Over the last five elections zambias firstpastthepost fptp system has. Zambians have been pressing for the release of the draft constitution since november last year when the technical committee wound up its work. Zambia council for social development zcsd home facebook. The quest for a people driven constitution in zambia constitutionnet.
A final draft was released in october 2014 but is still not adopted and reports indicate that it may still be debated. Final draft constitution to be handed over in october. Open society foundation osf has demanded to know where the final draft constitution is and when it will be handed over to the president and members of the public simultaneously. The implications of zambias draft constitution for.
Campaign for the release of the final draft constitution. Throughout the history of constitution reform in zambia, there has often been tension between the need to encourage consensus and popular involvement on the one hand, and the desire by the. God or other deities we, in the name of the tunisian people, with the help of god, draft this constitution. Government officials frequently enforced registration laws, closing at least two churches. In august of 2010 the national constitutional conference presented its final report. Oct 23, 2014 acting justice minister ngosa simbyakula said that the draft constitution will be uploaded on a website to be advised by the ministry of justice an early copied has been obtained and published below. Zambia 2014 international religious freedom report executive summary the constitution declares the country is a christian nation while prohibiting religious discrimination and providing for freedom of conscience and religion. In the draft it is stated that the constitutional rights do not apply to those that are repugnant to the morals and values of the people of zambia and also states that everybody. Oct 24, 2014 the government has now published the draft constitution of zambia after persistent demands by civil society and other members of public. He has further stated that not until the final draft constitution has been handed over to government will the roadmap form its adoption be. This constitution is the supreme law of the republic of zambia and any other written law, customary law and customary practice that is inconsistent with its provisions is void to the extent of the inconsistency. Technical committee on drafting the zambian constitution 2011. Continuous effect of constitution part ii sovereignty 4. The draft constitution that came out of the process sought to amend parts of the constitution while leaving intact the bill of rights section of the constitution in order.
President lungu has utilised his position of acting president to cause government to release the draft constitution to parliament after such a long time and demands from the public. Kabimba justice minister wynter kabimba has ended speculation over the whereabouts of the final draft constitution by admitting that the document is in the possession of his ministry. Download zambias new constitution as amended elias. The release of the all vital document is seen as a jubilee gift to the zambian people as. Oct 23, 2014 zambia presented a new draft constitution that would permit dual citizenship and abandon the firstpastthepost presidential election system as the nation prepares to celebrate 50 years of. This act may be cited as the constitution of zambia amendment act, 2016, and shall be read as one with the constitution of zambia, in this act referred to as the constitution. The territory of the united republic of tanzania 3. The abbreviation of 6 the football association of zambia is faz.
In zambia, the momentum for adoption of the new draft has slowly but surely been sandbagged, until in august this year, the innovative human rights components of the draft failed at the. For my media colleagues, this final draft constitution has guaranteed freedom of the media in article 36 and in article 35, freedom of information for all zambians has also been guaranteed. Zambia draft constitution of the republic of zambia. Perhaps given zambias political history, there is an unusually long section on the protection of the president from legal proceedings in the draft constitution. It is likely that current extremes and challenges of climate variability manifested often as floods and droughts will be experienced for decades to come. Constitution, a question proposed for decision in the. Mr chanda says this decision is remarkable and demonstrates governments goodwill to give zambians a new. Constitution amendment act 2016 national assembly of zambia. All contentious clauses retained in final draft constitution. Acting in terms of that mandate, the nca launched the 1st draft on 28 september 2001 and thereafter the following events took place. International institute for democracy and electoral assistance 2014. How upnd and pf blocked last draft constitution zambia reports. This website makes no representation whatsoever as to the accuracy of this document.
What is clear is that we are not going to have a new constitution before 2016 because the time has run out. And in the preamble, the 1996 declaration of zambia as a christian nation by then president frederick chiluba has been retained. Citizenship by birth recommendations in the first draft constitution. No part of this simplified version of the draft bill of rights, as contained in the 23rd october 2014 final draft constitution of the. Review of the draft constitution for the republic of zambia july 11, 2012 muna ndulo professor of law, cornell university law school director, cornell institute for african development honorary professor of law, cape town university extra ordinary professor of law, free state university, south africa 1. Zambias constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and enacting the final constitution.
