Part 1

By Dr Masimba Mavaza


Although Commonwealth Heads have not set out any re-joining criteria, it is expected that a country would demonstrate that it continues to uphold the principles and values of the Commonwealth that it espoused when it first joined. This open cheque book policy has proven unfair as it is being abused by those powers who are empowered to readmit countries back into the Commonwealth.
The Commonwealth differs from other international bodies such as the United Nations or the World Trade Organization. It has no formal constitution or bylaws. The members have no legal or formal obligation to one another; they are held together by shared traditions, institutions, and experiences as well as by economic self-interest. Commonwealth action is based upon consultation between members, which is conducted through correspondence and through conversations in meetings. Each member country sends an emissary, called a high commissioner, to the capitals of the other members.
The Commonwealth was an evolutionary outgrowth of the British Empire. Contemporaneous with its shedding of mercantilist philosophy, the empire began implementing “responsible government”—i.e., a system under which the governor could act in domestic matters only upon the advice of ministers enjoying the confidence of the elected chamber—in parts of Canada, Australia, New Zealand, South Africa, and Ireland in the mid- to late-19th century. These dependent but self-governing states attained growing measures of sovereignty, and their autonomy was subjected only to a British veto. The Imperial Conference of 1926 declared that such states were to be regarded as “autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations.” The Statute of Westminster (1931) implemented the decisions made at both that and a subsequent conference, formally allowing each dominion to control its own domestic and foreign affairs and to establish its own diplomatic corps.

For a period after the promulgation of the Statute of Westminster, membership in the Commonwealth came on condition of allegiance to the British monarch. But the rapid growth of nationalism from the 1920s in parts of the empire with chiefly non-European populations required a reconsideration of the nature of the Commonwealth. India in particular had been a special case within the British Empire; by title an empire in its own right, it had a viceroy, a separate secretary of state in London, its own army, and even, to a certain degree, its own foreign policy. When India and Pakistan were granted independence in 1947, they became members of the Commonwealth. In 1949 India announced its intention to become a republic, which would have required its withdrawal from the Commonwealth under the existing rules, but at a meeting of Commonwealth heads of government in London in April 1949 it was agreed that India could continue its membership if it accepted the British crown as only “the symbol of the free association” of Commonwealth members. That declaration was the first to drop the adjective British, and thereafter the official name of the organization became the Commonwealth of Nations, or simply the Commonwealth.

Not all Commonwealth countries are former British colonies. Mozambique became the first country granted entry that was never part of the British Empire or under the control of any member. Rwanda, also never part of the British Empire but it is in the Commonwealth.
Zimbabwe was not the first country to democratically choose to withdraw from the Commonwealth. Some states became independent and rejected membership, such as Burma (Myanmar) in 1948. The Commonwealth was also beset by some members opting to withdraw from the organization, as did Ireland (1949), South Africa (1961), and Pakistan (1972), though both South Africa and Pakistan eventually rejoined (the former in 1994 and the latter in 1989). There were no specific conditions put on the to be readmitted.
Zimbabwe has applied for readmission which means its fate is in the hands of other heads of states.
The member states’ heads of government make up the primary decision-making component of the Commonwealth. The Head of the Commonwealth, a title historically belonging to the British Crown, is largely ceremonial. Succession to the post is non-hereditary and is determined by the Heads of Government. The Commonwealth Secretariat, headed by a secretary-general, organizes and coordinates Commonwealth activities and facilitates relations between member states. The Secretariat is responsible to the Board of Governors, composed of the member states’ high commissioner to the United Kingdom. At high-level international events, the Commonwealth is represented by the Chair-in-Office, which rotates between member states every two years.
A Commonwealth Heads of Government Meeting is held every two years. At the meeting in Singapore in 1971, members adopted a declaration that restated the Commonwealth’s voluntary and cooperative nature and committed the organization to promoting international peace, fighting racism, opposing colonial domination, and reducing inequities in wealth. This declaration was echoed at the meeting in Harare, Zimbabwe, in 1991, when leaders further committed the organization to human rights and democracy. In 2011, in Perth, Australia, leaders tasked the Commonwealth with drafting a charter; the charter—which enshrined core principles such as democracy, human rights, freedom of expression, sustainable development, access to health and education, and gender equality—was adopted at the close of 2012.
Being a member of the Commonwealth has a lot of advantages. Looking at the transformation of the Commonwealth it is important that a country becomes a member. Commonwealth countries go to other member countries without restrictions. Considering that the world is now a global village joining the common wealth becomes imperative. By its nature Commonwealth was meant to help member states navigate through the economic crisis and enhance economic development and growth in the member states. In 1996 the Commonwealth Africa Investment Fund was established to increase investment in that Africa. There are also significant educational links between members, as many British teachers travel overseas and many students from Commonwealth members study in Britain. Other cultural links include the Commonwealth Games, a sporting competition held every four years.
Benefits of membership is very rewarding and beneficial to the member states. Commonwealth helps to strengthen governance, build inclusive institutions and promote justice and human rights. It further helps to grow economies and boost trade, empower young people, and address threats such as climate change, debt and inequality.
In addition to voting and residency rights, Commonwealth citizens may receive consular assistance from Commonwealth countries. In particular, they are entitled to emergency assistance from British embassies and consulates in non-Commonwealth nations if their own country is not represented.

