Zimbabwe Foreign Policy Vis-a-Vis Constitution
November 1, 2017
Sharon Hofisi
Legal Letters
Herald
The best way to assert a nation’s sovereignty and to raise awareness on its national interests is by showing a nation’s foreign policy to the world. A simple reading of the Constitution of Zimbabwe, 2013, shows that the foreign policy is considered as part of Zimbabwe’s national objectives. The objectives are directive in nature and their purpose is shown in Section 8 of the Constitution.
They guide the State and all institutions and agencies of Government in formulating policy decisions that will lead to the: establishment, enhancement and promotion of a sustain- able, just, free and democratic society in which people enjoy prosperous, happy and fulfilling lives. It may not be possible to define every aspect above in this article, but the authority of the Constitution is supreme. All those who are in the realm of constitutional research can attest to the importance of the benefits of a democratic society that is envisaged above.
The objectives are important because they are used when interpreting the State’s obligations under the Constitution or any other law. Ideally, the Zimbabwean Constitution is a written document and documents are meant to be read. It shows how other countries can start on their political or economic engagements with Zimbabwe. They can use our Constitution as they would any other policy document: look at its preamble, national objectives, declaration of rights and interpretive sections.
The interpretive section, Section 332 of the Constitution for instance defines law to mean any provision of the Constitution or of an Act of Parliament; any provision of a statutory instrument; and any unwritten law in force in Zimbabwe, including customary law. The question “how do we engage with Zimbabwe?” is therefore constitutionally pitched. Foreign governments can also scrutinise all those laws before they engage with Zimbabwe. The Constitution becomes their starting point in crafting policies on their diplomatic or bilateral engagements with Zimbabwe. This also applies to regional bodies. They can also use the normative provisions in a Constitution to get an insight into a nation’s commitment to regional integration or stability.
For starters, foreign policy is usually formulated and implemented by State actors – usually the executive arm of the State. As such, the chief strategist in this regard is usually the head of State or Government, as the case may be. In the Zimbabwean case, the President is both the Head of State and Government and is doubtlessly a key figure in the formulation and implementation of foreign policy.
It is also important to look at the role that is played by the Ministry of Foreign Affairs and other advisers of Government and the President. They deal with the actual administrative and anticipatory aspects on foreign policy. That Zimbabwe is a tiny but significant part of the international system of states is cast in stone. But the past weeks saw the print media dealing with issues to do with commercial diplomacy. Added to this were reports on the need for Zimbabweans in South Africa to regularise their stay by having proper documentation.
This article is based on such media reports and focuses on the need for academia to monitor media reports and to develop tools in this regard. It provides an analysis on the foreign policy of Zimbabwe using the Constitution as the starting point. It shows that the Constitution sets a new trajectory on Zimbabwe’s foreign policy. The goal is to ensure that State actors benefit from the views on the importance of the constitutional framework as discussed below.
The national representation and global reach of the Constitution positions it well to stimulate diplomatic engagements and negotiations between Zimbabwe and the other countries of the global family. Further, the Constitution is the starting point on arguments between Zimbabwe’s sovereignty and responsibilities within the international system. The choice of the Constitution for the discussion on foreign policy is considered most appropriate, for in the Constitution the author sees not only the prospects of a normative theoretical approach to international engagement, but also the appeal to political realism.
In any valid critique on political engagements, the link between norms that protect tenets of democracy such as constitutionalism and theories that explain the real distribution of power in the international community such as realism must always be shown. As shown above, foreign policy is part of the national objectives that are found in Chapter 2 of the Constitution. Section 12 of the Constitution lists the principles upon which the foreign policy of Zimbabwe is based.
There are four mandatory principles which are listed in Section 12 (1) and include: promotion and protection of the national interests of Zimbabwe; respect for international law; peaceful co-existence with other nations; and the settlement of international disputes by peaceful means.
Firstly, national interests can be defined according to what a state considers to be the core values. Although this is debatable, the question that arises is “who defines national interests?” At a surface, the answer is to be found from the question, “who usually deals engages with the outside world?” We may be quick to say the Ministry of Foreign Affairs. Other ministries can also be considered but they may be dealing more with image or welfare management than foreign policy. The issues such as self-determination or sovereignty can be used.
Zimbabwe is a unitary, democratic and sovereign republic. Aspects of sovereignty such as non-interference cannot be ignored. Secondly, respect for international law is also important in foreign policy. Zimbabwe has ratified several Conventions. For instance, nations are currently working within the framework of the United Nations Refugee Convention and the African Union Convention to ensure that Rwandan refugees return to Rwanda.
Thirdly, peaceful co-existence with other nations has seen Zimbabwe working with other countries in activities such as “Operation Mahombekombe” in 2015. This operation was under the auspices of the SADC Special Forces. The area of operation was Kariba. A close examination of the media reports in this regard will show that Zimbabwe is committed to peaceful co-existence with other nations as a pillar of its foreign policy. Fourthly, Zimbabwe envisions a situation where international disputes are resolved by peaceful means. This is important because Zimbabwe has also benefited from peaceful means of dispute resolution such as mediation.
