Women of Zimbabwe Arise (WOZA) has consulted with members over the last few weeks on the constitutional reform process initiated by Article 6 of the Global Political Agreement (GPA)1 and recognise the opportunity to play a role in making this process result in a truly democratic Zimbabwe. WOZA has already been involved in joint civic society disc Ordinary Zimbabweans were not consulted and did not input
into the 15 September 2008 Global Political Agreement. It may therefore
prove inadequate as a tool of creating a truly people-driven
constitution.
Constitutional Amendment 19 went further in providing
wide-ranging direction and oversight role to the Parliament of
Zimbabwe, which makes the constitutional process subject to political
party control.
Whilst we acknowledge that the people voted for Members of
Parliament and Senators and recognise that they can be expected to
represent the views of the people in their constituency, constitution
making should be an inclusive process. It is a given that the whole
nation needs to take ownership of their right to determine how they are
governed. At the very least, elected representatives need to conduct
public meetings to hear the views of the people in their constituencies
in open and direct discussion rather than making unilateral decisions
on our behalf.
Most importantly however, we feel that there is no real
operating climate for full enjoyment by citizens of all their freedoms
of expression and assembly. There continues to be flagrant disregard
for the rule of law, politically motivated and indiscriminate arrests
and detentions and a climate of fear remains. Citizens need a tangible
sign that they will be able to meet and debate without harassment
before a truly meaningful process can be embarked upon.
We recognise that Zimbabweans have long dreamed of their very own
constitution, not a temporary arrangement that the Lancaster House
Constitution was supposed to be. Instead of getting a truly
people-driven process in 1987, the constitution was changed to become a
one-party state. In 2000, they wanted to change it again to give the
president even more executive powers. We voted NO because we wanted
less concentration on executive powers. We have had too many false
starts and still need to complete this reform process and come up with
a constitution we can be proud of.
Taking the step
WOZA members believe that it is better to light a single candle than to
complain about the darkness. In this spirit and committed to the
constitutional reforms outlined in the WOZA People's Charter and
reaffirmed in the Zimbabwe People's Charter, we will fully participate
in order to ensure people are able to input into this most important of
documents. We will contribute despite the threat of arrests and
detentions. We will meet any attempts to disrespect our views with
tough love'.
We will take the step towards a fresh process with commitment and
vigour, eager to vote in a referendum for a new constitution. We are
impatient to arrive at the day we can vote in a free and fair election
conducted in terms of the provision of that new democratic constitution
so that we can complete the change and get on with our lives.
Recommendations for a participatory process
Below we have outlined recommendations that we believe will ensure that
the process, despite its inauspicious beginnings, could be truly
participatory.
1. The letter and spirit of the GPA is packed with rhetoric about
gender equality but in deed the power-sharing government has been found
lacking. We therefore request meaningful participation by women, and
not just any women. Women who are known to engage and consult and
represent our issues, in all constitutional processes. This includes
members of subcommittees, be they technical; related to drafting;
consulting or logistics. In addition the public face of the
consultative process must be gender balanced. There should be equal
amounts of women chairing and presenting in all meetings.
2. Special sessions for women only should be provided for as women
have long been marginalized in Zimbabwean society. They have a unique
contribution to make to dignify our nation.
3. The youth are now a stolen generation, devoid of hope and
opportunity. We also recommend that special sessions for under-25 year
olds be convened. Having their own sessions will boost their confidence
that they also have a place in rebuilding the nation.
4. There needs to be a transparent process in the selection of
civic society representatives in the subcommittees. We need committee
members with clear roles and responsibilities. They should also be
people with a clear understanding of constitutional issues rather than
being politically loyal. We would be well represented by those who have
constituencies. Committee members must be accountable to their
constituencies and hold consultative and report back meetings to make
the process truly participatory.
