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<< Taking democracy and good gorvernance to the people >>

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VENUE: HOLIDAY INN MUTARE
DATE: 29-05-09
TOPIC: THE COMPLIANCE OF THE GOVERNMENT OF NATIONAL UNITY (GNU) WITH THE GLOBAL POLITICAL AGREEMENT (GPA)

The workshop was held by the Zimbabwe Lawyers for Human Rights (ZLHR) in partnership with the Center for Research and Development (CRD).Civil society organizations in Mutare were invited to this workshop to give their views on the compliance of the GNU to the GPA. This was part of the monitoring process being spearheaded by Civil Society to monitor the activities of the GNU.

ORGANISATIONS REPRESENTED AT THE WORKSHOP

 Zimbabwe Lawyers for Human Rights (ZLHR)
 Center for Research and Development
 Zimbabwe National Students Union (ZINASU)
 Zimbabwe Teachers Union (Zimta)
 Progressive Teachers Union of Zimbabwe (PTUZ)
 Women coalition
 CIVNET
 National Association of Non Governmental Organizations (NANGO)
 Concerned Youth
 National Constitutional Assembly (NCA)
 Mutare Residents Association (MURA)
 Zimbabwe Coalition on Debt and Development (Zimcodd)
 Zimbabwe Association of Doctors for Human Rights (ZADHR)

Opening remarks were given by Farai Maguwu who outlined events leading to the signing of the GPA and the formation of the Inclusive Government in February 2009. He emphasized that the Inclusive government was not a product of democratic processes as epitomized by the widespread violence that necessitated its formation. He also pointed out that civil society was left out of the negotiations that led to the formation of the Inclusive government. Farai said despite being left out of the process, civil society cannot just sit and watch the performance / non performance of the Inclusive government. He said civil society came up with a mechanism to monitor the Inclusive government. This meeting, he added, was called as part of the on-going monitoring mechanism.

1. Presenter: Dzimbabwe Chimbga (ZLHR)
Deconstructing the GPA: Assessing the operating environment of the GPA
The presenter gave an analysis of the GPA article by article explaining the weakness and strength of each. A close analysis of the articles will reveal which political party of the GNU proposed it. He said the GPA had some parts which were good on paper but difficult to implement on the ground. He pointed out that some of the crucial aspects of the GPA were not receiving due attention. In matters pertaining to human rights and democracy the GPA sometimes dedicates only one sentence whilst issues such as land reform and the removal of sanctions receive due attention. The three political parties are interested in consolidating their power and influence, he added. Below are some of the areas the presenter said were not being followed by the GNU

• Freedoms of the people are not being respected as enshrined in the GPA. People are still being arbitrarily arrested
• Oppressive Draconian laws like POSA and AIPPA still exist
• The constitution process set in motion is not people driven
• The GPA is not clear about the powers of the prime minister and thus crippling the operations of the Inclusive government
• Some traditional leaders are still being used as pawns

2.NATIONAL HEALING
PRESENTER: ANESU CHIWAURA (LEGAL RESOUCES FOUNDATION)
She gave an insight on article 7 of the GPA which talks about National Healing. She said that there was need for both parties that is ZANU PF and MDC to acknowledge the truths that happened in the past and to the present time. Anesu said currently the environment in Zimbabwe is not conducive for a successful national healing process. Commission of the National Healing processes is composed of politicians, some with past records of participating in atrocities that were experienced in Zimbabwe e.g. John Nkomo who currently heads the Commission for National Healing is sponsoring violence at Jijima Lodge in Bulawayo. She stressed the point that the perpetrator of violence cannot lead the process of national healing listed some the pre-requisite which need to be put into consideration for the National Healing process to kick start

• The need to put in place a mechanism for transitional justice before the national healing process begins
• The need to define national healing and who should lead the process
• The GNU should remove perpetrators of violence like John Nkomo from leading the process
• Institutional reform is a pre-requisite for national healing. The police and army need to be reformed for national healing to take place
• Formation of a Truth and Reconciliation Commission like what happened in South Africa
• Justice for the victim and corrective measures for the perpetrator (Transitional Justice put into practice)

3.People driven constitution
Presenters: David Hofisi and Matt Burgh

The term constitution was defined as being the supreme law / laws of the land that governs the people and institutions. It is the living document for the people and by the people. David said the constitution begins with three words “we the people” which reiterates the fact that there should be a people driven constitution rather than a parliament driven process.

