Ananova
Food woes worsen in Zimbabwe
Relief agencies say
food shortages in Zimbabwe have markedly worsened.
They say it has
resulted in massive profiteering, political interference in
distribution and
forced the hungry to survive on wild fruits and roots.
An estimated 6.7
million Zimbabweans, more than half the total population,
are in danger of
starvation in the coming months.
Food shortages are blamed on drought and
the government's programme to seize
thousands of white-owned commercial farms
for redistribution to black
settlers.
The Food Security Network, a
grouping of 24 non-government organisations,
say household food stocks fell
to between zero and less than a month's
supply in all but one of the
country's 52 districts it monitored in October.
Supplies of grain dropped
sharply, pushing up the black market prices of
corn meal by 20 times the
government's fixed price.
In a statement, the relief agencies said: "The
collapse in supply have
produced huge reported burdens for the poorest but
super profits for some."
The group's 150 community monitors across the
country reported people
foraging for roots and berries to eat, many families
cutting out meals and
others removing the corn meal staple from their
diet.
Underfed children were dropping out of schools or going absent to
search for
food.
The group said: "Poor communities spend time,
transport costs and sell
assets to source food."
Story filed:
17:18 Saturday 23rd November 2002
Hoovers
NEARLY HALF OF ALL ZIMBABWEANS' HAVE RUN OUT OF FOOD:
SURVEY
November 23, 2002 3:37pm
11/23/2002
Zimbabwean
President Robert Mugabe's government has stepped up its
"political
interference" with food deliveries while up to half of all
Zimbabweans have
run out of food, a Zimbabwean survey published on Saturday
said. It was
drafted by the Food Security Network (Fosenet), a local body
linking 24
non-governmental organisations that monitor food availability in
Zimbabwe's
52 districts. The survey said "household stocks have fallen to
zero or less
than one month's supply" and that in half of the 52 districts,
"everyone is
now in need" of food aid. At the same time, the survey said,
"there was an
increase in reported political interference in relief" in the
last month. It
singled out "procedural barriers, political bias and reduced
supplies" as the
most frequent obstacles to hungry people getting food.
While Zimbabwe's
famine -- expected to threaten more than half the country's
population of 13
million people -- has reached its most serious stage yet,
the Fosenet report
indicates that the situation is rapidly to become more
desperate. The
Zimbabwean government blames the country's drought for the
shortage of food
stocks but aid agencies, led by the United Nations, have
said the famine is
largely man-made. They hold Mugabe responsible for the
destruction of the
country's highly productive commercial farming industry
because of his
illegal seizures of white-owned farms and his unsound
economic policies. Aid
agencies say there is evidence gathering that it is
Zimbabwean government
policy to force Zimbabweans, through starvation, to
support the 78-year-old
Mugabe. The rigorous controls the government imposes
on the import and
distribution of maizemeal are seen by the agencies in
Zimbabwe as strategies
to withhold food from anyone suspected of supporting
the opposition Movement
for Democratic Change. Fosenet's Saturday report
said the availability of
maizemeal in commercial outlets had also fallen --
except for a brief period
before local government elections. Supplies to
shops were "scarce," and
accessible only by standing in long queues, or
through "backdoor sales," the
report said. It also said that in urban areas,
even people with money had
been unable to buy maizemeal. Black market prices
for maizemeal had reached
up to Zimbabwe dollars 2000 per kilogram, 67
percent more than the September
price, Fosenet said, adding that black
marketeers were making "super
profits." Earlier this week, a detailed report
on official corruption in food
relief by the Danish group Physicians for
Human Rights, said figures in
Mugabe's ruling Zanu-PF party dominate the
black market. Fosenet on Saturday
also expressed concern about the "latitude
given to (rural) councillors in
deciding beneficiaries" of relief from the
official Grain Marketing Board
(GMB). Most GMB councillors are Zanu-PF
members and the main supply of food
in Zimbabwe comes through the board,
whose depots across the country are
controlled by ruling party militia.
Fosenet said deliveries to GMB depots had
dropped, with half of the
districts not getting any deliveries last month.
The GMB itself was selling
at black market prices, the report said, adding
that the "upper ranges of
GMB sales were 120 percent above the controlled
price." While relief
supplies through the United Nations' World Food
Programme (WFP) had
increased in October, the report said, the "increase in
relief does not seem
to be of a scale to match this widening vulnerability"
to hunger. "The
collapse in supply has produced huge reported burdens for the
poorest," it
said. Children, the elderly, disabled and sick people were the
worst hit,
yet only one third of relief food was dedicated to children. The
UN says
Mugabe has further curtailed the availability of food by banning
private
companies from importing grain and severely restricting charities
from
importing for their own relief programmes. And despite Mugabe's
September
promise to WFP head James Morris that he would allow genetically
modified
maize into the country, only minimal amounts have entered Zimbabwe.
