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NCA statement on the proposed establishment of a Human Rights Commission
National Constitutional Assembly (NCA)
March 31, 2006

The National Constitution Assembly is outraged by yet another instance of the government’s piecemeal, tokenist and undemocratic approach to Zimbabwe’s urgent and dire need for comprehensive and people driven constitutional reform.

To introduce it in the form of an 18^th patch to Zimbabwe’s tattered torn, and shabby constitution, is in itself a mockery of the noble concept of human rights protection. A human rights commission established on the dilapidated and emaciated declaration of rights framework of the current constitution is an exercise in futility. What use will the commission be when the declaration of rights in the same constitution is so narrow and shallow as to literally give rights with the left hand and claw them back with the right – hence the flourishing of fascist laws such as the notorious Public Order and Security Act (POSA), and the Access to Information and Protection Act (AIPPA).

How effective can the human rights commission be when the provisions of the same constitution which subordinate human rights to executive powers remain intact? How relevant will the work of the proposed human rights commission to the life of the ordinary suffering woman and man when the same constitution does not recognise economic and social rights such as the rights to food, health and education?

Of what use will the proposed trendy re-naming of the Ombudsman to the Public Protection be when the same constitution does not recognise the rights administrative justice and the right to information held by the state? What improvements will the establishment of the commission bring to Zimbabwe’s compliance with international human rights standards when the same constitution prevents the direct application of the same standards, against the failure of the government to meaningfully incorporate the same.

When the government bulldozed the 17^th amendment did it not know of the need for a Human Rights Commission? If the proposed human rights commission is established – what becomes of the need for a gender commission and equal opportunities, a media commission, land commission etc, and the whole host of other constitutional reforms that are needed.

The last thing Zimbabweans need is to have paternalistic drops of constitutional reform doled out to them at the whim of the government. Zimbabweans have a right to craft their own new and democratic constitution.

The NCA rejects a partisan rights commission designed merely to serve as an additional bureaucratic ruling to prevent and delay Zimbabweans from mounting human rights complaints in the international arena which offers their only hope.

The NCA fears that such an amendment will also serve as a vehicle for more sinister amendments designed to keep the government’s grip on power.

No to piece-meal constitutional amendments. A new Constitution, For all, By all, Now!

Fungayi Jessie Majome
NCA National Spokeswoman

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