Hope for Zimbabwe's Constitutional Reform

The process of re-writing Zimbabwe's constitution has been stalled awaiting funding, but observers seem confident that drafting a new document outlining human rights in the southern African nation is on track - and proving inclusive of women.

"There is generally discussion and debate happening among Zimbabwean women around the constitutional reform process," said Oxfam International Advocacy Officer Teresa Mugadza. "There is much learning, sharing, preparation and waiting."

Zimbabwe is in a state of political transition, after a coalition government began leading the country in February, after an almost 30 year rule by President Robert Mugabe. Facing international pressure and spiraling inflation rates, Mugabe signed a Global Political Agreement allowing him to retain the presidency while Opposition Leader Morgan Tsvangirai was named prime minister. The unity government was granted 18 months to draft Zimbabwe's new constitution.

Oxfam is supporting several women's groups hoping to influence the rewriting of the constitution, including Women in Politics Support Unit (WiPSU) and the Women's Action Group (WAG), which have set up "consultations with women in communities, rural and urban, and, interestingly, the faith-based organizations [are] on board as well," Mugadza said.

Women's issues are particularly pertinent to a document enshrining civil rights, since many women are disproportionately affected by political decisions and more vulnerable to having their rights violated or exploited.

"Women's organizations make up the one sector that has made it very clear that the organizations will participate in this constitutional reform process because this is a process that is, in my view, about women. It is an opportunity for women to stand up and have their say in what this country's constitution says about them, which becomes the basis for how the law and institutional frameworks interface with women," Mugadza said.

In the wake of the first round of voting during the 2008 elections, there were thousands of allegations of sexual violence committed by one party against the supporters of their political rival. Reports of violence grew so numerous, Tsvangirai pulled out of the race. The resulting backlash led to the formation of the unity government.

Women are also vulnerable in the area of economic and property rights - many women are denied the right to own property or claim inheritances because of the dual system of law, which disenfranchises women under customary law. Because customary law states that the majority of the land in Zimbabwe is communal, for instance, women's access to this land has often been prohibited.

Women's groups are also pushing for greater rights around issues of equality and discrimination. Many groups are hoping to influence policy makers to look beyond civil rights.

"There is a greater push now to have social and economic rights be guaranteed in the constitution to ensure that people can begin to demand a call to the government for basic rights, such as the right to education, the right to health, the right to adequate housing, etc.," Mugadza said.

Up to now money, rather than politics, has proven the biggest roadblock to rewriting the constitution. However, the recent disengagement from the executive functions of the unity government by the MDC-T led by Morgan Tsvangarai may cause delays in moving forward with the constitutional reform process, especially if it causes further hesitation by foreign donors and investors to put money into the country.

Consultations that were meant to have taken place in some communities have been delayed because of lack of funding, Mugadza said. However, she noted that the process "opens up the opportunity for communities and politicians to have robust debates, something that has not happened in the last couple of years."

She is optimistic about the constitution's progress, calling the unity government "committed" to the redrafting. "They are looking for money to get the process on course again," she said.