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Can Zimbabwean women afford to boycott/ignore the 2009-2010 national constitutional process?
Netsai Mushonga, Women's Coalition
May 19, 2009

National constitutions have become a necessity with the establishment of nations across the globe. Originally constitution making was a preserve of specialists, lawyers and politicians (read MEN) who would then determine how a nation would be governed. However democracy has dictated that constitution making becomes more open, participatory and inclusive of citizens in any country. The process of making a constitution has become as important as the final product itself. Countries the world over are experimenting successfully with popular participation in making national constitutions. Good examples of this are Nepal in 2007, Uganda in 1989, and South Africa in 1994-1996.

Women of Zimbabwe have lived with the Lancaster House Constitution which was wholly drafted by the former colonial power, Britain and negotiated by them and male leadership of the freedom movements then. The current constitution therefore lacks legitimacy since it was not made in a democratic way. It does not represent the interests of Zimbabweans, especially women.

The history of constitution making process in Zimbabwe has remained controversial judging by the 1999-2000 attempt by both government and civic society. The constitution writing process was initiated due to pressure from civic society when it mounted a huge campaign through the National Constitutional Assembly for a new 'people driven' national constitutional process. The government of Zimbabwe responded by appointing a Constitutional Commission with a mandate to gather information from the public in consultations, draft a new constitution and submit the final document to a referendum. The constitution writing process was government driven and chose over 400 Constitutional Commissioners to work on the process. Unfortunately the process was riddled in controversy and lack of trust between the government and civic society. Constitutional Commissioners resigned in protest when the Final Draft was released alleging that it failed to reflect the submissions from the people. The Draft Constitution was put to a referendum and people rejected it by a slim, 51% No Vote. Zimbabwe has continued to use the Lancaster House Constitution which does not enshrine the basic human rights of citizens especially those of women.

The Lancaster House Constitution does not fully secure human rights of citizens of Zimbabwe, especially women. Section 23 of the current constitution allows discrimination of women in matters of culture. This effectively robs women of their basic human rights and some of us have fallen victim to these discriminatory laws. A good example is Verna Magaya who lost inheritance of her parents house to a brother simply because she was a woman.

The national constitution making process as stipulated by Article 6 of the Global Political Agreement is already underway in Zimbabwe. The process will be Parliament driven and this has caused a rift between elements of civic society and the Government of National Unity. Parliament has already set up a Parliament Select Committee that will among other things set up subcommittees which will be chaired by MPs and made up of Members of Parliament and representatives of civic society. The Parliament select Committees will run all processes including, all stakeholders conferences, consultations and drafting the constitution which will go to a referendum.

The questions that women should answer are many. Do we participate in this process or not. What does participation mean for us? What are the implications of participate? What are the risks if we participate? What is a people driven constitutional process? What is a perfect constitution making process? Has perfection ever been reached anywhere? Can Zimbabwean women afford to ignore the constitution making process? What is the cost of non-participation?

The NCA and some civic society elements have chosen to boycott the constitution making process. Their arguments for non-participation are valid. The process is not too democratic and at worst the constitution might in the end be a settlement between the three major political parties.

For women the choices are between continuing to use the Lancaster House Constitution or negotiating another one. We are using the Lancaster House constitution which was crafted by men and negotiated by men also. Our participation levels then were 0%. This time around women already constitute 32% of the Parliamentary Select Committee that will run the process. We have a chance of getting 50% women in the various sub-committees if we move fast enough. For me the choice become obvious for women, this time around we have a say in what goes into the constitution. Why continue to use a document wholly initiated and negotiated by men?

However we need to be pro-active and move fast if we need to be included effectively in the constitution making process. Firstly we need to unite under the women's agenda across political parties, geographical areas, across various church groups, races and colours as we embark on the process of participating in all facets of constitution making.

The Parliamentary sub-committees will be selected soon and women need to submit their CVs to be included in the process. We need to raise issues of gender with the subcommittees so that our issues are adequately covered. The consultations on the constitutional process will happen across Zimbabwe. We need women in urban, peri urban , farming and rural areas ready and knowledgeable enough to participate effectively. The Parliamentary Select Committee and sub-committees need gender awareness at an operational level. How do we get women to talk and contribute fully during the consultations. Most probably women will not adequately contribute in meetings where there are men. Do we propose separate meetings? What are the gender sensitive times for the meetings? What preparations should communities have before this? Awareness raising and mobilization of women is a huge task. Are women's NGOs, female MPs and other stakeholders up to the task?

There will be two all stakeholders conferences that will make critical decisions. Women can easily be outnumbered in this process and there is need to begin to strategize in advance for equal participation.

And what were the lessons from the 1999-2000 constitution making process? Firstly women were divided between the NCA and government processes and bitter rivalries ensued. Lets us graciously accept as differences as diversity and feed into each others processes where we can. Those who are not participating can monitor the process and make it better. The 1999-2000 process also taught us that we should be pro-active and seek to influence processes before they happen.

We should also hunt for our allies and work with them. Female policy makers are such allies with vast influence in their political parties. There is a huge number of male leaders and civic society activist who can support a gender sensitive constitution making process and final product.

A national constitution can begin to guarantee the rights of Zimbabwean women who have lived as second class citizens since time immemorial. We give birth to children whom we are not legal guardians of. We do not inherit land which is the basic God given resource in the rural areas as land is passed among men only. We are forced to change names upon marriage and if you get married several times then you become several people in name!!

We can begin to secure our human rights by participating effectively in the constitution making process. Such participation means that a national constitution is not subject to traditional customary laws which sometimes reduce women's status to minors. Participation of women in making the basic laws/supreme laws of a country establishes them as citizens and promotes peace, stability and development.

National constitutions are long term documents that can guide how a country is governed for up to a century. Another opportunity for constitution making might occur when most of us are safely resting in our graves. Our daughters, grand children and great grandchildren will judge us very harshly if we do not participate and secure guarantees for ours and their human rights. Non-participation then seems to be a luxury that we cannot afford as women. I have two girl children and can't afford to stand by the sidelines as the constitution writing process continues.

Lastly people driven in Zimbabwe means women driven, we are the majority of the population, 52%.

*Netsai Mushonga writes in her capacity as a mother of two daughters

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