The Agreement

Full PDF here.

BBC summary:

Zimbabwean President Robert Mugabe and the opposition leaders, Morgan Tsvangirai and Arthur Mutambara, have signed a power-sharing deal, aimed at resolving the country's political and economic crisis.

Here are the main points of the agreement detailed in the 30 pages of the 80-page deal that have so far been made public:

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.

RESTORATION OF ECONOMIC STABILITY AND GROWTH

The parties agree... 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.

SANCTIONS AND MEASURES

The parties note 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.

Recognising the consequent contribution of this isolation to the further decline of the economy... the Parties hereby agree:

(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;

(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.

LAND QUESTION

Recognising that 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.

Accepting the irreversibility of the said land acquisitions and redistribution.

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.

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;

(d) call upon the United Kingdom government to accept the primary responsibility to pay compensation for land acquired from former land owners for resettlement.

CONSTITUTION

Mindful of 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.

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:

(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 three months of the date of the appointment of the select committee.

EXTERNAL INTERFERENCE

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;

(c) that no outsiders have a right to call or campaign for regime change in Zimbabwe.

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.

FREEDOM OF ASSEMBLY AND ASSOCIATION

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.

STATE ORGANS AND INSTITUTIONS

State organs and institutions do not belong to any political party and should be impartial in the discharge of their duties.

HUMANITARIAN AND FOOD ASSISTANCE

The parties hereby agree:

(a) that in the fulfilment of its obligations… 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;

(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 NGOs [Non-Governmental Organisations] rendering humanitarian and food assistance must operate within the confines of the laws of Zimbabwe.

SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

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;

(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.

FREEDOM OF EXPRESSION AND COMMUNICATION

The parties hereby agree:-

(a) that the government shall ensure the immediate processing by the appropriate authorities of all applications for re-registration and registration in terms of both the Broadcasting Services Act as well as the Access to Information and Protection of Privacy Act;

(d) that steps be taken to ensure that the public media provides balanced and fair coverage to all political parties for their legitimate political activities.

COMPOSITION OF THE EXECUTIVE

• There shall be a president, which office shall continue to be occupied by President Robert Gabriel Mugabe.
• There shall be two vice-presidents, who will be nominated by the president and/or ZANU-PF.
• There shall be a prime minister, which office shall be occupied by Morgan Tsvangirai.
• There shall be two deputy prime ministers [from each faction of the Movement for Democratic Change], one from MDC-Tsvangirai and one from MDC-Mutambara.
• There shall be 31 ministers, with 15 nominated by the Zanu-PF, 13 by the MDC-T and three by the MDC-M. Of the 31 ministers, three (one per party), may be appointed from outside the members of parliament. The three ministers so appointed shall become members of the House of Assembly and shall have the right to sit, speak and debate in parliament, but shall not be entitled to vote.
• There shall be 15 deputy ministers, with eight nominated by the Zanu-PF, six by the MDC-T and one by the MDC-M
• Ministers and deputy ministers may be relieved of their duties only after consultation among the leaders of all the political parties participating in the inclusive government.

EXECUTIVE POWERS AND AUTHORITY

• The executive authority of the inclusive government shall vest in, and be shared among the president, the prime minister and the cabinet, as provided for in this constitution and legislation.
• The president of the republic shall exercise executive authority subject to the constitution and the law.
• The prime minister of the republic shall exercise executive authority subject to the Constitution and the law.
• In the exercise of executive authority, the president, vice-president, the prime minister, deputy prime minister, minister and deputy ministers must have regard to the principles and spirit underlying the formation of the inclusive government and accordingly act in a manner that seeks to promote cohesion both inside and outside government.

THE PRESIDENT

• Chairs cabinet;
• Exercises executive authority;
• Can, subject to the constitution, proclaim and terminate martial law;
• Chairs National Security Council [commonly called the Joint Operations Command (Joc) which includes army, police, and secret services];
• After consultation with the vice-presidents, the prime minister and deputy prime ministers, allocates ministerial portfolios in accordance with this agreement;
• Exercises executive authority;
• May, acting in consultation with the prime minister, dissolve parliament
• Must be kept fully informed by the prime minister on the general conduct of the government business and;
• Shall be furnished with such information as he/she may request in respect of any particular matter relating to the government, and may advise the prime minister and the cabinet in this regard.

THE PRIME MINISTER

• Chairs the Council of Ministers and is the deputy chairperson of cabinet;
• Exercises executive authority;
• Shall oversee the formulation of government policies by the cabinet;
• Shall be a member of the National Security Council;
• Shall report regularly to the president and parliament.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/africa/7617731.stm

Published: 2008/09/15 19:12:57 GMT