The late cde Robert Mugabe withdrew Zimbabwe’s Commonwealth membership in 2003 after the Commonwealth tried to force him to reverse the land redistribution program. Mugabe’s argument was simply that it was unfair that only 4000 four thousand white people own ninety five percent of land and fifteen million black majority own only five percent. The imbalance was pervasive and flabbergasting. The withdrawal came after the Commonwealth suspended Zimbabwe in 2002 for seeking equality in land issues. However in order to make the suspension look credible the Commonwealth accused Zimbabwe of violating the group’s charter.
When the new dispensation came in, President Emmerson Mnangagwa launched a readmission bid.
The timeline can help us to see why it is grossly unfair and inhumane to delay to readmit Zimbabwe in the Commonwealth. In 2003, Zimbabwe withdrew from the Commonwealth following a suspension alleged to be for human rights violations. In 2018, the country began the process of rejoining the organisation. This process is ongoing. However, it has been argued that Zimbabwe should not be allowed to rejoin as it does not meet the required standards in respect of its human rights record, democratic processes and institutions and rule of law. The confusing part is that the required standards are not written anywhere. There are no Rules written down which becomes the tragedy in this case. Rules keep us safe and make sure everyone is treated fairly . Rules also bring order . For example, we could be asked to raise our hand or wait our turn if we are in a group and want to ask something. If there were no rules, everyone would talk at once and nobody would be able to hear what anyone was saying! At the moment any committee set to look into the readmission of Zimbabwe comes with its own Rules.
Zimbabwe was accused of breaching the terms of the 1991 Harare declaration. The Harare Declaration set out the Commonwealth’s principles and values. Looking at the values one can not point exactly where it could be said the Zimbabwean government has breached any. Instead the new dispensation had polished all the areas which might have excited the Commonwealth to suspend Zimbabwe. The re -admission has taken unreasonable length of time.
The Zimbabwean Ambassador to the United Kingdom His Excellency Rtd Colonel Christian Katsande has become so passionate to have Zimbabwe readmitted to the Commonwealth. Ambassador Katsande is burning midnight candles engaging the offices that might be in order to have Zimbabwe readmitted. He is earnestly representing the president in fighting to achieve our slogan of re engagement. He rides on the Motto which says Zimbabwe is an enemy to none and a friend to all.
In soliciting help from other nations The Zimbabwe Attorney General Madam Virginia Mabhiza through her office has engaged the commonwealth secretariat on two separate occasions. The firstly issue was to make representations on Zimbabwe’s position on the issues mostly raised by those who are opposed to Zimbabwe’s readmission to the commonwealth. The second issue was to submit an implementation matrix on key issues under discussion. The issue of Zimbabwe’s human rights must not be viewed through the eyes of the Zimbabwean opposition parties or the handlers and sympathiser’s of the Zimbabwean opposition. Any further delays in readmitting Zimbabwe is unfair vindictive and discriminatory.