Insights into emb role and approaches of engagement. National flag of the republic of zambia including white the emblem of 5 faz is a fish eagle standing on a football. The draft constitution was praised by all stakeholders and zambians hoped that they would at last get a constitution that would last the test of time. A draft constitution was eventually released in october 2014, though its path forward remains unclear amid the countrys political transition. The implications of zambias draft constitution for maternal mortality january 2015 in zambia, induced abortion termination of pregnancy is legal when carried out by a registered medical practitioner who believes that continuing a pregnancy involves a risk to the life of the. The constitution of zambia act, 1991 and the constitution in the schedule to that act, are repealed in so far as they form part of the laws of zambia. When this date reached a row erupted between the committee and the government as the committee said they were not ready and would only complete the task after a month. And former open society foundation executive director sunday chanda says president michael sata and pf government must be commended for honouring the promise to release the final draft constitution today, the 23rd of october 2014. They discuss hybrid constitutionalism chen 2014 as systems.
Kabimba ends speculation on draft constitution pf will. Zambias opposition pushes govt to release draft constitution. Constitutionmaking in southern africa freedom house. National climate change response strategy nccrs zambia, final draft ii executive summary climate change is a significant development challenge globally and locally. It is a promise he made to the zambian people on january 24, 2015, when he was sworn in as zambia s sixth head of state and he returned to the same venue, heroes stadium in lusaka, to give the people what he promised. History of zambian constitutionpart v zambia daily nation. The final draft constitution, as leaked, has taken a position on some of the debates which raged during the constitutionmaking process. On the 15th of january 2014 the zambian watchdog and lusaka times released a leaked copy of the final draft constitution which was.
The constitution of zambia was formally adopted in 1991 and amended in 2009 and last amended in 2016 references. Where is our draft constitution, asks cso zambia reports. Zambian constitution changes set rules for august elections by. This act may be cited as the constitution of zambia amendment act, 2015, and shall be read as one with the constitution of zambia, in thisact referred to as the constitution.
Please find attached zambia s new draft constitution. The implications of zambia s draft constitution for maternal mortality january 2015 in zambia, induced abortion termination of pregnancy is legal when carried out by a registered. International idea, 2014 the proposed draft constitution content preamble chapter one the united republic of tanzania article part one name, boundaries, symbols, language, national values 1. Mps disrupt parliament with demands of constitution 26 february 2014 14. The release of the all vital document is seen as a jubilee gift to the zambian people as the nation celebrates its 50th independence anniversary. One of president satas promises in the runup to his election in 2011 was the adopt. Zambia allows dual citizenship in last draft constitution. However, the pf changed goalposts after elections, charging that they saw no need for a new constitution because there was one already in place. Jan 05, 2016 zambian constitution changes set rules for august elections by. Jan 22, 2014 on the 15th of january 2014 the zambian watchdog and lusaka times released a leaked copy of the final draft constitution which was reportedly handed to president sata. Republic of zambia first draft constitution of the republic of zambia 30 the secretariat technical committee on drafting the zambian constitution government complex conference centre p.
A draft constitution 2014 which will in future contain progressive childrens rights provisions and provide for gender equality awaits adoption at a referendum. Copac considered that it will be easier for a person who may have no time to read the whole draft, to read only this summary and obtain an appreciation of the contents of the draft. Mar 14, 2014 zambias opposition pushes govt to release draft constitution. February 6, 2014 hello have a look at the statement by the civil society in the grand coalition for the people driven constitution on the copperbelt provincial prayer meeting to demand the release of the final draft constitution. Why zambia needs the new draft constitution edmond. Review of the draft constitution for the republic of zambia. Oct 23, 2014 current president edgar lungu has continued showing key managerial skills and proper national leadership.
