economic crisis
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AFGHANISTAN: ‘Lack of dialogue and punishing sanctions are undermining the promotion of human rights’
CIVICUS speaks about the humanitarian crisis in Afghanistan with Hadiya Afzal, programme coordinator of Unfreeze Afghanistan.. Unfreeze Afghanistan is a women-led civil society organisation (CSO) formed by women from Afghanistan and the USA. It advocates for the release of Afghan assets frozen following the Taliban takeover to enable the state to pay salaries owed to public sector workers, including teachers and doctors, and tackle the ongoing humanitarian crisis.Why is civil society calling for the release of frozen assets of the Afghan state?
When over US$9 billion of Afghanistan’s Central Bank reserves were frozen in August 2021, it had a devastating impact on the economy. Central Bank assets are the people’s money, used to hold currency auctions in the country, safeguard against inflation and control price stability. Afghanistan needs its Central Bank reserves back to stabilise its economy and perform centralised banking functions again.
The assets frozen also included private monies, that is, accounts held by private individuals, companies and CSOs. People were unable to withdraw their own money from banks for months, with many still unable to do so due to lack of cash. Many Afghans sold off anything they owned to afford essential goods, the prices of which skyrocketed.
Over the past year, leading CSOs, humanitarian organisations and more than 70 economists, including Nobel Laureate Joseph Stiglitz, have advocated through meetings, protests, letters and media appearances for the return of Afghanistan’s money to get its economy back on its feet, independently of whatever global aid funding is provided. United Nations (UN) experts have also called for the USA to unblock Afghanistan’s frozen assets to ease the humanitarian situation.
What kind of safeguards should be put in place if the frozen assets are returned?
The USA has signalled that funds could be returned to Da Afghanistan Bank (DAB), the country’s central bank, as long as three conditions are met: the establishment of independent monitoring mechanisms, the implementation of credible anti-money laundering regulations and controls to combat the financing of terrorism and DAB’s insulation from political interference – which meant replacing its top leadership, in the hands of Taliban officials, one of whom is under US and UN sanctions, with professionals.
DAB has already agreed on independent monitoring conditions, and experts have set out how pre-existing independent monitoring and electronic auditing could be restored. US claims that the new Afghan government lacks expertise and that capacity building is needed for the state to be able to perform central bank functions could be addressed by assistance from the international community. The law that outlines DAB’s function as a technocratic institution charged with responsibilities such as currency auctions and oversight of banks is still in place. DAB continues to have the same audit oversight committee, with the same members it had under the previous government. And the chair of the audit committee has been an outspoken advocate for the return of DAB’s reserves.
The Afghan government should ensure that the DAB law remains in place and that the institution will function separate from political considerations. Advocacy experts highlighted that the USA does not apply audit conditions as strictly to other countries as it does to Afghanistan. It does not seize their foreign assets due to limited monitoring capabilities.
What else should the international community do to contribute to improving the humanitarian situation in Afghanistan?
The international community should focus on supporting a strong, independent Afghan economy that can run on its own, the first step in which should be to return the full assets of the Afghan people to its central bank.
Another measure the international community can take is to provide global aid raised by the UN and other international bodies. Human Rights Watch alerted that without sustained humanitarian aid donations, Afghanistan’s upcoming winter could be even worse than the last one.
Last year, UN emergency funding staved off experts’ worst fears of a devastating winter, but the people of Afghanistan cannot continue to depend on global kindness after a year marked by war, the pandemic and rising inflation. Afghanistan’s assets must be returned to its central bank to bring stability to the lives of ordinary Afghans, and the international community should invest in the infrastructure necessary to ensure its success.
What alternative measures, other than financial sanctions, can the international community implement to promote human rights, and specifically women’s rights, and support civil society in Afghanistan?
Sanctions have had a devastating impact on Afghanistan, and the resulting humanitarian crisis has disproportionately affected the average Afghan. The Center for Economic and Policy Research stated that financial sanctions on Afghanistan amount to a form of ‘collective punishment’ of the Afghan people for the actions of a government they did not choose.
The sanctions are not helping. In the words of Jamila Afghani, founder and president of the Afghan chapter of the Women’s International League for Peace and Freedom, ‘we are not supporting Afghan women by starving them’.
