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Intimidation hits constitution-making - Legal Monitor Issue 49
Zimbabwe Lawyers for Human Rights (ZLHR)
June 14, 2010

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The outreach programme for the parliament-led constitution-making process is expected to finally take off this week although reports of intimidation in the countryside are more than likely to affect the acceptability and outcome of the process.

Douglas Mwonzora, a co-chair of the Constitutional Parliamentary Committee (COPAC) confirmed to The Legal Monitor last week that all the logistics had been organised, paving way for the 90-day outreach programme which was legally supposed to have started in November last year.

"We have heard reports of intimidation but we hope the police are ready to deal with those unruly elements behind it so that the outreach programme is finished on time," said Mwonzora.

The constitution-making process is already way behind schedule. Funding problems, disagreements, lack of accountability and reliable information, and political interference by the management committee (comprising the GPA negotiators and the Minister of Constitutional and Parliamentary Affairs) have continuously stalled the process.

The new constitution was supposed to have been completed by July this year.

The proposed new constitution is one of the requirements of the September 2008 interparty power-sharing deal amongst President Robert Mugabe, Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara.

Those who support this process argue that the new governance charter will pave way for free and fair elections, guaranteed human rights, strengthening of the role of Parliament and curtailment of presidential executive powers, as well as guaranteeing media freedoms, and civil, political, social and economic justice. There is no clarity on whether the agreed constitution will be amended by Parliament after the people have spoken, and there is no legal requirement for the transitional government to call new polls immediately after a new constitution is in place.

A new constitution would replace the current Lancaster House Constitution written in 1979 before the end of the liberation war. The charter has been amended 19 times since independence in 1980. Critics say the majority of the amendments have served to reverse protections of fundamental rights and freedoms, and to further entrench the current President's hold on power.

But there have been growing worries that, given reports of violence and intimidation, the outreach process will not reflect people's wishes.

Last week, the Zimbabwe Congress of Trade Unions (ZCTU) described the constitution making process as a 'farce' "We reiterate that the current constitution-making process is a farce and call for it to be halted as we are not guaranteed that the views of the people will be taken into consideration," said Japhet Moyo, the ZCTU acting secretary general.

The largest labour body in Zimbabwe has suggested that Parliament should enact Constitutional Amendment No. 20 to pave way for internationally-monitored presidential elections, after which a new constitution can be drafted.

The MDC-T last week said in places like Manicaland, Midlands and Matabeleland South intimidation had increased ahead of the launch of the outreach programme, and that there had been "... a spirited attempt in recent weeks by the police to harass and arrest MDC supporters charges of undermining the President."

"In Matabeleland North province, the police have rejected notifications made by the MDC to have 'Real Change Rallies'... Soldiers from Perseverance Barracks in Chakari, Midlands, are harassing and intimidating known MDC supporters threatening to kill them if they participate in the forthcoming constitutionmaking process."

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