Mediation led to the establishment of the Government of National Unity in 2009. This Government gave birth to political negotiations which culminated in the adoption of the 2013 Constitution. Section 12 (2) of the Constitution makes it obligatory for the State called Zimbabwe, to promote regional and pan-African cultural, economic and political cooperation and integration. The State must also participate in international and regional organisations that stand for peace and the well-being and progress of the region, the continent and humanity.
From the above sections, it is clear that the idea of writing down the principles of foreign policy, of showing how a state interacts with the outside world, individual countries, international or regional organisations might seem the stuff of science fiction. But this is, in all earnestness, rooted in real politics. A quick glance in history shows that presidents play a significant role in the formulation and implementation of foreign policy. For instance, President Jimmy Carter once announced the United States’ intention to extend long denied formal recognition to the People’s Republic of China.
The historical example clearly shows that the leading factors that guide state actors are based on both the domestic and external factors that affect a state. The United States once had a protracted policy of non-recognition but had to be changed for some reasons. Other diplomatic conflicts that have been witnessed include Qatar and some of the Gulf States. A nation’s laid down foreign policy is important in showing the world what is negotiable or non-negotiable, and what activities are friendly or hostile towards it.
Sometimes what gets caught in the crossfire of miscalculated foreign policy is the ordinary citizen – franchised or not. For instance, some Zimbabweans who work in South Africa have been presented as defectors from the army on the one hand or have been linked to murders in farming communities on the other. The media reports become an important factor which must influence how foreign policy is formulated or implemented. Looking at the reports, one would never ignore the energy that the South African Police Minister would expend on protecting South African nationals. All this is, of course, a matter of fact. Readers of such reports can believe what seems right to them.
If the Constitution is actually the voice, soul and spirit of the citizen, as it is often said, then the citizen must participate in the formulation of policy. What matters in the end is not whether citizens are given feedback in through the Press, but how the Constitution should be used. There is evidence that most of the foreign policy approaches are taking a calculated account of the Constitution. Commercial diplomacy can work in the interests of Zimbabwe’s economy.
Peaceful diplomacy also works in the interests of Zimbabwe’s national security. When an impression was created that defectors from the Zimbabwean army are committing serious offences in South Africa, the role of State actors was shown through the pacific approach that was taken by Zimbabwe’s ambassador to that country. In this wake, the Constitution certainly becomes a living document. It is every citizen’s autography.
Sharon Hofisi is a lawyer and writes in his own capacity. He is contactable at sharonhofii@gmail.com <mailto:sharonhofii@gmail.com>
Sharon Hofisi
Legal Letters
Herald
The best way to assert a nation’s sovereignty and to raise awareness on its national interests is by showing a nation’s foreign policy to the world. A simple reading of the Constitution of Zimbabwe, 2013, shows that the foreign policy is considered as part of Zimbabwe’s national objectives. The objectives are directive in nature and their purpose is shown in Section 8 of the Constitution.
They guide the State and all institutions and agencies of Government in formulating policy decisions that will lead to the: establishment, enhancement and promotion of a sustain- able, just, free and democratic society in which people enjoy prosperous, happy and fulfilling lives. It may not be possible to define every aspect above in this article, but the authority of the Constitution is supreme. All those who are in the realm of constitutional research can attest to the importance of the benefits of a democratic society that is envisaged above.
The objectives are important because they are used when interpreting the State’s obligations under the Constitution or any other law. Ideally, the Zimbabwean Constitution is a written document and documents are meant to be read. It shows how other countries can start on their political or economic engagements with Zimbabwe. They can use our Constitution as they would any other policy document: look at its preamble, national objectives, declaration of rights and interpretive sections.
The interpretive section, Section 332 of the Constitution for instance defines law to mean any provision of the Constitution or of an Act of Parliament; any provision of a statutory instrument; and any unwritten law in force in Zimbabwe, including customary law. The question “how do we engage with Zimbabwe?” is therefore constitutionally pitched. Foreign governments can also scrutinise all those laws before they engage with Zimbabwe. The Constitution becomes their starting point in crafting policies on their diplomatic or bilateral engagements with Zimbabwe. This also applies to regional bodies. They can also use the normative provisions in a Constitution to get an insight into a nation’s commitment to regional integration or stability.
For starters, foreign policy is usually formulated and implemented by State actors – usually the executive arm of the State. As such, the chief strategist in this regard is usually the head of State or Government, as the case may be. In the Zimbabwean case, the President is both the Head of State and Government and is doubtlessly a key figure in the formulation and implementation of foreign policy.
It is also important to look at the role that is played by the Ministry of Foreign Affairs and other advisers of Government and the President. They deal with the actual administrative and anticipatory aspects on foreign policy. That Zimbabwe is a tiny but significant part of the international system of states is cast in stone. But the past weeks saw the print media dealing with issues to do with commercial diplomacy. Added to this were reports on the need for Zimbabweans in South Africa to regularise their stay by having proper documentation.