In fact, sanctions are only making things worse. The cultural practice of forced marriages and what effectively amounts to the sale of girls is reinforced by socio-economic factors. Even under the previous government more than 70 per cent of marriages were forced. These are expected to increase as a result of the humanitarian crisis.
Meanwhile, Islamic scholars such as Daisy Khan have highlighted Quranic evidence supporting women’s independence, education and liberation. The promotion of human rights and specifically women’s rights is best fostered in a stable economic environment with sustained international diplomacy and interfaith dialogue.
Lack of dialogue between the international community and the government of the Islamic Emirate of Afghanistan compounded by punishing sanctions is undermining the promotion of human rights. Human rights can only be promoted through constructive dialogue while addressing the drivers of wellbeing – rebuilding financial stability, economic independence and global cooperation.
Civic space in Afghanistan is rated ‘repressed’ by the CIVICUS Monitor.
Get in touch with Unfreeze Afghanistan through its website or Facebook page, and follow @UnfreezeAfghan on Twitter.
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ARGENTINA: ‘The state is abandoning its role as guarantor of access to rights’
CIVICUS discusses the deterioration of civic space and human rights under Argentina’s current government with Vanina Escales and Manuel Tufró of the Centre for Legal and Social Studies (CELS). Founded under dictatorship in 1979, CELS promotes the protection and effective exercise of human rights, justice and social inclusion, nationally and internationally.Since its inauguration in December 2023, thegovernment of Javier Milei, a self-proclaimed ‘anarcho-capitalist’ who allied with culturally conservative groups, has promoted policies of economic deregulation, the reduction of the state and social spending cuts, resulting in increased unemployment and poverty. It has adopted a restrictive and repressive approach towards protests against these policies, denigrating journalism and anyone who expresses critical opinions. In the face of these restrictions on civic space and human rights, civil society is seeking international visibility and solidarity and pursuing strategic litigation.
How would you describe Milei´s government?
This is the first libertarian -- or anarcho-capitalist, as Milei describes it – government we’ve had in Argentina. Its rise is part of an international trend towards the erosion of democracies as a result of policies of market extremism and the advance of the far right. Like other expressions of the far right in Europe or the USA, it is characterised by brutalism and a recourse to authoritarianism to deal with social conflict. At times it also shows features such as historical denialism and regressive values about gender roles and the rights of sexual, gender and racial minorities. But it also has some peculiar aspects: unlike its counterparts in the global north, its xenophobic nationalism hasn’t targeted immigrants but Indigenous peoples instead.
In the economic sphere, the libertarian agenda has manifested itself in the liberalisation of prices, leading to high levels of inflation and thus to a brutal transfer of income from the middle and poorer classes to the richest.
As far as social policy is concerned, the government has tended to leave in place only policies of direct income transfers to individuals, meagre subsidies or social aid such as the Universal Child Allowance, which alone cannot mitigate the effects of the recession or counteract the impacts of the withdrawal of the state. This withdrawal can be seen in the lack of food and medical supplies and the closure of and disinvestment from community spaces and social policies. The state has withdrawn from its role as guarantor of access to basic services.
The stated aim is to weaken controls on businesses, particularly foreign ones, in order to attract investment. Deregulation has a direct impact on the environment, as it ignores the rights of Indigenous peoples and peasant communities over the territories where companies want to set up. Companies receive privileges while the country is deprived of its natural resources.
Some reforms were imposed by decree and others by an omnibus bill called the Basic Law, which was passed by Congress after much debate and amendment.
How is the government reconciling libertarianism with cultural conservatism?
There is a tension within the government between neo-liberalists who promote market deregulation, economic liberalisation and changes in labour policies, and the equally authoritarian but conservative voices that defend the last military dictatorship, state terrorism and state violence, and attack emancipatory movements such as feminism and its egalitarian gains.
On this terrain, the government is fighting a cultural as well as a material battle. Verbal attacks go hand in hand with the dismantling of gender policies. For example, the government dissolved the Ministry of Women, Gender and Diversity and then dismantled all policies against gender violence. Officials have also spoken out strongly against abortion and sexual and reproductive rights in general.
