ZIMBABWE: New Constitution: Civil Society 'Taking Charge'

HARARE, Jul 28 (IPS) - Barely two weeks after the start of an official process to draw up a new constitution for Zimbabwe was delayed by supporters of Robert Mugabe, it faces another challenge: civil society organisation have launched a parallel constitutional project, saying the unity government's parliamentary-led procedure is undemocratic, defective and will produce a flawed document.

The National Constitutional Assembly (NCA) is leading an alternative constitutional process under the banner "Take Charge". The NCA is a coalition which brings together women’s organisations, churches, opposition political parties, labour and student movements and other civic groups. In 1999, it worked with the MDC to reject a government draft constitution in a referendum handing President Mugabe his first defeat at the ballot box.

A 25-member parliamentary constitutional committee is leading the government process, which begins with four months of consultation, after which a draft will be produced. The draft will then be presented to a second All-Stakeholders Conference, followed by a month of debate in parliament. A referendum on the new constitution is expected in July 2010, and if it is approved new elections will then be held under Zimbabwe's new constitution.

"We unreservedly reject the government led process for constitutional reform as outlined in Article 6 of the Global Political Agreement and strongly recommend that the current process being led by parliament and the inclusive government be immediately stopped and an independent, democratic constitutional reform process be initiated," NCA Chairperson, Lovemore Madhuku, told IPS.

He further argued that it is not the job of politicians to write a constitution. "We did not vote for our MPs to write the constitution for us. For how long do we want our politicians to treat us like fools?"

Madhuku said an independent body elected by a truly representative stakeholders' conference should lead the process. "A truly independent body along the lines of South Africa's Independent Electoral Commission (IEC) should be set up, and it should be detached from the influence of politicians. That should be the starting point."

The civic groups argue that the parliamentary representatives cannot adequately represent the people because they are by-products of a negotiated political settlement. They want to see more civic representation in the process, including all interest groups.

In a draft resolution of civil society's constitutional conference held Monday in Chitungwiza, just outside Harare, participants undertook to start an education campaign in August to encourage citizens to reject the constitutional process led by politicians.

"We resolve that we shall undertake and expand our civic education programme to explain to the people of Zimbabwe why they should reject a parliamentary-driven process," read one of the resolutions.

The organisations also said if the government does not heed their call to abandon the parliamentary led process they will start a "No" vote campaign.

"We will actively seek a rejection of any draft constitution produced by the same process through campaigning for a No vote should that draft be brought to a referendum," read one of the resolutions.

Drafting the new constitution

A 25-member parliamentary constitutional committee is leading the government process. If it succeeds in coming up with a draft constitution it will be put before the electorate in a referendum expected in July next year. Upon approval by Zimbabweans it will then be brought before Parliament for enactment.

Once a new constitution is in place, the government is expected to then call fresh parliamentary, presidential and local government elections. Zimbabweans hope a new constitution to replace the one inked in 1979 at the Lancaster House talks in London will whittle the presidential powers, strengthen the role of Parliament and guarantee civil liberties and political freedoms.

The existing constitution has been amended 19 times since the country's independence in 1980 and critics say the changes have only helped to entrench President Robert Mugabe and ZANU-PF's stranglehold on power.

In 1999, the National Constitutional Assembly and the Movement for Democratic Change were at the forefront of a popular rejection of a new draft constitution. This time, they find themselves on opposite sides of the issue.

NCA has for years campaigned for a new and democratic constitution for Zimbabwe. Wellington Chibebe, secretary general of the country's biggest labour federation, the Zimbabwe Congress of Trade Unions(ZCTU), told IPS that the government process is not representative enough.

"The process is hugely flawed it is hardly representative and does not recognise the civic society as active participants," Chibhebhe said.

"The Select Committee is made up of only three political parties and we don't know how that is global."

Three of the country’s political parties signed a Global Political Agreement (GPA) IN September 2008 which led to the formation of a coalition government between Zanu PF and the two MDC parties. Article 6 of this agreement provides for the drafting of a people-driven constitution.

Takura Zhangazha, a Harare-based political analyst believes the process is heavily influenced by politicians.

"The parliamentary process is directly under the influence of the political parties and is therefore not as independent a process as democratically expected. It requires the setting up of an independent commission chaired by an independent person. This basically means that the parliamentary process is simply unacceptable," Zhangazha told IPS.

Farai Maguwu, director of the Centre for Research and Development, is following both the government and civic society processes. He told IPS that the situation is healthy for the country’s democracy.

"Both processes are healthy for our democracy. We believe in what the NCA is doing but also want to get the truth. The government has a right to hold its view but does not have the right to write a constitution on behalf of the people but at the same time its process must be given a chance," Muguwu told IPS.

(END/2009)

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