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ZEF diaspora constitutional reform symposium resolutions
Zimbabwe Exiles Forum (ZEF)
June 27, 2009

We, the Diaspora organisations and individuals participating in the Zimbabwe Exiles Forum (ZEF) Diaspora Constitutional Reform Symposium under the theme "Ensuring the inclusion of the Zimbabwean Diaspora in the Constitution-Making Process" held in Johannesburg, South Africa on the 27th of July 2009,

Noting that a significant number of Zimbabwe's problems can be attributed to an imperfect constitution and the lack of Constitutionalism in the country;

Acknowledging the importance of a new Constitution for Zimbabwe during the transitional period;

Affirming our commitment to Article 3 of the Peoples' Charter in respect of constitution making;

Recognising the contentious nature of the Constitutional Process in Zimbabwe and the need for ensuring that the process is a legitimate one in terms of popular legitimacy;

Mindful that Article 6 of the Global Political Agreement between the major political parties envisages the creation of a new constitution for the country, the process of which must be inclusive, democratic as well as owned and driven by the people of Zimbabwe; and

Concerned that National Healing and Reconciliation for sustainable solution through truth, accountability and redress is made difficult by the continued existence of the apparatus of repression and the continuation of politically motivated prosecutions, torture and other human rights abuses under the Government of National Unity (GNU);

Now Therefore Resolve as Follows:

1. That Diaspora organizations and individuals should immediately start engaging exiles and Diaspora groups and to campaign for a people-driven and inclusive process, taking into cognizance the concerns of the over 4 million Zimbabweans outside the country;

2. That Diaspora organizations should start extensive civic education and distribution of literature regarding the process and content of the envisaged Constitution;

3. That Diaspora formations should unite to demand dual citizenship to enable Zimbabweans abroad to assist in rebuilding their country without fear of losing their citizenship in host countries;

4. That entities within the Diaspora should demand that the right to vote be entrenched for all citizens as a fundamental right, and that the Diaspora franchise be recognized specifically;

5. That a new constitutional environment should entail an acknowledgement by the GNU that truth and justice are preconditions for sustainable reconciliation and that the healing and reconciliation process should promote accountability as an integral component for ending Zimbabwe's endemic culture of impunity;

6. That the GNU puts in place guarantees that those who would want to go back home, either to participate in the Constitution-making process, or for some other lawful reason, will not be subjected to arbitrary arrest, abductions and/or torture or harassment in any other form, or be subjected to a compromised judiciary system;

7. On some content issues, that the Diaspora (in collaboration with other civil society organizations in Zimbabwe) should campaign vigorously for the entrenchment of among others, socio-economic rights, media freedom, judicial independence, right to dignity and criminalization of torture as well as other fundamental rights;

8. That with others in Zimbabwe, the Diaspora should campaign for Constitutionalism that recognizes the importance of the separation of powers and devolution of power from the Executive, in particular the powers of the President that are too sweeping in nature;

9. That once given, the peoples' views should be held supreme and sacrosanct; and

10. That the Diaspora demands free and fair elections immediately following the putting in to place of a democratic, people driven constitution.

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