As part of the dismantling of state structures, programmes aimed at preventing teenage pregnancy and care, health and early childhood policies are being dismantled. Our monitoring of care policies has shown that only seven out of 43 are still in force. The state is abandoning its role as mediator and guarantor of access to rights.
In addition, at the international level, the government is challenging commitments made by the state through international treaties, which in Argentina have constitutional priority, enshrined in legislation. At the recent General Assembly of the Organisation of American States (OAS), for example, the government demanded that any mention of climate change, gender and LGBTQI+ people be removed from the final documents. We believe that the OAS, the United Nations and their human rights mechanisms should closely monitor the Argentine government’s actions.
How have these processes affected civic space?
The quality of civic space has been severely compromised. Protests are now treated as crimes. These basic practices in any democracy are presented as, at best, obstacles to traffic and, at worst, seditious activities aimed at overthrowing the government.
This is reflected in blatantly unconstitutional norms such as Resolution 943/2023 of the Ministry of Security, known as the ‘anti-picketing protocol’, which states that any assembly that disrupts traffic in cities or on roads is a flagrant crime and authorises direct police intervention, without the need for a court order, to disperse it and investigate protesters.
This resolution authorises the deployment of large numbers of security forces at every protest, often using abusive and indiscriminate ‘less lethal’ weapons such as rubber bullets and teargas, as well as physical violence and arbitrary arrests. We have documented at least 80 such arrests in recent months. Protesters have been released because the government has no evidence to prosecute them. But as a result of these tactics, many demonstrations are broken up or do not take place at all.
In the past six months, at least 47 journalists have been injured in protests. Many more have been harassed on social media and criminally prosecuted for anti-government statements.
The government has dismantled the public media to the point where we have no way of knowing what is happening in different parts of the country, unless something comes to the attention of private media and international correspondents and they decide to cover it. In Argentina today, the right to generate information and be informed by a plurality of voices is being violated.
How is civil society organising to resist these restrictions?
Civil society organisations have filed several precautionary measures ahead of protests to protect the right to peaceful assembly. But the judiciary has not accepted them, arguing that there is no a priori risk, but rather that it is necessary to assess how a demonstration unfolds. The judiciary also has a very weak role in controlling arbitrary arrests and assessing excessive police violence.
Since the judicial route is not bearing fruit, it’s time to resort to international mechanisms for the protection of human rights, something CELS has done many times throughout its history, since it was born under the dictatorship. We are working to provide information on the human rights violations taking place in Argentina.
On 11 July we took part in a hearing before the Inter-American Commission on Human Rights. The state was present, but only reaffirmed its position in favour of the criminalisation of social protest, justifying it as a mechanism to deal with sedition and attempts at destabilisation. The government was evasive and did not answer questions such as what protocols were in place to control the use of less lethal weapons, or why a regulation to control police action in public demonstrations had been repealed.
We are also compiling a register of physical and digital attacks from non-state sources, particularly from parts of the radicalised right. Thanks to our work with the political research team at Crisis magazine, we have already registered around 280 cases of offline harassment on the Radar portal, and we are beginning to register online attacks, including the leaking of personal data that could lead to physical attacks.
Today, more than ever, it is necessary to organise in national and international networks to carry out information and denunciation campaigns with a collective voice. If we wait for the total destruction of rights to raise our voices, it will be too late.
Civic space in Argentina is rated as ‘narrowed’ by theCIVICUS Monitor.
Get in touch with CELS through itswebsite or itsFacebook andInstagram pages, and follow@CELS_Argentina and@vaninaescales on Twitter.
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Food crisis promises a global wave of unrest
By Andrew Firmin, Editor-In-Chief at CIVICUS
For the past couple of weeks, mass protests have brought the South American nation of Ecuador to a standstill. Soaring food and fuel prices have pushed many to the edge. With indigenous groups at their head, tens of thousands have taken to the streets in protest, blocking roads; at one point almost cutting off access to the capital Quito. Violence has flared among security forces and protesters alike.
Read on Thomson Reuters Foundation
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INDONESIA: ‘Communities have the right to have their opinions heard and considered’
CIVICUS speaks about the recent protests triggered by rising fuel prices in Indonesia with Kahar S Cahyono, vice president of communications of Konfederasi Serikat Pekerja Indonesia (KSPI), a trade union organisation that promotes social justice and the welfare of workers.What triggered recent protests in Indonesia?
