Tuesday, September 16, 2008
AGREEMENT BETWEEN THE ZIMBABWE AFRICAN NATIONAL UNION-PATRIOTIC FRONT (ZANU-PF) AND THE TWO MOVEMENT FOR DEMOCRATIC CHANGE (MDC) FORMATIONS, ON RESOLVING THE CHALLENGES FACING ZIMBABWE PREAMBLE
We, the Parties to this Agreement;
CONCERNED about the recent challenges that we have faced as a
country and the multiple threats to the well-being of our people and,
therefore, determined to resolve these permanently.
CONSIDERING our shared determination to uphold, defend and
sustain Zimbabwe’s sovereignty, independence, territorial integrity and
national unity, as a respected member of the international community, a
nation where all citizens respect and, therefore, enjoy equal protection
of the law and have equal opportunity to compete and prosper in all
spheres of life.
ACKNOWLEDGING the sacrifices made by thousands of Zimbabwe’s
gallant sons and daughters in the fight against colonialism and racial
discrimination and determined to accept, cherish and recognise the
significance of the Liberation Struggle as the foundation of our sovereign
independence, freedoms and human rights.
DEDICATING ourselves to putting an end to the polarisation,
divisions, conflict and intolerance that has characterised Zimbabwean
politics and society in recent times.
COMMITTING ourselves to putting our people and our country
first by arresting the fall in living standards and reversing the decline
of our economy.
EMPHASISING our shared commitment to re-orient our attitudes
towards respect for the Constitution and all national laws, the rule of
law, observance of Zimbabwe’s national institutions, symbols and national
events.
RESPECTING the rights of all Zimbabweans regardless of political
affiliation to benefit from and participate in all national programmes and
events freely without let or hindrance.
RECOGNISING, acceptingand acknowledging that the values of justice,
fairness, openness, tolerance, equality, non-discrimination and respect of
all persons without regard to race, class, gender, ethnicity, language,
religion, political opinion, place of origin or birth are the bedrock of
our democracy and good governance.
DETERMINED to build a society free of violence, fear, intimidation,
hatred, patronage, corruption and founded on justice, fairness, openness,
transparency, dignity and equality.
RECOGNISING and accepting that the Land Question has been at the core of
the contestation in Zimbabwe and acknowledgingthe centrality of issues
relating to the rule of law, respect for human rights, democracy and
governance.
COMMITTED to act in a manner that demonstrates loyalty to Zimbabwe,
patriotism and commitment to Zimbabwe’s national purpose, core values,
interests and aspirations.
DETERMINED to act in a manner that demonstrates respect for
the democratic values of justice, fairness, openness, tolerance, equality,
respect of all persons and human rights.
SUBMITTINGourselves to the mandate of the Extraordinary Summit of the
Southern African Development Community (SADC) held in Dar-es-Salaam,
United Republic of Tanzania, on 29th March 2007 and endorsed in Lusaka on
12th April 2008 and in the AU Summit held in Sharm El-Sheikh, Egypt from
30th June to 1 July 2008.
RECOGNISING the centrality and importance of African
institutions in dealing with African problems, we agreed to seek solutions
to our differences, challenges and problems through dialogue.
ACKNOWLEDGING that pursuant to the Dar-es-Salaam SADC resolution, the
Parties negotiated and agreed on a draft Constitution, initialed by the
Parties on 30 September 2007, and further agreed and co-sponsored the
enactment of the Constitution of Zimbabwe Amendment Number 18 Act,
amendments to the Electoral Act, the Zimbabwe Electoral Commission Act,
Public Order and Security Act, Access to Information and Protection of
Privacy Act and Broadcasting Services Act.
APPRECIATING the historical obligation and need to reach a solution that
will allow us to put Zimbabwe first and give the people a genuine chance
of rebuilding and reconstructing their livelihoods.
PURSUANT to the common desire of working together, the Parties
agreed to and executed a Memorandum of Understanding on 21 July 2008,
attached hereto as Annexure “A”.
NOW THEREFORE AGREE AS FOLLOWS:
ARTICLE I
DEFINITIONS
1. Definitions
The “Agreement” shall mean this written Agreement signed by the
representatives of ZANU-PF and the MDC, in its two formations (“the
Parties”) in fulfillment of the material mandate handed down by the SADC
Extraordinary Summit on 29th March 2007 and endorsed by SADC in Lusaka,
Zambia and adopted by the African Union Summit in Sharm El-Sheikh, Egypt.