Sapa 11/
23/02 21-25 C=100
Copyright 2002. All Rights
Reserved.
Financial Times Information Limited - Asia Africa Intelligence
Wire
Washington Times
Letter to the Editor
There is no rightful
president in Zimbabwe
We would like to appeal to you to refrain from the
frequent referral to
Robert Mugabe and his regime as the president and
government of Zimbabwe,
respectively. The latest such examples can be found
in "U.S. weighs reprisal
for beating of embassy employee" (World,
Thursday).
The people of Zimbabwe did not elect Mr. Mugabe in a democratic
process. He
imposed himself on the Zimbabwean people through the use of
violence,
intimidation and blatant election-rigging. The results of this
year's
presidential elections were farcical, and no respectable election
monitoring
institution found the elections to resemble anything close to free
and fair.
The results were not accepted by the international community or by
many
within Zimbabwe.
Furthermore, the unfree and unfair nature of the
elections was compounded by
the military, police and secret intelligence
agency declaring that they
would not accept any victory other than that of
Mr. Mugabe.
We believe, therefore, that an esteemed newspaper such as The
Times would
agree that Mr. Mugabe is not the legitimate president of
Zimbabwe.
Consequently, any Cabinet he appoints is not the legitimate
government of
Zimbabwe, and hence should be referred to as the Mugabe
regime.
D. TRACY
Spokesman
Freedom for Zimbabwe
Campaign
London
Exeter Express and Echo
AFRICA TERROR REGIME FORCED ME
OUT
BY ROB SIMS
12:00 - 23 November
2002
A farmer forced to flee his home in Zimbabwe because he
feared for
his safety has started a new life in Exeter.
John
Lashbrook had to leave his homeland after a campaign of terror
against white
landowners.
He saw many of his neighbours suffer at the hands of
the supporters of
President Robert Mugabe's government and feared he would be
next.
His son's farm was invaded as they celebrated a family
engagement.
"I am very sad to leave Zimbabwe because it was my
home," said
56-year-old Mr Lashbrook. "But it became impossible to stay
there. It was a
dangerous situation and we had little choice but to
go.
"My son Michael wanted to stay, as we all did, but it
became
impossible. His farm was occupied by war veterans and he has been
ordered to
leave.
"We were on the farm celebrating an engagement
when we saw them
walking on to the land."
He added: "What has
happened in Zimbabwe is a tragedy. Mugabe has made
life impossible for blacks
as well as whites.
"The economy is in a very poor state and the
currency is no longer
worth anything. Half the population is facing
famine."
Mr Lashbrook and his wife Tina, who used to run a large
farm and a
chain of butchers, decided to move to Exeter to retrace their
family roots.
Their son Michael - one of the few white farmers
still left in
Zimbabwe - has also now been forced to quit the
country.
He has been ordered off his farm by militant so-called war
veterans
loyal to Mugabe and will join his family in December.
Mr Lashbrook has now taken over Turton's Butchers in Cowick Street and
is
attempting to build a new life in Exeter, where his father was
born.
He can trace his family roots back more than 300 years in
Devon.
John's father Wilfred was born in Heavitree but moved to
what was then
Rhodesia and built the foundations of the biggest butchery
business in the
country.
John took over the business from his
father and ran a chain of more
than 30 butchers shops and a wholesale meat
supply business, as well as
becoming an international judge of beef and
lamb.
Mugabe, who has ruled the country since 1980, has
consistently pledged
to give white-owned land to blacks.
After a
series of violent clashes, land invasions and legal
challenges, the majority
of white farmers have been forced off the land.
When Mugabe kept
control of the country in March - following an
election widely regarded by
observers as rigged - it was the final straw for
the family.
Mr
Lashbrook, who has four children, decided to retrace his family
footsteps to
Exeter. He used his expertise of the meat industry to take over
one of the
best-known butchers in the city.
He added: "I do miss Zimbabwe. But
we have a new life now and I can't
think of anywhere better to start it than
Exeter. Everyone has been very
kind to us and we have been made to feel very
welcome."
ZIMBABWE NATIONAL SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS
PVO 38/69
SPCA
Member Centres:
Bulawayo - Chegutu - Chinhoyi - Chiredzi -
Gweru - Harare - Hwange - Kadoma - Kwekwe - Marondera - Mashava - Masvingo -
Mutare - Zvishavane
21 NOVEMBER 2002
The past month has been incredibly busy for the
team - there has not been much time for news.
The tragic situation of the agricultural security
company that was put out of business has been finalised. Over 400 dogs were
euthanaised*. This was an extremely difficult exercise for the teams.
