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Declaration of the civic society leaders conference on constitutional reform
Zimbabwean Civic Society Organisations
June 03, 2009

We, the heads of Civic Society Organizations, representing over 80 organizations, having met in Harare, on the 3rd of June 2009, to discuss issues associated with meaningful civil society engagement with the constitutional reform process, and

Having heard and engaged with 2 of the 3 Co-Chairs of the Parliamentary Select Committee on Constitutional reform, and

Having discussed amongst ourselves and understood the different dominant approaches that are currently there in terms of engagement with the Constitutional reform process,

Therefore declare as follows:

Generally:

1. That we acknowledge that an opportunity for constitutional reform exists in Zimbabwe during this transitional period.
2. That the process of constitutional reform, as envisaged in Article 6 does not satisfy our long held conceptions of what a constitutional reform process ought to be like,
3. That laws such as POSA and AIPPA need to be repealed urgently, as they curtail civil liberties that are necessary for meaningful participation by citizens in the constitution making process. The operating environment for CSOs and the political environment in general, still need reforming.
4. That we still remain guided by principles adopted severally over time with regards to constitutional reform and constitution making.
5. That there are 3 dominant approaches from civic society in terms of engaging with the constitutional reform process:
   
   i. Those that are willing to engage, in the sense of being part of the sub committees envisaged under Article 6,
   
   ii. Those who will not be part of the Article 6 subcommittees but are intent on doing civic education work on the constitutional reform process, mobilize citizens to be aware of the process and watch over the process as it unfolds and
   
   iii. Those that believe the Article six process cannot yield a meaningful and legitimate outcome hence will not participate in it.

With regards to engagement with the constitutional reform process we:

1. Do not agree in a unitary approach in terms of engaging the constitutional reform process. To that end, we commit to doing a proper mapping exercise on who is doing what and using which approach in the constitutional reform process, in a bid to get likeminded organizations sharing capacities and harnessing resources and energies.
2. Acknowledge that the 3 approaches are not mutually exclusive of each other, as they all seek the betterment of our country - and attainment of a new democratic constitution, and should be allowed to co-exist in a manner that allows for coordination, accommodation, and information sharing - and will, to that end, all be publicized.
3. Have the responsibility to empower the people through civic education and information dissemination and should do so to enable people to make their own decisions, regardless of the approach being taken by each individual member of civic society.
4. Rally behind the position that the Kariba Draft should not be the starting point of the constitutional reform process, or be the constitution for Zimbabwe - the process should start on a clean slate.

Way forward

We therefore commit ourselves to the following as we move forward:

1. That through our different sectors and collectively, we will develop and publicize sets of principles on both the process and the content issues related to the constitutional reform process, which will bench mark the process.
2. We will get on with the business of engaging with communities on the constitutional reform process.
3. We will stay informed about what the select committee is doing, so that we can operate on the basis of knowledge, regardless of the approach that is being taken.
4. We will raise key issues on the operating environment that are inimical to a proper process on the constitutional reform process.
5. We will ensure that the process currently underway under article 6 has checks and balances, by encouraging the 3 approaches mentioned above, and will not allow our diversity to lead to paralysis or fragmentation
6. We will allow the existing coalitions to act as the areas of convergence - for the divergent views and positions.
7. We will encourage tolerance and respect of divergent views and approaches, knowing that our primary constituencies are the same.

We will to that end proceed with plans to hold a 2009 Peoples Constitutional Convention on the 26th and 27th of June 2009, where at least 2000 people will be in attendance from a broad church of civic society groups.

The coordinating committee that convened the conference will convene the convention, and thematic clusters will henceforth begin coordination towards the convention, which will have the following as its objectives:

1. To prepare civil society in its different hues for meaningful engagement with the different processes associated with the constitutional reform process.
2. To define or adopt civil society principles on constitutionalism (both process and content)
3. To encourage a strategic, mutually reinforcing co-relationship between the 3 approaches mentioned above.
4. To begin the process of having well coordinated and organised broader civic society strategic engagement with the constitutional reform process, in a bid to aim for a strategy to achieve a people driven and democratic constitution in Zimbabwe.
5. To develop a consensus position on self-executing clauses on when the constitution comes to life and transitional arrangements around the next election.

The Convention will be open to all willing proponents of the 3 approaches discussed at this conference.

Declared in Harare on the 3rd Day of June 2009.

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