Constitutional review process criticised

Civil society groups in Zambia are demanding a broader constitutional review process and have stepped up pressure on the government. A coalition of NGOs and church groups called the Oasis Forum has opposed President Levy Mwanawasa's decision to have the Zambian constitution reviewed by a Constitutional Review Commission (CRC). Their rejection of the process is largely due to concerns that most of the CRC commissioners are presidential appointees, and that Mwanawasa has the power to accept or reject the commission's recommendations. Oasis Forum spokesman Reverend Japhet Ndhlovu said the final decisions on the recommendations of the CRC should "be a public affair, so that all Zambians may respond to the findings". NGOs have argued for constitutional reform aimed at protecting civil liberties and reducing what they call the "excessive powers" vested in the office of the president. In early 2003, Mwanawasa took the first step towards constitutional reform by appointing a special commission to gather views countrywide under the Inquiries Act, which also empowers the president to reject these views, as well as recommendations made by the commission. On the other hand, NGOs want the views of the people to be vetted by a more representative Constituent Assembly (CA). The Oasis Forum has outlined a five-point constitutional reform "roadmap" that stresses the importance of a CA as a "people's assembly" comprised of 650 delegates. President Mwanawasa's government has repeatedly dismissed the proposed CA as overly "expensive, cumbersome and lacking the legitimacy" the government enjoys by virtue of being elected. Legally, only the cabinet can adopt a national constitution and send it to parliament for enactment into law. A change to this legislation would require a national referendum, preceded by a census in which 50 percent of eligible voters participated. To constitute the CA, elections would have to be held in all nine provinces to choose the 650 representatives. These processes would take no less than three years, the government has argued. But the Law Association of Zambia disagrees, saying that the 2000 national census - the results of which were released only in 2002 - could be used for the purpose of a national referendum. Justice minister George Kunda has maintained that a census must be current to avoid a court declaring the process illegal. "We shall do nothing short of what the law requires us to do. We are here to defend the constitution and [our] understanding of [the law] is that a ... census has to be held," Kunda said. He warned recently that any Oasis Forum action challenging government policy on constitutional reform "bordered on treason", and Mwanawasa backed his justice minister in an interview with the Voice of America, saying the NGOs needed to seek legal advice as they were in danger of committing treason. These statements have caused a collapse in consultations between Mwanawasa and the Oasis Forum, which has embarked on a series of national rallies to raise awareness of the issue. Forum spokesman Father Joe Kamakoma said: "Government has decided to drive the process backwards by confirming our worst fears that they, and not the people of Zambia, should be in charge of the constitutional review process." This is the fourth time Zambia is reviewing its constitution since independence from Britain in 1964.