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O 151023Z JAN 10
FM AMEMBASSY HARARE
TO RUEHC/SECSTATE WASHDC IMMEDIATE 5310
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHAR/AMEMBASSY ACCRA 3259
RUEHDS/AMEMBASSY ADDIS ABABA 3370
RUEHRL/AMEMBASSY BERLIN 1793
RUEHBY/AMEMBASSY CANBERRA 2627
RUEHD/AMEMBASSY DAKAR 2997
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RUEHNR/AMEMBASSY NAIROBI 0060
RUEAIIA/CIA WASHDC
RUZEJAA/JAC MOLESWORTH RAF MOLESWORTH UK
RHMFISS/EUCOM POLAD VAIHINGEN GE
RHEFDIA/DIA WASHDC
RUEHGV/USMISSION GENEVA 2528
RHEHAAA/NSC WASHDC

UNCLAS SECTION 01 OF 03 HARARE 000022 
 
SENSITIVE 
SIPDIS 
 
AF/S FOR B.WALCH 
DRL FOR N. WILETT 
ADDIS ABABA FOR USAU 
ADDIS ABABA FOR ACSS 
NSC FOR M. GAVIN 
STATE PASS TO USAID FOR J. HARMON AND L. DOBBINS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PTER PHUM ASEC ZI
SUBJECT: ZIMBABWE INCHES TOWARDS A NEW CONSTITUTION 
 
HARARE 00000022  001.2 OF 003 
 
 
------- 
SUMMARY 
------- 
 
¶1.  (SBU) On January 11, Minister of Constitutional and 
Parliamentary Affairs Eric Matinenga presided over the launch 
of the public outreach portion of Zimbabwe's effort to draft 
a new constitution.  In sharp contrast with last July's 
chaotic All Stakeholders Conference, the approximate 1,000 
delegates in attendance were orderly and, at times, even 
showed a commonality of purpose that cut across party lines. 
A number of representatives from all three parties spoke of 
the need for unity as the country pursues its quest for a new 
democratic constitution.  The launch was followed by a 
three-day training period.  Thematic outreach teams will then 
travel throughout Zimbabwe to gather views on the new 
constitution.  While this week's meetings went smoothly, 
there is concern that ZANU-PF will attempt to impede outreach 
efforts.  END SUMMARY. 
 
¶2.  (SBU) Matinenga made opening remarks to about 1,000 
delegates to launch the outreach process.  The launch was 
followed by a three-day training course administered to the 
625 members of the thematic outreach teams that will travel 
throughout Zimbabwe, gathering public views on the content of 
the new democratic constitution.  The 65 day outreach effort 
will commence in the next couple of weeks.  The GOZ and donor 
agencies are jointly providing funding. 
 
-------------------------------------- 
Time Frame for New Constitution Missed 
-------------------------------------- 
 
¶3.  (SBU) In his remarks at the launch, Matinenga attributed 
the delay in beginning the outreach portion of the process to 
bickering amongst the three political parties to the GPA, 
lack of funding, and little trust between stakeholders. 
Matinenga told the delegates that the Parliamentary Select 
Committee on the Constitution (PSCC) and his ministry are 
merely facilitating the process to enable Zimbabweans to 
write a democratic constitution for themselves.  He 
emphasized that the process of writing a new constitution was 
not about competing for state power, but building strong 
democratic institutions that foster good governance. 
 
---------------------------- 
Peaceful Launch A Good Omen? 
---------------------------- 
 
¶4.  (SBU) The launch of the outreach phase was peaceful and 
orderly, contrasting sharply with the chaos that reigned on 
the first day of the first All Stakeholders Conference in 
July 2009 when the proceedings were disrupted by ZANU-PF 
supporters and war veterans loyal to President Mugabe. 
 
¶5.  (SBU) We spoke to some delegates who told us that they 
were impressed by the peaceful atmosphere which prevailed at 
the event.  For example, MDC-T legislator for Makoni South, 
Pishai Muchauraya, said that the event was an important 
milestone in the constitution-making process and counseled 
caution.  He said that ZANU-PF can behave itself when it 
suits them, but cannot be trusted to keep cooperating without 
external pressure to rein them in.  His observation proved 
Qexternal pressure to rein them in.  His observation proved 
prescient: on January 12 some war veterans tried to disrupt a 
training session of a thematic committee by singing 
revolutionary songs.  But other members of the committee from 
the MDC and civic organizations refused to be cowed by the 
veterans and rebuked them, demanding they observe the rules 
of the PSCC that require all members to be non-political. 
 
