APPENDIX 10
Memorandum from Michael Carmichael, The
Oxford Centre for Public Affairs
The Crisis in Zimbabwe
1. While many observers regard the tidal
wave of police brutality, arbitrary arrests, torture, assassinations
and generalised state-sponsored ultraviolence to be the primary
focus for the tribulations engulfing Zimbabwe, I believe that
the trial of Mr Morgan Tsvangirai, et alia should provide the
core analytical context for the crisis. In other words, the crisis
should be viewed and analysed through the lens of the trial, rather
than vice versa for reasons that will become apparent in the paper
that follows.
Mr Robert MugabeA formidable tyrant
2. Mr Robert Mugabe is a formidable tyrant.
He is both extremely intelligent and utterly ruthless. In late
March, he proclaimed himself to be a "black Hitler"
who would crush his political opponents. In his statement, Mr
Mugabe announced a radical escalation of state-sponsored police
brutality against his opponents, and he promised to be "ten
times worse" than Hitler in the pursuit of the eradication
and punishment of his enemies.
3. Mr Mugabe's long career of opposition
to colonial rule has earned him the steadfast friendship and respect
of his generation of political leadership in southern Africa.
The political support Mr Mugabe is enjoying from Mr Mbeki, Mr
Obasanjo, the governments of Namibia and other nations in southern
Africa is understandable for it is the result of longstanding
personal and political alliances formed against a common enemywestern
colonial powers. It is clear that these leaders will remain united
by their common history of militant opposition to colonial rule.
They have built their careers upon the tactic of exploiting widespread
hatred of the colonial and western powers, and they are not likely
to change.
4. Due to this aspect of the political dynamics
undergirding and uniting the society of the power elites in southern
Africa, Mr Robert Mugabe is longing to attract the disapproval
and ire of the western powers. He craves the exposure of western
influence in the regiona tactic designed to strengthen
his core of support amongst his generational comrades, many of
whom are immensely influential in the politics of southern Africa.
To fall into his trap would be a gross strategic blunder.
5. It is clear that the African leadership
embodied in Mr Nelson Mandela and Mr Kofi Annan and others is
the primary strategic asset for political opposition to Mr Mugabe.
Only African leadership can provide stability to the current crisis
engulfing Zimbabwe and then move the nation forward into the post-Mugabe
era. Mr Morgan Tsvangirai is in position to become the primary
instrument of this process, if and only if Mr Mugabe's nefarious
plan to neutralise him does not succeed. Mr Tsvangirai's survival
is the key factor in the equation for bringing democracy and human
rights to Zimbabwe.
Domestic Politics in Zimbabwe
6. The rationale controlling and shaping
every aspect of Mr Mugabe's present crackdown is his increasingly
precarious domestic political position. It is in that context
that Mr Mugabe fears and loathes Mr Morgan Tsvangirai and the
leadership of the Movement for Democratic Change whom he views
as his archenemies who must be destroyed at all costs.
7. In the 2002 elections, the MDC campaign
(which was both directed and headed by Mr Tsvangirai) won the
election by a huge popular majority. However, victory was denied
the MDC through the crude bureaucratic ploy of covertly destroying
ballot papers and discarding election results followed by a swift
proclamation of victory for Zanu PF. The MDC is bringing their
formal complaint regarding the widespread election fraud and the
resulting bogus results to the attention of the court in Zimbabwe.
The legal process has been deliberately prolonged and delayed.
The election fraud case will probably reach court sometime in
the next month, well over one year after the fraudulent election.
An insidious conspiracy
8. In addition to blatant election fraud,
Mr Mugabe has resorted to a second very public conspiracy to
assassinateby constitutional meanshis primary domestic
political opponents: Morgan Tvangirai and the MDC leadership.
In order to deploy and implement his constitutional assassination
strategy, Mr Mugabe and his coterie of loyal security operatives
of the Central Intelligence Organisation (CIO) retained the services
of Mr Ari Ben Menashe, a rogue intelligence officer formerly of
Mossad, the Israeli state security agency. Mr Ben Menashe has
been operating as a free agent for hire to the highest bidder
for the past twenty years. Mr Ben Menashe acts through his company,
Dickens & Madson, based in Toronto, Canada. Through Dickens
& Madson, Mr Ben Menashe purports to offer an odd range of
professional services including: commodity brokerage and political
consulting. However, Mr Ben Menashe has no professional standing,
qualifications or other legitimate credentials to substantiate
his description of himself as a political consultant. (See below)
The plan unfolds
9. According to the public record, while
posing as a political consultant, Mr Ben Menashe contacted the
MDC and set meetings between Mr Tsvangirai and his key staff at
the offices of Dickens & Madson in Toronto, Canada. In these
meetings, Mr Ben Menashe videotaped the conversations taking place
between him and his clients. Immediately prior to the elections
last March, Mr Ben Menashe launched a disinformation campaign
to discredit Mr Tsvangirai and the MDC, by leaking what he purported
to be the contents of these meetings to the Zimbabwean media to
support his allegations that the MDC leadership had retained him
to assassinate Mr Robert Mugabe.
