Women of Zimbabwe Arise (WOZA) applaud the drafting team for the work they have done on the draft of the Constitution and encourage them to swiftly deal with parked issues and submit the draft to the second stakeholder’s conference without further delay.
WOZA has continuously engaged its members to debate constitutional issues and in December 2010 released a report capturing the responses of members to the Constitutional Outreach questions to the 26 thematic areas prepared by the Constitution Parliamentary Select Committee (COPAC). The report followed a 15 month consultative and civic education process. This work captured the views of urban and rural members numbering 10 361 (9213 women and 1148 men) from the ages of 14 to 93 years were included.
WOZA recognize that this work demanding constitutional reform has paid dividends as we see some of our demands reflected in the draft. We welcome in particular the following positive inclusions:
• Justiciable rights, including socio-economic rights
• Prohibition of discrimination against women on the basis of customary law
• A single executive head of state, eliminating the prime minister position
• A limit of two terms on the President • Provision for proportional representation in the National Assembly and the Senate
• Down-grading the Attorney- General to legal advisor of the government and establishment of an independent prosecuting authority
• Independent Electoral Commission to take control of voter registration and the voters’ roll
• Appointments of key personnel and commissioners of independent commissions on the recommendation of a Parliamentary Public Appointments Committee, which will subject candidates to public interviews
• Requirements for all public officers to declare all their assets at regular intervals
• Depoliticisation of the public service, judiciary, and security sector
• Amendment only by means of a referendum
We regret the following provisions of the draft:
• Presidential immunity while in office – this puts the incumbent above the law
• Lack of maximum age limit for the President
• The large size of the National Assembly – we cannot afford such extravagance
• The large size of the Cabinet – we would prefer to cap it at 200.
• The inclusion of chiefs in the Senate – if they belong anywhere it is in the Provincial Assemblies
• The inclusion of the TRC only as a transition mechanism and permitting it to grant immunity in exchange for confessions
We are deeply concerned that the following issues are yet to be resolved:
• Devolution of power to elected Provincial and Local Authorities; these must be a mainstay of our democracy which brings government closer to the people, decentralising decision-making and control of resources
• The matter of number of Vice Presidents – we obviously only need and can only afford one and cannot be swayed by ZANU PF internal politics
• The number of seats in the national Assembly and the Senate
• The issue of dual citizenship
Whilst WOZA is happy that some progress has been made we are concerned that this draft leaves hanging a key demand of Devolution of power. The whole Chapter 14 ‘Provincial and Local Government’ is parked and WOZA are concerned that the negotiation process must not be made public.
As the first draft is being rewritten we expect these issues to be addressed and place on record that we will be watching closely that the letter and spirit of the reform process remains true to the needs of Zimbabweans.
WOZA applaud the progress, but are worried about the principals putting ego before principle. We call on them to suppress their egos and allow the parked issues to be urgently resolved. WOZA especially call on the MDC who claim to represent the majority of Zimbabweans to refuse to concede on the issues of Devolution; they have conceded enough already; any more will constitute a form of betrayal.
WOZA will be watching and will not stand by and allow politicians to hold the process hostage for the sake of political survival or greed for power at all costs.
WOZA call on members of the press to realize that this a pivotal moment in our history and report responsibly on content and process without sensationalizing issues. Zimbabweans need hope that the new constitution will bring a new era of dignity, respect and tolerance.
We look forward to the Second All-Stakeholders’ Conference which will provide feedback to the drafting team and recommend changes/ alterations before the final draft is presented to parliament and gazetted. We will resist any attempt to fast-track this process.
WOZA call upon the international community led by the United Nations Development Programme (UNDP) who funded the outreach process to make sure that organisations are permitted to conduct civic education on the draft in a free environment allowing meetings and discussions. WOZA therefore call upon the principals and leaders of all political parties to demand the immediate enforcement of the GPA requirement on ensuring the security of persons.
WOZA also demand an immediate end to politicisation of the judiciary and security forces and an end to police and military occupation of our streets and a direct attempt to abuse our right to peaceful protest and freedom of assembly and expression!
WOZA is aware that a constitution by itself cannot bring change. Change will only come if there is political will to implement a constitution. It will be the responsibility of all Zimbabweans to ensure that their politicians are committed to implementing any constitution approved by the voters. WOZA commits to taking all appropriate measures to ensure that our new constitution reflects the desire of Zimbabweans for peace and democracy.
Note: The report was entitled: The Rising of the women means the rising of the nation – No more poverty and starvation, many sweating for a few to benefit. http://wozazim.org/wp- content/uploads/2010/11/woza-presentation-to-copac-291110.pdf