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THE G-8 AND ZAMBIA’S NEW CONSTITUTION:
A GREAT OPPORTUNITY FOR PRESIDENT MWANAWASA

Release of Zambia’s draft Constitution and the G-8 meeting in Edinburgh – how are these two events connected?  It is indeed a very happy coincidence that just before the leaders of the rich world gather to discuss their response to Africa’s needs, our own country has before it the long-awaited draft for a new Constitution.  Why is this a happy coincidence and how will it enhance the strength of President Mwanawasa’s participation in the G-8 meeting 06-08 July?

The whole world knows the importance for Africa of this gathering of the G-8 leaders, because of the tremendous publicity generated by the “Make Poverty History” campaign and the estimated two-billion people who watched on television the “Live-8” musical concerts on Saturday 02 July.  The campaign, reinforced by the songs and statements from the concerts, has urged the political summit to make firm pledges to provide more and better aid, make trade more just and cancel the debts.  These issues of aid, trade and debt are, of course, central to the future of Zambia’s sustainable development.

That is why it is important for President Mwanawasa to be present in Edinburgh to argue Zambia’s case.  And that is why it is so beneficial that he can take with him the draft of Zambia’s new Constitution.

We all know that the leaders and the people in the G-8 countries often object to the sweeping proposals offered by British Prime Minister Tony Blair TO ADDRESS Africa’s pressing needs.  They object because they say that the African countries are (1) not truly democratic, (2) are corrupt, (3) have not put people’s needs as policy priorities, and (4) will only fall deeper into debt in the future.  “Africa must put its own house in order,” the argument states, “before expecting help from the people in the rich countries in the north.

Surely some of these arguments and more will face President Mwanawasa when he goes to participate in the G-8 meetings.  But if he brings along with him to Edinburgh a copy of the draft Constitution prepared by the Mung’omba Constitutional Review Commission (CRC), he can immediately and effectively counter each of those arguments in Zambia’s case.

Promoting Democracy

First, Zambia has a wonderful chance to show that it is truly democratic by following the strong recommendation of the CRC to have the new Constitution adopted by a Constituent Assembly (CA). What can be more democratic than guaranteeing a people-driven fundamental law of the land?  As the CRC Report demonstrates, it is the overwhelming desire of the Zambian people to have the Constitution really mean what its Preamble states so clearly:  “We the People of Zambia…do hereby adopt, enact and give to ourselves this Constitution.” 

By showing the G-8 leaders his commitment to follow the recommendation of the CRC to have the Constitution adopted by a Constituent Assembly, President Mwanawasa can put to rest one of the major challenges that question Zambia’s democratic processes.

Curbing Corruption

Second, in the draft of the new Zambian Constitution, the commitment to curb corruption is evident.  The charge that African nations are corrupt often centres around the power that leaders give themselves to rule in their own interests.  Concentrated power in the hands of a President and her or his Ruling Party often leads to abuse of authority and misuse of resources.  But in the case of Zambia, the draft of our new Constitution clearly puts limits on the power of the President.

Paying attention to the submissions of the people, the CRC rightly trims the powers of the President without hampering her or his effectiveness.  For example, Article 190 restricts the ability of the President to dissolve Parliament, since she or he must get approval from the Constitutional Court for such action.  Moreover, Articles 273, 274 and 275 state that the President must follow very clear procedures in removing key figures like the Attorney General, Solicitor General and Director of Public Prosecutions.  These and similar instances of restraining the power of the President are good constitutional safety measures for curbing corruption.

Meeting People’s Needs

Third, in a very significant way, the new draft Constitution addresses the priorities that the Zambian government should put on meeting the full needs of the people.  Many in the G-8 countries correctly question whether the increased aid they are being asked to supply to Africa will really benefit the people and meet the urgent challenges of poverty.   Is there any strong pressure within a constitutional framework that can oblige governments to set up effective programmes for providing health and education services, promoting employment, improving housing and water and sanitation infrastructures, protecting environment, etc.?

Articles 64 to 71 of the draft Constitution answer these concerns very directly by guaranteeing within the newly-designed Bill of Rights “the progressive realisation of the economic, social and cultural rights” (#64).  In our previous Constitution, these rights were only “directive principles of state policy,” without any justiciable character.  But with their inclusion in the Bill of Rights – along with rights, for example, of women, elderly, children and persons of disability (#s 41 to 47) – the government will be obliged to demonstrate commitment of energies and resources to meeting people’s needs.

Lessening Debt

Fourth, it is highly commendable that the Mung’omba Commission listened to the demand of groups like Jubilee-Zambia that have urged for limitation of contraction of new debts.  Surely President Mwanawasa will hear from G-8 leaders the question about whether the post-HIPC period in Zambia will be marked with more prudent and transparent borrowing practices.  One of the ways that Zambia slipped into its massive external debt is that there was no constitutional constraint on Government’s borrowing – the Minister of Finance could sign for loans without seeking wider approval.

But Article 332 of the draft Constitution makes very clear that the National Assembly must approve all contracts entered into by the Government that incur public debt.  What this means is that the contraction process becomes public and transparent, with the people’s representatives charged with oversight on debt management.  The danger of Zambia’s’ falling again, after all the HIPC fuss, into grossly unsustainable debt is at least lessened by this constitutional provision.

Conclusion

Surely the points I have mentioned here do not cover all the important issues that will be raised in days ahead as we analyse and debate the draft Constitution submitted last week by the CRC.  But these four points do make it clear why President Mwanawasa will now have a strong hand in dealing with possible challenges to Zambia’s eligibility and worthiness to receive the needed trade, aid and debt benefits that justice requires for our sustainable future development.

My suggestion is that President Mwanawasa carry with him to Scotland eight copies of the draft Constitution to give to each of the G-8 leaders.  By committing himself to the constitutional process and content outlined by the CRC, the President can win over the necessary structural commitment to “make poverty history” in Zambia!

Published in THE POST, Lusaka, Zambia, Tuesday, 05 July 2005 

Peter Henriot is director of the Jesuit Centre for Theological Reflection (JCTR), Lusaka