5. We want freedom of expression and freedom after expression. To
ensure this right is respected, police, both uniformed and
non-uniformed, must undergo training on issues of public order so that
they do not interfere in our right to meet and debate. Any officer who
is unable to be professional and respect civil rights must be
dismissed. See GPA Article 12.1(b) – Freedoms of Assembly and
Association4 and Article 13.2(a) – State organs and institutions.5
6. Mobilisation needs to be all-inclusive and so broad
communication is essential. Public hearings and consultations with
public must be advertised well in advance not only on television and in
print media but also by alternative media so that all communities are
advised and can participate.
7. For the process to be as inclusive as possible we would like to
see the select committee promoting the need for, and accepting, written
submissions from both individuals and organisations, from within
Zimbabwe and without. We recommend numerous acceptance points for such
submissions, for example email, text messages or suggestion boxes. More
weight should be attached to identified submissions rather than
anonymous contributions but we these communication tools would
nonetheless have been used to stimulated debate.
8. With the manipulation of information being the issue that
derailed previous attempts at constitutional reform, we therefore
suggest that: the process of compiling opinions obtained during public
consultation be transparent and include checks to prevent suppression
of unwanted views. A summary of views should be published before the
drafting of constitution is done.
9. It is said the devil is in the detail. We require that there be
civic society representatives within the drafting sub-committee. They
will participate in conducting a complementary recording and drafting
role.
10. To mobilise Zimbabweans to keep control of the process, a Draft
Monitoring and Observer Working Group' should be formed to provide
civilian oversight and real-time reporting on content obtained from
meetings. They will also provide early warning that the process or
content is being hijacked. This Working Group will post reports on the
website for historical proof of contributions. Should the process
become a victim of the hidden hand of political expediency, proof will
be available to mobilise a NO vote.
11. WOZA wish to receive an invitation to attend the all stakeholders'
conferences. We also require the opportunity to input into planning of
objectives, agenda and format. We want to see an acceptable process for
the stakeholders' conferences, by which the agenda is not controlled by
the select committee.
12. It is vital that the draft constitution be made available well
before the second stakeholder's conference so that we are able to audit
it to see if all views are considered and how it compares to the
published summaries.
13. At the second stakeholders conference we will expect a report by
the drafting subcommittee explaining why they have chosen specific
formulations over others. This is to ensure the committee can be
accountable for consideration of all views.
14. It is a given that a draft will be prepared from public input.
Parliament must not amend the draft; rather debate it for clarification
of certain aspects. Should Parliament wish to alter some formats or
contributions, they must be required to come back to the all
stakeholders' conference to present their views for ratification by the
stakeholders.
15. The Independent Electoral Commission should be replaced by a
genuinely independent commission to restore confidence in voting
procedures. We expect the referendum to be conducted by an outside
neutral body with independent expertise, as it is important to avoid
further poll disputes.
16. Zimbabweans have long been marginalized by not being issued with
documentation. The power-sharing government must make a special effort
to redress this injustice. In the meanwhile, every citizen under the
Amendment 19 criteria should be allowed to vote in the referendum with
either their identity document or passport, without drawing up a new
voters roll. In addition, Zimbabweans in the Diaspora should be allowed
to vote so they feel included in the future of their country.
17. The power-sharing government must take cognisance of our
impatience to exercise our full democratic rights under a new
constitution. We therefore demand clear timelines as to the next
election following the referendum process as both the GPA and Amendment
19 is silent on this timeline. We do not expect any timelines to be
shifted by more than two months.
Conclusion
As stated above, WOZA is fully committed to participating in the
constitution-making process that has been initiated by the GPA.
Nonetheless, we have serious reservations about the procedures as
outlined in Article 6 as we do not believe that they are inclusive
enough. We also recognise that these procedures are predisposed to
excessive control by politicians. Whilst we are prepared to give
members of our new government the benefit of the doubt, we are aware
that Zimbabweans have been badly let down by politicians in the past.
Together with our partners in civic society, we do not intend to sit
back and quietly allow them to minimise the participation of the very
people in whose name they claim to be writing the constitution.
We have clearly outlined recommendations above that we feel are minimum
requirements for WOZA's participation. We are determined to advocate
for the implementation of these recommendations at every given
opportunity and reserve the right to review the nature of our
participation should the environment become untenable.