The Solidarity Peace Trust have released a new report and a film titled ‘Poverty on Top of Poverty’ today. The report, titled ‘A Fractured Nation: Operation Murambatsvina – five years on‘ follows up previous Operation Murambatsvina research conducted by SPT in 2005 and 2006, and builds on their narratives of the lives of particular families and informal settlements from 2005 to 2010. SPT write: “The story is a grim one, with many of those we remembered now prematurely dead, and others living in unspeakable poverty”. The full report can be downloaded from the SPT website here. (more…)

These are media extracts relating to the constitution outreach process, appearing between 22 July – 28 July. To review previous news items, or follow updates daily, please visit the Constitution Resource page on the Sokwanele website. Please note that links to sources and full articles are also available on the resource page. These extracts are being emailed to our subscribers today – click here to sign up for our newsletter.

22 July 2010 - cont

CIO teams up with Zanu PF youth to intimidate villagers

In Mazowe South, Mashonaland Central province, a Central Intelligence Organisation operative, Alexander Kanengoni has teamed up with Zanu PF youths in the area to intimidate villagers against attending the Constitution Parliamentary Select Committee (Copac) meetings. The threats saw a very low turnout of people on Wednesday at Chaona business centre in the area. In Zhombe East, Midlands North province, an army officer Duncan Mahofa, well known as Major Mpofu, has been intimidating villagers threatening to beat up suspected MDC members if they continue contributing in the constitution making outreach meetings [Via MDC Today - 22 July 2010]

Zimbabwe Constitutional Committee Probes Reported Intimidation in Public Meetings

Reports continue to emerge from Zimbabwe’s constitutional revision outreach process that alleged state security agents are intimidating members of the public and monopolizing meetings intended to solicit comment from Zimbabweans as to what they would like to see in the country’s new basic document, especially in Mashonaland West province. Sources in the provincial capital of Chinhoyi said state agents on motorbikes and in cars without number plates are going from meeting to meeting, dominating discussions and taking notes of comments by members of the public. Co-Chairman Douglas Mwonzora of the parliamentary select committee in charge of constitutional revision says his panel has noted the complaints and has been investigating. He declined to report findings to date [Via VOA News]. (more…)

The constitution outreach programme resumed this week after a one week break. These are media extracts appearing between 19  July – 22 July. To review previous news items, or follow updates daily, please visit the Constitution Resource page on the Sokwanele website. Please note that links to sources and full articles are also available on the resource page. These extracts are being emailed to our subscribers today – click here to sign up for our newsletter.

19 July 2010

‘War vets’ want members to be apolitical

An organisation representing former freedom fighters says it wants its members to be apolitical and is fighting to have this included in the new constitution. The Zimbabwe Liberation Platform, ZLP, a liberal organisation that claims to be “a progressive section of former independence war fighters championing democracy and social equality” told The Zimbabwean that war veterans needed to regain their independence to avoid being manipulated by selfish politicians. Chairman of ZLP, Maxwell Mkandla said his organisation will demand radical changes to the War Veterans Act and call for the scrapping of all constitutional provisions that give ex-combatants preferential treatment ahead of every other Zimbabwean. The War Veterans Act provides for a monthly pension for life, free education for the former fighters children and for 20 percent of land acquired by the government to be reserved for ex-combatants among other benefits. “We now have a situation where some of those who participated in the armed struggle are holding the nation to ransom with endless financial and other demands as if they are a special breed of Zimbabweans.” Mkandla said. “That has to come to an end if we are to progress as a nation and the new constitution should guarantee that,”. [Via The Zimbabwean]

Association threatens No Vote if disabled needs are left out

Rehabilitation Technicians Association of Zimbabwe has resolved to oppose the constitution draft document during the referendum if the disabled are discriminated from participating in the on- going constitution making process. The Association members who met recently at St Giles Rehabilitation Centre to deliberate issues concerning the plight of the profession and those of the disabled people said they were not happy with the way The Constitution Parliamentary Committee (COPAC) was treating the disabled at the on-going constitution making process. “It has come to our attention that the disabled are being sidelined in the on-going constitution making process, and we want to put the record straight that we are definitely going to advocate for a NO vote to the draft constitution come referendum time if this continues. “We want to urge COPAC to respect the views of these people and recognise the injustices done to them. As rehabilitation technicians we value the rights of the disabled because that’s the people who make us exist. What we are saying is that the rights of these people should be captured in the new constitution,” said the Association’s Bulawayo province representative Hillary Chibaya in an interview. At the start of the outreach, COPAC in Matabeleland discriminated a disabled member of the team against attending the induction programme that was being held on the first floor of Governor Angeline Masuku’s offices [Via The Zimbabwean]. (more…)

The MDC-T have today published their constitution principles via their official newsletter, ‘The Real Change Times‘.