Workers’ protests were triggered by several government policies deemed to be detrimental for workers. The most recent was the increase in fuel prices, which lead to the increase of prices of basic necessities.
Previously, to determine the minimum wage for 2022, the government had used the regulations of a very problematic law, the Omnibus Law on Job Creation. As a result, the wage increase was at the minimum level. For workers in many areas there was no increase at all. The national average wage rise was roughly one per cent, while the inflation rate in September 2022 reached almost six per cent. In other words, wage increases could not accommodate the sudden increase of prices. The situation worsened due to the increase in fuel prices.
In this context, the government announced it would continue to use the same mechanism provided by the Omnibus Law on Job Creation to calculate the wage increase for 2023. On top of that, the government recognised that in 2023 there will be a global recession. When this happens, workers will likely be the main victims, not least because there will be massive layoffs.
In sum, the purchasing power of workers’ salaries, which already declined because the wage increase has been lower than inflation, will plunge further due to the fuel price rise. The situation will worsen even more because next year’s wage increase will also be the minimum, and will also likely be overcome by inflation. On top of all this, workers will also be haunted by the fear of losing their jobs due to a global recession.
What are your demands, and what tactics are you employing to put them forward?
KSPI has made four demands: cancellation of the increase in the fuel price, repeal of the Omnibus Law on Job Creation, a 13 per cent increase in the minimum wage for 2023 and measures to avoid job losses in a context of global recession.
On top of these four, KSPI has conveyed two additional demands: the implementation of agrarian reform and the adoption of the draft Law on the Protection of Domestic Workers.
Agrarian reform is important to achieve food sovereignty. If Indonesia is able to satisfy its food demand without depending on imported goods, it could avoid the worst impacts of a global recession. The draft Law on the Protection of Domestic Workers is key because domestic workers are typically employed in the informal sector and lack any protection.
KSPI employs a ‘CLAP’ strategy, which stands for concept, lobby, action and politics. Concept refers to developing thought and arguments regarding the issues, through discussion, seminars and other exchanges. Lobbying refers to conducting meetings with relevant officials to convey our position on each issue.
Action is conducted both through litigation – for example, we submitted a petition for judicial review to the Constitutional Court on the Law on Job Creation, as well as a petition to the Administrative Court on the determination of the minimum wage – and peaceful protest at both local and national levels – for instance, by demonstrating outside parliament or the office of the mayor or governor.
Finally, politics refers to campaigning so that people will not vote for a political party that supports measures that hurt workers, such as the Omnibus Law or the increase in fuel prices. This is in addition to establishing a political party representing workers, that is, the Labour Party as a tool for class struggle.
KSPI uses all these tactics jointly with organisations of farmers, fishers, young people, students, women, people living in urban poverty and academics.
Have protesters experienced any human rights violations?
Major human rights violations were recorded during theprotests against the Omnibus Law on Job Creation in 2020. An investigation byAmnesty International Indonesia documented at least 402 victims of police violence in 15 provinces and at least 6,658 individuals arrested in 21 provinces. People who protested online were also intimidated. Between 7 and 20 October 2020, at least 18 people in seven provinces were criminalised for allegedly violating the Information and Electronic Transactions Law.
As for workers, when KSPI urged a nationwide strike against the Omnibus Law, security force officers came to several factories, even entering production areas, to prevent workers joining the protest. Buses rented by workers to join the protest in Jakarta were suddenly cancelled for no reason, possibly as a result of intimidation or prohibition.
Rather than with repression, the government should respond to labour action by implementing mechanisms for meaningful participation, enacting the right of the community to have their opinions heard and considered and to receive reasoned responses to the opinions provided.
How did KSPI react to the football stadium disaster on 1 October?
More than 130 people died and more than 300 were injured on 1 October as a result of the violence that erupted at Kanjuruhan stadium in Malang during an Indonesian league soccer match when supporters from the losing team invaded the pitch and police fired teargas, provoking a stampede.
When this happened, we conveyed our deepest condolences to the victims’ families and to those who were injured. We also examined the facts and concluded there were procedural failures in handling the crowd, and condemned the unprofessional behaviour that led to the tragedy.