The “Parties” shall mean ZANU-PF, the two MDC formations led by Morgan
Tsvangirai and Arthur Mutambara respectively.
The “Government” or “New Government” means the new Government to be set up
in terms of this Agreement.
ARTICLE II
DECLARATION OF COMMITMENT
2. Declaration of Commitment
The Parties hereby declare and agree to work together to create a genuine,
viable, permanent, sustainable and nationally acceptable solution to the
Zimbabwe situation and in particular to implement the following agreement
with the aims of resolving once and for all the current political and
economic situations and charting a new political direction for the
country.
ARTICLE III
RESTORATION OF ECONOMIC STABILITY AND GROWTH
3. Economic recovery
3.1 The Parties agree:
(a) to give priority to the restoration of economic stability and
growth in Zimbabwe. The Government will lead the process of developing and
implementing an economic recovery strategy and plan. To that end, the
parties are committed to working together on a full and comprehensive
economic programme to resuscitate Zimbabwe’s economy, which will urgently
address the issues of production, food security, poverty and unemployment
and the challenges of high inflation, interest rates and the exchange
rate.
(b) to create conditions that would ensure that the 2008/2009
agricultural season is productive.
(c) to establish a National Economic Council, composed of
representatives of the Parties and of the following sectors:
(i) Manufacturing
(ii) Agriculture
(iii) Mining
(iv) Tourism
(v) Commerce
(vi) Financial
(vii) Labour
(viii) Academia; and
(ix) Other relevant sectors
(d) that the terms of reference of the Council shall include
giving advice to Government, formulating economic plans and programmes for
approval by governmentand such other functions as are assigned to the
Council by the Government.
(e) to endorse the SADC resolution on the economy.
ARTICLE IV
SANCTIONS AND MEASURES
4. Sanctions and Measures
4.1 Recognising and acknowledging that some sections of the
international community have since 2000 imposed various sanctions and
measures against Zimbabwe, which have included targeted sanctions.
4.2 The Partiesnote the present economic and political isolation of
Zimbabwe by the United Kingdom, European Union, United States of America
and other sections of the International Community over and around issues
of disputed elections, governance and differences over the land reform
programme.
4.3 Noting and acknowledging the following sanctions and measures
imposed on Zimbabwe:-
(a) enactment of the Zimbabwe Democracy and Economic Recovery Act by
the United States of America Congress which outlaws Zimbabwe’s right to
access credit from International Financial Institutions in which the
United States Government is represented or has a stake;
(b) suspension of Zimbabwe’s voting and related rights, suspension
of balance of payment support, declaration of ineligibility to borrow Fund
resources and suspension of technical assistance to Zimbabwe by the
International Monetary Fund;
(c) suspension of grants and infrastructural development support to
Zimbabwe by The World Bank; and
(d) imposition of targeted travel bans against current Government
and some business leaders.
4.4 Notingthat this international isolation has over the years
created a negative international perception of Zimbabwe and thereby
resulting in the further isolation of the country by the non-availing of
lines of credit to Zimbabwe by some sections of the international
community.
4.5 Recognisingthe consequent contribution of this isolation to the
further decline of the economy.
4.6 Desirous and committedto bringing to an end the fall in the
standards of living of our people, the Parties hereby agree:-
(a) to endorse the SADC resolution on sanctions concerning Zimbabwe;
(b) that all forms of measures and sanctions against Zimbabwe be
lifted in order to facilitate a sustainable solution to the challenges
that are currently facing Zimbabwe; and
(c) commit themselves to working together in re-engaging the
international community with a view to bringing to an end the country’s
international isolation.
ARTICLE V
LAND QUESTION
5. Land Question
5.1 Recognisingthat colonial racist land ownership patterns
established during the colonial conquest of Zimbabwe and largely
maintained in the post independence period were not only unsustainable,
but against the national interest, equity and justice.
5.2 Notingthat in addition to the primary objective of the
liberation struggle to win one man one vote democracy and justice, the
land question, namely the need for the re-distribution of land to the
majority indigenous people of Zimbabwe was at the core of the liberation
struggle.
5.3 Accepting the inevitability and desirability of a comprehensive
land reform programme in Zimbabwe that redresses the issues of historical
imbalances and injustices in order to address the issues of equity,
productivity, and justice.
5.4 While differingon the methodology of acquisition and
redistribution the parties acknowledge that compulsory acquisition and
redistribution of land has taken place under a land reform programme
undertaken since 2000.
5.5 Acceptingthe irreversibility of the said land acquisitions and
redistribution.
