ZIMBABWE PARLIAMENT POSTPONES PASSAGE OF

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 003813 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER LONDON FOR CHARLES GURNEY PARIS FOR CHARLES NEARY NAIROBI FOR TERRY PFLAUMER E.O. 12958: DECL: 12/21/11 TAGS: PGOV PHUM ZI SUBJECT: ZIMBABWE PARLIAMENT POSTPONES PASSAGE OF REPRESSIVE LEGISLATION REF: HARARE 3690 CLASSIFIED BY POLITICAL OFFICER TODD FAULK FOR REASONS: 1.5 (B) AND (D). ¶1. (C) SUMMARY: ON DECEMBER 20, THE ZIMBABWE PARLIAMENT ADJOURNED FOR THE HOLIDAYS WITHOUT PASSING KEY LEGISLATION DESIGNED TO TILT THE ELECTORAL PLAYING FIELD IN FAVOR OF THE RULING PARTY. THE GENERAL LAWS AMENDMENT BILL, WHICH INCLUDES SUBSTANTIAL AMENDMENTS TO THE ELECTORAL ACT, THE PUBLIC ORDER AND SECURITY BILL, AND THE ACCESS TO INFORMATION BILL, HAD BEEN HELD UP IN THE PARLIAMENTARY LEGAL COMMITTEE (PLC). EDDISON ZVOBGO, THE ZANU-PF MP WHO CHAIRS THE PLC, TOLD AMBASSADOR SULLIVAN DECEMBER 20 THAT THE PENDING LEGISLATION HAS SERIOUS CONSTITUTIONAL FLAWS, AND ADVERSE REPORTS WOULD LIKELY BE ISSUED. AN ADVERSE REPORT ON THE LABOR RELATIONS AMENDMENT BILL, WHICH WOULD PLACE MAJOR RESTRICTIONS ON LABOR STRIKES, IS ALREADY DUE TO BE TABLED. PARLIAMENT WILL RECONVENE ON JANUARY 8 TO TAKE UP THE LEGISLATION AGAIN. ZANU-PF'S LEGAL STRATEGY TO HEM IN THE OPPOSITION BEFORE THE PRESIDENTIAL ELECTION HAS HIT A SNAG IN THE PERSON OF EDDISON ZVOBGO, ONE OF MUGABE'S MOST RECALCITRANT CRITICS. END SUMMARY. -------------- DRACONIAN LEGISLATION DEFERRED -------------- ¶2. (C) PARLIAMENT ADJOURNED DECEMBER 20 WITHOUT PASSING CONFIDENTIAL PAGE 03 HARARE 03813 01 OF 03 211114Z THE DRACONIAN PUBLIC ORDER AND SECURITY BILL (POSB),THE GENERAL LAWS AMENDMENT BILL (WITH ITS ELECTORAL ACT AMENDMENTS),OR THE ACCESS TO INFORMATION BILL, ACCORDING TO TSITSI TAWAMBA, WHO HEADS THE PAPERS OFFICE IN PARLIAMENT. DESPITE ATTEMPTS BY ZANU-PF TO BULLDOZE THE BILLS THROUGH THE HOUSE OF ASSEMBLY BEFORE THE CHRISTMAS HOLIDAY, THE RULING PARTY RAN OUT OF TIME, AND THEY WERE DEFERRED UNTIL PARLIAMENT RECONVENES ON JANUARY 8. PART OF THE HOLD UP WAS DUE TO LATE-NIGHT FLOOR DEBATE FROM THE OPPOSITION ON THE ELECTORAL ACT AMENDMENTS DURING THE DECEMBER 18 AND 19 SESSIONS. MINISTER OF JUSTICE PATRICK CHINAMASA AND MDC LEGAL AFFAIRS SECRETARY DAVID COLTART PUT TO THE FLOOR ADDITIONAL AMENDMENTS ON DECEMBER 19 DESIGNED TO AMELIORATE THE OPPOSITION'S