When the guards got wind of what was happening in
terms of the future of the company, they 'downed tools' by locking up and tying
up their dogs and heading into town. They ripped out telephones and radios and
commandeered all company vehicles as well as destroying the deployment records
which would have shown us where to find all the dogs.
With the aid of one brave guard and three private
vets who volunteered their services, the teams would set off as soon as it was
daylight and finish off attending to the dogs with the use of headlights. The
sights which met them were often heartbreaking - animals which had been left
tied up for several days without food or water; some tied in such a way that
they could not lie down; some in the blazing sun; others injured from their
struggle to free themselves; one dog which had fallen in a reservoir, and in
spite of being seen by locals, was left in the water for days - fortunately he
was able to stand up in the water and not drown; another animal had chewed
through the bark of a tree to try and escape. Many of the animals were
extremely overwrought and barely approachable. Inspector Addmore Chinhembe
disappeared and returned wearing one of the guards uniforms (although a bit
tight) and thus disguised* was able to calm the excited animals and remove them
from their tethers and cages.
All concerned are to be commended for their
determination and bravery, often enduring threats and
intimidation.
The exercise took two weeks to complete. The few
animals with a friendly nature were rehomed and the company have retained some
of the young healthy animals in order to continue with a smaller operation, but
we are concerned as Meryl received word last week that the dogs were being
dished out to all and sundry. The Inspector from Chinhoyi will follow
up.
In spite of ongoing events, we managed to hold our
annual Congress, courtesy of Gweru SPCA, at the beginning of the month, which
was happily attended by most centres and fortunately by the head of NSPCA - SA
as well as the head of the NSPCA Livestock Division. We greatly appreciate
that they took time off from their busy schedules to show their solidarity and
provide us with the benefit of their knowledge and experience. It was a most
positive and productive meeting and all present gained a great deal by sharing
their problems and ideas. All centres went away with a much needed boost in
moral, reassured that they are not alone, and laden with drugs and supplies
sponsored by the Zimbabwe Pet Rescue Project and the incredibly caring people of
South Africa who have stood by us steadfastly during the past 2
years.
Last week Meryl and the team were kept extremely
busy. They received several appeals, despite reports that there would be no
further occupation of farms. In Bromley, the team went to a farm where a few
months ago a mother (82) and daughter (50's) were beaten by a group of female
farm invaders. The daughter dropped to the ground to try and escape the
beating, only to be kicked by the assailants. They also severely kicked the
family's GSD. This time the team were called because the family have a stud
farm with about 60 horses and settlers were ploughing up all available grazing
to plant crops. Meryl managed to stop ploughing and ensure that an
area was left for the horses. Sadly, this week the family contacted Meryl to
report that the settlers had removed the pipes which carry water to the
horses.
At another farm in the Bromley area, an elderly
lady lives on her own with many animals - dogs, cats, goats, cattle, sheep and
pigs. Her farm has been designated and she has appeared in court but has no
family and nowhere else to go.
The team then went on to a farm in Rusape where 21
horses have been left behind. The situation is very tense as the workers claim
to be owed wages and have staked a claim on the horses. The horses are in very
poor condition and most will have to be euthanaised. Two mares (with foals) are
limping badly from being injured in snares. Meryl reports that the police from
Rusape have been excellent and will certainly be needed in dealing with this
situation.
Whilst on the farm in Rusape, the team were
monitored by two 'green bombers' who were being very arrogant and aggressive.
Fortunately, the police escort cautioned them, explained the role of the
ZNSPCA and pointed out the authority of our Inspectors and that even they as
policemen could be prosecuted by SPCA Inspectors. They encountered an
individual wearing badges for a well-known security company but when questioned
admitted to not being employed by them and the police ordered him to remove the
insignia.
In a joint effort between NSPCA, ZNSPCA and the
Government Wildlife Veterinary Officer, a herd of 150 Sable which have
been confined in bomas since February were tranquilized and treated. The
animals have been kept in small bomas lined with black plastic sheeting. There
are about 13 animals in each enclosure, the smell of urine is overpowering and
their condition is deteriorating, being fed only on hay with a smattering of
fresh grass. Since they have been confined, 20 calves and 1 bull have died.
There is an ongoing dispute over the ownership of the herd. We were very
pleased when the Chief Veterinary Officer ordered their release. However, due
to their lengthy confinement, most animals were limping badly and could not walk
properly due to overgrown and cracked hooves. The costly but necessary drugs
were procured with 'Zimhelp' funds held by the NSPCA for such emergencies and
all animals have been darted, hooves trimmed, vitamin injections administered
and are now ready for their very much overdue release from the quarantine
facility in Norton.