5.6 Noting that in the current Constitution of Zimbabwe and further
in the Draft Constitution agreed to by the parties the primary obligation
of compensating former land owners for land acquired rests on the former
colonial power.
5.7 Further recognisingthe need to ensure that all land is used
productively in the interests of all the people of Zimbabwe.
5.8 Recognising the need for women’s access and control over land in
their own right as equal citizens.
5.9 The Parties hereby agree to:
(a) conduct a comprehensive, transparent and non-partisan land
audit, during the tenure of the Seventh Parliament of Zimbabwe, for the
purpose of establishing accountability and eliminating multiple farm
ownerships.
(b) ensure that all Zimbabweans who are eligible to be allocated
land and who apply for it shall be considered for allocation of land
irrespective of race, gender, religion, ethnicity or political
affiliation;
(c) ensure security of tenure to all land holders.
(d) call upon the United Kingdom government to accept the primary
responsibility to pay compensation for land acquired from former land
owners for resettlement;
(e) work together to secure international support and finance for
the land reform programme in terms of compensation for the former land
owners and support for new farmers; and
(f) work together for the restoration of full productivity on
all agricultural land.
ARTICLE VI
CONSTITUTION
6. Constitution
Acknowledgingthat it is the fundamental right and duty of the Zimbabwean
people to make a constitution by themselves and for themselves;
Awarethat the process of making this constitution must be owned and driven
by the people and must be inclusive and democratic;
Recognisingthat the current Constitution of Zimbabwe made at the Lancaster
House Conference, London (1979) was primarily to transfer power from the
colonial authority to the people of Zimbabwe;
Acknowledgingthe draft Constitution that the Parties signed and agreed to
in Kariba on the 30th of September 2007, annexed hereto as Annexure “B”;
Determinedto create conditions for our people to write a constitution for
themselves; and
Mindfulof the need to ensure that the new Constitution deepens our
democratic values and principles and the protection of the equality of all
citizens, particularly the enhancement of full citizenship and equality of
women.
6.1 The Parties hereby agree:
(a) that they shall set up a Select Committee of Parliament
composed of representatives of the Parties whose terms of reference shall
be as follows:
(i) to set up such subcommittees chaired by a member of
Parliament and composed of members of Parliament and representatives of
Civil Society as may be necessary to assist the Select Committee in
performing its mandate herein;
(ii) to hold such public hearings and such consultations
as it may deem necessary in the process of public consultation over the
making of a new constitution for Zimbabwe;
(iii) to convene an All Stakeholders Conference to consult
stakeholders on their representation in the sub-committees referred to
above and such related matters as may assist the committee in its work;
(iv) to table its draft Constitution to a 2nd All
Stakeholders Conference; and
(v) to report to Parliament on its recommendations over
the content of a New Constitution for Zimbabwe
(b) that the draft Constitution recommended by the Select
Committee shall be submitted to a referendum;
(c) that, in implementing the above, the following time frames
shall apply:
(i) the Select Committee shall be set up within two
months of inception of a new government;
(ii) the convening of the first All Stakeholders
Conference shall be within 3 months of the date of the appointment of the
Select Committee;
(iii) the public consultation process shall be completed
no later than 4 months of the date of the first All Stakeholders
Conference;
(iv) the draft Constitution shall be tabled within 3
months of completion of the public consultation process to a second All
Stakeholders Conference;
(v) the draft Constitution and the accompanying Report
shall be tabled before Parliament within 1 month of the second All
Stakeholders Conference;
(vi) the draft Constitution and the accompanying Report
shall be debated in Parliament and the debate concluded within one month;
(vii) the draft Constitution emerging from Parliament shall
be gazetted before the holding of a referendum;
(viii) a referendum on the new draft Constitution shall be
held within 3 months of the conclusion of the debate;
(ix) in the event of the draft Constitution being approved
in the referendum it shall be gazetted within 1 month of the date of the
referendum; and
(x) the draft Constitution shall be introduced in
Parliament no later than 1 month after the expiration of the period of 30
days from the date of its gazetting.
ARTICLE VII
PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
7. Equality, National Healing, Cohesion and Unity
7.1 The Parties hereby agree that the new Government:
a) will ensure equal treatment of all regardless of gender, race,
ethnicity, place of origin and will work towards equal access to
development for all;
b) will ensure equal and fair development of all regions of the country
and in particular to correct historical imbalances in the development of
regions;
c) shall give consideration to the setting up of a mechanism to
properly advise on what measures might be necessary and practicable to
achieve national healing, cohesion and unity in respect of victims of pre
and post independence political conflicts; and
d) will strive to create an environment of tolerance and respect among
Zimbabweans and that all citizens are treated with dignity and decency
irrespective of age, gender, race, ethnicity, place of origin or political
affiliation.
e) will formulate policies and put measures in place to attract the
return and repatriation of all Zimbabweans in the Diaspora and in
particular will work towards the return of all skilled personnel.