The disinformation campaign
10. The shocking allegations in Mr Ben Menashe's
story were broadly reported but poorly received by the people
of Zimbabwe who are conditioned to recognise Mr Mugabe's habitual
practices of underhanded subterfuge, disinformation and extreme
violence against his political opponents. Furthermore, it is perfectly
clear from the public record that Mr Ben Menashe's story was especially
unconvincing. In Zimbabwe, Mr Ben Menashe's testimony is largely
regarded as a crude and poorly-executed conspiracy orchestrated
by the security apparatus to perpetuate the regime of Mr Mugabe.
11. Last year's election results prove that
the story lacked public credibility from the outset of Mr Ben
Menashe's disinformation campaign. In recent days, the results
of two byelections have returned massive majorities for the MDC
candidates, and these results come after Mr Tsvangirai and the
MDC leadership have been the victims of a very public show trial
for the previous two months. Zimbabweans simply do not credit
the Mugabe regime, and they reject the veracity of the prosecution's
case against the MDC leaders. The voters have consistently registered
their distrust of Mr Mugabe at the polling stations of Zimbabwe.
The indictments of Mr Tsvangirai and the MDC leaders
12. While the government of Mr Mugabe does
not have public credibility, it does retain political power. Following
Mr Ben Menashe's disinformation campaign, charges were filed against
the MDC leadership; indictments were returned, and a trial date
was set for February, 2003. For the past two months, the trial
has been unfolding as a Kafkaesque nightmare in full view of the
Zimbabwean public and those amongst the international community
who are willing to take notice. Today, in my judgment, the trial
of the Mr Tsvangirai and the MDC leaders is the most perverse
example of political prosecution taking place anywhere on our
planet.
The show trial
13. In early February, the trial opened
with great fanfare. The videotapes made in secret by Mr Ben Menashe
were broadcast on public television during the first days of the
trial. Even this disinformation strategy immediately backfired,
for the tapes were crudely edited, and had obviously been cut
and crudely pasted together to tell a story that supported Mr
Ben Menashe's allegation.
14. When the tapes and their contents were
examined by the defence team, it became clear that the taped evidence
presented by the prosecution did not substantiate the charges
of conspiracy even though it had been doctored. On the tapes,
Mr Tsvangirai never called for the "assassination" of
Mr Mugabe, nor did any of his co-defendants. Neither did the MDC
defendants make any direct or oblique statements that could be
construed as mandating the execution of Mr Mugabe. Instead, the
tapes revealed Mr Ben Menashe leading the conversation through
a tortuous series of circumlocutions in a transparent attempt
to entrap his victims in an assassination conspiracy.
Mr Ben Menashe testifies
15. Mr Ben Menashe was the star prosecution
witness. Under direct examination, he testified that Mr Tsvangirai,
et alia, had attempted to hire him to assassinate Mr Mugabe. During
a lengthy cross examination, Mr Ben Menashe testified that he
had been paid a fee of $400,000 (£250,000) by Mr Mugabe's
Zanu PF for political consultancy. Further, he testified that
his work for Zanu had commenced prior to his initial contacts
with the MDC. When asked why he believed the MDC would hire a
firm known to be working for their political opponents, he replied
that they were, "stupid". During 12 days of testimony,
Mr Ben Menashe lost his composure on more than one occasion and
generally performed in such a manner that would not impress any
responsible judge or jury. He eventually left the dock thoroughly
exhausted and discredited.
No evidence to support conspiracy charges
16. Following the departure of Mr Ben Menashe,
the prosecution called his secretary to testify. Her direct testimony
confirmed Mr Ben Menashe's account of the meetings in Toronto.
Under cross examination, her testimony was demolished. She was
asked whether she had rehearsed her testimony, and her reply confirmed
that she had rehearsed her testimony. When asked to explain why
the tapes did not record Mr Tsvangirai or any of his colleagues
explicitly ordering the assassination of Mugabe, she replied that
the tape recorder had not been switched on at that point in the
meetings. Further, she testified that the firm of Dickens &
Madson had not had any clients other than the government of Zimbabwe
and the MDC, and that Mr Ben Menashe was undergoing intense pressure
from his bankers to satisfy their demands for funds.
17. At the time of this writing, the trial
has been adjourned for several weeks to allow the judge to hear
other cases in his circuit. The pubic of Zimbabwe are following
the trial closely, and the vast majority believe it to be a clear
cut case of official conspiracy and political persecution. The
results of the byelection mentioned earlier confirm the political
opposition toand the public mistrust ofMr Mugabe
and his government.
