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Constitution of Zimbabwe (COPAC Draft, 17 July 2012 - highlighting changes resulting from political compromise)

2.4| Fostering of fundamental rights and freedoms

Nov 27, 2012 - Comments: 0
Constitution of Zimbabwe (COPAC Draft, 17 July 2012)
This clause was not amended by ZANU PF

The State must take all practical measures to protect the fundamental rights and freedoms enshrined in Chapter 4 and to promote their full realisation and fulfilment.

2.5 | Foreign policy

Nov 27, 2012 - Comments: 0
Constitution of Zimbabwe (COPAC Draft, 17 July 2012)
ZANU PF proposed amendments to this clause after COPAC released the final draft. Use the right hand filter option to see the changes they wanted
  1. The foreign policy of Zimbabwe must be based on the following principles—
    1. the promotion and protection of the national interests of Zimbabwe;
    2. respect for international law;
    3. peaceful co-existence with other nations;  and
    4. the settlement of international disputes by peaceful means.
  2. The State must promote regional and pan-African cultural, economic and political co-operation and integration and must participate in international and regional organisations that stand for peace and the well-being and progress of the region, the continent and humanity.

2.6 | Development and empowerment

Nov 27, 2012 - Comments: 0
Constitution of Zimbabwe (COPAC Draft, 17 July 2012)
ZANU PF proposed amendments to this clause after COPAC released the final draft. Use the right hand filter option to see the changes they wanted
This clause was subsequently amended as a result of party political disagreements over the July 2012 COPAC Draft. The changes that were made as a result of further negotiations (after the release of this draft) are highlighted in the text below.
  1. All State and institutions and agencies of government at every level must endeavour to facilitate rapid and equitable development, and in particular must take measures to—
    1. promote private initiative and self-reliance;
    2. foster agricultural, commercial, industrial, technological and scientific development;
    3. foster the development of industrial and commercial enterprises in order to empower citizens of Zimbabwe;
    4. bring about balanced development of the different areas of Zimbabwe, in particular a proper balance in the development of rural and urban areas;  and
    5. rectify imbalances resulting from past practices and policies.
  2. Measures referred to in this section must involve the people in the formulation and implementation of development plans and programmes that affect them.
  3. Measures referred to in this section must protect and enhance the right of the people, particularly women, to equal opportunities in development.
  4. The State must ensure that local communities benefit from the resources in their areas.

This clause, in the final COPAC Draft (1 February 2013) appears under the heading - 13 National Development. Empowerment is treated separately, in Clause 14, as below.

14  Empowerment and employment creation

  1.  The State and all institutions and agencies of government at every level must endeavour to facilitate and take measures to empower, through appropriate, transparent, fair and just affirmative action, all marginalised persons, groups and communities in Zimbabwe.
  2.  At all times the State and all institutions and agencies of government at every level must ensure that appropriate and adequate measures are undertaken to create employment for all Zimbabweans, especially women and youths.

 

2.7 | Food security

Nov 27, 2012 - Comments: 0
Constitution of Zimbabwe (COPAC Draft, 17 July 2012)
This clause was not amended by ZANU PF

The State must—

    1. encourage people to grow and store adequate food;
    2. secure the establishment of adequate food reserves;  and
    3. encourage and promote adequate and proper nutrition through mass education and other appropriate means.

2.8 | Culture

Nov 27, 2012 - Comments: 0
Constitution of Zimbabwe (COPAC Draft, 17 July 2012)
ZANU PF proposed amendments to this clause after COPAC released the final draft. Use the right hand filter option to see the changes they wanted
  1. All State and all institutions and agencies of government at every level must promote and preserve cultural values and practices which enhance the dignity, well-being and equality of Zimbabweans.
  2. All State and institutions and agencies of government at every level, and all citizens, must endeavour to preserve and protect Zimbabwe’s heritage.
  3. All State and institutions and agencies of government at every level must take measures to ensure due respect for the dignity of traditional institutions.

2.9 | Gender balance

Nov 27, 2012 - Comments: 0
Constitution of Zimbabwe (COPAC Draft, 17 July 2012)
This clause was not amended by ZANU PF
  1. The State must promote full gender balance in Zimbabwean society, and in particular—
    1.  the State must promote the full participation of women in all spheres of Zimbabwean society on the basis of equality with men;
    2. the State must take all measures necessary, including legislative measures, needed to ensure that—
      1. both genders are equally represented in all institutions and agencies of government at every level;  and
      2. women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies established by or under this Constitution or any Act of Parliament;
    3. State institutions and agencies of government at every level must take practical measures to ensure that women have access to resources, including land, on the basis of equality with men.
  2. The State must take positive measures to rectify gender discrimination and imbalances resulting from past practices and policies.

