VZCZCXRO6657
OO RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHSB #0970/01 3021320
ZNR UUUUU ZZH
O 281320Z OCT 08
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3626
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 2387
RUEHDS/AMEMBASSY ADDIS ABABA 2507
RUEHRL/AMEMBASSY BERLIN 1011
RUEHBY/AMEMBASSY CANBERRA 1783
RUEHDK/AMEMBASSY DAKAR 2138
RUEHKM/AMEMBASSY KAMPALA 2563
RUEHNR/AMEMBASSY NAIROBI 4991
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 1656
RHEHAAA/NSC WASHDC

UNCLAS SECTION 01 OF 02 HARARE 000970 
 
SENSITIVE 
SIPDIS 
 
AF/S FOR B. WALCH 
DRL FOR N. WILETT 
ADDIS ABABA FOR USAU 
ADDIS ABABA FOR ACSS 
STATE PASS TO USAID FOR E. LOKEN AND L. DOBBINS 
STATE PASS TO NSC FOR SENIOR AFRICA DIRECTOR B. PITTMAN 
 
E.O. 12958: N/A 
TAGS: PGOV PREL ASEC PHUM ZI
SUBJECT: CIVIL SOCIETY WARNS OF FLAWED CONSTITUTIONAL 
PROCESS 
 
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SUMMARY 
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¶1. (SBU) In an October 24 conversation with poloff, Lovemore 
Madhuku, chairman of the National Constitutional Assembly 
condemned the constitutional drafting and adoption process 
laid out in the September 15 signed power-sharing agreement. 
He charged that the intended constitutional process does not 
allow for sufficient participation by civil society 
organizations and ordinary Zimbabweans, and warned that 
ZANU-PF has a constitutional history of pretending to engage 
stakeholders, while ultimately drafting what meets their 
needs.  END SUMMARY. 
 
-------------------- 
Beware, Says Madhuku 
-------------------- 
 
¶2.  (SBU) Lovemore Madhuku was highly critical of the degree 
of civil society participation in the drafting of a new 
constitution, as stipulated in the September 15 power-sharing 
agreement  He said that the proposed process is government 
dominated.  Specifically, the "Select Committee o 
Parliament" responsible for creating subcommittes, holding 
public hearings, convening a stakehoder conference, and 
drafting the document, will nt include civil society 
members.  Civil society ill only be represented through the 
subcommittee, where they will be chosen by parliamentarians. 
 
 
¶3.  (SBU) According to the schedule agreed upon by ZANU-PF 
and the MDC, following the stakeholder conference and before 
the draft constitution is put to a national referendum, the 
draft will be debated in Parliament.  Madhuku warned that 
during this debate, the draft is certain to be amended.  He 
cited the 1999 constitutional drafting process as an example 
of ZANU-PF-led duplicity.  Responding to calls for 
constitutional reform, President Mugabe appointed a 
constitutional committee in 1999 to produce a draft.  That 
committee consisted of 400 commissioners, nearly all of whom 
were handpicked by Mugabe and were members or supporters of 
ZANU-PF.  According to Madhuku, the committee completely 
changed the context of the goals of constitutional reform and 
produced a draft that sought to strengthen the presidency. 
(NOTE:  To the surprise of Mugabe and ZANU-PF, that 
constitution was rejected in a nationwide referendum, as 
voters revealed their waning confidence in government.  END 
NOTE.) 
 
¶4.  (SBU) Madhuku also cited the draft constitution produced 
in Kariba on September 20, 2007 as additional evidence of the 
lack of civil society or public involvement.  The Kariba 
draft constitution was coauthored by four MDC and ZANU-PF 
representatives as part of the negotiations leading up to the 
harmonized presidential and parliamentary elections last 
March.  According to Madhuku, the draft was written without 
any external input. "They just wrote it.  Even within their 
parties there were no discussions."  Madhuku now expects that 
any new constitution would use the Kariba draft as a baseline 
document.  Indeed, the Kariba draft was cited in the 
power-sharing agreement and attached as an appendix. 
 
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COMMENT 
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¶5.  (SBU)  Madhuku, who represents the feeling of many civil 
society leaders and activists, has long been a critic of 
 
HARARE 00000970  002 OF 002 
 
 
ZANU-PF.  More recently he has been frustrated by what he 
feels is insufficient involvement of civil society by the 
MDC.  This is driving his call for public demonstrations as 
an alternative means of effecting the constitutional process. 
 END COMMENT. 
 
MCGEE