A Possible Way Forward For Zimbabwe

from Seán O' Leary M.Afr

 

Zimbabwe is approaching a critical moment in its history. As the political impasse escalates and the economic situation spirals out of control, the myriad effects of these two phenomena make Zimbabwean society progressively more restless. What is increasingly obvious is that the period between now and 2008 will be critical to this embattled nation. The significance of 2008 is undeniable, it signals the end of President Robert Mugabe's presidential term and possibly the emergence of his successor to the head of the ruling ZANU-PF. How the political path unfolds between now and 2008, particularly with the introduction of a mediator , will be instrumental to redirecting Zimbabwe from its current disturbing trajectory towards a better future for all its citizens. A number of different possibilities have emerged regarding how Zimbabwe's political landscape will look beyond 2008. Some have suggested that a transitional presidency will be introduced until harmonized presidential and parliamentary elections can be held in 2010. Others have called for the holding of both presidential and parliamentary elections in 2008. Nevertheless, that 2008 will represent a turning point in Zimbabwe's political landscape, and inevitably its economic situation, is certain.

What is also clear is that ordinary Zimbabweans have a vital role to play in ensuring that the change brought about in 2008 has a positive effect on their lives and those of their children. International commentators have consistently and incorrectly predicted the collapse of Zimbabwe, under increasing international isolation, for the past six years. The country's defiance of such predictions has, to a large degree, been a direct result of its citizens' resilience and ingenuity. However, the plight of ordinary Zimbabweans continues to deteriorate as the county's political elite contests the right to govern its people.

The time has come for the civic leaders in Zimbabwe, from civil society and church structures, to mobilize this resilience and ingenuity to ensure the improvement of the lives of all Zimbabweans. It is essential that, in doing so, these leaders claim back their own agency in this highly polarized political context - as mobilizing forces in the country independent of political actors. Recent attacks on members of Zimbabwe's civil society make it clear that civic actors can no longer operate in an uncoordinated or disjointed manner. It is essential, that all these groupings of Zimbabweans unite under a common agenda, and thereafter coordinate their activities and devote their collective resources to fulfilling that agenda.

The most important item on such an agenda must be the development and adoption of a New Constitution, as a vital step towards securing long-term political stability and democracy in the country. Accordingly, as Zimbabwe moves towards this definitive crossroads in its political, economic and social development, it is the responsibility of civil actors to ensure that when the dust settles after the impending political malaise there is a comprehensive Constitution in place that protects, promotes and institutionalises democracy and social justice.

A great African once said:

"The constitution of a nation is not simply a statute which mechanically defines the structures of government and the relations between the government and the governed. It is a 'mirror reflecting the national soul', the identification of the ideals and aspirations of a nation; the articulation of the values bonding its people and disciplining its government".

It is essential that Zimbabweans initiate a dialogue, which permeates every aspect of its society, that gives birth to a New Constitution; developed and defended by Zimbabweans as the embodiment of their collective aspirations and beliefs and that reflects both their difficult history and hopes for a better future. This document must be independent of prevailing political interests and supersede all future political processes. In this regard it is vital that this constitutional dialogue entrenches democracy and social justice in the very fabric of Zimbabwean society. The reason for this is that, as important as it is to institutionalise a constitution and its principles through various independent institutions, the ultimate guarantor of any constitution is the support of the people it purports to represent. Accordingly, the development of an organic, Zimbabwean Constitution is paramount to this process.

That said, as the development of the New Constitution will inevitably involve political interactions, it is helpful to use a draft constitution that emerged from one such interaction as the starting point for this constitutional dialogue. Accordingly, the draft constitution that emerged from the talks between ZANU-PF and the MDC, held in South Africa from 2002- 2004, is central to this process. It is important to note that this document was in fact signed by the respective negotiating parties - and subsequently disowned by both ZANU-PF and the MDC - and as a result of this it remains the most politically agreeable constitutional draft to date. It is not the product of one or the other party, and cannot be presented as such, by anyone looking to discredit the document. However, this document offers a way forward for Zimbabweans to decide what their constitution should include. Here a national dialogue is essential to form a national consensus.

As mentioned above, it is important to institutionalise the ideals contained in the New Constitution through independent and impartial institutions that, regardless of the political regime of the day, will protect the Constitution as the collective consciousness of all Zimbabweans. This requires not only an independent and impartial judiciary, but other specific constitutionally-mandated institutions as well. Paramount among these institutions would be a constitutional court as the ultimate protector of the Constitution.

Once the New Constitution has been drafted, certain measures must be put into place to ensure that it is successfully adopted. The most important measure is an agreement amongst all role-players on a defined timetable for its adoption and implementation. This timetable must be incorporated in any broader timetable agreed upon for the political or economic normalization of Zimbabwe. It is only then, that any meaningful elections can take place.

Once a timetable for the adoption of a New Constitution and other political changes has been agreed upon, it is the responsibility of all Zimbabweans, both within the country and abroad, to urge the international community to re-engage with Zimbabwe based on the achievement of the milestones set out in the timetable. Furthermore, Zimbabweans and interested parties should urge the international community to support the constitutional negotiating process, whilst at all times respecting it as a Zimbabwean process.

Seán O'Leary
Denis Hurley Peace Institute
Pretoria
South Africa

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* 1 Ex Tanzanian President Mr Benjamin Mkapa.