSO REITERATED THE GOVERNMENT'S VIEW THAT LAND IS A POLITICAL, NOT A LEGAL ISSUE, AND BY IMPLICATION THAT IT IS INAPPROPRIATE FOR THE COURTS TO WEIGH IN ON THE FAST TRACK RESETTLEMENT PROGRAM. CONFIDENTIAL CONFIDENTIAL PTQ2018 PAGE 01 HARARE 01055 02 OF 03 191537Z ACTION AF-00 INFO LOG-00 NP-00 AID-00 AMAD-00 ACQ-00 CIAE-00 DINT-00 DODE-00 DOTE-00 SRPP-00 DS-00 EB-00 EUR-00 FAAE-00 FBIE-00 VC-00 H-01 TEDE-00 INR-00 IO-00 L-00 VCE-00 AC-01 NSAE-00 OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 IRM-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 PRM-01 DRL-02 G-00 NFAT-00 SAS-00 SWCI-00 /009W -------------- D41D9C 191538Z /38 P 191533Z MAR 01 FM AMEMBASSY HARARE TO SECSTATE WASHDC PRIORITY 8460 INFO NSC WASHDC PRIORITY SOUTHERN AFRICAN DEVELOPMENT COMMUNITY AMEMBASSY NAIROBI C O N F I D E N T I A L SECTION 02 OF 03 HARARE 001055 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER LONDON FOR GURNEY PARIS FOR WILLIAMS NAIROBI FOR PFLAUMER E.O. 12958: DECL. 03/14/11 TAGS: PHUM PGOV KJUS PINR ZI SUBJECT: INTERNATIONAL BAR ASSOCIATION DELEGATION VISIT BOLSTERS ZIMBABWEAN LEGAL COMMUNITY CONFIDENTIAL PAGE 02 HARARE 01055 02 OF 03 191537Z ¶5. (C) INTERESTINGLY, ELLIS REPORTED THAT THIS MEETING HAD BEEN ARRANGED ONLY WITH THE LAST MINUTE INTERVENTION OF SOUTH AFRICAN PRESIDENT THABO MBEKI, WHO HAD BEEN URGED TO WEIGH IN WITH MUGABE BY DELEGATION MEMBER GEORGE BIZOS. MUGABE TOLD THE GROUP THAT HE HAD ONLY HEARD ABOUT THEIR VISIT THE NIGHT BEFORE. (NOTE: THE IBA WROTE A LETTER TO MINISTER CHINAMASA IN MID-FEBRUARY INFORMING HIM OF THE INTENDED VISIT AND SEEKING A MEETING WITH HIM, AND CHINAMASA ACCEPTED IN WRITING THE FOLLOWING DAY. END NOTE.) THE PRESIDENT APPEARED VIGOROUS AND ALERT, AND JOKINGLY DISMISSED RECENT RUMORS ABOUT HIS HEALTH. ALTHOUGH ACCOMPANIED BY MINISTERS CHINAMASA AND MOYO, MUGABE DID VIRTUALLY ALL OF THE TALKING ON THE GOVERNMENT SIDE, WHICH, ACCORDING TO ELLIS, APPEARED TO MAKE THE TWO MINISTERS VERY UNCOMFORTABLE. HIGH COURT -------------- ¶6. (C) ONE OF THE TEAM'S MOST INTERESTING MEETINGS, ELLIS RECOUNTED, HAD BEEN WITH THE JUDGES OF THE HIGH COURT, INCLUDING JUDGE PRESIDENT (AND ACTING SUPREME COURT CHIEF JUSTICE) GODFREY CHIDYAUSIKU. CHIDYAUSIKU SAID THE IBA WAS WELCOME TO MEET WITH JUDGES SEPARATELY BUT IT WAS BIZOS, AGAIN, WHO SAID NO, THANKS. THE INTERNAL TENSION IN THIS GROUP WAS OBVIOUS, AND IT QUICKLY BECAME CLEAR THAT ITS PRIMARY SOURCE WAS CHIDYAUSIKU HIMSELF. SEVERAL JUDGES EXPRESSED THEIR APPRECIATION FOR THE MEETING, SAYING IT PROVIDED A FORUM FOR THE HIGH COURT'S MEMBERS TO TALK TO ONE ANOTHER. THE CLEAR IMPLICATION WAS THAT THESE CONFIDENTIAL PAGE 03 HARARE 01055 02 OF 03 191537Z COLLEAGUES RARELY, IF EVER, GATHERED TO SHARE VIEWS. CHIDYAUSIKU REPORTEDLY SINGLED OUT THE COURT'S WHITE JUDGES FOR CRITICISM, SAYING THEY ACTED LIKE WHITE JUDGES, NOT ZIMBABWEAN JUDGES, AND MADE NO ATTEMPTS TO INTEGRATE INTO THE COMMUNITIES THEY SERVE. ACCORDING TO