Maravi

Levy, NGOs and civil society

Levy, NGOs and civil society
By Editor
Thursday July 12, 2007 [04:00]

Sometimes it may be very difficult for one to believe that President Levy Mwanawasa is actually a lawyer after listening to some of his statements. Levy yesterday said non-governmental organisations (NGOs) are breaching the law by participating in the constitution- making process because their objectives do not allow them to engage themselves in politics. He said he was happy that all political parties had agreed to lead the constitution-making process instead of NGOs and the civil society. Levy said NGOs should not concern themselves with government matters.

Levy further said: "We have decided that this constitutional process should be led by political parties and unfortunately this has to be so because I have met so many NGOs and civil society and although I made constructive suggestions which they accepted during the meetings, they went out to reject and renounce everything they told me and to call me all sorts of names."

It is surprising to hear Levy say that NGOs and civil society members have no role to play in the constitution-making process and that if they try to involve themselves, then they will be participating in politics. Of course we know that a constitution is both a political and legal document. But there is nothing political about its making process.

Levy, as a very senior lawyer, should know that a constitution is for all the people of Zambia and not just politicians. In fact, the constitution-making process is not a government responsibility. It is the people's responsibility using government as the facilitator. This is why the preamble of the Constitution states: "We the people of Zambia, by our representatives assembled in our Parliament, having solemnly resolved to constitute Zambia into a sovereign democratic Republic...do hereby enact and to give to ourselves this Constitution."

From this preamble, it is clear that it is Zambians who resolve to give themselves a constitution, be it a good or bad constitution. It has never been a responsibility of politicians to give Zambians a constitution.

Now Levy is saying that he is happy that politicians will lead the way in this process and that NGOs and other civil society organisations will have no business with this process because they are not involved in running the affairs of government.

It is statements like this that erode people's confidence in politicians, especially with their involvement in a process like the one under discussion. A constitution is a people's document, be they politicians, civil society or NGO leaders and members, they are all required to be involved in making laws for themselves.

What we know is that for a constitution to be legitimate, it must be respected by all the people whose affairs it is meant to regulate. A constitution will never command people's loyalty if they do not respect it. And if the Constitution has to command people's loyalty, the people - not politicians alone - must be involved in its making process. This is a pre-requisite for the legitimacy of the Constitution; people must be involved in scrutinising both the content and form that constitution will take. The Constitution will only become the people's property if they are involved in its making process. Anything short of this is an imposition on Zambians.

And clearly, Levy and his fellow politicians are determined to impose a constitution on Zambians like other politicians before some of them did. This is another tragedy in the making! Once more, the wishes of the majority of Zambians will be overshadowed by those of the selfish and greedy minority in government and beyond. However, a constitution that is not representative of people's desires and wishes will remain remote to their lives and thinking. It will be illegitimate, an imposition on the people.

In our view, no one should own or hijack the constitution-making process. This is the people's process through their chosen representatives arising out of genuine consensus. If there is consensus on who takes the lead, it will really not matter if it were politicians or civil society in the forefront.

And Levy should not be under the illusion that NGOs and civil society members have nothing to do with the constitution-making process. They are Zambians first and foremost with equal rights to have an input in their national constitution. Yes, sometimes they may not conduct themselves in the manner that Levy would want or appreciate, but this does not mean that the Constitution should be prepared to their exclusion. If NGO and civil society leaders are being inconsistent or unnecessarily difficult, let him isolate these issues and deal with them squarely. If these NGO and civil society leaders are agreeing with him in the privacy of State House walls and renounce their agreements in public, let him expose them for what they are but they will remain part and parcel of the constitution-making process because they are morally and legally entitled to decide their own destiny.

Levy should learn to be tolerant and accommodate divergent views, including those that may irritate him. It will never be illegal for Zambian citizens to participate in their own affairs, especially the formulation of their constitution.

These are the things that are stalling progress in the constitution-making process. Instead of spending time on the more difficult things, why argue about obvious things like who will lead or be part of the process?

Labels: CONSTITUENT ASSEMBLY, CONSTITUTION, CONSTITUTIONAL CONFERENCE, EDITORIAL, MWANAWASA, NGOs

posted by MrK @ 4:21 AM