This week the team recovered several abandoned farm
cats from Bindura, Darwendale, Nyabira and Norton. Meryl also established that
all is well at Golden Acres but several horses have been moved to another farm
which is considered to be more safe at this time.
Meryl continues to arrange for the release and
provision of food and water for livestock and horses on farms where
'negotiations' continue between the stakeholders.
From a farm in Tengwe the team rescued 7 dogs, 1
rabbit, 2 cats and 4 tortoises. Settlers were very militant and had placed an
enormous piece of machinery in front of the gate to prevent entry. Earlier,
Meryl was barricaded in, for four hours and had resigned herself to spending the
night on the farm. Police and armed Support Unit were required and the
settlers tried to demand that Meryl remain on the road and that only Addmore and
Mark Manhuwa could have access. The Police once again explained the role of
ZNSPCA and the entire team were able to re-enter. Meryl estimated that there
were between 70 - 100 settlers present. Again, demands for retrenchment
packages were made and when the team were leaving they found that the road had
been completely barricaded with logs*. Mark and Addmore were able to
move enough aside in order for them to leave. All this, despite the fact that
the farmer has not been issued with a Section 8 Notice.
We are arranging for a large consignment of human
rabies vaccine through NSPCA for all ZNSPCA and SPCA centres as, in the last
month, 4 Inspectors and assistants have required treatment following exposure to
rabid animals - another unfortunate development of the current
situation.
As always, we are very grateful to all those who
continue to support our efforts, share our concern, keep their friends and
colleagues informed and send kind messages.
Thank you all.
B.
*photos on request
Britain Debates the Gains And Evils of Its Colonial Past
Sunday
Times (Johannesburg)
OPINION
November 24, 2002
Posted to the web
November 23, 2002
Andrew Unsworth
Johannesburg
Histirians tend
to avoid the word "if" on the grounds that you can never
know "what if".
Politicians are less cautious and so the question has
arisen: what if the
British Empire had not happened? Is it really to blame
for many of the modern
world's problems?
Until now, the British have had a sort of collective
amnesia about their
empire since it fell apart in the 1960s. But Foreign
Secretary Jack Straw
stirred a debate about Britain's colonial past when he
voiced the view that
many of the world's problems could be blamed on
Britain's colonial past.
The minister was probably talking more from the
heart than from the mind,
says David Anderson of St Anthony's College in
Oxford.
"There is a renewed interest in Britain's colonial past," he
says, "and this
is partly a reflection of the growing maturity in Britain's
public life.
Fifty years after the end of the empire, we are finally coming
to grips with
it and many admit that it was not such a glorious
episode.
"It is also an aspect of Britain's multicultural society today.
We would not
be as we are if it were not for the empire."
Britain is
indeed a remarkably tolerant society that seems to allow cultural
or ethnic
pride in its minority communities . The very meaning of what it is
to be
British today is the subject of regular debate, and it's certainly not
fox
hunting in the shires.
Modern Britain emerged from the empire as much as
the independent members of
the Commonwealth did, and its imperial past is as
unavoidable as is their
colonial one.
But the British have moved past
blame. As Anderson says, it's "almost trite
and a bit facile" to say that
colonialism was bad; everyone knows it.
In the interview published by the
New Statesman , Straw said Britain was to
blame for many of the world's
problems - from the Indian subcontinent to the
Middle East and
Africa.
"There's a lot wrong with imperialism," he said. "A lot of the
problems I
have to deal with now are a consequence of our colonial
past."
He sketched the role of the British in Iraq, Palestine, Kashmir
and the land
issue in Zimbabwe.
But Michael Ancram, the Conservative
foreign affairs spokesman, rejected
Straw's comments as "old-fashioned
left-wing guilt".
He singled out Straw's comments, which essentially
agreed that Britain had
created Zimbabwe's land problem, saying they only
helped Zimbabwe avoid
international pressure.
Reaction was swift too
from the Daily Mail. "The British Empire may have had
its faults but on
balance was a powerful force for good. It exported
democracy, law, tolerance
and an incorruptible civil service and left behind
a legacy of freely elected
governments and political decency from India to
Canada and
Australia.
"But Mr Straw sees only the worst. Is this his way of
shuffling off
responsibility for Zimbabwe, which is being reduced to despair
by
[President] Robert Mugabe."
Writing in the Telegraph, veteran
journalist W F Deedes also hit back at
Straw: "When people like Jack Straw
tell me that our colonial past dogs the
progress of countries in Africa and
Asia, I invite them to study the recent
history of Ethiopia.
"In
recent years it has suffered as much pain as any of our former colonies
in
Africa, and is now threatened with another famine, arising from
drought
compounded by mismanagement."