KSPI published a media release with a series of calls. First, we urged the head of Indonesian Police to strip the police head of Malang from his position due to his failure to police the incident adequately.
Second, we called for this case to be handled by the Indonesian Police Headquarters so that it is thoroughly investigated and those found responsible are punished through either criminal or administrative proceedings, according to laws and regulations.
Third, we urged the Football Association of Indonesia (PSSI) to suspend league matches until after the conclusion of the investigation of the tragedy. The PSSI should also ensure this won’t happen again by tightening its security protocol for football matches.
Fourth, we urged the public to raise the Indonesian flag at half-mast in their homes as a symbol to express condolences. And finally, we urged society to promote a healthier, more peaceful sports culture.
At KSPI we thought it was important for us to convey our position on this issue, not only because many football supporters are also workers, but also because we realise that the use of excessive force by the security forces is very easily directed against workers. Security forces also often use teargas to dissolve workers’ protests. We hope incidents such as this will not be repeated either inside or outside stadiums, in any mass protest attended by thousands of people.
Civic space in Indonesia is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with Konfederasi Serikat Pekerja Indonesia through itswebsite or itsFacebook andInstagrampages.
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LEBANON: ‘The humanitarian emergency is escalating as local communities struggle to support the displaced’
CIVICUS discusses the crisis in Lebanon with Zaher Sahloul, co-founder of MedGlobal, a US-based civil society organisation (CSO) that provides relief to victims of war, disaster and displacement, and supports excluded communities worldwide.
The humanitarian crisis in Lebanon has escalated significantly due to Israeli airstrikes, with the growing number of internally displaced people further straining an already fragile social services system. The health system is struggling to protect its facilities and staff in conflict zones, deal with trauma and provide essential services to displaced people. Alongside the domestic civil society response, an influx of external support, including from civil society, is proving essential to contain the crisis.
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SIERRA LEONE: ‘We advocate for a civic space where people can protest with no risks’
CIVICUS speaks about recent protests in Sierra Leone with Andrew Lavali, Executive Director of the Institute for Governance Reform, a civil society organisation (CSO) that advocates for good governance in Sierra Leone.What triggered the recent protests in Sierra Leone?
Sierra Leone has many underlying issues that have greatly contributed to the recent protests. First, political polarisation has grown tremendously since the change of power in 2018. Fights over limited public sector jobs have made politics a zero-sum game.
For the past 15 years we have seen this happen as groups in power try to appease their support bases by employing people from a certain region, who then risk losing their jobs when the government changes. To an extent, preaching hate and stoking polarisation have become a political strategy used by parties to either stay in power or propel themselves to leadership.
It appears the opposition party has not fully embraced the result of the 2018 election and it may have fuelled the protests, judging by the fact that these broke out only in areas where the opposition have a strong presence and not throughout the country. The fact that protests are focused in certain places makes one to think that they are not just about socio-economic issues but there are also underlying political issues.
At the same time, there are genuine concerns about economic hardship. COVID-19 restrictions and the Russian-Ukraine war have resulted in rising prices of essential commodities, especially for people living in urban areas. Socio-economic issues such as high youth unemployment and poor access to essential services are real problems. Protesters are demanding the president’s resignation due to the economic hardship they are experiencing.
How have the authorities responded?
During the protests both civilians and police officers were attacked, and some were killed, revealing an ongoing tension between citizens and the police. Evidence shows that the protests were in no way peaceful. They were leaderless and faceless. Some Sierra Leoneans living abroad used social media to call for protest. According to the police, they only heard about the protest on social media. They did not receive any official request from an identifiable person for police clearance.
As soon as the violence erupted and the situation became unsafe for those not protesting, the government imposed a curfew. There were also internet restrictions imposed because protesters were coordinating their actions via social media platforms. Security presence on the streets has increased since then. These measures helped to scale down the violence and improve safety and security.
The government also responded by making arrests. A leading youth activist in an opposition area was killed during a police raid. The response raised concerns about how police are trained to handle protests. The police have not sat down with interest groups to see how future protests can be organised. There are legitimate fears that given Sierra Leone’s recent history of violence, high youth unemployment and economic hardship, protests can easily get out of control and become very difficult to handle.
