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  Home | Press Releases |31 October 2005    
 

Press Release

  

 
 

JCTR LINKS CONSTITUTIONAL PROCESS AND CONTENT IN RESPONSE TO CRC DRAFT

October 2005

The Jesuit Centre for Theological Reflection (JCTR) affirms the close inter-connection between constitutional process and content issues in order to assure a good people-oriented Constitution for Zambia.

Responding to the Constitution Review Commission (CRC) demand for public scrutiny of the Interim Report and Draft Constitution, the JCTR emphasises that the debate around what should be contained in the final Constitution (content) and how to adopt the Constitution (process) is not only a political debate, but is very fundamentally an ethical debate

Therefore the JCTR calls for a Constitution that prioritises the following value dimensions: human dignity, common good, principles of subsidiarity and responsibility, protection of human rights and freedoms, and special concern for the vulnerable groups, particularly the majority poor in the country.

Based on these values, the JCTR submitted to the CRC on Friday 28 October 2005 a set of recommendations.

1.  We agree with the Commission on the following issues:

  • Expansion of the Bill of Rights to include children’s rights, women’s rights, rights of people with disabilities, rights of the elderly and economic, social and cultural rights (e.g., education, health, worker’s rights, water and sanitation, etc.)
  • Inclusion of constitutional guarantees that enable people (through their Members of Parliament) to participate effectively in the external debt contraction process
  • Enabling of appointments of Ministers from outside Parliament so as to draw from a wider pool of expertise and free them from constituency obligations
  • Correction of the electoral system to overcome the unfairness and irregularities that have marred the system over the years
  • Removal of a “Christian Nation Declaration” clause from the Preamble as being unnecessary and divisive
  • Approval of the mode of adoption of the Constitution by a Constituent Assembly and a National Referendum.

2. We disagree with the Commission on the following issues:

  • Retention of the death penalty and allowance for unrestricted abortion
  • Denial of possible citizenship to refugees born in Zambia
  • Use of the word “secular” in describing Zambia as a state without a state religion

It is clear at this very critical moment of constitutional review that there is need to reach consensus in both content and process. This will only be achieved if all stakeholders (government, civil society organizations, church and political parties) engage in constitutional dialogue, compromise and patriotism. JCTR believes that these values will contribute to national stability and a future Constitution that really can begin with the sacred phrase, “We the People…”

Detailed analysis of these constitutional issues can be found in the JCTRThird Quarter 2005 Policy Brief entitled: “Zambia’s Constitutional Review: What Sort of Principles and Issues?” PDF Document
 

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