In the Guardian, Randeep Ramesh
backed Straw. Britain, he said, had been
even more reluctant to draw up a
balance sheet of colonialism than other
European colonial powers
.
"Britain's wealth was made on the backs of those it suppressed. Cheap
labour
fuelled big profits for Britain as the best land was taken for
plantations
and minerals dug out and shipped off to be processed in
Europe.
Exports that competed with British goods were banned - wrecking
the Irish
wool industry and the Indian cotton one. Echoes of this policy
continue
today, ensuring that countries rich in resources remain
poor."
Perhaps this debate about the past is itself a luxury when what
should be
debated is the future.
"Dressed up as benign assistance or
humanitarian interventionism, the years
ahead will once again see great
powers intervene in the affairs of
independent people," Ramesh
says.
"The imperial era has been resurrected for the future."
TO
ALL FARMERS
FROM:
REGIONAL PRESIDENT, MAC CRAWFORD
DATE:
21 NOVEMBER 2002
Dear Farmer
I
write to you as a result of the crisis that is now gripping the Commercial
Farmers Union – a crisis which has arisen because the CFU has had no clear cut
policy in creating an enabling environment to
produce.
This
enabling environment has been destroyed because CFU has advised members to try
and solve a national problem on an individual basis by coming to various illegal
agreements with local war vets, land committees, DA’s or governors. This has helped fuel the lawlessness that is
rampant in Zimbabwe. Few of these
agreements have lasted longer than six months and many members have found
themselves severely compromised, weakened and in most cases
criminalised.
We
have approximately 500 farmers farming this summer season, with the majority of
them having agreements that could severely compromise them before the season is
out, as many of the winter croppers have found to their
detriment.
Colin
Cloete has recognized that the CFU policy of the last two years has failed. He has taken the responsibility upon himself
and resigned. He must be respected for
this.
The
CFU now needs to go forward and come up with a policy to create an enabling
environment for members to get back to production which they have done so
successfully for so many years.
To
start we need to go back to our Congress of this year. Farmers Association representatives voted
overwhelmingly, against Council, to change the CFU legal advisors. These representatives correctly identified
the source of the problem – that we were being advised to operate outside the
laws of Zimbabwe. This position was
reinforced when over 400 farmers were arrested on the weekend of the
17th and 18th August and charged as
criminals.
Therefore
the first foundation stone to create this enabling environment must be to return
to the rule of law and respect the Constitution of Zimbabwe. If you have a valid Section Eight, don’t
break the law and try to farm – obey the law.
This would strengthen CFU’s position in persuading government that
Section 8 legislation is
counter-productive.
The
second foundation stone is the recognition of Title. Don’t fill in an L.A. (Land Application) form
and force government to break its own constitutional sub-division laws. You would also severely compromise your own
interests with regard to restitution or compensation from any international
sources. You would be seen to be acting
criminally and acquiescing to this mayhem by the international
community.
I
must now make it known that I will be standing for the position of the CFU
President. Should I be elected I will
create policy around these two foundation stones. This will be a National policy which I will
attempt to sell to government by the 1st of March 2003. This will enable us to get in some form of
winter crop. Should Government still not
be honouring the law of Zimbabwe by 1 March 2003, I shall call an urgent
Extraordinary Congress so that we can all together debate and decide on a way
forward.
In
the interim, I ask you to prepare a full diary of events, mitigate against your
losses and have a full evaluation done on your property by 1st March
2003.
If
you have faith in these two fundamental principles that I have proposed I seek
your support and ask you to contact your Regional and Commodity
representatives. I believe with these
principles in place farmers can play a role to feed the country and revive the
economy.
Yours
faithfully
MAC
CRAWFORD
------------------------------------------------------------------------------------------------------
DISCLAIMER:
Unless
specifically stated that this is a Commercial Farmers' Union communiqué, or that
it is being issued or forwarded to you by the sender in an official CFU
capacity, the opinions contained therein are private. Private messages also
include those sent on behalf of any organisation not directly affiliated to the
Union. The CFU does not accept any legal responsibility for private messages
and opinions held by the sender and transmitted over its local area network to
other CFU network users and/or to external addressees.
Dear Family and Friends,
In the first few days of November we had 47 mm of
rain (almost two inches) in Marondera and the rain was widespread across the
country. In towns and cities, back gardens and road sides there was a mad flurry
of activity with every sensible, educated and hungry person planting maize in
every possible patch of empty land. The maize germinated, bravely put up two
leaves and now it decorates every ant hill, sanitary lane, alley, verge and road
edging. I too got involved in this mad flurry of activity, dug up half the back
garden, stood in a queue for half an hour, managed to finally purchase a small
bag of seed and planted maize in all the vegetable beds and where grass once
grew. Most of my maize has had to be replanted as even the rats in Zimbabwe are
starving and they emerged from the piles of litter and garbage which have
lain on Marondera's roadsides for months and ate the seed almost as soon as it
was planted. To exacerbate the rat problem we have not even had an urban garbage
collection in Marondera for over 10 days and the Municipality say they have no
petrol to undertake normal household refuse removal let alone clear up the
stinking and mosquito filled squalor accumulating on our verges.
