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, accepting and 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 acknowledging the 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.

SUBMITTING ourselves 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.

RECOGNlSlNG 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 an 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 government and 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 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.

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 Noting that 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 Recognising the consequent contribution of this isolation to the further decline of the economy.

4.6 Desirous and committed to 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 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.

5.2 Noting that 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 differing on 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 Accepting the 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 recognising the 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

Acknowledging that it is the fundamental right and duty of the Zimbabwean people to make a constitution by themselves and for themselves;

Aware that the process of making this constitution must be owned and driven by the people and must be inclusive and democratic;

Recognising that 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;

Acknowledging the draft Constitution that the Parties signed and agreed to in Kariba on the 30th of September 2007, annexed hereto as Annexure "B";

Determined to create conditions for our people to write a constitution for themselves; and

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.

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 that traditional 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

Recognising the desirability of a national youth training programme which inculcates the values of patriotism, discipline, tolerance, non-violence, openness, democracy, equality, justice and respect.

Determined to 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 whic