CONCERNS. -------------- SOME GOOD, SOME BAD IN ELECTORAL AMENDMENTS -------------- ¶3. (C) SURPRISINGLY, CHINAMASA'S PROPOSED CHANGES WOULD GIVE MORE POWER TO THE RELATIVELY TOOTHLESS ELECTORAL SUPERVISORY COMMISSION (ESC). THE MAIN CHANGES WOULD: -- GIVE THE ESC THE AUTHORITY TO ACCREDIT MONITORS, IN ADDITION TO ITS CURRENT POWER TO APPOINT AND DEPLOY THEM -- GIVE THE ESC THE AUTHORITY TO APPOINT THE OBSERVERS' ACCREDITATION COMMITTEE, A POWER CURRENTLY ENJOYED BY THE GOVERNMENT-BACKING REGISTRAR-GENERAL. THE COMMITTEE WOULD ACCREDIT INTERNATIONAL OBSERVERS INVITED TO CONFIDENTIAL PAGE 04 HARARE 03813 01 OF 03 211114Z ZIMBABWE BY THE FOREIGN MINISTER. -- ALLOW UP TO THREE INTERNATIONAL OBSERVERS TO ENTER OR REMAIN IN ANY POLLING STATION AND BE PRESENT FOR THE COUNTING OF VOTES AT A COUNTING CENTER ¶4. (C) HOWEVER, CHINAMASA'S AMENDMENTS EXPAND ON, RATHER THAN REPEAL, THE PROOF OF RESIDENCY REQUIREMENTS FOR NEW VOTER REGISTRANTS. THEY ESSENTIALLY WOULD CODIFY THE HIGH COURT'S RECENT RULING PROVIDING FOR GREATER FLEXIBILITY IN THE TYPES OF DOCUMENTS NEW REGISTRANTS WOULD BE REQUIRED TO PRESENT. AMONG THE DOCUMENTS ALLOWED WOULD BE: 1) ELECTRICITY OR WATER BILLS, 2) LETTER FROM A LANDLORD, 3) SWORN STATEMENT FROM AN EMPLOYER, 4) A POST-MARKED ENVELOPE BEARING THE REGISTRANT'S ADDRESS, OR 5) A VERBAL OR WRITTEN STATEMENT FROM THE LOCAL CHIEF OR HEADMAN. ¶5. (C) DESPITE A FEW POSITIVE CHANGED PROPOSED BY CHINAMASA, THE GENERAL LAWS AMENDMENT ACT, WHICH AMONG MINOR REVISIONS TO MORE THAN THREE DOZEN OTHER LAWS, SUBSTANTIALLY AMENDS THE ELECTORAL ACT TO DO THE FOLLOWING: -- CLARIFY THE ROLES OF THE MYRIAD GOZ BODIES THAT CONFIDENTIAL CONFIDENTIAL PTQ4316 PAGE 01 HARARE 03813 02 OF 03 211114Z ACTION AF-00 INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 INL-00 DODE-00 SRPP-00 DS-00 EB-00 EUR-00 VC-00 H-01 TEDE-00 INR-00 IO-00 LAB-01 L-00 VCE-00 AC-01 NSAE-00 OIC-02 OMB-01 OPIC-01 PA-00 PC-01 PM-00 PRS-00 ACE-00 P-00 SP-00 IRM-00 SSO-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 PRM-00 DRL-02 G-00 NFAT-00 SAS-00 SWCI-00 /010W -------------- 4EE6CE 211115Z /38 O 211013Z DEC 01 FM AMEMBASSY HARARE TO SECSTATE WASHDC IMMEDIATE 0605 INFO NSC WASHDC IMMEDIATE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY AMEMBASSY NAIROBI C O N F I D E N T I A L SECTION 02 OF 03 HARARE 003813 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER LONDON