It has not rained in Marondera since the 7th of
November and I am watering the maize in my garden. The people who planted on
road sides are running hose pipes to their little patches and women are carrying
buckets of water on their heads to keep their precious food alive.
Tragically, and well over a month into our major
growing season, this flurry of activity in towns and urban areas is still not
being seen on all the newly seized farms. On the 67 kilometre trip to Harare
this week I did not see a single ploughed field or germinating crop. The fields
lie idle and deserted, more trees have been felled and there are only a handful
of cattle left to graze on all these newly green fields. At every sales yard and
auction centre huge piles of agricultural equipment and irrigation piping are
lying idle and the latest surveys indicate that there are now less than 500
commercial farmers still on their land. While our commercial farmers are not
allowed to grow food and the shelves in our shops are filled with toilet paper
and air freshener, the Minister of Justice announced this week that the country
has run out of prisons and that 7 new ones are to be erected on newly seized
farms. There are now signs of real hunger even in our towns. There are a growing
number of street children with filthy clothes and sunken eyes hanging around the
towns. On every pavement there are men and women begging or just sitting. Over
500 people queued for sugar outside one small Marondera shop this week and more
than two thirds of them left empty handed. The shop owner told me that he had
never seen anything like the hunger and desperation and that it was getting
worse by the day.
Every day there are increasing reports of food
being used as a political tool, both in rural and urban areas and the latest
report from the Danish Physicians for human rights who have just completed a 3
month survey in Zimbabwe is chilling. "It is our opinion that starvation and
eventually death will occur along party political lines in Zimbabwe." There are
now so many damning reports being made about the situation here and yet still no
one does anything to help us. This week 2 US officials were stopped, held and
interrogated by men who called themselves war veterans in a little area called
Melfort 40 kilometres outside of Harare city. Two Zimbabweans accompanying them
were physically assaulted. The four were on official US business and trying to
ascertain the conditions of destitute farm workers and how best to help them.
After the interrogation and assault the US government made an official protest
and demanded protection for their nationals. Their cries were met with mountains
of propaganda. Our Minister of Information, Jonathan Moyo said that there were
no displaced farm workers in Zimbabwe. He went on to add: "Everyone knows that
the US is the citadel of mafia conduct and racist vigilante groups." Three weeks
ago the US threatened "intrusive, interventionist action" to stave off
starvation in Zimbabwe. It seems they were just idle words because nothing has
happened since then and everywhere you look you see desperately hungry and
frightened people.
Copyright Cathy Buckle 23rd November
2002.
IOL
SA stands by Zimbabwe in EU barring row
November 23 2002 at
06:12PM
By John Battersby
South Africa is at the
centre of a major international row over the decision
by parliamentarians of
the European Union (EU) to bar two Zimbabwean cabinet
ministers from taking
part in a joint African-Caribbean-Pacific (ACP)-EU
parliamentary assembly in
Brussels.
Although Belgium allowed the Zimbabwean ministers to enter the
country, the
group of EU parliamentarians attending the joint assembly - due
to start on
Monday - decided they would not be allowed on the premises of the
EU.
This is in line with a visa ban on senior officials of the government
of
President Robert Mugabe.
Both sides met on Saturday in a bid to
avert a boycott of the event by the
78-nation ACP delegation.
Bid to
avert a boycott of the event
The South African delegation holds the view that
Zimbabwean ministers should
be able to attend international events. Nkosazana
Dlamini-Zuma, the foreign
minister, said last week that South Africa would
work to have international
sanctions against Zimbabwe lifted.
Frene
Ginwala, the speaker of the national assembly, said from her home in
Cape
Town on Saturday that the deadlock in Brussels was not about Zimbabwe
but
about the principle of the European parliamentary delegation
deciding
unilaterally about the attendance of certain members when decisions
should
be taken jointly by the ACP-EU assembly.
"They can't
unilaterally take these kinds of decisions because it is a joint
assembly,"
Ginwala said.
It was the responsibility of the hosts - the European
parliament - to come
up with an alternative venue if they were not prepared
to allow the
Zimbabweans on their premises. She said there were no provisions
in the
joint assembly's rules to exclude anyone.