ARTICLE VIII
RESPECT FOR NATIONAL INSTITUTIONS AND EVENTS
8. Respect for National Institutions and Events
8.1 In the interests of forging a common vision for our country, the
Parties hereby agree:-
(a) on the necessity of all Zimbabweans regardless of race,
ethnicity, gender, political affiliation and religion to respect and
observe Zimbabwe’s national institutions, symbols, national programmes and
events; and
(b) that all Zimbabweans regardless of race, ethnicity, gender,
political affiliation and religion have the right to benefit from and
participate in all national programmes and events without let or
hindrance.
ARTICLE IX
EXTERNAL INTERFERENCE
9. External Interference
9.1 The Parties reaffirm the principle of the United Nations Charter
on non-interference in the internal affairs of member countries.
9.2 The Parties hereby agree:-
(a) that the responsibility of effecting change of government in
Zimbabwe vests exclusively on and is the sole prerogative of the people of
Zimbabwe through peaceful, democratic and constitutional means;
(b) to reject any unlawful, violent, undemocratic and
unconstitutional means of changing governments; and
(c) that no outsiders have a right to call or campaign for regime
change in Zimbabwe.
ARTICLE X
FREE POLITICAL ACTIVITY
10. Free political activity
Recognising that the right to canvass and freely mobilise for political
support is the cornerstone of any multi-party democratic system, the
Parties have agreed that there should be free political activity
throughout Zimbabwe within the ambit of the law in which all political
parties are able to propagate their views and canvass for support, free of
harassment and intimidation.
ARTICLE XI
RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
11. Rule of law, respect for the Constitution and other laws
11.1 The Parties hereby agree that it is the duty of all political
parties and individuals to:
(a) respect and uphold the Constitution and other laws of the land;
(b) adhere to the principles of the Rule of Law.
ARTICLE XII
FREEDOM OF ASSEMBLY AND ASSOCIATION
12. Freedoms of Assembly and Association
12.1 Recognising the importance of the freedoms of assembly and
association in a multi-party democracy and noting that public meetings
have to be conducted in a free, peaceful and democratic manner in
accordance with the law, the Parties have agreed:-
(a) to work together in a manner which guarantees the full
implementation and realisation of the right to freedom of association and
assembly; and
(b) that the Government shall undertake training programmes,
workshops and meetings for the police and other enforcement agencies
directed at the appreciation of the right of freedom of assembly and
association and the proper interpretation, understanding and application
of the provisions of security legislation.
ARTICLE XIII
STATE ORGANS AND INSTITUTIONS
13. State organs and institutions
13.1 State organs and institutions do not belong to any political party
and should be impartial in the discharge of their duties.
13.2 For the purposes of ensuring that all state organs and institutions
perform their duties ethically and professionally in conformity with the
principles and requirements of a multi-party democratic system in which
all parties are treated equally, the Parties have agreed that the
following steps be taken:-
(a) that there be inclusion in the training curriculum of members of
the uniformed forces of the subjects on human rights, international
humanitarian law and statute law so that there is greater understanding
and full appreciation of their roles and duties in a multi-party
democratic system;
(b) ensuring that all state organs and institutions strictly observe
the principles of the Rule of Law and remain non-partisan and impartial;
(c) laws and regulations governing state organs and institutions
are strictly adhered to and those violating them be penalised without fear
or favour; and
(d) recruitment policies and practices be conducted in a manner that
ensures that no political or other form of favouritism is practised.
ARTICLE XIV
TRADITIONAL LEADERS
14. Traditional Leaders
14.1 Recognising and acknowledging thattraditional leaders are
community leaders with equal responsibilities and obligations to all
members of their communities regardless of age, gender, ethnicity, race,
religion and political affiliation, the Parties hereby agree to:-
(a) commit themselves to ensuring the political neutrality of
traditional leaders; and
(b) call upon traditional leaders not to engage in partisan
political activities at national level as well as in their communities.
ARTICLE XV
NATIONAL YOUTH TRAINING PROGRAMME
15. National Youth Training Programme
Recognisingthe desirability of a national youth training programme which
inculcates the values of patriotism, discipline, tolerance, non-violence,
openness, democracy, equality, justice and respect.
