Csos Demand Dialogue on Rule of Law

CSOs DEFEND THEIR CONCERNS

Fr. Mapulanga says the Joint CSOs do not agree with the characterisation of their concerns as “sweeping”, “inflammatory” or unsupported by evidence.

He says the issues raised by the coalition are not merely the opinions of civil society organisations, but have also been raised in different forms by election observer missions, regional and international Bar Associations, international human rights organisations and the United Nations Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association.

Fr. Mapulanga says the organisations are prepared to provide the Attorney-General’s Office with relevant reports and correspondence from these institutions.

He says this can form part of the constructive engagement that Government has proposed.

“We welcome, without reservation, the Government’s stated commitment to constructive and inclusive engagement,” Fr. Mapulanga says.

He says the Joint CSOs have consistently called for peace, restraint and dialogue rather than confrontation.

COURTS MUST BE RESPECTED

Fr. Mapulanga says the coalition also respects the independence of the Judiciary and the principle of due process.

He says the CSOs are not attempting to determine the outcome of cases that are currently before the courts.

Fr. Mapulanga says their concerns are instead focused on broader institutional issues, including questions surrounding the independence and impartiality of the Judiciary, the Electoral Commission of Zambia, the Defence Force and law-enforcement agencies.

He says civil society has a legitimate role to play in raising questions about the conduct and independence of public institutions.

Fr. Mapulanga says this should not be confused with interfering in the work of the courts or prejudging cases that are still being heard.

BACKS ARCHBISHOP LUNGU

Fr. Mapulanga says the Joint CSOs fully associate themselves with the September 15 pastoral statement by Archbishop of Chipata George Lungu.

He says the Archbishop’s call for dialogue is consistent with the position taken by the civil society coalition.

According to Fr. Mapulanga, the dialogue should uphold human dignity, the rule of law, access to justice, freedom of expression, responsible political participation, accountability and the legitimate rights of citizens.

He says Government and civil society must both be prepared to put the interests of Zambia ahead of political or organisational interests.

Fr. Mapulanga says the CSOs therefore want the dialogue to move away from public exchanges and into a structured engagement where difficult issues can be discussed honestly and respectfully.

CSOs PROPOSE 45-DAY ROADMAP

Fr. Mapulanga says the Joint CSOs have proposed a clear 45-day roadmap to ensure that the dialogue does not become an open-ended process without tangible results.

He says the first issue is representation.

Fr. Mapulanga says Government should be represented by the Office of the Attorney-General and designated ministries, while civil society should include the Joint CSOs and other civil society coalitions.

He says both the ruling party and opposition political parties should participate, together with the Law Association of Zambia and other professional bodies.

Fr. Mapulanga says faith-based organisations, including the Zambia Conference of Catholic Bishops, Council of Churches in Zambia and Evangelical Fellowship of Zambia, should also be represented.

He says the House of Chiefs, national human rights and electoral oversight institutions should also be part of the process.

Local and international election observer missions, he says, could participate as observers.

NO ONE SHOULD PICK FOR OTHERS

Fr. Mapulanga says the CSOs want each constituency to nominate its own representatives.

He says no political party, Government institution or other stakeholder should be allowed to select representatives on behalf of another group.

He says the names of all participants should also be published before the first meeting to promote transparency.

Fr. Mapulanga says there should be parity between Government and non-state participants, while the facilitator should be independent and mutually agreed upon by all sides.

He says the first meeting should also adopt written terms of reference and clear rules of procedure.

KEY ISSUES ON THE TABLE

Fr. Mapulanga says the proposed dialogue should address several substantive issues that the Joint CSOs believe require urgent attention.

These include the cancellation of passports and the application of Section 12 of the Passport Act, as well as effective access to the appeal process provided under Section 18.

He says the dialogue should also examine arrests and the use of treason and sedition charges, including the provision of amnesty for political prisoners where appropriate.

Fr. Mapulanga says the parties should also develop principles governing law-enforcement conduct and ensure timely access to legal representation.

He says another major issue is the independence of the Judiciary, ECZ, Defence Force and law-enforcement agencies.

Fr. Mapulanga says freedom of assembly, freedom of association and freedom of expression should also form part of the discussions, particularly in light of concerns previously raised by the UN Special Rapporteur.

He says political parties should further make a public joint commitment to political tolerance and the prevention of political violence.

DIALOGUE MUST CONTINUE

Fr. Mapulanga says the proposed process should not be reduced to a single meeting followed by a return to the same disagreements.

He says the country needs a standing mechanism through which Government, political parties, civil society and other stakeholders can continue engaging even after the immediate issues have been addressed.

“We remain firmly committed to the constitutional order, to the rule of law, and to a Zambia in which the concerns of citizens and civil society are heard, tested, and addressed through legitimate and lawful means,” Fr. Mapulanga says.

45 DAYS TO DELIVER RESULTS

Fr. Mapulanga says the proposed timetable is designed to ensure that the dialogue produces measurable outcomes.

He says within the first seven days, the participants and terms of reference should be agreed.

Within 14 days, the first plenary should be held, with the agenda and rules of procedure formally adopted.

By day 30, substantive sessions should have been held on each of the agreed issues, with written outcomes recorded.

By day 45, Fr. Mapulanga says the participants should issue a joint public statement outlining areas of agreement and an implementation schedule.

He says the process should thereafter continue through periodic joint review meetings to monitor implementation.

“TAKE DIALOGUE BEHIND CLOSED DOORS”

Fr. Mapulanga says the Joint CSOs now want the Government to move quickly from statements to actual engagement.

He says the coalition is particularly encouraged by the Attorney-General’s stated commitment to dialogue and wants the commitment translated into a concrete process.

“We agree with Bishop Lungu that the way forward is to remove the dialogue from public platforms to dialogue behind closed doors,” Fr. Mapulanga says.

He says the Joint CSOs are therefore awaiting the Attorney-General’s response on the proposed format, participants and timing of the dialogue.

Fr. Mapulanga says the coalition remains ready to engage Government and other stakeholders in good faith in the interest of resolving the country’s democratic and political challenges through lawful and constitutional means.