Netherlands Institute for Multiparty Democracy

News Article 

Zambia: constitution review underway

documents/Z/zambia
28 April 2008
Martin van Vliet
NIMD/CDA

The National Constitutional Council (NCC) resumed sittings on 22 April 2008 to write a new constitution for Zambia.


For the legitimacy of the final text of the constitution it is crucial that as many groups as possible from society are involved in the constitutional process. Because possibly the new constitution is (partly) presented to the population in a referendum. Whether or not the people will accept it remains the key question. 
 
 
Controversy 
 
Therefore it is a pity that the churches have turned against the NCC, which officially started last December. Particularly their underrepresentation in the NCC and the fear that, as a result legally enforceable socio-economic rights will not be incorporated in the new constitution, formed the basis for their boycott. They dragged along (part of) Michael Sata's Patriotic Front, the main opposition party, which wants to safeguard the political support of the catholic church. 

Beside the boycott of these important players, the weak link between the NCC and the population is still a point of care.  At present NIMD’s local partner ZCID (Zambia Centre for Interparty Dialogue) is discussing with church groups, women and civil society organisations how to inform the population about the constitutional process, by means of theatre play, media and regional debates.
 
 
Sharing knowledge and experiences
 
Meanwhile twelve thematic committees have been appointed in which the most important issues of the new constitution will be discussed.

ZCID will organise informative consultations for the committee members. Experts from Zambia and neighbouring countries will provide information on several political schemes, electoral systems, decentralisation models and on how socio-economic rights can be dealt with in a constitution. The South African constitution offers certainly possible starting points which can bring the Zambian churches and politicians closer together. 

So far ZCID has already conducted regional platforms in the nine provinces of Zambia and has brought together all political parties at regional level to discuss key content issues in the constitution. Even the Patriotic Front which essentially is not participating in the NCC participated in the regional platforms alongside other political parties.

The NCC will sit for two weeks after which it will break into committees
It will be exciting and tense times. The NCC finds itself in quiet water yet. Particularly by a carefully dealing with the socio-economic rights issues the constitutional revision process can get back on track.
 
ZCID and the new constitution
 
ZCID is an independent organisation, in which all political parties are represented, strives for a deepening of multiparty democracy in Zambia. 

For example, in run-up to the elections of 2006 ZCID has organised regional debates between politicians and civilians and hundreds of local party representatives were trained jointly as election observers.
With support of ZCID politicians jointly agreed to an ethical code during the election campaign period. 

Also it was the ZCID, which broke through the impasse around the establishment of a Constitutional Assembly with a compromise proposal which led to the institution of the National Constitutional Conference. The ZCID’s involvement in the NCC started with internal party consultations by member political parties to come up with a harmonised position among ZCID member parties in order to pave way for a nationally agreed upon way forward in the Constitution making process. This was conceptualised against the backdrop of a perceived impasse between government and the civil society. The ZCID offered a platform for consensus building around this issue and consequently a compromise was reached during the Summit of Political Party Presidents in July 2007.


Further reading
 

Zambia: NCC Chief Urges Delegates - No Time Wasting


(Times of Zambia 23 April 2008)


Zambia: 'We Want a Popular Constitution'


(Times of Zambia 23 April 2008)