• The Preamble must acknowledge the supremacy of God, and recognise our diversity.
• It must acknowledge our heroic resistance to slavery, colonialism, racism and domination. It must exalt the brave men and women who sacrificed their lives duringthe Chimurenga/Imfazwe national liberation struggle and those who have fought to complete the ideals of the liberation struggle

FOUNDING PRINCIPLES OF THE CONSTITUTION

• Authority of the people; human rights; national unity, peace and stability; democratic principles; rule of law; good governance.

CITIZENSHIP

• The Constitution of Zimbabwe should allow for dual citizenship at the very minimum.
• Citizenship can be attained through residence or marriage.

BILL OF RIGHTS

• The MDC believes in a Constitution with a strong and expanded Bill of Rights. These include the Right to life; Freedom from slavery and forced labour; Right to personal security; Right to personal liberty; Freedom from torture and inhuman or degrading treatment; Freedom from discrimination; Freedom of the press and media; Freedom of speech and expression; Right to language and cultural life; Freedom of assembly and association; equality before the law; fairness in civil proceedings; Right to information; Right to just administrative action; Rights of children that abolish all forms of child labour; Rights of women; Right to property; Right to health care, food, water and social security; Right to education; Right to privacy; Political rights; Worker’s rights; Right to a clean environment.
• Provisions in the Bill of Rights can only be amended through a referendum. (more…)

The constitution outreach programme was suspended for the past week to allow parliamentarians to attend the opening of Parliament on Tuesday last week. These are media extracts appearing during this week – 12 July -18 July. To review previous news items, or follow updates daily, please visit the Constitution Resource page on the Sokwanele website. Please note that links to sources and full articles are also available on the resource page. These extracts are being emailed to our subscribers today – click here to sign up for our newsletter.

12 July 2010 – cont

Constitutional outreach program breaks for one week

The countrywide constitutional outreach program has been suspended for a week to allow parliamentarians to attend the opening of the second session of the seventh Parliament on Tuesday. President Robert Mugabe will officially open the session. According to the clerk of parliament, the session is also expected to facilitate the presentation of the mid term budget review statement by the Minister of Finance, Tendai Biti, on Wednesday. Our correspondent Simon Muchemwa told us the COPAC management committee will use the break to carry out a post mortem of the exercise since it was launched last month [...] The outreach program is expected to resume on Sunday [Via SW Radio Africa]

Shut your mouth or else

This article from IRIN highlights intimidation tactics used by Zanu PF youths: “… for the past two months the members of the youth militia aligned to President Robert Mugabe’s ZANU-PF party – have been warning villagers to either shut up or support ZANU-PF’s view on the new constitution, which includes no limit on the number of presidential terms that can be served. They have dubbed their operation “Vhara Muromo”, or Shut Your Mouth [...] “I am a victim of the June 2008 elections and still live in fear,” Mukotosi told IRIN. “Even though we were living in peace following the formation of the inclusive government [in February 2009, when ZANU-PF and the two factions of the MDC formed a coalition government], the ghost of violence and fear is returning. I am not taking any chances; these militia stole and killed my cattle because they thought I was a member of the MDC, since my son works in Harare [the capital, an MDC stronghold]. Now I will not participate in the constitution-making process because they might kill me and my family this time,” he said [Via IRIN]. (more…)

The Research and Advocacy Unit (RAU) have circulated an article (written by Derek Matyszak) focussing on the unconstitutional composition of Zimbabwe’s Ministers. They conclude that this is a case to watch very carefully, even if its one that has slipped under the radar.It’s especially salient during this time of constitution-making in Zimbabwe.