FOR CHARLES GURNEY PARIS FOR CHARLES NEARY NAIROBI FOR TERRY PFLAUMER E.O. 12958: DECL: 12/21/11 TAGS: PGOV PHUM ZI SUBJECT: ZIMBABWE PARLIAMENT POSTPONES PASSAGE OF REPRESSIVE LEGISLATION CONFIDENTIAL PAGE 02 HARARE 03813 02 OF 03 211114Z OVERSEE AND RUN ELECTIONS -- DEFINE THE PROCEDURES AND CODES OF CONDUCT GOVERNING DOMESTIC ELECTION MONITORS AND INTERNATIONAL OBSERVERS -- RESTRICT VOTER EDUCATION TO THE ESC OR TO ORGANIZATIONS THAT IT APPOINTS AND REGISTERS, -- GIVE THE REGISTRAR-GENERAL GREATER POWERS TO AMEND THE VOTERS' ROLL -- REPEAL THE SECTION PERMITTING ABSENTEE BALLOTS EXCEPT FOR MEMBERS OF THE DIPLOMATIC CORPS AND ILITARY -- RESTRICT THE PLACEMENT OF POLITICAL OSTERS. -------------- ZVBGO HOLDS UP BILLS IN COMMITTEE -------------- ¶6. (C) ZANU-PF MP FOR MASVING SOUTH AND CHAIR OF THE PARLIAMENTARY LEGAL COMMTTEE (PLC) TOLD AMBASSADOR SULLIVAN AND POLOFF DCEMBER 20 THAT THE POSB, ELECTORAL ACT AMENDMENT AND ACCESS TO INFORMATION BILL HAVE SERIOUS CONSITUTIONAL FLAWS. THE POSB, IN PARTICULAR, WOULDCLEARLY VIOLATE THE CONSTITUTION OF ZIMBABWE. HIS COMMITTEE, WHICH REVIEWS EVERY PIECE OF LEGISLATON FOR ITS CONSTITUTIONALITY, IS LIKELY TO ISSUE ADVERSE REPORTS ON EACH OF THEM. HOWEVER, ZVOBGO SAID THE PLC HAS NOT HAD ENOUGH TIME TO GIVE THE BILLS THE CAREFUL REVIEW THEY REQUIRE. HE TOLD THE AMBASSADOR HE WAS GOING TO INSIST THAT THE PLC BE GIVEN THE FULL 18 DAYS CONFIDENTIAL PAGE 03 HARARE 03813 02 OF 03 211114Z IT NORMALLY HAS TO CONSIDER LEGISLATION. (NOTE: THE ADJOURNMENT OF PARLIAMENT TO JANUARY 8 WOULD GIVE THE PLC 19 DAYS, INCLUDING HOLIDAYS. END NOTE.) ACCORDING TO TAWAMBA, THE PLC HAS ISSUED A ADVERSE REPORT ON THE LABOR RELATIONS AMENDMENTBILL, WHICH WOULD ALLOW THE GOZ TO BAN NEARLY AL TYPES OF LABOR ACTIONS, BUT THAT THE REPORT WASNOT TABLED BEFORE PARLIAMENT. -------------- THE SPEAKER SOUNDS OUT ON BILLS -------------- ¶7. (C) SPEAKER O PARLIAMENT EMMERSON MNANGAGWA TOLD THE AMBASSADR DECEMBER 21 THAT THE ZANU-PF CAUCUS HAD NOT GOE ALONG WITH AN ALTERATION IN ELECTORAL AMENDMENS TO PERMIT NGO ELECTION MONITORS ALONGSIDE PUBLI SERVANTS (REFTEL). HE CLAIMED THAT THE MDC IN HE END ACCEPTED THIS FORMULATION. MNANGAGWA SAID HAT NONE OF THE DELAYED PIECES OF LEGISLATION WOLD BE APPROVED DURING THE PARLIAMENTARY ADJOURNMNT. HE INDICATED, AS WELL, THAT HE HOPED THAT TH SO-CALLED "ACCESS TO INFORMATION" BILL WOULD NEER BE PASSED AND