2.10 | Fair regional representation

Nov 27, 2012 - Comments: 0
Constitution of Zimbabwe (COPAC Draft, 17 July 2012)
ZANU PF proposed amendments to this clause after COPAC released the final draft. Use the right hand filter option to see the changes they wanted
  1. The State must promote the fair representation of all Zimbabwe’s regions in all institutions and agencies of government at every level.
  2. The State and institutions and agencies of government at every level must take practical measures to ensure that all local communities have equitable access to resources to promote their development.

2.11 | Children

Nov 27, 2012 - Comments: 0
Constitution of Zimbabwe (COPAC Draft, 17 July 2012)
This clause was not amended by ZANU PF
  1. The State must adopt policies and measures to ensure that in matters relating to children the best interests of the children concerned are paramount.
  2. The State must adopt reasonable policies and measures, within the resources available to it, to ensure that children—
    1. enjoy family or parental care, or appropriate alternative care when removed from the family environment;
    2. have shelter and basic nutrition, health care and social services;
    3. are protected from maltreatment, neglect or any form of abuse;  and
    4. have access to appropriate education and training.
  3. The State must take appropriate legislative and other measures—
    1. to protect children from exploitative labour practices;  and
    2. to ensure that children are not required or permitted to perform work or provide services that¾
      1. are inappropriate for the children’s age;  or
      2. place at risk the children’s well-being, education, physical or mental health or spiritual, moral or social development.

2.12 | Youth

Nov 27, 2012 - Comments: 0
Constitution of Zimbabwe (COPAC Draft, 17 July 2012)
ZANU PF proposed amendments to this clause after COPAC released the final draft. Use the right hand filter option to see the changes they wanted
This clause was subsequently amended as a result of party political disagreements over the July 2012 COPAC Draft. The changes that were made as a result of further negotiations (after the release of this draft) are highlighted in the text below.

1. All The State and all institutions and agencies of government at every level must take reasonable measures, including affirmative action programmes, to ensure that the youth, that is to say people between the ages of fifteen and thirty-five years—

    1. have access to appropriate education and training;
    2. have opportunities to associate and to be represented and participate in political, social, economic and other spheres of life;
    3. are afforded opportunities for employment and other avenues to economic empowerment;
    4. have opportunities for recreational activities and access to recreational facilities;  and
    5. are protected from harmful cultural practices, exploitation and all forms of abuse.

2. An Act of Parliament may provide for one or more national youth programmes.
3. Measures and programmes referred to in subsections (1) and (2) must be inclusive, non-partisan and national in character.

2.13 | Elderly persons

Nov 27, 2012 - Comments: 0
Constitution of Zimbabwe (COPAC Draft, 17 July 2012)
ZANU PF proposed amendments to this clause after COPAC released the final draft. Use the right hand filter option to see the changes they wanted
  1. The State and all institutions and agencies of government at every level must take reasonable measures, including legislative measures, to secure respect, support and protection for elderly persons and to enable them to participate in the life of their communities.
  2. The State and all institutions and agencies of government at every level must endeavour, within the resources available to them—
    1. to encourage elderly persons to participate fully in the affairs of society;
    2. to provide facilities, food and social care for elderly persons who are in need;
    3. to develop programmes to give elderly persons the opportunity to engage in productive activity suited to their abilities and consistent with their vocations and desires;  and
    4. to foster social organisations aimed at improving the quality of life of elderly persons.

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16 March 2013
The Constitutional Referendum will be held on 16 March 2013. Polling stations will be open for 12 hours between 7am and 7pm on polling day, but Eric Matinenga, the Constitutional and Parliamentary Affairs Minister, has said he plans to lobby the 'powers that be' to have polling over two days. This is because very high turn out is expected on the day.

29 June 2013
If the draft constitution is accepted by Zimbabweans, the Cabinet Taskforce responsible for aligning the new constitution with existing laws has until 29 June to do so. 29 June is the last day of seating for the 7th parliament. The taskforce is made up of: Patrick Chinamasa,  Priscilla Misihairabwi-Mushonga, Tendai Biti, Eric Matinenga and the three Copac co-chairs Douglas Mwonzora, Paul Mangwana and Edward Mkhosi.

15 - 30 July 2013
Zimbabweans could vote in the first harmonized elections under a new constitution anytime between the 15th and 30th July this year.