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This article participates on the following special index pages:

  • New Constitution-making process - Index of articles

  • Civil Society diverse views on the draft Constitution
    Zimbabwe Human Rights NGO Forum
    March 12, 2013


    On 31 January 2013, Zimbabwe’s Parliamentary Select Committee (COPAC) published the final draft of the Zimbabwean Constitution with 345 sections. The Draft will be contested in a Referendum listed for the 16th March 2013. In this Special Edition, we present some of the views emanating from the Zimbabwe Human Rights Forum Secretariat, members and partners on this Draft. These views include:

    Transitional Justice

    There are many aspects of the draft that are relevant to Zimbabwe’s transitional justice discourse. The Forum presents this brief analysis on the key issues related to transitional justice in Zimbabwe. Please follow the link for the Full Report

    Human Rights and the Draft Constitution

    The Research and Advocacy Unit (RAU) discuses two basic and contrary models for the crafting of constitutions in circumstances similar to those facing Zimbabwe after 15th September 2008. The first one is a “transformative” approach in which the constitution makers try to change essential elements of the constitutional culture – to make life different in the future – the other is a “preservative” approach which attempts to protect longstanding practices. Article VI of the GPA explicitly indicates that the intention of the agreement is that a transformative constitution is to be drafted which “deepens” democratic values in Zimbabwe.

    Views from the media

    The mass media are assigned an important role in political campaigns on popular votes. As the holding of a referendum on a new constitution on March 16 2012 approaches, the Media Monitoring Project Zimbabwe (MMPZ) would be carrying daily media updates on this momentous event until March 15, the eve of voting. This is aimed primarily at establishing whether the media is communicating pertinent information to the public during the final referendum campaigns. Please read the Media Monitoring Project Zimbabwe’s first of such updates for Monday, March 10th 2013, here.

    General Analysis of substantive provisions

    On 12 February, Zimbabwe Lawyers for Human Rights (ZLHR) released its final simplified analysis of the Draft Constitution approved for referendum by the Parliament of Zimbabwe on Wednesday 6 February 2013. Updating their previous analysis, which was circulated in September 2012, this final analysis provides information on the key provisions of each Chapter of the Draft Constitution in simplified form. Comments are made in relation to each Chapter – the black text indicates positive sections, while the blue text indicates areas which ZLHR believes remain problematic. In addition, the red text indicates changes which have been made to the Draft Constitution since the previous 2012 draft, either by COPAC or the principals to the Global Political Agreement. The text highlighted in yellow indicates whether the changes made are additions, removals or amendments to the previous draft. You can access the update analysis here.

    Election-related provisions

    This provisional paper seeks to analyse the provisions of COPAC’s Draft Constitution which have a bearing on elections and electoral processes. The approach adopted in this paper is that each provision which has a bearing on elections and electoral processes is identified, explained and analysed. The analysis focuses on the legal meaning of the provision and its practical implications. Special attention is paid to how any provision relates to the current law with a view to illustrating the extent, if any, to which the Draft Constitution addresses defects on electoral matters in the current constitution. As this analysis was provisional, please contact ZESN directly for an updated analysis.

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