 
HARARE 00000022  002.2 OF 003 
 
 
--------------------------------------------- ---------- 
"Shut Up" Mangwana Tells War Veterans Leader Chinotimba 
--------------------------------------------- ---------- 
 
¶6.  (SBU) As the fracas threatened to get out of hand, 
ZANU-PF PSCC Co-Chair Paul Mangwana intervened.  Mangwana 
berated the veterans and told them that they had no monopoly 
over the country's affairs.  He told notorious veterans' 
leader Joseph Chinotimba to "shut up and stick to business." 
The veterans relented and complied.  The incident underscored 
the precarious state of the truce that binds the political 
rivals even in a national cause such as the writing of new 
constitution. 
 
---------------------- 
Kariba Draft Abandoned 
---------------------- 
 
¶7.  (SBU) One sticking point in the ongoing constitutional 
reform process has been the parties' disagreement on the use 
of the 2007 Kariba Draft Constitution.  ZANU-PF had insisted 
that the draft be the reference point for the new 
constitution-making effort, while the MDC argued that there 
should be no reference document.  But in their speeches 
Mangwana and PSCC co-chair Douglas Mwonzora told the 
delegates that the outreach teams would not use any reference 
documents when they gathered the people's views on the 
constitution.  Mangwana told the delegates that no draft 
would be imposed on the people, and the people must give 
their views freely.  He warned all delegates -- singling out 
politically-linked delegates -- against engaging in 
campaigning.  He said that political party representatives in 
the PSCC ceased to take instructions from their parties once 
they became part of the Committee. 
 
¶8.  (SBU) We spoke to Mangwana about the positive tone of his 
speech to the delegates. He said that the event warranted it 
and that the time had come for Zimbabwe to move forward. 
 
------------ 
MDC On Guard 
------------ 
 
¶9.  (SBU) Despite the successful launch of the outreach 
phase, some senior MDC-T officials remained cautious. 
Mwonzora told us that while he appreciated the level of 
co-operation that ZANU-PF was showing, it was important for 
the MDC formations not to be complacent.  He said that the 
process is still vulnerable to the caprices of ZANU-PF. For 
the time being however, Mwonzora believes that the process is 
on course and should lead to a draft constitution by year's 
end.  He told us that the process had built-in mechanisms to 
ensure public views were captured accurately. 
 
¶10.  (SBU) Echoing Mwonzora's caution, Matinenga told the 
Ambassador in a meeting on January 14 that the outreach phase 
was beginning well and that ZANU-PF was saying the right 
things.  But he noted that during his visits to rural areas 
to discuss the constitutional process ZANU-PF officials had 
said constitutional reform should be dependent on the removal 
of sanctions and he was concerned that ZANU-PF would try to 
impede the outreach. 
 
---------------------- 
Civil Society Critical 
---------------------- 
Q---------------------- 
¶11. (SBU) The National Constitutional Assembly (NCA) which 
has been critical of the constitutional process because of 
the influence of the political parties, issued a statement 
that "the process is not only illegitimate but should not be 
 
HARARE 00000022  003 OF 003 
 
 
taken seriously by any Zimbabwean citizen."  The NCA 
complained that the composition of the thematic committees 
had been determined by the parties and not civil society. 
Civil society groups have also noted that outreach members 
include partisans such as Jonathan Moyo and individuals who 
were involved in the 2008 election violence. 
 
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COMMENT 
------- 
 
¶12.  (SBU) Zimbabwe's constitutional drafting process has 
resumed after a six-month hiatus caused largely by the 
preoccupation of the political leadership with outmaneuvering 
each other in government.  Consequently, the outreach phase 
has begun two months after it was supposed to have been 
completed. 
 
¶13.  (SBU) Delays aside, this phase will test ZANU-PF's 
willingness to tolerate constitutional reform.  Historically 
Mugabe's party has restricted access by civics and members of 
the opposition into rural strongholds.  With sensitive topics 
up for discussion such as checks on executive authority and 
control of the military, ZANU-PF may view this outreach 
effort as a threat to their control and engage in efforts to 
frustrate the process.  END COMMENT. 
 
RAY