Mr Ben Menashe is not a political consultant
18. My personal interest in this case is
that Mr Ben Menashe has incorrectly described himself as a "political
consultant". As a longstanding member of all three professional
associations of political consultants: The International Association
of Political Consultants (IAPC); the American Association of Political
Consultants (AAPC) and the European Association of Political Consultants
(EAPC), I am concerned that Mr Ben Menashe might be able to convince
the uninformed members of the public that he is, indeed, a legitimate
political consultant.
19. The term "political consultant"
was coined by Mr Joseph Napolitan of New York in the 1950s. Mr
Napolitan and his associate, Mons Michel Bongrand of Paris, formed
the IAPC in 1968. The IAPC has always been a small professional
organisation and today numbers fewer than 200 members. In the
following year, Mr Napolitan founded the AAPC. The AAPC is based
in Washington, and with over 1,000 members it is the largest professional
association of political consultants in the world. The EAPC is
the newest of the three professional associations and numbers
fewer than 100 members. I do not contend that all genuine political
consultants are members of these three professional organisations,
however, for the purposes of this paper, I do contend that the
ethics and professional practices of political consulting are
embodied in these three associations. Mr Ben Menashe has never
been a member of any of the three associations, and he is not
qualified to use the term "political consultant".
20. Mr Ben Menashe neither has the experience
in electoral politics nor the professional tools and equipment
to master the techniques necessary to function as a genuine political
consultant. For example, he attempted to represent opposing political
candidates and to derive fees from each of them when he worked
for both Mr Mugabe and Mr Tsvangirai who were standing against
one another for the same office, President of Zimbabwe. Mr Ben
Menashe's dual representation in this case was a fundamental violation
of the ethical standards of political consulting. This practice
would be tantamount to a lawyer working for both the prosecution
and the defendant in the same trial.
21. According to Mr Ben Menashe's testimony,
he played the role that he was willing to undertake the assignment
of assassination of Mr Tsvangirai's political opponent. Mr Ben
Menashe's assassination tactic is simply not credible within the
legitimate practice of political consultancy. Mr Ben Menashe's
other practices of bugging, wiretapping or secretly tape-recording
private conversations with his client and then sharing them with
his client's political opponent for a fee is another set of violations
of the ethics of political consultancy. Rather than go through
many more observations of the ethical impossibility of Mr Ben
Menashe's own accounts of his exploits as a political consultant
in Zimbabwe, it might be helpful to provide information on the
legitimate services routinely offered by professional political
consultants.
Genuine political consultancy
22. Political consultants advise candidates
and parties how to gain public support and to win open, free and
honestly contested elections. Genuine political consultants would
not be willing to counsel their clients to violate the rules of
elections. Neither would they counsel clients to thwart electoral
results by destroying ballot papers or forging ballot papers,
nor to distort the results of a free and open election in any
other way.
23. While political consultants might properly
urge their clients to ensure that the results of the election
are correctly and honestly reported, they are primarily focused
on influencing public opinion in advance of elections. In our
three professional associations, political consultants simply
do not prefer to work in electoral systems that are not known
to be honest, fair and above board in the handling of ballots
and electoral results. Instead, the political consultant seeks
to shape and mould public opinion in advance of a free, open and
honest election in order to help his candidate project the most
effective message in hopes of garnering the winning share of the
votes on election day.
The IAPC responds
24. Following the outset of the disinformation
campaign to discredit Mr Tsvangirai, our professional association
has been monitoring developments in the case. In 2002, the IAPC
awarded the Democracy Medal to Mr Morgan Tsvangirai for his work
to bring positive democratic change to Zimbabwe. We of the IAPC
are appalled that: Mr Ben Menashe has testified to his actions
on behalf of both competing parties; he has violated professional
ethics so egregiously and as a side-effect his testimony has misinformed
the public about the practice of political consultancy. For these
reasons, the IAPC has taken a firm position to inform the pubic
that Mr Ben Menashe is not nownor has he ever beena
legitimate political consultant. Accordingly, on the twelfth of
February, the President of the IAPC, Mr Ken Feltman of Washington,
issued the statement that is appended herewith (Annex).
Personal view
25. I view the case of Morgan Tsvangirai,
et alia to be an insidious conspiracy to use constitutional means
to assassinate the political opposition of Mr Robert Mugabe, and
I believe that any informed and balanced consideration of the
facts will confirm that interpretation.
26. It is with great regret that I have
called the details of the case of Mr Morgan Tsvangirai, et alia,
to the attention of the Foreign Affairs Select Committee. This
brief paper is far from complete, but I hope that it will be helpful
in your deliberations.
If I may be of any additional service or provide
any further information to the Select Committee, please, do not
hesitate to contact me.
Michael Carmichael
The Oxford Centre for Public Affairs
2 April 2003
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