Do you think the response will deter people from protesting?
People will certainly be timid for a while, but I don’t think the police response will stop them mobilising in the long run. There are too many issues citizens want the government to address and if it fails to do so, protests will inevitably keep breaking out. Regardless of protests being instrumentalised for political purposes, there is a general situation of hardship that needs to be addressed. As civil society we will continue to monitor the situation and try to bring citizen voices into policy conversations.
Protest restriction has a long history in Sierra Leone. For the past 15 years police have failed to grant permission to protest. This strained relationship with the police has culminated in a case against the police being brought to the Supreme Court by civil society. Civil society is currently documenting the events that are taking place and will then get together to discuss the situation and try to find a way to advocate for more open civic space in which people can protest without risking their lives.
What assistance is needed from the international community?
We need the international community to help us promote democracy, the rule of law and effective governance. International allies should support open platforms for dialogue between the police and various interest groups on the rights and responsibilities of protesters and the role of the police in securing their rights. The international community could help CSOs create awareness and provide training so that the security forces will protect the rights of citizens to exercise their right to protest safely.
Civic space in Sierra Leone is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with the Institute for Government Reform through itswebsite or itsFacebook page, and follow@GovernanceFor on Twitter. -
Sri Lanka: Economic Meltdown Sparks Mass Protests
By Andrew Firmin, Editor-in-Chief at CIVICUS
Economic crisis has provoked a great wave of protests in Sri Lanka. People are demanding the resignation of the president, blamed for high-handed and unaccountable decision making, exemplified by his introduction of an agricultural fertiliser ban in 2021 that has resulted in a food crisis. People don’t just want the president’s removal: they want a change in the political balance of power so that future presidents are subjected to proper checks and balances. Hope comes from the wide-reaching and diverse protest movement that has put aside past differences to demand change. Recent weeks in Sri Lanka have seen anger and protests alongside struggles to secure the basics of life – but also hope that change is coming. An economic meltdown has brought normal life to a halt. People are living with lengthy power cuts, almost no access to fuel and soaring prices that have made essential foods unaffordable, forcing many to cut down on their daily meals.
Read on Inter Press Service News
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ZIMBABWE: ‘Election violence is a cover for ideological ambivalence and lack of substantive programmes’
CIVICUS speaks about the general election in Zimbabwe and the role of civil society with Wellington Mbofana, former director ofthe Civic Education Network Trust (CIVNET), a civil society organisation (CSO) that recently shut down due to lack of funding, and a former board member of several Zimbabwean CSOs.What was at stake in this election?
It’s difficult to pinpoint a single crucial issue that was at stake. Over a considerable period, Zimbabwean elections, much like those in other parts of Africa, have ceased to revolve around substantive issues and have instead become centred on political parties and personalities. This trend is evident in this election, in which major political parties failed to present their manifestos in a timely manner. The main opposition party, Citizens Coalition for Change (CCC), unveiled its programme merely two weeks prior to voting, while the ruling Zimbabwe African National Union-Patriotic Front (ZANU PF) didn’t even bother.
Given the crumbling state of the economy, reflected in record-breaking unemployment, pervasive economic informality, escalating poverty, the world’s second-highest inflation rate and a sense of hopelessness, economic strife remained the most prominent concern for voters. Ideally, the competition should have revolved around two or three contrasting strategies for addressing these economic woes. However, what we observed was a cloud of obfuscation. The ruling party advanced a narrative that conditions are improving and investors are flocking to the country, but progress would be even greater if it weren’t for sanctions imposed by Western states. The opposition pledged to outperform ZANU-PF across all fronts. But neither specified how they would fund their proposed initiatives.
To deal with Zimbabwe’s predicament effectively the government would need to confront a range of issues, including land reform and productivity, water shortages, electricity generation, infrastructure development and urbanisation and, most importantly, guarantee the required funding.
It should have been important to ensure the meaningfulness of this election because when elections fail, civil unrest and coups ensue, a truth that Africa has repeatedly witnessed.
Was there any election-related violence?
The prevalence of violence in all its manifestations – physical, structural and cultural – remains an unfortunate hallmark of Zimbabwean elections. Lives have been lost, injuries endured and property destroyed as a result.
