Draft Constitution set to weaken Zimbabwe and reverse empowerment programmes - State media

According to state controlled Sunday Mail, the Draft Constitution that has been "refined" by the three co-chairs of the Constitution Select Committee (Copac) contains subversive material that will weaken the State of Zimbabwe and reverse empowerment programmes if the document is ultimately endorsed during the referendum, it has been established.

A copy of the draft obtained last week shows startling contradictions that seek to disperse Presidential powers, undermine the country's territorial integrity, provide absolute rights to foreigners, substantially alter the supervision of non-governmental organisations and pare the significance of the liberation struggle.

Sources close to Government immediately hinted at the possibility of a second outreach programme in light of clear indications that the document is out of step with public opinion on the proposed new Constitution.

"The draft document would have to go back," said a source yesterday.

"A second outreach programme might have to be forced for communities to determine whether the document agrees with what they said (during the outreach)."

Among the highly contentious provisions are Clauses 3; 4; 6 and 7 as well as chapters dealing with national objectives, dual citizenship and specific human rights and freedoms.

Clause 4 subjects the Zimbabwean territory to the possibility of partitioning under the cover of international law.

It provides for a date on which the national territory would be determined. It also clears the way for "alterations" to the territory, a provision analysts say smacks of a hidden hand towards secessionism.

Clause 2 subsection 3 (1) (e) directs all State and Government institutions and agencies to redress "imbalances" resulting from past practices and policies.

Read together with a section of the same clause that "ensures ethnic communities have access to land and other resources", this provision has already been viewed as a vehicle through which former commercial farmers can easily reclaim properties acquired under the land reform programme.

A section of Chapter 3 also seeks to surreptitiously adopt dual citizenship by declaring that "Zimbabwean citizens by birth do not lose their citizenship by acquiring the citizenship of another country".

The provision contradicts Clause 3 subsection 1 (2) (a) and (d), which obligates every Zimbabwean to be loyal to the country and defend its sovereignty, by allowing citizens to owe allegiance to two different countries. Another contentious area is Chapter 4 which breaches official secrets and security by barring the State from regulating the media.

It also gives foreign journalists absolute rights.

Part of the section reads: "Everyone has the right to freedom of expression, which includes (1) (a) freedom to seek, receive and communicate ideas and other information regardless of frontiers; (c) freedom of the Press and other media of communication.

". . .(3) (a) The State shall not exercise control over or interfere with anyone engaged in broadcasting, the production or circulation of any publication or the dissemination of information by any medium; or (b) penalise anyone for any opinion or view or the content of any broadcast, publication or dissemination."

If endorsed, the draft would also compel the State to promote public awareness of the Constitution by "encouraging civic organisations to disseminate awareness and knowledge of this Constitution throughout society".

Already, concerns have emerged around "who" and "what" constitute civic organisations as it enables any person or group to register their trust while masquerading as a civic organisation.

Sections of the document are also tailor-made to disperse Presidential powers by empowering Parliament to invariably approve the appointment of senior Government officials as well as security service organs.

Political analysts yesterday roundly criticised the architects of the draft for attempting to weaken the State.

They advocated closer scrutiny of all provisions. An analyst who preferred anonymity said the document should be refined.

"Fundamentally, this document envisages alterations to the territory of Zimbabwe," said the analyst.

"It does not reaffirm the indissolubility of Zimbabwe as we received it at independence. The Constitutional draft subjects the national territory to a date and alterations.

"It actually inspires moves to subvert the territorial integrity of Zimbabwe. It is a world first; that is a fundamental failure of the draft.

"When you read that together with minority rights, you can begin to see forces that can claim rights from this draft to attack the territorial integrity of Zimbabwe."

The analyst said a provision that aims to compel Government to incorporate international conventions and treaties into national laws undermined the sovereignty of Parliament

and Government's right to exercise due care. On freedom of expression, the analyst said the draft makes this right absolute while slanting against the power of the State.

"There is no delimitation. One gets protection, regardless, by just stepping onto Zimbabwean soil.

"In addition, there is an attack on the State by declaring that all information should be available to journalists â€" any journalist!

"We are granting freedom of expression to the whole world. It becomes a cosmopolitan society. We protect everyone.

". . . Any Constitution will bar (unlimited access to) information on crime, security and personal (details)."

Another analyst said the document goes against efforts to achieve national cohesion.

"Zimbabwe is at a stage of restructuring itself. There is the unresolved issue of recolonisation. There is also empowerment and land reform.

"You can't say national cohesion has been quite achieved. Also, there is external threat. Zimbabwe is an emerging developing nation.

"This 'Constitution' gives it a weak State because it disperses power. The possibility of a fractious State is real.

"Its structures have a benefit in conflict, all done in the name of checks and balances. It is easy to paralyse a State; we are providing for a weak State in a country that is trying to transform itself into a nation. The agent of that transformation is the State."

The analyst added that the draft sought to downplay the significance of the liberation struggle by slighting the role of war veterans.

"The war veterans are not human beings only; they are an epoch, experience, outlook, perspective.

"There is a paring of the liberation struggle to people. It immobilises war veterans to personages."