This article is based on such media reports and focuses on the need for academia to monitor media reports and to develop tools in this regard. It provides an analysis on the foreign policy of Zimbabwe using the Constitution as the starting point. It shows that the Constitution sets a new trajectory on Zimbabwe’s foreign policy. The goal is to ensure that State actors benefit from the views on the importance of the constitutional framework as discussed below.
The national representation and global reach of the Constitution positions it well to stimulate diplomatic engagements and negotiations between Zimbabwe and the other countries of the global family. Further, the Constitution is the starting point on arguments between Zimbabwe’s sovereignty and responsibilities within the international system. The choice of the Constitution for the discussion on foreign policy is considered most appropriate, for in the Constitution the author sees not only the prospects of a normative theoretical approach to international engagement, but also the appeal to political realism.
In any valid critique on political engagements, the link between norms that protect tenets of democracy such as constitutionalism and theories that explain the real distribution of power in the international community such as realism must always be shown. As shown above, foreign policy is part of the national objectives that are found in Chapter 2 of the Constitution. Section 12 of the Constitution lists the principles upon which the foreign policy of Zimbabwe is based.
There are four mandatory principles which are listed in Section 12 (1) and include: promotion and protection of the national interests of Zimbabwe; respect for international law; peaceful co-existence with other nations; and the settlement of international disputes by peaceful means.
Firstly, national interests can be defined according to what a state considers to be the core values. Although this is debatable, the question that arises is “who defines national interests?” At a surface, the answer is to be found from the question, “who usually deals engages with the outside world?” We may be quick to say the Ministry of Foreign Affairs. Other ministries can also be considered but they may be dealing more with image or welfare management than foreign policy. The issues such as self-determination or sovereignty can be used.
Zimbabwe is a unitary, democratic and sovereign republic. Aspects of sovereignty such as non-interference cannot be ignored. Secondly, respect for international law is also important in foreign policy. Zimbabwe has ratified several Conventions. For instance, nations are currently working within the framework of the United Nations Refugee Convention and the African Union Convention to ensure that Rwandan refugees return to Rwanda.
Thirdly, peaceful co-existence with other nations has seen Zimbabwe working with other countries in activities such as “Operation Mahombekombe” in 2015. This operation was under the auspices of the SADC Special Forces. The area of operation was Kariba. A close examination of the media reports in this regard will show that Zimbabwe is committed to peaceful co-existence with other nations as a pillar of its foreign policy. Fourthly, Zimbabwe envisions a situation where international disputes are resolved by peaceful means. This is important because Zimbabwe has also benefited from peaceful means of dispute resolution such as mediation.
Mediation led to the establishment of the Government of National Unity in 2009. This Government gave birth to political negotiations which culminated in the adoption of the 2013 Constitution. Section 12 (2) of the Constitution makes it obligatory for the State called Zimbabwe, to promote regional and pan-African cultural, economic and political cooperation and integration. The State must also participate in international and regional organisations that stand for peace and the well-being and progress of the region, the continent and humanity.
From the above sections, it is clear that the idea of writing down the principles of foreign policy, of showing how a state interacts with the outside world, individual countries, international or regional organisations might seem the stuff of science fiction. But this is, in all earnestness, rooted in real politics. A quick glance in history shows that presidents play a significant role in the formulation and implementation of foreign policy. For instance, President Jimmy Carter once announced the United States’ intention to extend long denied formal recognition to the People’s Republic of China.
The historical example clearly shows that the leading factors that guide state actors are based on both the domestic and external factors that affect a state. The United States once had a protracted policy of non-recognition but had to be changed for some reasons. Other diplomatic conflicts that have been witnessed include Qatar and some of the Gulf States. A nation’s laid down foreign policy is important in showing the world what is negotiable or non-negotiable, and what activities are friendly or hostile towards it.
Sometimes what gets caught in the crossfire of miscalculated foreign policy is the ordinary citizen – franchised or not. For instance, some Zimbabweans who work in South Africa have been presented as defectors from the army on the one hand or have been linked to murders in farming communities on the other. The media reports become an important factor which must influence how foreign policy is formulated or implemented. Looking at the reports, one would never ignore the energy that the South African Police Minister would expend on protecting South African nationals. All this is, of course, a matter of fact. Readers of such reports can believe what seems right to them.
If the Constitution is actually the voice, soul and spirit of the citizen, as it is often said, then the citizen must participate in the formulation of policy. What matters in the end is not whether citizens are given feedback in through the Press, but how the Constitution should be used. There is evidence that most of the foreign policy approaches are taking a calculated account of the Constitution. Commercial diplomacy can work in the interests of Zimbabwe’s economy.
Peaceful diplomacy also works in the interests of Zimbabwe’s national security. When an impression was created that defectors from the Zimbabwean army are committing serious offences in South Africa, the role of State actors was shown through the pacific approach that was taken by Zimbabwe’s ambassador to that country. In this wake, the Constitution certainly becomes a living document. It is every citizen’s autography.
Sharon Hofisi is a lawyer and writes in his own capacity. He is contactable at sharonhofii@gmail.com <mailto:sharonhofii@gmail.com>
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