Last week the Attorney General joined a meeting that was convened by the Zimbabwe Ambassador to the United Kingdom Rtd Colonel Christian Katsande with commonwealth secretariat and heads of missions in the UK. Madam attorney General was making a follow up to the seemingly dead silence from Marlborough house amid the approaching Commonwealth Head of States General Assembly meeting to be held in Samoa this October. The question everyone is asking is “ what is holding the secretariat? Why are they taking this long?
This came on the background that on the 12th of January 2023, the House of Lords debated a question for short debate in grand committee: which was raised by a self proclaimed Zimbabwean enemy and a celebrated Zimbabwean opposition member in the British House of Lords Lord Oates (Liberal Democrat) who asked His Majesty’s Government what plans they have to work with other Commonwealth nations to BLOCK Zimbabwe’s readmission into the Commonwealth until it is compliant with the principles of the Commonwealth’s 1991 Harare Declaration. The shameless Lord has been advocating for the refusal of admission to the Commonwealth for Zimbabwe.
The Commonwealth is a free association of sovereign states made up of the UK and many of its former dependencies. It has no formal constitution or bylaws, and members have no legal or formal obligations to one another. Rather, all members have shared goals which include democracy, development and peace. The Commonwealth aims to support countries in achieving these goals. It was very clear that the submissions of Lord Oates were clearly against the values of the Commonwealth. For a country to achieve the shared goals it needs working together with other member states. But Lord Oates is actively seeking to block Zimbabwe.
Currently, the Commonwealth has 56 members. This includes both advanced economies and developing nations. Overall, it has a combined population of 2.5 billion people, with more than 60 percent of this population aged 29 and under. The combined gross domestic product of Commonwealth countries in 2021 was US$13.1tn and is estimated to reach US$19.5tn in 2027. It is therefore imperative that the House of Lords makes it its business to work together with Zimbabwe with a view of having it readmitted. Sadly Lord Oates is pushing for none admission.
Day to day, the organisation is run by the Commonwealth Secretariat, which supports member countries and coordinates activities. This support is glaringly absent in the case of Zimbabwe.
The Commonwealth Charter and 1991 Harare Declaration has been used as a scapegoat to keep Zimbabwe out of the Commonwealth. The Harare declaration was where
Members of the Commonwealth agreed to shared values and principles. These are expressed in the Commonwealth Charter, which contains a commitment by member states to the development of free and democratic societies and the promotion of peace and prosperity to improve the lives of Commonwealth citizens. The charter also acknowledges the role of civil society in supporting its goals and values.
Agreed in Zimbabwe, the declaration set out a 10-point pledge listing areas for priority action. This included a focus on the protection and promotion of the fundamental political values of the Commonwealth which it set out as:
* democracy, democratic processes and institutions which reflect national circumstances, the rule of law and the independence of the judiciary, just and honest government; and
* fundamental human rights, including equal rights and opportunities for all citizens regardless of race, colour, creed or political belief.
The declaration also restated the Commonwealth’s support for equality of women, universal access to education and environmental protection. In addition, it confirmed the Commonwealth’s commitment to alleviating poverty and its aim to combat communicable diseases, and contained a promise to help small countries tackle specific economic and security problems. We do understand that Membership of the Commonwealth is voluntary. As a result, members can withdraw at will. Members can also be suspended or expelled if they fail to meet the expected standards and values of the organisation.
Although the Commonwealth’s roots are linked to the British Empire, today any country can join. For example, the last four countries to join—Rwanda, Mozambique, Gabon and Togo—did not have any historic links to the UK.
However, there are criteria for membership of the Commonwealth. These criteria were agreed in 2007 at a CHOGM in Uganda and followed recommendations made by the Committee on Commonwealth Membership. Applicant countries should:
* have a historic constitutional association with an existing Commonwealth member, save in exceptional circumstances (in these cases, applications should be considered on a case-by-case basis)
* accept and comply with Commonwealth fundamental values, principles and priorities as set out in the 1971 Declaration of Commonwealth Principles and subsequent declarations
* demonstrate a commitment to democracy and democratic processes, including free and fair elections and representative legislatures; the rule of law and independence of the judiciary; good governance, including a well-trained public service and transparent public accounts; and protection of human rights, freedom of expression, and equality of opportunity
* accept Commonwealth norms and conventions, such as the use of the English language as the medium of inter-Commonwealth relations, and acknowledge King Charles III as the head of the Commonwealth
Alongside these criteria, the Commonwealth has set out a four-part process for joining, which is followed once a formal expression of interest to join has been triggered.

Countries looking to rejoin the Commonwealth if they have withdrawn or allowed their membership to lapse need to reapply for membership. Although there are no set criteria for readmission, the Commonwealth has said that it expects the country wishing to rejoin to “demonstrate that it continues to uphold the principles and values of the Commonwealth that it espoused when it first joined”.
Zimbabwe joined the Commonwealth on its independence from Britain in 1980. However, in 2002, the organisation suspended Zimbabwe for a year for breaching its values and principles in relation to a disputed election. In 2003, the Commonwealth decided to extend the suspension indefinitely and Zimbabwe’s former president, Robert Mugabe, withdrew the country from the Commonwealth. In November 2017, Mr Mugabe, who had been president for 37 years, resigned. He was replaced by Emmerson Mnangagwa, who was a member of the same Zanu-PF political party.
In 2018, Zimbabwe began the process of rejoining the Commonwealth. In response to a letter from President Mnangagwa, Secretary General Baroness Scotland said that she looked forward to Zimbabwe’s return “when the conditions are right”. The Commonwealth explained that to rejoin, Zimbabwe would need to show compliance with the fundamental values set out in the Commonwealth Charter, including respect for democracy and the rule of law, as well as protection of human rights. It also said that the membership process required an informal assessment to be undertaken by representatives of the secretary general, followed by consultation with other Commonwealth countries.

In 2021, the Zimbabwean government said that it was in the second stage of a four-part process for rejoining, with the application undergoing consultation among Commonwealth members.
In November 2022, a delegation led by the assistant secretary general, Luis Franceschi, visited Harare, Zimbabwe. The visit was part of the informal process of assessment for Zimbabwe’s readmission into the Commonwealth. Following the mission, Professor Franceschi said that Zimbabwe had made “significant progress in its journey to rejoin the Commonwealth family”. He said that all the stakeholders he had engaged with had been supportive of readmission and that “we will work together towards that shared goal to ensure this process reaches its proper conclusion”. This is a different attitude as shown by Lord Oates.
The UK government has said that the decision on whether Zimbabwe rejoins the Commonwealth is a decision for all members. It has said that it would support Zimbabwe’s readmission “only if it met the admission requirements and complied with the values and principles set out in the Commonwealth Charter”.

Continued…

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