‘Zim not conducive for constitutional reform’
Thursday 28 January 2010

By Hendricks Chizhanje
HARARE – Zimbabwe’s coalition government

has failed to create conditions that would allow full and unfettered participation by citizens in the making of a new constitution for the country, leading civic society groups said on Wednesday.

The groups said a raft of repressive laws inhibiting the freedoms of the press, association and expression that remain in the statute books almost a year after the unity government came into office will hamper free debate during a key exercise to gather people’s views and idea son the new governance charter.

“We are of the considered view that the conditions which will make it possible for people to participate freely in the Article 6 (constitutional reform) process have not been created,” said the groups that work to promote democracy, the rule of law and human rights in the southern African nation.

The Zimbabwe Peace Project (ZPP), Zimbabwe Election Support Network (ZESN) and Zimbabwe Lawyers for Human Rights (ZLHR) also announced a joint programme to monitor the constitutional reforms that have been dogged by a plethora of problems, including unending bickering by the main political parties and reports of widespread intimidation of villagers by soldiers.

While the 2009 unity government of President Robert Mugabe and Prime Minister Morgan Tsvangirai has been able to stabilise the economy and reduce political tensions in the country it has done little to open up democratic space or scrap the tough media and security laws that analysts say have been used by Mugabe over the years to stifle dissension.

In a statement the civic groups said: “Repressive legislation that inhibits freedom of assembly, association, expression and movement has not been repealed or amended, and continues to be selectively applied by the authorities.

“The private media remains suffocated, while the public media remains in the control of retrogressive forces . . . The institutions of justice delivery remain unreformed and continue to contribute to the culture of impunity. Incidents of political violence continue to be documented, and the polarisation of society that marred the 2008 elections has not been addressed.”

Calling on the government to ensure constitutional reforms comply with established regional and international norms, standards and best practice, the groups said it would station its officials in each of the country’s 210 parliamentary constituencies to monitor the public consultation exercise to ensure citizens’ views are accurately recorded and reflected in the final draft.

The proposed new constitution is part of the requirements of a September 2008 power-sharing deal between Mugabe, Tsvangirai and Deputy Prime Minister Arthur Mutambara that gave birth to the Harare coalition government last February.

But the credibility of the reform exercise has been tainted by reports of alleged violence and intimidation by soldiers and supporters of Mugabe’s ZANU PF party campaigning for the adoption of the controversial Kariba Draft constitution as the basis for the proposed new charter.

ZANU PF and the two MDC formations of Tsvangirai and Mutambara secretly authored the Kariba Draft in 2007 but critics say the document should be discarded because it leaves Mugabe’s immense powers untouched.

The draft constitution will be put before the electorate in a referendum expected in July and if approved by Zimbabweans will be brought before Parliament for enactment.

The coalition government is expected to call fresh elections after enactment of the new constitution although the administration can choose to wait until expiry of its term in 2013 to call elections.

Zimbabweans hope a new constitution will guarantee basic freedoms, strengthen Parliament and limit the President’s immense powers. – ZimOnline