JUDGE DAVIS, ONE DELEGATION MEMBER -- CHIEF JUSTICE SIR DENNIS BYRON FROM THE EASTERN CARIBBEAN SUPREME COURT -- DELIVERED IMPASSIONED AND ARTICULATE REMARKS ON THE SPECIAL ROLE OF THE CHIEF JUSTICE IN MAINTAINING THE INTEGRITY AND INDEPENDENCE OF THE COURT AND IN BEING AN ADVOCATE FOR THE MEMBERS OF THE BENCH. JUDGE DAVIS COMMENTED THAT THE REMARKS APPEARED TO HAVE HAD A POWERFUL IMPACT ON CHIDYAUSIKU. ¶7. (C) THE ACTING CHIEF JUSTICE, ACCORDING TO JUDGE DAVIS, WAS UNAMBIGUOUS IN STATING THAT HE WOULD NOT PERMIT THE CONVENING OF A SPECIAL TRIBUNAL TO INVESTIGATE ANY MEMBERS OF THE SUPREME COURT OR THE HIGH COURT, AS NONE OF THE SITTING JUDGES HAD DONE ANYTHING TO WARRANT SUCH DISCIPLINARY ACTION. ASKED WHETHER HE WAS WILLING TO MAKE A PUBLIC STATEMENT TO THAT EFFECT, THE ACTING CHIEF JUSTICE DEMURRED, BUT SAID HE WOULD INCLUDE THAT VOW IN INDIVIDUAL LETTERS TO EACH OF THE SUPREME COURT AND HIGH COURT JUDGES, AND SAID THE DELEGATION WAS WELCOME TO INCLUDE IT IN THEIR FINAL REPORT. THE CHARGE COMMENTED THAT CHIDYAUSIKU'S PROMISE SUGGESTED HE WAS AWARE THAT HIS REPUTATION AS A ZANU-PF STOOGE HAD BEEN DAMAGING, AND PERHAPS HE WAS WAKING UP TO THE NEED TO ESTABLISH HIS CREDIBILITY AS AN IMPARTIAL JURIST. CHINAMASA AND MOYO CONFIDENTIAL PAGE 04 HARARE 01055 02 OF 03 191537Z -------------- -------------- ¶8. (C) THE IBA DELEGATION MET SEPARATELY WITH CHINAMASA AND MOYO, TWO PEOPLE WHOM DAVIS SAID WERE CUT FROM THE SAME CLOTH. DAVIS DESCRIBED CHINAMASA AS BRIGHT AND GRACIOUS, BUT SAID HE WAS A "LIAR OF EXTRAORDINARY ABILITY" AND HAD IN THE MEETING DELIVERED A "REMARKABLE PERFORMANCE FOR A MINISTER OF JUSTICE." CHINAMASA'S INSISTENCE THAT COURT ORDERS COULD BE IGNORED FOR POLITICAL REASONS WAS PARTICULARLY DISTURBING, DAVIS ASSERTED. ELLIS EXPRESSED HIS BELIEF THAT CHINAMASA IS MUCH MORE THAN A MERE POLITICAL HACK. IT WAS ELLIS' VIEW, SHARED BY MANY OF THE ZIMBABWEAN LAWYERS WITH WHOM HE HAD SPOKEN, THAT CHINAMASA IS THE AUTHOR OF THE GOVERNMENT'S APPROACH ON THE JUDICIARY. ¶9. (C) DAVIS DESCRIBED INFORMATION MINISTER JONATHAN MOYO AS "GOEBBELS REINCARNATED," IN HIS APPROACH BOTH TO PROPAGANDA AND TO GOVERNING. ELLIS COMMENTED THAT BOTH CHINAMASA AND MOYO WERE WELL-RESPECTED IN THEIR PREVIOUS LIVES, BUT SINCE ASSUMING THEIR CURRENT POSITIONS, STRANGELY HAVE BECOME ZANU-PF ZEALOTS. NEXT STEPS -------------- CONFIDENTIAL CONFIDENTIAL PTQ2022 PAGE 01 HARARE 01055 03 OF 03 191537Z ACTION AF-00 INFO LOG-00 NP-00 AID-00 AMAD-00 ACQ-00 CIAE-00 DINT-00 DODE-00 DOTE-00 SRPP-00 DS-00 EB-00 EUR-00 FAAE-00 FBIE-00 VC-00 H-01 TEDE-00 INR-00 IO-00 L-00 VCE-00 AC-01 NSAE-00 OIC-02 OMB-01 OPIC-01 PA-00 PM-00 PRS-00 ACE-00 P-00 SP-00 IRM-00 STR-00 TRSE-00 USIE-00 R-00 PMB-00 DSCC-00 PRM-01 DRL-02 G-00 NFAT-00 SAS-00 /009W -------------- D41D9E 191538Z /38 P 191533Z MAR 01 FM AMEMBASSY HARARE TO SECSTATE WASHDC PRIORITY 8461 INFO NSC WASHDC PRIORITY SOUTHERN AFRICAN DEVELOPMENT COMMUNITY AMEMBASSY NAIROBI C O N F I