Determinedto ensure that the National Youth Training Programme raises
awareness of the HIV and AIDS pandemic, engenders a spirit of community
service, skills development and a commitment to the development of
Zimbabwe
15.1 The Parties hereby agree that:-
(a) all youths regardless of race, ethnicity, gender, religion
and political affiliation are eligible to participate in national youth
training programmes;
(b) the National Youth Training Programme must be run in a
non-partisan manner and shall not include partisan political material
advancing the cause of any political party; and
(c) while recognising that youths undergoing training at national
youth training centres have a right to hold political opinions, they shall
not, during the period of their training, collectively and as part of a
scheme of the training centre be used or deployed for partisan political
work.
ARTICLE XVI
HUMANITARIAN AND FOOD ASSISTANCE
16. Humanitarian and food assistance
16.1 In times of need, every Zimbabwean regardless of race, ethnicity,
gender, political affiliation and religion is entitled to request and
receive humanitarian and food assistance from the State.
16.2 It is the primary responsibility of the State to ensure that every
Zimbabwean who needs humanitarian and food assistance receives it.
16.3 Non-Governmental Organisations involved in giving humanitarian and
food
assistance shall do so without discrimination on the grounds of race,
ethnicity, gender, political affiliation and religion and in doing so,
shall not promote or advance the interests of any political party or
cause.
16.4 In this regard the Parties hereby agree:
(a) that in the fulfillment of its obligations above, the Government
and all State Institutions and quasi State Institutions shall render
humanitarian and food assistance without discrimination on the grounds of
race, ethnicity, gender, political affiliation or religion;
(b) that humanitarian interventions rendered by Non-Governmental
Organisations, shall be provided without discrimination on the grounds of
race, ethnicity, gender, political affiliation and religion.
(c) that all displaced persons shall be entitled to humanitarian
and food assistance to enable them to return and settle in their original
homes and that social welfare organisations shall be allowed to render
such assistance as might be required.
(d) that all NGO`s rendering humanitarian and food assistance must
operate within the confines of the laws of Zimbabwe.
ARTICLE XVII
LEGISLATIVE AGENDA PRIORITIES
17. Legislative agenda
17.1 The Parties hereby agree that:
(a) the legislative agenda will be prioritized in order to
reflect the letter and spirit of this agreement;
(b) the Government will discuss and agree on further legislative
measures which may become necessary to implement the Government’s agreed
policies and in particular, with a view to entrenching democratic values
and practices.
ARTICLE XVIII
SECURITY OF PERSONS AND PREVENTION OF VIOLENCE
18. Security of persons and prevention of violence
18.1 Notingthe easy resort to violence by political parties, State
actors, Non-State actors and others in order to resolve political
differences and achieve political ends.
18.2 Gravely concernedby the displacement of scores of people after
the election of March 29, 2008 as a result of politically motivated
violence.
18.3 Recognising that violence dehumanises and engenders feelings of
hatred and polarisation within the country.
18.4 Further recognisingthat violence undermines our collective
independence as a people and our capacity to exercise our free will in
making political choices.
18.5 The Parties hereby agree:
(a) to promote the values and practices of tolerance, respect,
non-violence and dialogue as means of resolving political differences;
(b) to renounce and desist from the promotion and use of violence,
under whatever name called, as a means of attaining political ends;
(c) that the Government shall apply the laws of the country fully
and impartially in bringing all perpetrators of politically motivated
violence to book;
(d) that all political parties, other organisations and their
leaders shall commit themselves to do everything to stop and prevent all
forms of political violence, including by non-State actors and shall
consistently appeal to their members to desist from violence;
(e) to take all measures necessary to ensure that the structures
and institutions they control are not engaged in the perpetration of
violence.
(f) that all civil society organisations of whatever description
whether affiliated to a political party or not shall not promote or
advocate for or use violence or any other form of intimidation or coercion
to canvass or mobilise for or oppose any political party or to achieve any
political end;
(g) to work together to ensure the security of all persons and
property;
(h) to work together to ensure the safety of any displaced
persons, their safe return home and their enjoyment of the full protection
of the law.
(i) to refrain from using abusive language that may incite
hostility, political intolerance and ethnic hatred or unfairly undermine
each other.
(j) that while having due regard to the Constitution of
Zimbabwe and the principles of the rule of law, the prosecuting
authorities will expedite the determination as to whether or not there is
sufficient evidence to warrant the prosecution or keeping on remand of all
persons accused of politically related offences arising out of or
connected with the March and June 2008 elections.