RIGHTS-ZAMBIA: Civic Groups File an Injunction to Restrain Head of State

By IPS Correspondents Reprint | | Print |

Zarina Geloo

LUSAKA, Aug 7 2003 (IPS) - The battle between President Levy Mwanawasa and the women’s movement in Zambia is enjoined.

The Non-Governmental Coordinating Committee (NGOCC), the umbrella body of all ngos in Zambia, has filed an injunction restraining Mwanawasa’s commission from beginning its sittings on Aug. 11.

The Constitutional Review Commission (CRC), the flagship of Mwanawasa’s presidency, has been contentious from its inception.

The women, along with church groups, have opposed Mwanawasa’s decision to have the Zambian constitution reviewed for fourth time by using the commission. They are concerned that Mwanawasa would play a key role in selecting the participants, which he has, and vet the commission’s recommendations which like in the past, will seek to curb his presidential powers and call for a referendum to deal with human rights.

Lucy Muyoyeta, chairperson of the NGOCC, says the women’s movement was forced to take legal action. She says pre-emptive pronouncements by Mwanawasa and members of his executive show that government was averse to legislating for a constituent assembly, or any popular body which would create a document that all Zambians could take ownership.

In the affidavit she presented to the court on behalf of the NGOCC, she states that the president had rejected proposals made by civil society organisations to have the Inquiries Act amended, so as to bring the constitution review process into conformity with the requirements of a people-driven process.

Muyoyeta argues that the money to be used under the planned action of the commission exceeded the amount appropriated by Parliament. And that those expenditures were illegal and abuse of power by the executive, especially since Zambia already had a budget overrun of 40 million U.S. dollars.

"Similar processes with fundamentally the same terms of reference have been undertaken and rejected by the executive and culminated in constitutions that have failed to meet the aspirations of the people," Muyuyota says.

That is one point. Underlying this action by the Women’s movement is Mwanawasa’s cavalier attitude towards concerns about women and children rights.

In the past constitution reviews, civil society organisations have made submissions protecting and promoting the rights of women and children and calling for the domestication of international instruments which protect women and children. These have been thrown out and are likely to be discarded again if Mwanawasa is in charge of adopting recommendations, because they require a referendum which government says it has no money for.

"We need the recommendations to be adopted through a constituent assembly not an individual with ulterior motives. We are tired of being told that it is expensive to domesticate international conventions and instruments relating to women and children. Cost should not be a factor when it comes to people’s rights and their dignity," says Member of Parliament, Inonge Wina.

Mwanawasa has been so incensed by what he perceives as the intransigence of NGOs (which are mostly headed and comprise women) that at a recent public rally he threatened to deport those who were not Zambian.

"We cannot have foreigners interfering in the running of our affairs," he said. Everyone knew this was reference to Women for Change head Emily Joy Sikazwe, an icon in poverty alleviation and one of government’s strongest critics. Her mother is said to hail from Malawi, but Sikazwe is Zambian by birth.

"Mwanawasa’s comments are unfortunate but we have heard the argument before in Zambia. Successive governments have tried to raise the ethnic origins of their critics to undermine, intimidate and silence the opposition," Muyoyeta says.

In 1996, former president Fredrick Chiluba forced through a constitutional amendment limiting the presidency to people with both parents born in Zambia. He used it to bar founding president Kenneth Kaunda from attempting a comeback in 1996.

The Women’s movement has threatened dire consequences for Mwanawasa should he attempt to deport Sikazwe who has a wide following especially in the rural areas. Opposition party leaders Michael Sata and Anderson Mazoka have pledged their support to the women’s movement, saying Mwanawasa should just submit to a referendum and stop fighting the women.

"This time we are not going to allow a president to ride rough shod over us. This time we are standing firm and talking charge of the situation, we are tired of our women and children suffering under discriminatory laws while leaders prance around looking busy," says an undeterred Sikazwe who has been arrested several times for opposing government.