On September 19, 2010, ZANU-PF supporters and uniformed police assaulted MDC
supporters in Mbare, Harare, and prevented them from attending a constitution outreach
meeting. One resident, Chrispen Mandizvidza, died from his injuries on September 22.27
COPAC produced a draft constitution on July 18, 2012, that was discussed at the second
constitutional stakeholders meeting held on October 22 and 23 in Harare.28 With elections
expected in six months there is little time for the finalization of the constitution, and, if
approved at referendum and ratified by parliament, for its operationalization and the
revision of national laws in preparation for free, fair, and credible elections.
The unity government has not set out an alternative path to ensure credible, free and fair
elections in the event that the COPAC draft constitution is rejected at referendum stage.
The draft constitution leaves intact many of the executive powers that Mugabe has abused
in the past, such as sweeping legislative powers, powers to make key government
appointments, and presidential immunity from prosecution while in office and after
leaving office. It also does not recognize the right of diaspora Zimbabwean nationals to
vote, a major issue that could affect election results.29 Several civil society groups have
already rejected the draft and a “no” vote is a real possibility at referendum.30
Electoral system principles in the COPAC draft constitution are general and vague, calling
for elections to be: (a) peaceful, free and fair; (b) conducted by secret ballot; (c) based on
universal adult suffrage and equality of votes; and (d) free from violence and other
electoral malpractices.31 In light of the insufficient legislative and human rights reforms
highlighted in this report, Human Rights Watch remains concerned that the constitutional
referendum will not be free and fair.
27 “Zimbabwe: Violence, Intimidation Mar Constitutional Outreach,” Human Rights Watch news release, September 28, 2010,
http://www.hrw.org/news/2010/09/27/zimbabwe-violence-intimidation-mar-constitutional-outreach.
28 “Stakeholders Conference a Success, says parties,” The Herald, October 25, 2012,
http://allafrica.com/stories/201210250518.html (accessed October 28, 2012).
29 “Zimbabwe Draft
Constitution,” COPAC, July 17, 2012,
http://www.copac.org.zw/index.php?option=com_content&view=section&id=7&Itemid=154 (accessed December 3, 2012).
30 Civil Society groups such as the National Constitutional Assembly, the Zimbabwe Congress of Trade Unions, and the
Zimbabwe National Students Union have indicated serious reservations over the COPAC process and the draft constitution
that emerged from that process.
31 “Zimbabwe Draft
Constitution,” art. 7.1.
RACE AGAINST TIME
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