Reporters and commentators on the outreach process have on several occassions flagged the possibility that the entire constitution process might end, not with the people’s views and opinions being enshrined into a legal document, but in a negotiated settlement in a back room somewhere between suited representatives of political parties. Zimbabweans have reason to be concerned because there is a recent precedent for this sort of tactic; namely, the Global Political Agreement which led to constitutional amendments that in turn would allow for shared power. (more…)

On Friday 13 February 2009, at a ceremony at State House attended by various international dignitaries, 35 individuals from ZANU PF, MDC-T and MDC-M were purportedly sworn in as Ministers by the President. On Thursday 19 February 2009, the process was repeated, with a further six individuals taking the oath. The result was that a total of 41 persons took the oath of office as Government Ministers, swearing to abide by the Constitution and laws of Zimbabwe. However, Article 20.1.6(5) of Schedule 8 to the Constitution provides that:

There shall be thirty-one (31) Ministers, with fifteen (15) nominated by ZANU PF, thirteen (13) by MDC-T and three (3) by MDC-M.

Accordingly, once 15 ZANU PF nominated Ministers, 13 MDC-T nominated Ministers and 3 MDC-M Ministers had entered into office, the constitutional quota of 15 ZANU PF, 13MDC-T and 3 MDC-M Ministers (31 Minister in total) appeared to have been filled. The basis upon which 10 additional Ministers (referred to in what follows as “the extra Ministers”) were sworn in thus becomes questionable. These 10 Ministers were John Nkomo, Gibson Sibanda, Saviour Kasukuwere, Joseph Made, Walter Mzembi, Flora Bhuka, Slyvester Nguni, Henry Madzorera, Giles Mutswekwa and Sekai Holland.

Until recently, no formal objection appears to have been raised in any quarter about these questionable appointments. On the 7th May, 2010, however, one Moven Kufa (describing himself as a Zimbabwean citizen and civil society activist) and the Voice for Democracy Trust (which has amongst its objects the promotion of democracy in Zimbabwe) filed papers in the High Court challenging the constitutionality of the appointment of the extra Ministers. The Ministers cited as Respondents to the Application are eight of the 10 who subscribed to the oaths of office after the quotas set out in Section 8 had been reached. Two of the ten were not cited – John Nkomo, who has since taken up office as Vice-President and Gibson Sibanda, who ceased to be a Minister by virtue of having no seat in parliament within three months of his appointment (a constitutional requirement). (more…)

These are media extracts featuring news on the constitutional outreach process between 7 July and 12 July. To review previous news items, or follow updates daily, please visit the Constitution Resource page on the Sokwanele website. Please note that links to sources and full articles are also available on the resource page. These extracts are being emailed to our subscribers – click here to sign up for our newsletter.

7  July 2010 - cont

COPAC endorses ZZZICOMP, dismisses state reports

Contrary to what has been reported in the media, COPAC remains fully committed to the engagement of civil society in this programme. To demonstrate its commitment to dialogue, COPAC held a well attended meeting with leaders of Civil Society in the Senate Chambers at Parliament building [...] The meeting was very fruitful and addressed the concerns of both Civil Society and COPAC regarding the carrying out of the monitoring exercise. In summary, Civil Society was worried about the negative statements which were appearing in the press regarding the work in this vital process. They were also worried about the safety of their personnel as well as their ability to discharge their duties without fear of harassment. On the other hand COPAC demanded that mechanisms be put in place to enable both parties to identify genuine monitors from bogus ones. It was stated that certain elements bent on destabilizing the process were masquerading as monitors from civil society. These people had apparently produced fake talking points. After frank discussions, it was agreed that:- * Civil Society was free to deploy observers to observe the Constitution making process. All personnel on the ground would co-operate as much as possible with these observers. The total number deployed would be made known to COPSAC; All observers would be issued with accreditation cards to identify them as such in the event of enquiry; *A comprehensive code of conduct to govern the conduct and ethics of the observers was drafted and agreed upon. Every monitor would sign this code of conduct; *Civil society is free to approach COPAC leadership on areas of concern [Via COPAC Press Release].

No accountability, no reconciliation: Sibanda

Zimbabwe cannot achieve lasting peace or true reconciliation until perpetrators of human rights abuse are held to account and the structures of political violence dismantled, a top politician has said. MDC-M deputy president Gibson Sibanda predicted more political violence in the next elections, saying the new constitution the country is drafting cannot on its own end violence while the structural, political and social factors that have fuelled the cycles of politically-motivated hostilities of the past remain unresolved. “The failure to hold accountable those responsible for each episode of political violence has subsequently become part of the national fabric ensuring the continued use of violence,” said Sibanda, who is a member of the government’s Organ on National Healing and Reconciliation [Via The Zimbabwean]. (more…)