2. The Preamble
2.1
The COPAC Draft contains a preamble that recognises the contribution of women and
men in the liberation struggle of Zimbabwe. It also affirms a commitment to the rule of
law and a respect for human rights and freedoms. It does not, however, affirm the
principle of equality and respect for the inherent dignity of all persons regardless of sex.
The preamble could be improved by including the concept of equality as one of the core
values of the nation.
3. Chapter 1: Founding Provisions
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3
3.1
The chapter on founding provisions, inter alia, sets out the founding values of the state
and the framework for the interpretation of the Constitution and of public laws and
policies. It also paints a vision of the kind of society envisaged under the Constitution.
3.2
In their Position Paper, the women expressed the desire for the inclusion of founding
principles which affirm the principles of non discrimination and non sexism and the
inherent dignity of all human beings.
3.3
Clause 3.1 sets out seven principles and values on which Zimbabwe is founded. Two of
these principles / values speaks directly to the need for gender equality by providing for
“recognition of the equality of all human beings” and “gender equality”2. Two other
principles, namely, “fundamental human rights and freedoms” and “recognition of the
inherent dignity and worth of each human being” are also important for women in that
they address some of the main causes of the suffering that women face.
3.4
Clause 3.2 details the founding principles of good governence which bind all institutions
of the state and government. While all the principles impact women, the principle that
requires that the electoral system be based on “adequate representation of the electorate”
speaks directly to the need for women to participate in the political process in a way that
reflects the general population. 3
Clauses 3(1)(e) and (f)
Clause 3(2)(b)(iii)
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