For the whole of october and november 2001, members of the public studied and debated the 1st draft constitution. Subject to this act, the constitution shall come into operation on the date of assent by the president. This is why it is called the constitution of zambia amendment act of 2016. Government has finally released the long awaited final draft constitution.
Approaches to developing a new constitution for zambia muna ndulo cornell university. The government has now published the draft constitution of zambia after persistent demands by civil society and other members of public. The third and final draft of the constitution was released in september 2014 and contained a. Not surprisingly, the document proclaims zambia a christian nation, but qualifies this by upholding a persons right to freedom of conscience, belief or religion. The draft version of the zambian constitution was released to parliament by the draft committee on 23 october 2014. The final draft has some positive provisions for persons with disabilities.
I participated in the printing and distribution of the final document and we worked with the foundation for democratic process to distribute the draft to all the districts in zambia. Jan 05, 2016 president edgar lungu has unveiled the longawaited peopledriven republican constitution as he promised. Final draft constitution of zimbabwe 20 to assist the public understand the contents of the draft. In the preamble, and as a national value, the equality of men and women is asserted, and article 8 commits. Jan 08, 2016 please note that the constitution is not necessarily a new constitution but is an amendment of the 1991 constitution.
A person with disability is entitled to the right to. The election was held in february 2014 and was deemed fair by international observers. Spokesperson ernest mwansa in a statement issued to qfm news today says the committee has received the final draft constitution from the drafts. A constitution amendment act act 2 of 2016 was adopted. A commonwealth observer group led by former nigerian president general yakubu gowon affirmed that the elections represented further progress for zambia in strengthening its democratic processes and that voters were able to express their will freely. The final draft constitution finally released tumfweko. This is in sharp contrast to incapacitated michael sata who has stated. The first draft of the constitution was made public on the 30th of april 2012 for the purposes of allowing 40 days for public consultations. Speaking during a media briefing in lusaka today, osf deputy executive director for northern region levy sakala says his organization remains committed to champion. Objectives to guide state and all institutions and agencies of government. Laws of zambia part iii national values, principles and. Situation report january 2014 zambia s constitutionmaking process addressing the impasse and future challenges zambia s constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and enacting the final constitution. Situation report january 2014 zambias constitutionmaking process addressing the impasse and future challenges zambias constitutionmaking exercise initiated in 2011 is at a critical crossroads because of ambiguities over the modes of validating the draft document, and eventually adopting and enacting the final constitution.
President sata died on 28 october 2014 and vicepresident guy scott took office as acting president. The final draft constitution provides for a range of commissions including the gender equality commission, human rights commission and police public complaints commission. The technical committee on drafting the constitution says it will hand over the final draft constitution, the constitution of zambia bill and the report to president michael sata in october 20. Tcdzc press release, technical committee resolution on the handover of the final draft constitution, lusaka, zambia, 8 november 20 dimpho motsamai is policy analyst with the conflict prevention and risk analysis division of the institute for security studies. The implications of zambias draft constitution for maternal.
Introduction zambia was among the early adopters of the internet in subsaharan africa with the installation. President edgar lungu has unveiled the longawaited peopledriven republican constitution as he promised. Constitution drafting assembly cda, to draft a new constitution for libya. Dec, 2014 following the failure of the constitution of zambia bill, the pf promised to enact a new constitution within 90 days of taking over government. Government denies receiving the final draft constitution. The final draft of zambia s new constitution, which had been hidden from public view by president sata until it was leaked to the zambian watchdog and the lusaka times, has taken a position on some of the key debates that raged during the constitution making process. The following provisions are recommended in the first draft constitution. On the 15th of january 2014 the zambian watchdog and lusaka times released a leaked copy of the final draft constitution which was reportedly handed to president sata. Mps disrupt parliament with demands of constitution.
431 1467 314 316 497 772 1494 2 10 276 584 414 992 1505 715 1087 1133 148 14 891 786 1225 1390 703 210 769 545 1541 832 93 1177 459 391 197 3 594 489 350 530 380