A national Civil Society Constitutional Conference was held in Harare
on Feb. 6 to propose an alternative road map for a new constitution. In
a communiqué released at the end of the one-day meeting held in Harare,
the participants – drawn from over 100 civil society groups – agreed to
oppose the crafting of the country’s constitution by parliamentary
representatives as outlined in the GPA.
Under the deal, signed last September between the Zimbabwe African
National Union Patriotic Front (Zanu PF) and the two Movement for
Democratic Change (MDC) parties, it was agreed that a new constitution
would be drawn up, led by a parliamentary committee.
According to Article 6 of the GPA, the select committee will be
composed of members of parliament and representatives of the civil
society, but the committee will have final say in the crafting of a
draft.
"People must write their own constitution directly, not through
politicians, parliamentarians or government. The surest way to make
sure that a constitution is respected is if it is written by the people
themselves and carries their word," said Lovemore Madhuku, the
chairperson of the National Constitutional Assembly (NCA).
He told the conference politicians should not be left to drive the
constitutional process because they are interested only in
consolidating political power, here referring to the many amendments to
the 1979 constitution which have only strengthened President Robert
Mugabe’s grip over the past thirty years.
"Article 6 is a direct insult to the need for a people-driven
constitution. It is an arrogant approach to the whole
constitution-making process," said Madhuku.
The meeting was attended by over 200 delegates drawn from organisations
representing the youth, students, labour, artists, women groups, street
traders, human rights groups, cross border traders, teachers
associations, church groups and lawyers.
Zimbabwe is governed under a 1979 constitution agreed at the Lancaster
House talks in London. The constitution has been amended 19 times since
the country’s independence from Britain in 1980.
The latest amendment on Feb. 5 made provision for the establishment of
a government of national unity through the creation of the post of
Prime Minister which the country abolished in 1987.
The Zimbabwe Congress of Trade Unions president (ZCTU), Lovemore
Matombo also feels the current plan to redraft the constitution is
flawed from the outset.
"It is merely an act of consolidation of power taking us back to the
era of one-party states. Constitution making processes are algebraic in
nature. If you don’t get the formulae right, then you won’t get the
answer right."
In 1999, Zimbabwe went through a lengthy constitutional review which
involved public consultations throughout the country. The process was
led by the Cidyausiku Constitutional Commission, made up of 400
commissioners appointed by President Mugabe. It culminated in a draft
constitution which was roundly rejected by civil society groups.
Civil society had engaged in a parallel process which produced its own
draft constitution. Citizens’ groups, particularly the NCA, campaigned
vigorously against the government’s version, leading to its rejection
in a referendum in 2000.
"Any piecemeal constitutional making process will be rejected in the same manner," Madhuku told IPS.
Kumbirai Kadenga, who identified herself simply as a member of
Zimbabwe’s labour movement, emphasised the importance of writing a new
constitution.
"This process is a revolution," she told the conference. "The
constitution is a supreme law which either cements or takes away power
from the powerful to give to the majority, which is not a desirable
thing for the powerful. Hence the need to make sure that the process is
put in the hands of the people."
Takura Zhangazha of the Media Institute of Southern Africa (MISA)
described the conference as an "Obama Moment" in reference to the
phenomenal political successes of the first black American president.
"The process is about addressing the present and the future. We are
here to think beyond the political leaders and seek to address the
people’s bread and butter issues. This is an Obama moment which will
set path for the Zimbabwe that we all want," said Zhangazha.
The meeting also had its other moments when Madhuku told the gathering
that he was going to add the need for a people-driven constitution as
an eleventh biblical commandment.
"The right to write our own constitution is a right by creation,
therefore I shall add it as one of the biblical commandments: Thou
shall not give up your right to author a constitution for yourself,"
said Madhuku.