More trouble over referendum

As Zimbabweans prepare to vote at the weekend in a referendum on the government's controversial draft constitution, the debate has been clouded by a row with Britain and a legal challenge for a postponement, analysts told IRIN on Thursday. The government, campaigning for a 'Yes' vote for its draft document, has focussed on the emotive and highly politicised issue of land ownership. Last month it gazetted amendments to Clause 57 of the draft constitution to make it Britain's responsibility to pay compensation for land compulsorily acquired - mainly white-owned estates - for the resettlement of communal farmers. President Robert Mugabe, who appointed the Constitutional Commission, said he wanted the draft to explicitly cite the former colonial power as being liable for compensation payments through a government-run fund. The British government has rejected any responsibility for farmers whose land is seized. A statement, carried by local papers on Thursday, said Britain could only support a transparent, fair and cost-effective land reform plan. "The government of Zimbabwe has not put in place a programme of land reform that would provide land to the poor of Zimbabwe," the statement added. "A lot of people are confused, and perhaps deliberately so," a Western diplomat told IRIN. "The 'Yes' campaign is all about land and British government responsibility, while the real issues are about constitutional powers and government structures." Jonathan Moyo, spokesman for the Constitutional Commission, defended the government's approach. He said selling a document as complex as the draft is difficult, "but land is a livelihood issue." He also said Britain "is missing the point" over compensation. "It's not that we are making laws that bind them, it's about the colonial history of this country and reparations," he told IRIN. "The real point is that the government of Zimbabwe does not have an obligation to pay compensation." On the government's 40-odd gazetted "clarifications and corrections" to the draft constitution, which opponents charge questions the independence of the draft-making process, he added: "The government is elected by the people to govern ... It's true to say the president and people of Zimbabwe didn't like certain wording in the draft. That's why we came up with corrections." Meanwhile, a legal challenge to postpone the referendum failed on Thursday. The High Court dismissed with costs an application by two former constitutional commissioners. The two broke ranks over the draft's alleged failure to accurately reflect the views of Zimbabweans canvassed by the commission last year. "It's not really a legal challenge. As far as we're concerned it's a political challenge that's attempting to use the courts to gain political mileage," Moyo said. The main opposition Movement for Democratic Change and the civil society umbrella group, the National Constitutional Assembly, are urging Zimbabweans to vote 'No' in the referendum. They argue the government has manipulated the constitutional reform process to produce a draft acceptable to the ruling ZANU-PF party. They said it ignores key popular demands to curb the powers of the presidency and introduce effective checks and balances. Moyo, a fiery defender of the government's constitutional reforms, said that the goal of the referendum is to sample public opinion. However, he said "even with a 'No' vote the president can still take the draft to parliament and get it enacted." But, he added, with legislative elections due in April, "the price could be very high."