"It's normal
international practice that if you are hosting an international
gathering of
this kind you cannot cherry-pick who you want to be there,"
she
said.
'The attitude of the European parliament is
unacceptable'
"Next they will want to exclude Iraq from attending
international
gatherings."
Rob Davies, the South African parliamentary
delegation leader, said from
Brussels yesterday that the bureau of the joint
assembly had met in a bid to
break the deadlock and were due to report back
to the joint assembly today
to consider compromise options.
Davies
said that one option being considered was to hold the assembly at
an
alternative venue in Brussels, outside the precinct of the
European
parliament.
AFP reports that Paul Mangwana, the Zimbabwean
minister of state for state
enterprises, and Christopher Kuruneri, the deputy
minister for finance and
economic development, are already in Brussels and
are scheduled to attend
the meeting that starts tomorrow.
"The
attitude of the European parliament is unacceptable," said Haitian-born
ACP
spokesperson Hegel Goutier.
MEP Glenys Kinnock, the co-president of the
ACP-EU assembly, said she hoped
the ACP group would attend the
meeting.
"There are clear imperatives which we face at this time and I
certainly hope
that the ACP will feel that their participation in the
[ACP-EU] joint
parliamentary assembly is a priority which transcends all
other
considerations," she said.
"This decision [to ban the
Zimbabweans] has been taken after serious and
lengthy deliberations and is, I
believe, based upon the need the European
parliament feels to be consistent
with the resolutions we have agreed
regarding Zimbabwe," she said.
But
members of the EU (MEPs) insisted the visa ban must also cover the
ACP-EU
meeting, sparking an angry response from the grouping.
A decision whether
to boycott the ACP-EU joint parliamentary assembly will
only be taken after
Saturday's meeting.
Pat Cox, the European parliament president, said the
decision by leaders of
the EU assembly's main political groupings had his
"full backing".
News24
24/11/2002 17:57 - (SA)
New farmers fail to
take up land
Harare - Only half the black farmers allocated land in
one of Zimbabwe's
richest provinces under the government's controversial land
programme have
taken up their plots, a state-run newspaper said on
Sunday.
So far only 7 000 out of 14 000 farmers allocated formerly
white-owned land
in Mashonaland West province have moved onto the farms and
are currently
preparing the land for crops, according to the Sunday
Mail.
Provincial governor Peter Chanetsa was "concerned" by the low
uptake of land
under a resettlement programme meant for would-be commercial
farmers, the
paper said.
More than two years ago, President Robert
Mugabe's government began to take
white-owned farms for distribution to new
black farmers. Only around 600
white farmers are still on their farms, down
from 4 500 at the start of the
programme.
Critics say the new farmers
lack the financial backing and infrastructure
needed to restore Zimbabwe's
agricultural sector and grow food for the
country, which is facing severe
food shortages.
Last month, the governor of another fertile province,
Mashonaland East, said
half the people offered land there had not taken up
their plots. - Sapa-AFP
ABC Australia
Monday, November 25, 2002. Posted: 08:14:10
(AEDT)
Russia, Venezuela, Zimbabwe criticised over media
restrictions
The International Press Institute (IPI) says Russia, Venezuela
and Zimbabwe
are threatening press freedom.
The three countries are on
the IPI's watchlist, a mechanism for detecting
and documenting efforts to
restriction the media.
"The October hostage incident in Moscow shows that
[Russian] President
Vladimir Putin continues to be obsessed with impeding the
free flow of
information," IPI director Johann Fritz said in a
statement.
"The media were entitled to report on this event but were
prevented by the
excessive secrecy of the Russian government and its
agencies," he said.
On Zimbabwe, Mr Fritz says "with the media hemmed in
on all fronts, it is
all but impossible to highlight a positive feature in
the Zimbabwean media
scene".
"The overwhelming impression left by the
Government is that it cares neither
for press freedom nor how it is perceived
by the outside world," he said.
The IPI says Venezuelan President Hugo
Chavez has created "a climate of
intimidation and hostility towards the
media".
"Chavez's aggressive rhetoric is an incitement to physical
violence against
the press," IPI chairman Jorge Fascetto said.
The IPI
says it is monitoring press restrictions in South Korea and
Sri
Lanka.
The two are also on its watchlist, which is reviewed every
six months.
It says it expects the media will have problems in the run-up
to
presidential elections in South Korea in December.
But Mr Fritz
says the situation in Sri Lanka had improved and it could
become one of the
most free and open countries in Asia for the media if it
pressed on with
reforms.
