ZIMBABWEAN CONSTITUTIONAL PROCESS KICKS OFF

C O N F I D E N T I A L SECTION 01 OF 03 HARARE 000323 SIPDIS AF/S FOR B. WALCH DRL FOR N. WILETT ADDIS ABABA FOR USAU ADDIS ABABA FOR ACSS STATE PASS TO USAID FOR J. HARMON AND L. DOBBINS STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR MICHELLE GAVIN E.O. 12958: DECL: 04/17/2019 TAGS: PGOV PREL ASEC PHUM ZI SUBJECT: ZIMBABWEAN CONSTITUTIONAL PROCESS KICKS OFF REF: HARARE 264 Classified By: Ambassador James D. McGee for reason 1.4 (b) and (d) -------------- SUMMARY -------------- ¶1. (SBU) The Speaker of the House of Assembly announced on April 12 the formation of a Parliamentary Select Committee charged with directing the process to form a new Zimbabwean constitution. The membership of the committee is divided on a proportional basis between the three political parties. A chairperson to head the committee has still not been chosen, and the decision to select either an independent chair or an MP has been referred to party principals. Civil society groups quickly came out in opposition to the constitutional process, charging that they are not being adequately represented. END SUMMARY. -------------- - Parliament Meets First Constitutional Deadline -------------- - ¶2. (SBU) On April 12, the Speaker of the House of Assembly, Lovemore Moyo, announced the formation of the Parliamentary Select Committee for a New Constitution (PSCC). The PSCC is a 25-member body composed of MPs from all three political parties seated in Parliament. Party representation on the PSCC is roughly proportional to the seats held by each party in Parliament. Membership is as follows: ZANU-PF (11) House of Assembly (7): Flora Buka; Walter Chidakwa; Edward Chindori-Chininga; Joram Gumbo; Martin Khumalo; Paul Mangwana; Olivia Muchena Senate (4): Fortune Charumbira (President of Council of Chiefs); Tambudzai Mahdi; Thokozani Mathuthu; Monica Mutsvangwa MDC-T (11) House of Assembly (7): Amos Chibaya; Ian Kay; Cephas Makuyana; Evelyn Masaiti; Editor Matamisa; Douglas Mwonzora; Brian Tshuma Senate (4): Gift Chimanikire; Gladys Dube; Jessie Majome; Jabulani Ndlovu MDC-M (3) House of Assembly (1): Edward Mkhosi Senate (2): David Coltart; Dalumuzi Khmalo ¶3. (SBU) According to the Inter-Party Political Agreement (IPA) signed last September, the PSCC is responsible for directing the process of forming a new national Zimbabwean constitution. This will include setting up sub-committees charged with focusing on specific aspects of the constitution, holding public hearings on constitutional issues, convening an "All Stakeholders Conference" (ASC) to gain widespread buy-in, preparing a constitutional draft document, and making progress reports to Parliament. -------------- The Constitutional Timetable -------------- ¶4. (SBU) The IPA laid out a very specific timetable that HARARE 00000323 002 OF 003 culminates in a new constitution approximately a year and a half after the formation of an inclusive government. The PSCC formation came just a day before the April 13 deadline imposed by the IPA. The next deadline will be the holding of a first ASC by July 13, 2009. This is followed by up to four months of public consultation, before a first draft is presented to a second ASC no later than February 13, 2010. If the process continues on course, a new constitution will be brought to Parliament for a vote by October 13, 2010. -------------- Who Will Chair the PSCC? -------------- ¶5. (SBU) A PSCC chairperson has still not been selected, and the final decision has been referred to the party principals: President Mugabe, Prime Minister Tsvangirai, and Deputy Prime Minister Mutambara. Seaker Moyo and the MDC members of Parliament have supported nominating an independent candidate for the seat; a retired judge has been rumored to be the MDC's preferred candidate. ZANU-PF MPs oppose this proposition and argue that in keeping with parliamentary rules and Constitutional Amendment 19, an MP must fill the seat. The MDC has countered that Parliamentary rules can be suspended and altered, as occurred when both the HOA and Senate suspended rules in February and March to allow for expedited passage of Amendment 19 and the National Security Bill. -------------- Civil Society Comes Out in Opposition -------------- ¶6. (SBU) On April 15, a coalition of civil society groups led by the National Constitutional Assembly (NCA) and backed by the Zimbabwe Congress of Trade Unions, women's organizations, churches, and student groups vowed to oppose the constitutional process. Lovemore Madhuku, president of the NCA, said that the constitutional process is "parliament driven and we reject it... we are campaigning for a no vote because we believe the process is defective and not people driven." Madhuku objects to the PSCC's wholly parliamentarian membership, the use of the September 2007 Kariba draft constitution as a basis document, and sequencing that allows Parliament to debate and amend a draft after public consultation and the two ASCs have been completed. (NOTE: The Kariba draft constitution was negotiated in 2007 at the start of the SADC process by Patrick Chinamasa and Nicholas Goche, representing ZANU-PF, and Tendai Biti and Welshman Ncube, representing the two MDC factions. END NOTE.) ¶7. (SBU) The Minister of Constitutional and Parliamentary Affairs, Eric Matinenga (MDC-T),criticized Madhuku's position and argued that the process is in fact people driven by virtue that the MPs are elected officials. He also stated that the chairs of the two ASCs would be representatives of civil society. He dismissed the notion that the Kariba draft would form the starting point of the draft process; it would Qwould form the starting point of the draft process; it would serve only as a reference document. -------------- COMMENT -------------- ¶8. (C) In keeping with Speaker Moyo's priorities (reftel), Parliament is moving forward with the constitutional process. The MDC views a new constitution as a mechanism that will allow them to enact broad political and legislative reforms and prevent future abuses of government authority. Meeting this first deadline was an important, but relatively straight-forward first step. The inability to select a chair HARARE 00000323 003 OF 003 is somewhat worrisome though, as far greater battles loom once debate begins on constitutional issues of substance such as land reform, media freedoms, human rights, and limits on executive authority. END COMMENT. MCGEE