D E N T I A L SECTION 03 OF 03 HARARE 001055 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER LONDON FOR GURNEY PARIS FOR WILLIAMS NAIROBI FOR PFLAUMER E.O. 12958: DECL. 03/14/11 TAGS: PHUM PGOV KJUS PINR ZI SUBJECT: INTERNATIONAL BAR ASSOCIATION DELEGATION VISIT BOLSTERS ZIMBABWEAN LEGAL COMMUNITY CONFIDENTIAL PAGE 02 HARARE 01055 03 OF 03 191537Z ¶10. (C) ELLIS STATED THAT THE GOVERNMENT HAS ASKED FOR TWO WEEKS TO SUBMIT WRITTEN DOCUMENTATION OF ITS VIEWS ON THE JUDICIARY, AND THE IBA INTENDS TO ISSUE ITS REPORT SOON AFTER THAT. ELLIS DECLINED TO ELABORATE ON THE LIKELY SUBSTANCE OF THEIR REPORT, SAYING THAT HE HAD NOT YET HAD A CHANCE TO DISCUSS THIS IN DETAIL WITH DELEGATION MEMBERS. ONCE THE REPORT IS FINALIZED, IT WILL BE TRANSLATED INTO SHONA AND NDEBELE AND DISSEMINATED WIDELY. THE IBA PLANS TO HOLD THREE PRESS CONFERENCES TO ANNOUNCE RELEASE OF THE REPORT -- IN LONDON, IN WASHINGTON, AND IN THE REGION, PROBABLY IN JOHANNESBURG. IN ADDITION, ELLIS IS DETERMINED TO PROVIDE FOLLOW-UP SUPPORT TO THE LAW SOCIETY OF ZIMBABWE (LSZ),WHICH HE SAID CAN PLAY A CRUCIAL ROLE IN SUPPORTING JUDICIAL INDEPENDENCE. THE LSZ, HE SAID, HAD ALREADY PROVEN TO BE AN IMPORTANT AND COURAGEOUS VOICE IN THE FACE OF THE GOZ'S ATTACKS ON THE JUDICIARY. THEY WERE, HE SAID, "EXCEEDINGLY IMPRESSED" WITH THE LSZ LEADERSHIP, MENTIONING PRESIDENT STERNFORD MOYO BY NAME. COMMENT -------------- ¶11. (C) THE IBA VISIT HAS PROVIDED A WELCOME BOOST TO THE SPIRITS OF THOSE IN THE LEGAL COMMUNITY WHO HAVE BORNE THE BRUNT OF THE GOVERNMENT'S OFFENSIVE AGAINST THE JUDICIARY. AFTER MEETING WITH VIRTUALLY ALL THE KEY PLAYERS INSIDE AND OUTSIDE GOVERNMENT, WE BELIEVE THE DELEGATION DEPARTED WITH A VERY GOOD UNDERSTANDING OF RECENT DEVELOPMENTS AND THE POLITICAL CONTEXT, AND WE WILL BE INTERESTED TO SEE THEIR WRITTEN REPORT. THE GOVERNMENT-CONTROLLED PRESS -- WHICH CONFIDENTIAL PAGE 03 HARARE 01055 03 OF 03 191537Z DEVOTED EXTENSIVE COVERAGE TO THE VISIT -- TRIED TO MINIMIZE THE FALLOUT FROM WHAT THEY EXPECT TO BE A CRITICAL REPORT, (ERRONEOUSLY) CHASTISING THE DELEGATION FOR CONDUCTING A "STAGE-MANAGED," ONE-SIDED ASSESSMENT. WE WERE PLEASED TO HEAR THAT THE IBA PLANS TO FOLLOW UP ITS VISIT BY PROVIDING SUPPORT TO THE LSZ AND PERHAPS OTHER KEY CIVIL SOCIETY ORGANIZATIONS. THE PROVISION OF SUCH ASSISTANCE AND THE FOSTERING OF CLOSE CONNECTIONS TO INFLUENTIAL INTERNATIONAL ORGANIZATIONS ARE CRUCIAL STEPS IN BOLSTERING NON-PARTISAN GROUPS SUCH AS THE LSZ IN THEIR STRUGGLE TO PROTECT DEMOCRATIC INSTITUTIONS. ¶12. (C) THE FACT THAT MUGABE SPENT THREE-AND-A-HALF HOURS WITH THE DELEGATION IN A GENUINE GIVE-AND-TAKE REVEALS, AT THE VERY LEAST, A WILLINGNESS TO ENGAGE WITH ELEMENTS OF THE INTERNATIONAL COMMUNITY HE BELIEVES ARE INFLUENTIAL. THAT SAID, WE ARE NOT AWARE THAT HE MADE ANY COMMITMENTS TO HALT THE GOZ'S CAMPAIGN AGAINST THE JUDICIARY AND, AS ALWAYS, WE SHOULD JUDGE HIS GOVERNMENT BY ITS ACTIONS. IRVING CONFIDENTIAL >