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(HERALD) Constitution: The vultures are circling

Constitution: The vultures are circling
In Parliament with Tendai Hildegarde Manzvanzvike

‘‘EVERY man has a right to decide his own destiny, in this judgement there is no partiality,’’ sang reggae icon, Robert Nester Marley in his classic song, Zimbabwe that ably captures the political dynamics in Zimbabwe to this day.

A people-driven constitution is one of the few testaments a people can use to declare that they are wholly responsible for defining their destiny.

Constitution making is not a "kiya-kiya" process. It calls for mindsets whose objectives are set on achieving a similar goal.

It is also not a process that should be hurried in order to fulfil objectives that would in the end defeat the whole course of its original aim.

There could be teething problems along the way, but if those problems make the crafting teams depart from the norms and values of democratic procedures, then questions are raised whether Zimbabwe is building a sound house or just deck of cards.

It is also not a partisan affair, and neither is it an affair confined to certain interest groups, for instance the ubiquitous non-governmental organisations.

A constitution is a document that should outlive the current generation and generations to come.

It is also not a document that is meant to satisfy certain agendas or populist views.

This analysis looks at some of the challenges that are already dogging the constitution making process led by Honourable Members from our two Houses of Parliament, problems which if not nipped in the bud, will derail the whole programme and render it a non-event.

The nation needs answers why corruption has become a talking point when the process is still in its early stages.

Why for example are there reports that the number of accredited delegates was way above the official figure, and that it was oversubscribed by more than 300 uninvited guests?

Allegations are that all the extra guests were fraudulently accredited?

Is the allegation being levelled at the three political parties’ co-chairpersons are accurate that they smuggled in these extra "delegates", what is their response?

The nation also wants to know what these extra delegates were supposed to contribute.

Further, it would be prudent if the nation is fully informed on how much it cost COPAC to bring in these ghost delegates, since a view that this was freebies galore is doing the rounds.

In addition, it is important for COPAC to explain to the nation why the process continues to be delayed? What are the challenges causing these delays?

Some villagers have already complained that the rainy season was late, and their priorities right now is their agricultural activities.

So, if people will be busy working, how will the outreach programme be effected?

People need to be regularly updated on the time plan and the accomplishments expected after each stage of the process.

After the 1999 – 2000 constitutional-making process, people understand that undertaking such a mammoth task is no mean business, but turning it into money-making venture for some, or giving an upper hand to certain groups will not result in a people-driven constitution.

The end-document should start with the people and end with the people.

It should not be a document whose contents are force-fed on the people for adoption, when their interests are not reflected, and when small-interest groups’ interests override the people’s wishes.

What Zimbabwe strives to come up with is not a document where the one who pays the piper, calls the tune.

The influence of donor funding in this constitution-making process will testify whether a decade after rejecting another draft constitution will show the world that Zimbabwe is a maturing democracy.

Finally, this writer touches on an element that seems to be taken for granted, but whose consequences could be dire for the nation — the gender factor in the constitution-making process, as women continue to feel that they are being left out in the cold, thereby compromising their contributions in key decision-making areas.

Politicians who want to be honest with themselves will acknowledge that the female vote cost the 2000 draft constitution. Analysts allege that some anti-women events leading up to the 2000 referendum actually helped women to mobilise against the "Yes" vote. A proper introspection will reveal the woman element in that referendum, just as it does with every other election.

Since this process started, and since women have been arguing on proportional representation as set out by Sadc and the United Nations, their concerns seem not to be addressed adequately, even at party level.

The Herald reproduces below a signed petition on women’s representation in governing bodies under the Global Political Agreement drafted by more than 100 participants at a conference on "Zimbabwean women in transition" held on April 7 in Harare.

The petition was handed to high level representatives of all three political parties in the GPA on April 8, 2009.

Petition on women’s representation in governing bodies under the Global Political Agreement.:.

"We, the undersigned;

"Cognisant and respectful of the Global Political Agreement as the guiding policy and framework document for the operation of the Inclusive Government responsible for governing the nation of Zimbabwe during the transitional phase;

"Recognising the establishment of the bodies and institutions set up to oversee the implementation of the undertaking contained in the Global Political Agreement, namely the Joint Monitoring and Implementation Committee, the National Economic Council, the Select Committee of Parliament on the Constitution and the Organ on Equality, National Healing, Cohesion and Unity;

"Noting that the Global Political Agreement undertakes to ensure gender parity and non-discrimination in the policy frameworks, constitution of transitional bodies and implementation of its provisions;

"And further noting that the main oversight body namely JOMIC already has gaps in gender representation of the body itself and the role of chairing this implementation body;

"Concerned that gender based discrimination and the low representation of women in other transitional bodies and processes is likely to continue if the concerns of women are not adequately catered for;

"Therefore make the following demands:

"Ref: Select Committee of Parliament on the Constitution; We highlight to the political parties that a gender injustice already exists in the make up of the present Parliament and Cabinet, and this should not be used as a basis to perpetuate further injustices to women in the composition of the Select Committee of Parliament on the Constitution.

"We call for 50 percent women’s representation of women in the Select Committee of Parliament on the Constitution selected from the entire House.

"We recommend 50 percent women’s representation in the sub committees to be set up under the Select Committee.

"We emphasise the need for the representation of the parent ministry for gender and women’s affairs namely the Ministry of Women’s Affairs, Gender and Community Development represent women in the Select Committee of Parliament on the Constitution.

"Ref: JOMIC — It is necessary that the Principals to the Global Political Agreement ensure that this body be given, among others, gender specific terms of reference.

"Ref: JOMIC — We recommend to the JOMIC itself that this body be assisted with capacity building and delivering on this gender specific mandate.

"We call for 50 percent women’s representation in the civil society organisations incorporated in the sub-committees, which representation should be non-partisan.

"We recommend that the National Economic Council take cognisance of the social dimensions of economic development by incorporating gender experts in the sector specific teams of technical advisors.

"These demands have been endorsed by the undersigned women representing women from all over Zimbabwe as convened by the Women’s Coalition of Zimbabwe."

So much has happened in COPAC since April 2009, but proper reflection will show that the women’s complaints need to be fully addressed by all relevant stakeholders.

The people are the best judges, but they should not be forced to concluding that, corruption, greed and selfishness became the overriding factors in such an important national exercise.

l tendai.manzvanzvike@zimpapers.co.zw

Labels: CONSTITUTION, MDC

posted by MrK @ 6:03 PM