ZIMBABWE INCHES TOWARDS A NEW CONSTITUTION

UNCLAS SECTION 01 OF 03 HARARE 000022 SENSITIVE SIPDIS AF/S FOR B.WALCH DRL FOR N. WILETT ADDIS ABABA FOR USAU ADDIS ABABA FOR ACSS NSC FOR M. GAVIN STATE PASS TO USAID FOR J. HARMON AND L. DOBBINS E.O. 12958: N/A TAGS: PREL PGOV PTER PHUM ASEC ZI SUBJECT: ZIMBABWE INCHES TOWARDS A NEW CONSTITUTION HARARE 00000022 001.2 OF 003 -------------- SUMMARY -------------- ¶1. (SBU) On January 11, Minister of Constitutional and Parliamentary Affairs Eric Matinenga presided over the launch of the public outreach portion of Zimbabwe's effort to draft a new constitution. In sharp contrast with last July's chaotic All Stakeholders Conference, the approximate 1,000 delegates in attendance were orderly and, at times, even showed a commonality of purpose that cut across party lines. A number of representatives from all three parties spoke of the need for unity as the country pursues its quest for a new democratic constitution. The launch was followed by a three-day training period. Thematic outreach teams will then travel throughout Zimbabwe to gather views on the new constitution. While this week's meetings went smoothly, there is concern that ZANU-PF will attempt to impede outreach efforts. END SUMMARY. ¶2. (SBU) Matinenga made opening remarks to about 1,000 delegates to launch the outreach process. The launch was followed by a three-day training course administered to the 625 members of the thematic outreach teams that will travel throughout Zimbabwe, gathering public views on the content of the new democratic constitution. The 65 day outreach effort will commence in the next couple of weeks. The GOZ and donor agencies are jointly providing funding. -------------- Time Frame for New Constitution Missed -------------- ¶3. (SBU) In his remarks at the launch, Matinenga attributed the delay in beginning the outreach portion of the process to bickering amongst the three political parties to the GPA, lack of funding, and little trust between stakeholders. Matinenga told the delegates that the Parliamentary Select Committee on the Constitution (PSCC) and his ministry are merely facilitating the process to enable Zimbabweans to write a democratic constitution for themselves. He emphasized that the process of writing a new constitution was not about competing for state power, but building strong democratic institutions that foster good governance. -------------- Peaceful Launch A Good Omen? -------------- 
 ¶4. (SBU) The launch of the outreach phase was peaceful and orderly, contrasting sharply with the chaos that reigned on the first day of the first All Stakeholders Conference in July 2009 when the proceedings were disrupted by ZANU-PF supporters and war veterans loyal to President Mugabe. ¶5. (SBU) We spoke to some delegates who told us that they were impressed by the peaceful atmosphere which prevailed at the event. For example, MDC-T legislator for Makoni South, Pishai Muchauraya, said that the event was an important milestone in the constitution-making process and counseled caution. He said that ZANU-PF can behave itself when it suits them, but cannot be trusted to keep cooperating without external pressure to rein them in. His observation proved Qexternal pressure to rein them in. His observation proved prescient: on January 12 some war veterans tried to disrupt a training session of a thematic committee by singing revolutionary songs. But other members of the committee from the MDC and civic organizations refused to be cowed by the veterans and rebuked them, demanding they observe the rules of the PSCC that require all members to be non-political. HARARE 00000022 002.2 OF 003 -------------- -------------- "Shut Up" Mangwana Tells War Veterans Leader Chinotimba -------------- -------------- ¶6. (SBU) As the fracas threatened to get out of hand, ZANU-PF PSCC Co-Chair Paul Mangwana intervened. Mangwana berated the veterans and told them that they had no monopoly over the country's affairs. He told notorious veterans' leader Joseph Chinotimba to "shut up and stick to business." The veterans relented and complied. The incident underscored the precarious state of the truce that binds the political rivals even in a national cause such as the writing of new constitution. -------------- Kariba Draft Abandoned -------------- ¶7. (SBU) One sticking point in the ongoing constitutional reform process has been the parties' disagreement on the use of the 2007 Kariba Draft Constitution. ZANU-PF had insisted that the draft be the reference point for the new constitution-making effort, while the MDC argued that there should be no reference document. But in their speeches Mangwana and PSCC co-chair Douglas Mwonzora told the delegates that the outreach teams would not use any reference documents when they gathered the people's views on the constitution. Mangwana told the delegates that no draft would be imposed on the people, and the people must give their views freely. He warned all delegates -- singling out politically-linked delegates -- against engaging in campaigning. He said that political party representatives in the PSCC ceased to take instructions from their parties once they became part of the Committee. ¶8. (SBU) We spoke to Mangwana about the positive tone of his speech to the delegates. He said that the event warranted it and that the time had come for Zimbabwe to move forward. -------------- MDC On Guard -------------- ¶9. (SBU) Despite the successful launch of the outreach phase, some senior MDC-T officials remained cautious. Mwonzora told us that while he appreciated the level of co-operation that ZANU-PF was showing, it was important for the MDC formations not to be complacent. He said that the process is still vulnerable to the caprices of ZANU-PF. For the time being however, Mwonzora believes that the process is on course and should lead to a draft constitution by year's end. He told us that the process had built-in mechanisms to ensure public views were captured accurately. ¶10. (SBU) Echoing Mwonzora's caution, Matinenga told the Ambassador in a meeting on January 14 that the outreach phase was beginning well and that ZANU-PF was saying the right things. But he noted that during his visits to rural areas to discuss the constitutional process ZANU-PF officials had said constitutional reform should be dependent on the removal of sanctions and he was concerned that ZANU-PF would try to impede the outreach. -------------- Civil Society Critical -------------- Q -------------- ¶11. (SBU) The National Constitutional Assembly (NCA) which has been critical of the constitutional process because of the influence of the political parties, issued a statement that "the process is not only illegitimate but should not be HARARE 00000022 003 OF 003 taken seriously by any Zimbabwean citizen." The NCA complained that the composition of the thematic committees had been determined by the parties and not civil society. Civil society groups have also noted that outreach members include partisans such as Jonathan Moyo and individuals who were involved in the 2008 election violence. -------------- COMMENT -------------- ¶12. (SBU) Zimbabwe's constitutional drafting process has resumed after a six-month hiatus caused largely by the preoccupation of the political leadership with outmaneuvering each other in government. Consequently, the outreach phase has begun two months after it was supposed to have been completed. ¶13. (SBU) Delays aside, this phase will test ZANU-PF's willingness to tolerate constitutional reform. Historically Mugabe's party has restricted access by civics and members of the opposition into rural strongholds. With sensitive topics up for discussion such as checks on executive authority and control of the military, ZANU-PF may view this outreach effort as a threat to their control and engage in efforts to frustrate the process. END COMMENT. RAY