Zimbabwe's 'look East' policy : a socio-legal perspective

• Author: Caiphas B. Soyapi
• Published date: 01 January 2015
• Pages: 176-192
• Date: 01 January 2015
• DOI: 10.10520/EJC197699

Zimbabwe’s ‘look East’ policy: A socio-

legal perspective

Caiphas B Soyapi*

Abstract

The studies of the relations between China and Zimbabwe, as with other studies of

Chinese relations with African states, have focused largely on the socio-econom ic and

political aspects thereof. There has not been a discussion on the socio-legal perspectives

of the relationship. The point of departure is that any relations between China and

Zimbabwe must be legally sustainable. The socio-economic consequences of the relations

are identified and analysed from a legal perspective, which leads to the conclusion that the

‘look East’ policy adopted by the Zimbabwean government as a way to counter sanctions

imposed by the West is an intermestic policy. Based on national and international laws or

standards of conduct expected of states, the Zimbabwean government’s failure to protect

industries, the environment, labour rights and the trade in armaments at critical moments

indicates an abdication of its duties.

1 Introduction

Studies of the China-Zimbabwe relations have been socio-economic, with

differing views prevalent on their impact. These relations have increased since

the adoption of the ‘look East’ policy by the Zimbabwean government. However,

there is no research that has been done to explore a socio-legal perspective on

the relations. Because of the outlook of these relations, the consequences of this

relationship have affected the socio-economic conditions and fundamental

rights/laws in Zimbabwe. In view of that, this note will consider relevant

international law and statutes of Zimbabwe insofar as they relate to some of the

consequences of China-Zimbabwe relations. Essentially, the findings are that

there are potential violations of international law, national laws and also a

disregard of state obligations that flow from the implementation of the ‘look East’

policy; the policy is an intermestic policy because it directly affects domestic

conditions within the country and China’s idealistic rhetoric of non-intervention is

LLB, LLM (NWU). LLD Candidate (NW U Potchefstroom) Email: cbsoyapi@gmail.com.

*

Zimbabwe’s ‘look East’ policy: A socio-legal perspective 177

regressive as at times it perpetuates the violation of rights in states where the rule

of law is weak.

It should be kept in mind that the intention here is not to ‘bash’ China, and

the substantial benefits that have accrued to Africa from its relationship China are

acknowledged. Neither is this an illegitimate condemnation of Zimbabwe’s

engagement with China, but rather a crit ical review based on recorded events.

Accordingly, I challenge the efficacy and legitimacy of the ‘look East’ policy in light

of its consequences. To achieve this, apart from this introduction, the second part

deals with the general and various perceptions held on Chinese influence in

Africa. The third part examines the ‘look East’ policy in an ef fort to determine if

it qualifies at all as a policy. Thereafter, its consequences in Zimbabwe are

discussed, with the specif ic objective of juxtaposing the consequences and the

state’s legal obligations respectively. Subsequently, the note critiques the policy

in light of its consequences to indicate that it has not been efficient and needs to

be readjusted.

2 China’s influence in Africa

Scholars have delivered varied descriptions of China’s modus operandi on the

international scene – China’s methods of interaction have been facilitated through

the use of soft power and exceptionalism; which descriptions reveal China’s

normative philosophy in its engagements with Africa. The benefits accruing from

1

this engagement range from the offering of investment and infrastructure loans,

sometimes at zero per cent interest rates, to the elimination of tariffs on a number

of products and the cancellation of debts for many countries. Further, China’s

2

efforts have contributed to the eradication of poverty in Af rica better than many

other aid organisations. Campbell argues that organisations like the US Agency

for International Development (USAID), the European Union and the World Bank

have failed after two decades of delivering on their claim of seeking to eradicate

poverty. This, he argues, has potentially tilted the scale in favour of China which

3

usually presents large loans and embarks on infrastructure developments. A good

example is China’s US$ 2 billion credit to Angola towards the rebuilding of the

country’s infrastructure. Although Campbell’s contentions could be true, it must

4

Fijalkowski ‘China’s “soft power” in Africa?’ (2011) J of Contemporary Africa Stu dies 223 at 224;

1

Alden and Dan ‘China’s exceptionalism and the challenges of delivering difference in Africa’ (2011)

J of Contemporary China 21 at 26.

Adisu, Sharkey and Okoroafo ‘The impact of Chinese investment in Africa’ (2010) International

2

Journal of Business and Management 3 at 4; The Rockefeller Foundation ‘China’s engagement in

African countries: A Rockefeller Foundation exploration’ (2009) The Rockefeller Foundation 1 at 3.

Campbell ‘China in Africa: Challenging US global hegemony’ (2007) Third Word Quarterly 89 at 99.

3

McCormick ‘China and Indi a as Africa’s new donors: The impact o f aid on development’ (2008)

4

Review of African Political Economy 73 at 85.