It is also important to note that because of its fractured politics, the country is in a perpetual election mode. Over the past five years, we have had multiple recalls from parliament and local authorities, leading to by-elections. Instances of intra-party violence have also occurred during parliamentary and primary elections. The culture upholding the idea that wielding the strongest fist is the key to ascending to power must change. Violence is a cover for ideological ambivalence and lack of substantive programmes. Who needs a manifesto when you can use force?
What tactics did the government use to stifle dissent in the run-up to the election?
The ruling party stands accused of engaging in lawfare, a tactic that uses laws to constrain the opposition and human rights defenders. These efforts are facilitated by an allegedly captured judiciary. A prominent CCC legislator, Job Sikhala, along with other political activists and human rights defenders, languish in remand prisons on spurious allegations after being denied bail.
The government introduced controversial laws aimed at silencing dissent. The Private Voluntary Organisations Amendment Bill and the Criminal Law (Codification and Reform) Amendment Act, commonly called the Patriotic Bill, are clearly designed to deal with critics of the government.
The Patriotic Bill came into force on 14 July 2023. With this bill, the government created a new crime of ‘wilfully injuring the sovereignty and national interest of Zimbabwe’. The scope and definition of this offence is vague. There are valid concerns that law enforcement agencies will interpret the law broadly and use it to stifle and penalise the work of independent civil society.
Citizens and permanent residents of Zimbabwe will be found guilty if they participate in meetings aimed at discussing or plotting armed intervention in Zimbabwe, subverting or overthrowing its government and implementing or extending sanctions or trade boycotts against Zimbabwe. A meeting encompasses any form of communication involving two or more people, regardless of whether it takes place offline or online.
Participating in discussions about armed intervention can result in life imprisonment or the death penalty if the meeting involves planning such an intervention. Discussing subversion or overthrow of the government is punishable by up to 20 years in prison. Taking part in meetings discussing sanctions or trade boycotts can lead to a fine of up to US$12,000 or up to 10 years in prison, or both. Aggravated offences may lead to consequences such as the termination of citizenship for those who are not citizens by birth or descent, cancellation of residence permits for non-citizens and disqualification from voting or holding public office for five to 15 years.
In the hands of overzealous and partisan law enforcement agents, this punitive law is very dangerous. It seems to target not only the opposition and civil society but also factions within the fractured ruling party and the military. It likely seeks to prevent a recurrence of a military-assisted transition, which brought the current government to power in 2017. That coup was willingly accepted by powerful global players, including the African Union and the Southern African Development Community (SADC), which inadvertently endorsed the idea of military change of power.
How did Zimbabwean civil society engage with the electoral process?
Civil society was actively involved in electoral activities throughout the electoral cycle. CSOs play a pivotal role in providing voter education, observing elections, advocating for electoral reforms, safeguarding human rights and offering legal, medical and psycho-social assistance to victims of human rights violations.
Both local and international observers were generally allowed and accredited. However, there were isolated cases, such as the denial of accreditation to Musa Kika, allegedly due to security risks, while some local citizens encountered intimidation, harassment and threats from unidentified people after engaging with international observers.
But unfortunately, the last couple of years have been very difficult for Zimbabwean. Several CSOs have shut down. CIVNET, a major organisation providing civic education, closed its doors this year due to lack of funding.
The Zimbabwean economy is too fragile to support a strong civil society, which heavily relies on international donors and solidarity. Further international support should be rendered to all groups promoting development, good governance, human rights, justice and the rule of law. The international community should also amplify local voices and exert pressure on the Zimbabwean government to act in accordance with international human rights and democratic standards.
What did CIVNET work on?
CIVNET operated through three main programmes: the Citizen Participation Programme, including two projects on constitutionalism and voter education, the Leadership Development Programme and the Peace Building Programme.
The Citizen Participation Programme encouraged citizen engagement in governance and development, fostering collaboration between communities and local authorities through participatory workshops and development projects. The Constitution and Constitutionalism Project aimed to raise awareness about the significance of the new constitution and share information on how to use it to exercise human rights and honour obligations as citizens.
