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Zambia

Zambia: constitution review underway

The ZCID Board engaged in a process of interparty dialogue for fifteen consecutive days in order to define a compromise to break the impasse regarding constitutional reform.

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Zambia: constitution review underway

State of democracy

Formal checks and balances in Zambian democracy remain limited due to an extremely powerful executive and a relatively limited mandate for Parliament. Within this legal set-up, it is difficult for Parliament to truly hold the government accountable. The year 2007 provided a window of opportunity to address the legal framework of Zambian democracy. A constitutional review procedure was agreed upon that will enable debate over the fundamental principles of Zambian democracy, such as the power balance within the political system, the electoral system and the Bill of Rights.

However, the government and a major (umbrella) non-governmental organization had both developed a roadmap for constitutional reform and were fighting each other over the procedures to be followed. With help of the Zambian Centre for Interparty Dialogue (ZCID), an NIMD partner, a compromise was eventually reached, paving the way for the constitutional reform process in Zambia.


Balanced political landscape


Although the Movement for Multiparty Democracy (MMD) won the elections in 2006, the political landscape was more balanced throughout 2007 than before thanks to the sound electoral performance of the Patriotic Front (PF). The situation also stimulated both parties to continue to maintain close contact with their constituencies.


Pseudo parties


Civil society organizations have long pushed the agenda for constitutional reform and were seen by many as ‘pseudo-political parties’. When political parties, with input from NIMD, reached an agreement over this crucial issue, various NGOs saw their power base and donor support threatened.


NIMD Programme

Improving the political system

To break the impasse over the constitutional reform process (see above), all parties organized internal party consultations on this matter. Subsequently, the ZCID Board – which is composed of the Secretary Generals of the member parties – engaged in a process of interparty dialogue for fifteen consecutive days in order to define a compromise.

ZCID also organized a high-level, interparty visit to South Africa to discuss the constitutional reform process that had taken place there.


Strengthening the political parties


In 2007 the NIMD/ZCID programme continued providing support to parliamentary parties in order to enhance their management capacity. A stronger emphasis was placed on improving internal financial management, administration and project management capacity.


Evaluation

An external evaluation of the NIMD/ZCID programme was undertaken in October. The programme framework was assessed positively, but the evaluators noted that additional work needed to be done in such areas as the bilateral support to political parties and in the institutional aspects of the ZCID.


Multiparty cooperation
After years of informal cooperation the Zambian Centre for Interparty Dialogue (ZCID), a platform established by parliamentary parties and two non-parliamentary parties, was formally launched in June 2007.


Political parties break deadlock on constitutional reform

On 26 June the leadership of all political parties, including the main political opponents President Mwanawasa and opposition leader Michael Sata, met to discuss – and agree on - a joint position over the constitutional reform process.

Even the most critical journalists reported positively about the fact that parties were apparently able to work together in order to strengthen the framework of Zambian democracy. The leaders of all major parties had been brought together by their Secretary Generals, who had been working together on numerous (less sensitive) programmes for quite some years. The political agreement was a sound example of the possibilities and advantages of interparty cooperation.

Most of the elements within the proposed agreement were taken over by the Minister of Justice and presented to Parliament. However, it became clear at a later stage that some key actors, notably churches, with a historic role in Zambian democracy felt – and actually were – underrepresented within the NCC. Their lobby resulted in the withdrawal of Patriotic Front’s commitment to the agreement. However, once the NCC was installed, quite a number of PF supporters did participate. Negotiations were still ongoing at the end of the year to get all actors more involved in the reform process and increase its legitimacy.

More information

Political parties in parliament

• United Democratic Alliance (coalition of UNIP, UPND, FDD)
• Patriotic Front (PF)
• Movement for Multiparty Democracy (MMD)
• National Democratic Forum (NDF)
• United Liberal Party (ULP)
• Independents

Key political events

• Former President Chiluba is found guilty of corruption (4 May). Until now, he has not yet been held accountable.
• Political consensus reached on constitutional reform process (26 June). After long disputes between government and civil society, the Zambian political parties, brought together within the NIMD supported Zambian Centre for Interparty Dialogue (ZCID), developed a compromise solution.
• Inauguration of the National Constitutional Conference (19 December) which will prepare for a new constitution.
 

Key achievements in 2007

• Successful facilitation of a political compromise over the constitutional reform process.
• Enhanced contact with regional branches of political parties over constitutional issues. Traditionally, Zambian political parties became almost inactive after elections. ZCID facilitated exchanges with the party rank and file to provide input for interparty dialogue sessions on the constitutional reform process.
• Internal management capacity of political parties has slightly improved.

Lessons learned in 2007

• The negotiations over the new constitution showed that political parties can play an important intermediary role between government and civil society. The parties have proven able to see each other not only as competitors but also as actors sharing a collective responsibility to strengthen Zambian democracy.
• Investments in basic and practical skills within political parties (such as computer software training, financial management, administration, archiving) should become even more prominent on the ZCID/NIMD agenda.

Priorities for 2008

• Defining ZCID’s civic education and political resource role towards NCC and holding the NCC accountable.
• Assisting parties with implementation of their regional capacity-building activities (based on individual priorities).
• Assisting ZCID with implementation of the roadmap for institutional strengthening.

Key national partners

• Zambian Centre for Interparty Dialogue (ZCID)
• Foundation for Democratic Process (FODEP) (local NGO)
• National Women’s Lobby Group
• OASIS Forum (local NGO)
• Constitutional Awareness Network (CAN)

Key international partners

• Royal Netherlands Embassy
• Department for International Development (DFID), United Kingdom
• European Union (EU)
• United Nations Development Programme (UNDP)
• Governance Group donor community
• African Peer Review Mechanism (APRM)