Memorandum of Understanding between the Zimbabwe African National Union (Patriotic Front) and the two Movement for the Democratic Change Formations

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Country/entity: Zimbabwe
Region: Africa (excl MENA)
Agreement name: Memorandum of Understanding between the Zimbabwe African National Union (Patriotic Front) and the two Movement for the Democratic Change Formations
Date: 21 Jul 2008
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Zimbabwean Post-electoral Political Crisis (2008)
After removing the white minority-ruled ‘Rhodesia’ from the map and establishing the state of Zimbabwe in 1980, the Zimbabwe African National Union – Patriotic Front (ZANU-PF) took power. Its long-time leader, Robert Mugabe, acted as Prime Minister from 1980 to 1987, and then took over the Presidency. He centralised power and, throughout the 1990s, established an authoritarian state. After suffering a near defeat by the Movement for Democratic Change (MDC) in the 2008 elections, the ZANU-PF launched an intimidation campaign against the unarmed opposition, which lead to numerous Human Rights violations, widespread torture and disappearances. Under strong international pressure Mugabe entered negotiations with the opposition, a Global Political Agreement was signed by him and the representatives of the two major wings of the MDC in September 2008.
Stage: Pre-negotiation/process
Conflict nature: Government
Peace process: Zimbabwe post-election process
Parties: ‘The Parties’ shall mean ZANU-PF, the two MDC formations led by Morgan Tsvangirai and by Arthur Mutambara respectively.
Robert G. Mugabe - President, ZANU-PF; Morgan R. Tsvangirai - President, MDC; Arthur G. O. Mutambara - President, MDC
Third parties: Thabo Mbeki - SADC Facilitator
Description: The ‘Memorandum of Understanding' is a short agreement stating commitment to enter dialogue, its agenda and principles. It is includes 12 short sections: 1. Definitions, 2. Declaration of Commitment, 3. Representation, 4. Agenda, 5. Facilitation, 6. Time frames, 7. Venue, 8. Communication with the media, 9. Decisions by the Parties, 10. Interim measures, 11. The role of SADC and the AU, 12. Execution of the agreement.

Agreement document: ZW_080721_MoU-between-Zimbabwe-African-National-Union-and-MDC-Formations.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Substantive
Page 4, 10. Interim measures:
10.2 Hate speech
The Parties shall refrain from using abusive language that may incite hostility, political intolerance and ethnic hatred or undermine each other.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 4, 10. Interim measures:
10.1 Security of persons
...
(d) The Parties agree that, in the interim, they will work together to ensure the
safety of any displaced persons and their safe return home and that humanitarian and social welfare organisations are enabled to render such assistance as might be required.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, Preamble:
We the Parties to this Memorandum of Understanding;
...
Acknowledging that we have an obligation of establishing a framework of
working together in an inclusive government;
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, Preamble:
We the Parties to this Memorandum of Understanding;
...
Acknowledging that we have an obligation of establishing a framework of
working together in an inclusive government;

Page 2-4, 4. Agenda:
The Parties have agreed to the following Agenda:
4.1. Objectives and Priorities of a new Government
...
(b) POLITICAL
...
(vi) State organs and institutions
(vii) Legislative agenda priorities
...
4.2. Framework for a new Government
...
4.4. Global political agreement
...

9. Decisions by the Parties
The Parties shall not, during the subsistence of the Dialogue, take any
decisions or measures that have a bearing on the agenda of the Dialogue,
save by consensus. Such decisions or measures include, but are not limited
to the convening of Parliament or the formation of a new government.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, 4. Agenda:
The Parties have agreed to the following Agenda:
4.1. Objectives and Priorities of a new Government
...
(b) POLITICAL
(i) New Constitution
...

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 2-3, 4. Agenda:
The Parties have agreed to the following Agenda:
4.1. Objectives and Priorities of a new Government
...
(b) POLITICAL
...
(v) Rule of Law

Page 4, 10. Interim measures:
10.1 Security of persons
...
(b) The Parties are committed to ensuring that the law is applied fairly and justly to all persons irrespective of political affiliation.

Page 4, 10. Interim measures:
10.2 Hate speech
The Parties shall refrain from using abusive language that may incite hostility,
political intolerance and ethnic hatred or undermine each other.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 2-3, 4. Agenda:
The Parties have agreed to the following Agenda:
...
(d) Communication
(i) Media
(ii) External radio stations

Page 4, 8. Communication with the media
None of the Parties shall, during the Dialogue period, directly or indirectly
communicate the substance of the discussion with the media. The parties shall refrain from negotiating through the media, whether through their representatives to the Dialogue or any of their Party officials.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, 4. Agenda:
The Parties have agreed to the following Agenda:
4.1. Objectives and Priorities of a new Government
(a) ECONOMIC
(i) Restoration of economic stability and growth
(ii) Sanctions
(iii) Land question
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Other land rights
Page 2, 4. Agenda:
The Parties have agreed to the following Agenda:
4.1. Objectives and Priorities of a new Government
(a) ECONOMIC
...
(iii) Land question
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2-3, 4. Agenda:
The Parties have agreed to the following Agenda:
4.1. Objectives and Priorities of a new Government
...
(c) SECURITY
(i) Security of persons and prevention of violence
...
Ceasefire: Security sector→Ceasefire→General commitments
Page 4, 10. Interim measures:
10.1 Security of persons
(a) Each Party will issue a statement condemning the promotion and use of violence and call for peace in the country and shall take all measures necessary to ensure that the structures and institutions it controls are not engaged in the perpetration of violence.
...
(c) The Parties will take all necessary measures to eliminate all forms of political violence, including by non-state actors, and to ensure the security of persons and property.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: Page 1, Preamble:
We the Parties to this Memorandum of Understanding;
...
Determined to build a society free of violence, fear, intimidation, hate, patronage,
corruption and founded on justice, fairness, openness, transparency, dignity and
equality;
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 2, 4. Agenda:
The Parties have agreed to the following Agenda:
4.1. Objectives and Priorities of a new Government
...
(b) POLITICAL
(ii) Promotion of equality, national healing and cohesion, and unity