• Constitution must be people driven not politician driven
• Civic society must take an active role in the writing of the constitution
• A clear separation of powers between the president, legislature and judiciary
• Civic society must take a leading role in discussing the Kariba draft

He decried Zimbabwe’s electoral system which he described as ‘First Past the Post’. Under this system he outlined that the person with the highest number of votes, even if that number is a fraction of the combined number of votes cast for other candidates, is declared the outright winner. Say, for instance for candidates enter an electoral race with the following results obtaining: a. 40, b. 26, c. 24 d. 10. He said candidate a., with 40 votes is declared the winner even though statistics show that 60 percent of the voters preferred other candidates.

After David’s presentation participants said they would only cooperate with a truly people driven constitution making process. Participants dismissed the Kariba Draft as an elitist document produced by politicians for the people of Zimbabwe.

4.EDUCATIONAL REFORM
PRESENTER: FREEDOM BHOSO (ZINASU)

Education leads the human souls to what is best and making what is best out of them. He also acknowledged that Zimbabwe has enjoyed the highest level of education in the region and beyond but the late 90s saw the quality of education is deteriorating. The state of the education system in Zimbabwe is appalling to say the least. There are no teachers in schools, no books in classrooms and pupils have littered the dusty pavements of residential areas. As we speak, the country has lost one full academic year which in itself is only a culmination of a decade of degeneration in education delivery. Bosso said the responsibility of the civil society is to register its dismay and disquiet at the state of affairs.

• Students are still being arrested and denied of their freedoms of expression
• Poor remunerations for Teachers
• Education is now being used as a weapon of indoctrination in schools and colleges

5.GNU: Future Predictions
Presenter: Farai Maguwu (CRD)

Looking at what is happening in the GNU there are three possible scenarios that can take place. He emphasized that these were just predictions which might happen or might not happen.

1. Complete reform of national institutions leading to democratic elections. He said this was the most desired situation but the most unlikely. He said ZANU PF will not be part of changes that will lead to its own demise. The reform of ZEC, Police, Army and the entire civil service will lead to the destruction of ZANU PF at the next poll. It is therefore unlikely that the GNU will reform national institutions and smoothly move to conduct credible elections.
2. One of the political parties will pull out of the GNU. Already both ZANU PF and MDC have threatened to pull out of the GNU. There is unending feuding on positions and certain institutions. He predicted that the inclusive government was likely to live on because ZANU PF wanted to retain power and the MDC wanted to fight from within and remain relevant.
3. Because institutions of power such as Police, CIO and Army remain intact and defiant, the MDC may come to the conclusion that their destiny is inextricable interwoven with that of ZANU PF. The MDC-T will eventually be assimilated by ZANU-PF as what ZAPU did in 1987.It will do so as it tries to remain relevant and its officials become corrupted and slowly swallowed by ZANU PF. They may not pronounce a Unity Accord but this may be achieved by extending the life span of the Inclusive Government.

WAY FORWARD
• The CSO agreed to continue monitoring the GNU and send their reports to CISSOMM
• CSO to go to their constituencies and inform them of the outcomes of their monitoring

Dzie Chimbga gave closing remarks on behalf of the ZLHR team and gave thanks to the CRD for organizing the workshop and the participants at large who represented their respective organizations. He expressed hope that this marked the dawn of a new era in the working relationship among civil society organizations.
 

       

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