VOICED HIS DISDAIN FOR INFORMATON MINISTER JONATHAN MOYO. MNANGAGWA ALSO PROMIED TO EXPLORE ADDITIONAL AREAS OF CONCERN EXPRESED BY THE AMBASSADOR: POLITICAL VIOLENCE AND INTIIDATION, THE "ILLOGICAL" PROHIBITION OF FOREIGN UNDING OF NGO VOTER EDUCATION, AND THE POSSIBILIY OF FINDING A CONSENSUS CANDIDATE WITH THE MDC OR THE SPEAKER'S NOMINEES TO THE ELECTORAL SUPERISORY COMMISSION. CONFIDENTIAL PAGE 04 HARARE 03813 02 OF 03 211114Z -------------- COMMENT -------------- ¶8. (C) ZVOBGO, WHO HAS BEEN ONE OF MUGABE'S MOST RECALCITRANT CRITICS IN THE LAST YEAR, IS DOING WAT HE CAN TO SLOW DOWN THE RULING PARTY'S PASSAG OF REPRESSIVE LEGISLATION. THE FACT THAT PARLIMENT ADJOURNED FOR THE HOLIDAYS WITHOUT PASSING TE BILLS IS TESTAMENT TO ZVOBGO'S LINGERING INFLUNCE IN PARLIAMENT, AND SHOWS THAT ZANU-PF WAS UNBLE TO BULLDOZE LEGISLATION PAST THE OPPOSITION S WAS DONE EARLIER THIS YEAR. HOWEVER, THIS TEMORARY SNAG IN MUGABE'S ELECTORAL STRATEGY IS LIKEY TO BE OVERCOME WHEN PARLIAMENT RECONVENES NEXTMONTH SINCE ADVERSE REPORTS HAVE BEEN IGNORED INTHE PAST. WITH THE PRESIDENTIAL ELECTION LESS TAN THREE MONTHS AWAY, THE RULING PARTY IS NOT LIKELY TO ALLOW CONSTITUTIONAL ISSUES STAND IN ITS WAY. ON THE OTHER HAND, THE SPEAKER, AND TO A LESSER EXTENT ZANU-PF, APPEAR MORE INTERESTED THAN PREVIOUSLY IN DEMONSTRATING SOME FLEXIBILITY TOWARD INTERNATIONAL, OPPOSITION, AND CIVIL SOCIETY CONCERNS. END COMMENT. CONFIDENTIAL CONFIDENTIAL PTQ4317 PAGE 01 HARARE 03813 03 OF 03 211115Z ACTION AF-00 INFO LOG-00 NP-00 AID-00 AMAD-00 CIAE-00 INL-00 DODE-00 SRPP-00 DS-00 EB-00 EUR-00 VC-00 H-01 TEDE-00 INR-00 IO-00 LAB-01 L-00 VCE-00 AC-01 NSAE-00 OIC-02 OMB-01 OPIC-01 PA-00 PC-01 PM-00 PRS-00 ACE-00 P-00 SP-00 IRM-00 SSO-00 STR-00 TRSE-00 USIE-00 PMB-00 DSCC-00 PRM-00 DRL-02 G-00 NFAT-00 SAS-00 SWCI-00 /010W -------------- 4EE6CF 211115Z /38 O 211013Z DEC 01 FM AMEMBASSY HARARE TO SECSTATE WASHDC IMMEDIATE 0606 INFO NSC WASHDC IMMEDIATE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY AMEMBASSY NAIROBI C O N F I D E N T I A L SECTION 03 OF 03 HARARE 003813 SIPDIS NSC FOR SENIOR AFRICA DIRECTOR JENDAYI FRAZER LONDON FOR CHARLES GURNEY PARIS FOR CHARLES NEARY NAIROBI FOR TERRY PFLAUMER E.O. 12958: DECL: 12/21/11 TAGS: PGOV PHUM ZI SUBJECT: ZIMBABWE PARLIAMENT POSTPONES PASSAGE OF REPRESSIVE LEGISLATION CONFIDENTIAL PAGE 02 HARARE 03813 03 OF 03 211115Z SULLIVAN CONFIDENTIAL >