Zimbabwe Human Rights NGO Forum Special Report Gender and Constitutional Issues Chapter 3 The 1999 Proposed Constitutional Changes In the 1999 draft constitutional proposals, a concerted effort was made to address and rectify these problems. However, when voters were required to accept or reject this draft as a package, the proposals were rejected in the February 2000 Referendum. Had voters been allowed to vote separately on each clause or chapter of these proposals, it is likely that they would have accepted the proposed Chapter III: Fundamental Human Rights and Freedoms as a significant improvement on the existing Declaration of Rights, even though women’s groups were not satisfied with the proposals. Among other lobbies, Zanu-PF (1999:3) suggested to the Constitutional Commission that a ‘founding charter’ should include among its ‘fundamental principles’ the prevention of ‘all forms of discrimination on the basis of … gender’, but did not include sex as a prohibited basis for discrimination. Unless ZanuPF is also confused about the difference between sex and gender, this omission can be presumed to have been deliberate. Zanu-PF did not suggest that the prevention of any form of discrimination (including gender) should be part of a justiciable declaration of rights. The Constitutional Commission’s final draft proposals9 (Chapter I s.7) made the Constitution the supreme law of Zimbabwe, and determined ‘if any other law or conduct is inconsistent with this Constitution that law or conduct is invalid to the extent of the inconsistency’. It included non-justiciable objectives (in Chapter II) relevant to gender equality as follows: 19(1) The State must (a) promote and preserve cultural values which enhance the dignity and well-being of Zimbabweans. 21 (1) The State must ensure gender balance and a fair representation of marginalised groups on all constitutional and other governmental bodies; 21(2) The State must promote full participation of women in all spheres of Zimbabwean society on the basis of equality with men; 21(3) The State must take all practical measures to ensure that women have access to land and other resources on the basis of equality with men. 25(2) In particular, the State must endeavour to secure … (iv) maternity leave 26(1) The State must protect and foster the institution of the family as the basic unit of society; 26(2) In particular, the State must endeavour, within the resources available to it, to adopt measures for (a) the provision of care and assistance to mothers, fathers and other family members who have charge of children; and (b) the prevention of domestic violence. 27(a) Everyone of marriageable age is free to marry another such person of the opposite sex and to found a family; 27(b) No marriage is entered into without the free and full consent of the intending spouses; 27(c) There is equality of rights and responsibilities of spouses during the marriage; and 27(d) In the event of dissolution of a marriage, provision is made for the necessary protection of any children and spouses. 9 The Herald 1 December 1999 (Draft New Constitution: The Full Text); Zimbabwe Independent 28 January 2000 (Corrections and Clarifications). 10