Implementation

UN signatory: No specific mention.
Other international signatory: Thabo Mbeki SADC Facilitator (Southern African Development Community)
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 2-3, 4. Agenda:
The Parties have agreed to the following Agenda:
...
4.3. Implementation mechanisms
Related cases: No specific mention.
Source: http://peacemaker.un.org/

MEMORANDUM OF UNDERSTANDING BETWEEN THE ZIMBABWE AFRICAN NATIONAL UNION (PATRIOTIC FRONT) AND THE TWO MOVEMENT FOR DEMOCRATIC CHANGE FORMATIONS

PREAMBLE

We the Parties to this Memorandum of Understanding;

Concerned about the recent challenges that we have faced as a country and the multiple threats to the well-being of our people;

Dedicating ourselves to putting an end to the polarisation, divisions, conflict and intolerance that have characterised our country’s politics;

Determined to build a society free of violence, fear, intimidation, hate, patronage, corruption and founded on justice, fairness, openness, transparency, dignity and equality;

Recognising the centrality and importance of African institutions in dealing with African problems, and agreeing to seek solutions to our differences, challenges and problems through dialogue under the auspices of the SADC mediation, supported and endorsed by the African Union;

Acknowledging that we have an obligation of establishing a framework of working together in an inclusive government;

Desirous therefore of entering into a dialogue with a view to returning Zimbabwe to prosperity;

Recognising that such a dialogue requires agreement on procedures and processes that will guide the dialogue.

NOW THEREFORE AGREE AS FOLLOWS:

1. Definitions

The ‘Memorandum of Understanding’ (“MOU”) shall mean this written agreement signed by the Principals.

‘The Parties’ shall mean ZANU-PF, the two MDC formations led by Morgan Tsvangirai and by Arthur Mutambara respectively.

‘The Principals’ shall mean the President and First Secretary of ZANU-PF, Robert Gabriel Mugabe, the President of the one MDC formation, Morgan Richard Tsvangirai and the President of the other MDC formation, Arthur Guseni Oliver Mutambara.

2. Declaration of Commitment

The Parties hereby declare and agree to commit themselves to a dialogue with each other with a view to creating a genuine, viable, permanent and sustainable solution to the Zimbabwean situation and, in particular, to implement this Memorandum of Understanding.

3. Representation

The Parties will be represented by two representatives each in the dialogue.

4. Agenda

The Parties have agreed to the following Agenda:

4.1. Objectives and Priorities of a new Government

(a) ECONOMIC

(i) Restoration of economic stability and growth

(ii) Sanctions

(iii) Land question

(b) POLITICAL

(i) New Constitution

(ii) Promotion of equality, national healing and cohesion, and unity

(iii)External interference

(iv)Free political activity

(v) Rule of law

(vi) State organs and institutions

(vii) Legislative agenda priorities

(i) Security of persons and prevention of violence

(d) COMMUNICATION

(i) Media

(ii) External radio stations

4.2 Framework for a new Government

4.3 Implementation mechanisms

4.4 Global political agreement.

5. Facilitation

The Dialogue shall be facilitated in accordance with the SADC and AU resolutions.

6. Time frames

The Dialogue commenced on 10 July 2008 and will continue until the Parties have finalised all necessary matters, save for short breaks that may be agreed upon for purposes of consultation.

It is envisaged that the Dialogue will be completed within a period of two weeks from the date of signing of this MOU.

7. Venue

The Dialogue shall be conducted at such venues as shall be determined by the Facilitator in consultation with the representatives of the Parties.

8. Communication with the media

None of the Parties shall, during the Dialogue period, directly or indirectly communicate the substance of the discussion with the media.

The parties shall refrain from negotiating through the media, whether through their representatives to the Dialogue or any of their Party officials.

9. Decisions by the Parties

The Parties shall not, during the subsistence of the Dialogue, take any decisions or measures that have a bearing on the agenda of the Dialogue, save by consensus.

Such decisions or measures include, but are not limited to the convening of Parliament or the formation of a new government.

10. Interim measures

10.1 Security of persons

(a) Each Party will issue a statement condemning the promotion and use of violence and call for peace in the country and shall take all measures necessary to ensure that the structures and institutions it controls are not engaged in the perpetration of violence.

(b) The Parties are committed to ensuring that the law is applied fairly and justly to all persons irrespective of political affiliation.

(c) The Parties will take all necessary measures to eliminate all forms of political violence, including by non-state actors, and to ensure the security of persons and property.

(d) The Parties agree that, in the interim, they will work together to ensure the safety of any displaced persons and their safe return home and that humanitarian and social welfare organisations are enabled to render such assistance as might be required.

10.2 Hate speech

The Parties shall refrain from using abusive language that may incite hostility, political intolerance and ethnic hatred or undermine each other.

11. The role of SADC and the AU

The implementation of the Global Political Agreement that the Parties will conclude shall be underwritten and guaranteed by the Facilitator, SADC and the AU.

12. Execution of the agreement

This agreement shall be signed by the Principals in the presence of each other and shall be witnessed by the Facilitator.

Signed at Harare this day of 2008.

Robert G. Mugabe

President, ZANU-PF

Morgan R. Tsvangirai

President, MDC

Arthur G. O. Mutambara

President, MDC

Thabo Mbeki

SADC Facilitator