Sunday, September 02, 2007

Zambians could have avoided constitution impasse - HH

Zambians could have avoided constitution impasse - HH
By Mutuna Chanda and Sandra Lombe
Sunday September 02, 2007 [04:00]

UPND president Hakainde Hichilema has said Zambians could have avoided the route that the constitution-making process has taken. And NGOCC has expressed disappointment over President Levy Mwanawasa's assenting to the National Constitutional Conference (NCC) Bill. Commenting on the NCC Bill which has since become law, Hichilema said Zambians could have avoided the route the constitution-making process had taken if they had not voted the MMD back into power in last year's general elections.

"We had promised to deliver a constituent assembly within 90 days of taking office had we been voted in. We ask the people of Zambia to consider carefully when voting leaders in 2011; we could have avoided this last year had the people of Zambia not voted for the MMD. We need a new generation of leaders," Hichilema said. "The same tricks that were used to trick the people on the constitution are the same tricks being used now."

He said the composition of the conference as provided in the Bill was worrying and that this was a struggle that all Zambians needed to continue with.

"If the MMD are let to be in the majority then they will carry the day. But what can Hakainde do alone? We need to stand united and ensure we achieve a balance," he said.

Hichilema said the merits of boycotting the NCC must be discussed.
And Non-Governmental Organisations Coordinating Council (NGOCC) executive director Engwase Mwale said President Mwanawasa should not have gone ahead to sign the Bill.

"We are very, very disappointed that the President has gone ahead and accepted the process, the process not agreed with the people," she said. "It was very clear that people were calling for a consultative process."

Mwale said NGOCC wanted issues of women's rights and discrimination against women addressed in the constitution but that as things stand, these provisions were at stake.

"The draft constitution is very progressive as it would address women issues in Zambia. Despite our efforts to government that the Mung'omba draft constitution should have been adhered to, we saw the departure in many angles," she said.

Mwale said the outcome of the NCC would be more or less predetermined.

She said NGOCC might have to reconsider its position on the Bill as the current NCC position looks fraught and may hinder the participation of the majority Zambians.

"We expected the President to listen to the concerns of the people. We expected him to do something better and not assenting and giving people what is not right," she said. "This clearly demonstrates that they feel that their way is what they will proceed with. It's a way backwards."
Mwale said President Mwanawasa being the SADC chairman should have led by example by correcting the situation in his country.
She said NGOCC would decide on what position to take over the issue, especially that women's rights, discrimination against women and children's rights were at stake in the process.

Southern Africa Centre for the Constructive Resolution of Disputes (SACCORD) said it was unfortunate that the President assented to the NCC Bill before consensus could be reached.

Habasonda said Zambians had lost another opportunity to have a good constitution.

"It's unfortunate that when governments in Zambia decided on what to do they tend to bulldoze their way," he said. "The most unfortunate is we are making rules and laws to serve future Zambian children. The Zambian people are to lose again."

Habasonda said civil society would have to decide whether to accept the piecemeal constitution or not.

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