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of the Kariba Draft Constitution
National Constitutional Assembly (NCA)
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analyzes the Kariba
Draft Constitution, a document negotiated in secret in September
2007 and referenced in Article 6 of the Global
Political Agreement between Zimbabwe's three primary political
parties. The report briefly considers the process that led to the
creation of the Kariba Draft and then explores the content of that
document. The substance of the Kariba Draft is compared to that
of the current Constitution and the Constitutional Commission Proposal
which was rejected in a national referendum in February 2000.
This report concludes
that the Kariba Draft is inadequate in terms of both process and
content. If the Kariba Draft were to be used as the basis for constitution-making
in the country, Zimbabweans would be denied their right to write
a constitution for themselves. Moreover, the content of the Draft
is inadequate. It fails to protect fundamental rights and freedoms
and promotes the continued dominance of government by the Executive.
political leaders should immediately denounce the use of the Kariba
Draft as a fundamental document in the constitution-making process.
They should instead embrace people-driven, democratic processes
as the basis for constitutional reform in Zimbabwe.
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