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Preliminary observation on the COPAC Second All Stakeholders' conference
Zimbabwe Election Support Network (ZESN), Zimbabwe Lawyers for Human Rights (ZLHR), Zimbabwe Peace Project (ZPP) Independent Constitution Monitoring Project (ZZZICOMP)
October 25, 2012

After observing the proceedings in the run-up to, and during, the just ended Constitution Select Committee COPAC) Second All Stakeholders' Conference of 22-23 October 2012, the Zimbabwe Peace Project (ZPP), Zimbabwe Election Support Network (ZESN) and Zimbabwe Lawyers for Human Rights (ZLHR) Independent Constitution Monitoring Project (ZZZICOMP) considers it appropriate to express its preliminary observations on this national process.

ZZZICOMP notes that accreditation of delegates was decentralised to the provinces, and this assisted in speeding up the process of registering participants. Whilst there did not seem to be challenges with the accreditation of political party delegates from the parties to the Global Political Agreement (GPA), inclusivity of other political parties was questionable. In addition, a high level of political interference from all three political parties to the GPA was observed in the accreditation of civil society participants. Although this was eventually (although not fairly) resolved, this adversely affected the ability of the civil society to adequately and independently prepare for and participate in the Conference in a non-politicised and non-partisan manner. It is necessary for both the political parties and the broad civil society to disentangle themselves and understand their roles as this constitution-making process continues, failing which they will continue to do a disservice to the broader population who have issues which may be peripheral to the objectives and priorities of the three political parties in government.

The accreditation of observers was centralised to Harare, however. Whilst international observers experienced no challenges with accreditation, local observation groups experienced considerable challenges, including a restriction on numbers of observers and an atmosphere of distrust and lack of cooperation by COPAC staff which was only resolved after the intervention of the three COPAC co-chairpersons. Whilst ZZZICOMP had 420 observers registered during previous stages of the constitution-making process, this was reduced to 2 initially, and after negotiations was raised to a mere 10 observers. This proved to be a challenge for detailed observation of each thematic breakaway session and the general rollout of the Second All-Stakeholders' Conference.

The Second All Stakeholders' Conference was held in a generally peaceful environment and ZZZICOMP commends COPAC and delegates for generally conducting themselves in a courteous manner that was free from the violence which characterised the First All Stakeholders Conference held in 2009 in which some delegates and observers were assaulted resulting in a premature adjournment of proceedings.

However, ZZZICOMP still recorded incidences where some delegates resorted to intimidation, harassment, heckling and issuing verbal threats against other delegates as they squabbled during the thematic breakaway sessions and for expressing dissenting views. Such an environment is hardly conducive to the expression of citizens' voices and choices since it involuntarily induces fear. Whether real or perceived, fear muzzles freedom of expression.

ZZZICOMP acknowledges the role played by the Principals to the GPA, who through their remarks denounced violence and emphasised tolerance during the process. This attitude could have had a bearing in exorcising the demons of violence out of some delegates. ZZZICOMP regrets the initial boycott of the proceedings by Professor Welshman Ncube's party, as a critical constituency of this national process, but commends the SADC facilitation team for its interventions to ensure their participation in the thematic breakaway sessions. We urge all political players to put aside personal differences for the good of the nation as we proceed to the final stages of the constitution-making process.

ZZZICOMP observers and those from other civil society organisations were subjected to some form of discriminatory screening by security teams manning the entrances before they could access the main Harare International Conference Centre (HICC) auditorium despite presenting their accreditation tags to COPAC personnel. In addition our observers also noted that the venues where the breakaway sessions were held were not easily accessible, as physically challenged persons could not access the first floor of the HICC to participate in the thematic deliberations.

Language barriers were noted as all the material used during the conference deliberations were in English and no provision was made for local languages. Administrative and logistical hitches were recorded as some electronic equipment was not availed on time during thematic deliberations leading to some protests by some delegates who insisted on such tools being made available. In addition, some groups experienced delays in commencing their work as the materials were not readily available.

Incidents of coaching of party delegates by all three political parties in a bid to safeguard their political party aspirations were rampant. For example, pamphlets entitled "Keypoints to note at the conference" were parceled out to some delegates and they constantly referred to or read from these notes verbatim during discussions on thematic issues. Worryingly, our observers noted racial intolerance after some ZANU PF delegates, who were evaluating the Agricultural Land thematic chapter ejected a diplomat from one of the local embassies, who had been accredited to observe the process. Disputes tended to follow the lines of previously publicised amendments for which ZANU PF has been advocating.

It is our view that President Robert Mugabe's comments dismissing COPAC's consideration of qualitative data at the expense of quantitative data and slamming the constitutional reform body's co-chairs for allegedly wielding excessive power and declaring that the Principals to the GPA will have the ultimate authority on the outcome of the governance charter is likely to skew the process' outcome. This scenario, which breaches the principle of constitutionalism, is of utmost concern as party interests usually have a short-term perspective rather than the inter-generational and non-partisan focus expected in a constitution-making process. Such utterances reinforce the already existing high risk of producing a constitution that panders to the short-term interests of political parties and individuals. The coalition government needs to be reminded that the Constitution is not written merely for the generation that exists at the time of its being authored but for unlimited and perpetual posterity and not for rulers who would be intoxicated with excessive power.

ZZZICOMP notes that the Conference ended without clarity as to the immediate next steps that will be taken to finalise the draft. It is critical for COPAC to provide clarity in this regard so as to reduce tensions and opportunities for political manipulation. Mindful of the provision in Article VI of the GPA, that the constitution-making process is not a political process but a process for citizens of Zimbabwe, ZZZICOMP appeals to COPAC to increase confidence-building measures in the process and publicly outline the roadmap that should finally lead to a referendum. We also urge the Executive to refrain from interfering in the process and ensure that they strictly comply with provisions of Article VI. Given the issues noted by ZZZICOMP, it is now up to Zimbabweans to decide on the acceptability of a governance charter that emanates from this process through the referendum held in a conducive environment.

In conclusion, we urge COPAC to move swiftly to conclude the process as continued delays have the effect of taking attention and energy away from other key institutional and legislative reform processes which are necessary to proceed to an election which is free, fair and whose outcome will not be disputed. SADC should also continue to remain invested in its oversight of the processes to ensure that it is not further manipulated.

For further information and comments please contact ZZZICOMP

Email: zzzicomp@gmail.com Hotlines: (0)916-404256-9 / (0)916-404292

Visit the Zimbabwe Election Support Network fact sheet

Visit the Zimbabwe Lawyers for Human Rights fact sheet

Visit the Zimbabwe Peace Project fact sheet

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