Role for civil society in constitution process

The Zambian government has pulled the rug from under the feet of its critics by agreeing to a more representative body to review the country's constitution. Legal Affairs Minister George Kunda said in a statement in parliament on Friday that the government had acceded to the requests of civil society to amend a section of the Public Inquiries Act, allowing a role for civil society in the constitutional review process. The decision means that after submissions have been made, the government and civil society would simultaneously be given the documents to review. The government would produce a white paper to be considered by the cabinet, while civil society would develop a green paper for debate, and the two would then be merged. It would no longer mean that, as some NGOs had feared, President Levy Mwanawasa and his cabinet could vet recommendations and then have their decisions "rubber stamped" by a parliament dominated by the ruling party. Activists had called for Zambia's fourth constitutional review to be conducted by a more representative constituent assembly, but the government's announcement appeared to have caught flat-footed the Oasis Forum, an umbrella body comprising the country's main churches and NGOs, who have been spearheading a boycott of the government's Constitutional Review Commission (CRC). Spokesperson Lucy Muyoyeta told IRIN that the Forum was still studying the ministerial statement and had "no comment at the moment". It also took the wind out of the sails of the Non-Governmental Coordinating Committee (NGOCC), who had applied for a high court injunction restraining the CRC from beginning its sittings on 11 August. Although the injunction was refused, the court granted the NGOCC leave to apply for a judicial review. But constitutional lawyer Patrick Matibini said he did not think there was anything more to study, as the government had acquiesced to civil society demands. "I just hope people [the Oasis Forum] do not start changing the goal posts. They have been crying for an amendment to the inquiries act, and government has given in to them - it's time to stop fighting and work together." Kunda said the government had made its decision after "hearing the cries of the people" and emphasised that it was always the government's intention to listen to public opinion before making a decision on the constitutional process. However, analysts suggested there could be a different interpretation. On Thursday, four commissioners wrote to CRC chairman Willie Mungomba, threatening to resign because they no longer had confidence that Mwanawasa and his government were sincere in wanting a transparent constitution-making process, which would almost certainly rein in presidential powers. A senior government source told IRIN that the threat from the commissioners was the final straw. "With only two days to go before the CRC starts sitting, government could not afford to have commissioners in dissent. It would have been derailed by the resignations, giving weight to the resistance of the Oasis Forum and the court action by NGOCC. It was not really about choice, it was about saving face."