Success of Zimbabwe Deal Hinges on Next Steps

The success of Zimbabwe's power-sharing agreement-which includes some positive elements, some concerning items, and some glaring omissions-depends heavily on the division of ministries and whether civil society is allowed to play a significant role in shaping its implementation. President Robert Mugabe and leaders of the Movement for Democratic Change, Morgan Tsvangirai and Arthur Mutambara, signed the agreement Monday in Harare, after weeks of closed door negotiations that involved minimal consultation with Zimbabwe's civil society leaders.

The deal outlines a complex power-sharing arrangement that sees Mugabe extend his hold on the presidency after 28 years in power and names Tsvangirai as prime minister with Mutambara as one of two deputy prime ministers. On the positive side, the agreement calls for drafting a new constitution and gives the divided MDC a slim majority of the cabinet positions. However, the deal omits other pressing concerns including how ministries will be divided, the need for new elections and a mechanism to resolve transitional justice issues.

"Zimbabwe's people voted for change in the March elections and were violently punished by the governing party," said Jennifer Windsor, Freedom House executive director. "For the will of the people to be respected and for Zimbabwe to recover from its current crisis, this agreement must lead to genuine political power for the MDC, the dismantling of militias and instruments of state terror and the return of fundamental freedoms of association and expression."

In light of the decidedly mixed character of Zimbabwe's agreement, Freedom House offers the following recommendations:

* Ministries: The MDC must have control over key ministries responsible for restoring economic stability to Zimbabwe, facilitating the distribution of humanitarian assistance, and overseeing the country's security and police services.

* Security Services: The military and police, heavily politicized by the Mugabe regime as part of the violent campaign against political rivals and civic actors, need to be professionalized as soon as possible.

* Elections: Zimbabwe should hold credible elections soon and certainly within two years under the close watch of international and domestic monitors. These elections must adhere to international and regional standards for free and fair elections.

* Transitional Justice: The agreement fails to make any mention of transitional justice, a big issue for many Zimbabweans with cases that date from the country's independence through this year's electoral violence. Zimbabwe must address this issue in order to move beyond its past. The international community should retain its targeted sanctions on criminal elements within Zimbabwe's government and the ZANU-PF party until those individuals are brought to justice.

* Supervision of Aid: The distribution of international aid in Zimbabwe should be closely supervised to ensure that it gets into the hands of ordinary citizens and is not used to support repressive institutions within the government.

* Freedom of Expression: Freedom House is concerned that, instead of guaranteeing freedom of expression, this part of the agreement contains detailed restrictions that could be used to muzzle the media and civil society. The new government must allow independent media, including broadcast media, to operate unhindered.

* Repressive Laws: The new government must repeal a number of repressive laws, including the Public Order and Security Act, that the Mugabe government put in place to consolidate power and restrict the activities and basic freedoms of Zimbabwean citizens.

* Constitution: The agreement's call for a new constitution to be drafted is commendable, although civil society's role in the process should be greatly expanded and the process expedited.

* International Engagement: Now that negotiations led by the Southern African Development Community are concluded, the United Nations and African Union should play a more active role in ensuring that Zimbabwe's democratic transition progresses. The guidance and experience of these organizations can help ensure that Zimbabwean civil society plays a leading role in the transition process.

* Compliance Mechanisms: A provision to create a Joint Monitoring and Implementation Committee to monitor the parties' compliance with the agreement should include leading members of civil society. The agreement states that it will consist of eight political party officials: four from each party. Likewise, the deal indicates a committee consisting of four people will review progress in implementing the agreement. Civil society should play a leading role in this committee to ensure objective and independent monitoring.

Zimbabwe is ranked Not Free in the 2008 edition of Freedom in the World, Freedom House's survey of political rights and civil liberties, and Not Free in the 2008 version of Freedom of the Press.

For more information on Zimbabwe, visit:

Freedom in the World 2008: Zimbabwe <http://www.freedomhouse.org/template.cfm?page=22&year=2008&country=7523 >
Freedom of the Press 2008: Zimbabwe <http://www.freedomhouse.org/uploads/FOPZimbabwe2008.pdf>
Freedom House, an independent nongovernmental organization that supports the expansion of freedom in the world, has been monitoring political rights and civil liberties in Zimbabwe since 1972.

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