The Leadership Development Programme enhanced leadership skills of people engaged in community projects. Our graduates now lead various Zimbabwean CSOs and work in local authorities and parliament. CIVNET contributed to the formation and development of CSOs such as the Zimbabwe Election Support Network, the Zimbabwe Peace Project and the Media Monitoring Project of Zimbabwe. It was also a key member of the Zimbabwe Human Rights NGOs Forum.
The Peace Building Programme helped people and communities divided by conflict to reach out to each other and mend broken relations. This was done through creatively designed workshops that provided security and safety to both victims and perpetrators of violent conflicts. Mediators were also trained to address local disputes, resulting in transformed relationships and improved dialogue within previously divided communities.
To what extent could the election be called free and fair?
The concept of free and fair elections involves political freedoms and fair processes prior to elections, culminating in the casting of votes by well-informed eligible voters able to vote freely for candidates and parties of their choice. A transparent tally of all valid votes, accurate result announcements and universal acceptance of the election outcomes by all parties are integral components of this concept.
Past elections in Zimbabwe have been contested at courts and other institutions. For Zimbabwe to uphold its position within the international community, this election would have to gain universal recognition as credible, legitimate and conducted in a free and fair manner. It would be key to ensure the acceptance of its outcome and secure peace and stability to attract investors.
The 2023 election was disputed in the legal arena even before a single ballot was cast. This may be a harbinger of future developments. On 12 July, the Electoral Court disqualified a presidential candidate, Savior Kasukuwere, whose participation had been previously permitted by the Nomination Court. Then the High Court disqualified 12 CCC parliamentary candidates, ostensibly for late filings, although the Nomination Court had accepted their submissions. Both decisions favoured the ruling party. However, following an appeal, the Supreme Court overturned the High Court’s verdict on the 12 CCC candidates, leading to their reinstatement on the ballot. On 19 July the electoral court ruled in favour of a leader of the opposition United Zimbabwe Alliance party, Elizabeth Valerio, whose candidacy had been initially rejected by the Zimbabwe Electoral Commission (ZEC), also for alleged untimely filing.
Declaring the election to be free and fair would be unreasonable given the political environment characterised by violence, intimidation and voter suppression, non-transparent processes with the electoral roll and ballot paper printing, pre-voting by security personnel, biased media coverage, opposition rallies barred by the police, vote buying through handouts, influence from traditional and religious leaders on voters, misuse of government resources for party campaigns and indications that some parties will reject any outcome other than their own victory, implying that the ruling party wouldn’t have handed over power if it had lost. Indeed, SADC decided to abandon the term ‘free and fair’ regarding Zimbabwean elections, instead referring to them as ‘legitimate’.
What electoral reforms are needed?
Adherence to rule of law and impartial management of elections is essential. The ZEC should enforce the Electoral Code of Conduct, safeguarding the right for all to express their political views and campaign freely. It must also ensure fairness by curbing the misuse of state resources, preventing intimidation, harassment and destruction of campaign materials and improving voter education.
The police should fulfil their constitutional duties impartially, without bias, fear, or favour. Political parties should adhere to the Code of Conduct for Political Parties and Candidates. This entails refraining from violence, misuse of public resources for partisan ends, coercion and intimidation of the electorate and inciting violence through hate speech and derogatory language.
Were there any issues with people being prevented from voting, and what do you expect to happen next?
A high turnout was to be expected given the high stakes. The economy has done its own campaign, motivating people to participate. The ruling party also mobilised people, especially in rural areas, by any means necessary.
However, many voters might not have been able to locate their names on the register. The polling station-based system is such that people living in a specific neighbourhood can only vote at a certain polling station. In the 2018 election, a lot of people found their names had been removed from their usual stations without a change having been requested, while others who requested changes after moving to other districts saw those changes unimplemented. Following the election, many constituencies and councils had elected representatives recalled by political parties in power. Since there are no guarantees that this won’t happen again, some people may have been discouraged from voting.
Based on experience, disputes around results and their resolution by the courts are to be expected. Given that the judiciary is perceived to be captured and judges were given significant ‘housing loans’ before the election, judgements against the opposition are also rightly likely to be perceived as unfair.
Civic space in Zimbabwe is rated ‘repressed’ by theCIVICUS Monitor.