SOUTHERN RHODESIA
CONSTITUTIONAL CONFERENCE HELD AT LANCASTER HOUSE, LONDON
SEPTEMBER - DECEMBER 1979
REPORT
1. Following the Meeting of Commonwealth
Heads of Government held in Lusaka from 1 to 7 August, Her Majesty's Government
issued invitations to Bishop Muzorewa and the leaders of the Patriotic Front to
participate in a Constitutional Conference at Lancaster House. The purpose of
the Conference was to discuss and reach agreement on the terms of an
Independence Constitution, and that elections should be supervised under British
authority to enable Rhodesia to proceed to legal independence and the parties to
settle their differences by political means.
2. The Conference opened on 10 September under the chairmanship of Lord
Carrington, Secretary of State for Foreign and Commonwealth Affairs. The
Conference concluded on 15 December, after 47 plenary sessions. A list of the
official delegates to the Conference is at Annex A. The text of Lord
Carrington's opening address is at Annex B, together with statements made by Mr
Nkomo on behalf of his and Mr Mugabe's delegation and by Bishop Muzorewa on
behalf of his delegation.
3. In the course of its proceedings the Conference reached agreement on
the following issues:
— Summary of the Independence Constitution (attached as Annex C to this
report)*
—arrangements for the pre-independence period (Annex D)
—a
cease-fire agreement signed by the parties (Annex E)
4. In concluding this agreement and signing this report the parties
undertake:
(a) to accept the authority of the Governor;
(b) to abide by the
Independence Constitution;
(c) to comply with the pre-independence
arrangements;
(d) to abide by the cease-fire agreement;
(e) to campaign
peacefully and without intimidation;
(f) to renounce the use of force for
political ends;
(g) to accept the outcome of the elections and instruct any
forces under their authority to do the same.
*The Constitution, which was enacted by Order in Council on
6 December 1979, gives full effect to this Summary.
Signed at Lancaster House, London
this twenty-first day
of December, 1979
ANNEX A
LIST OF DELEGATES
UNITED KINGDOM DELEGATION
Lord Carrington (Chairman)
Sir I Gilmour Bt
Sir M Havers*
Lord
Harlech*
Mr R Luce
Sir M Palliser
Sir A Duff*
Mr D M Day
Mr R A C
Byatt*
Mr R W Renwick
Mr P R N Fifoot
Mr N M Fenn
Mr G G H
Walden
Mr C D Powell
Mr P J Barlow
Mr R D Wilkinson
Mr A M
Layden
Mr R M J Lyne
Mr M J Richardson*
Mr C R L de Chassiron*
Mrs A
J Phillips*
Mr M C Wood
*Replaced by Sir J Graham, Mr S J Gomersall, Gen M Farndale, Mr R
Jackling, Col A Gurdon, Col C Dunphie and Mr B Watkins for some sessions of the
Conference.
MR MUGABE, MR NKOMO AND DELEGATION
Mr J M Nkomo
Mr J M Chinamano
Mr E Z Tekere
Gen J M
Tongogara
Mr E R Kadungure
Dr H Ushewokunze
Mr D Mutumbuka
Mr J
Tungamirai
Mr E Zvobgo
Mr S Mubako*
Mr W Kamba
Mr J W Msika
Mr T
G Silundika*
Mr A M Chambati
Mr John Nkomo*
Mr L Baron*
Mr S K
Sibanda*
Mr E Mlambo*
Mr C Ndlovu*
Miss E Siziba
*Replaced by Mr W Musarurwa, Mr D Dabengwa, Mr A Ndlovu, Mr R Austin, Mr
R Mpoko, Mr R Manyika and Mr L Mafela for some sessions of the Conference.
1
BISHOP MUZOREWA AND DELEGATION
Bishop A T Muzorewa
Dr S C Mundawarara
Mr E L Bulle
Mr F
Zindoga
Mr D C Mukome*
Mr G B Nyandoro*
Rev N Sithole
Mr L
Nyemba*
Chief K Ndiweni
Mr Z M Bafanah*
Mr I D Smith
Mr D C
Smith
Mr R Cronje
Mr C Andersen
Dr J Kamusikiri
Mr G Pincus*
Mr L
G Smith
Air Vice Marshal H Hawkins
Mr D Zamchiya
Mr S V
Mutambanengwe
Mr M A Adam
Mr P Claypole
*Replaced by Mr A R McMillan, Mr D V M Bradley, Gen P Walls, Mr K Flower
and Mr P K Allum for some sessions of the Conference.
SECRETARIAT
Mr J M Willson
Mr R S Dewar
Mr R P Ralph
Mr N E Sheinwald
2
ANNEX B
OPENING SPEECHES BY LORD CARRINGTON (CHAIRMAN), MR NKOMO AND
BISHOP MUZOREWA
Lord Carrington: I am glad to welcome you to this
Conference and to open its proceedings.
When the British Government issued invitations to this Conference on 14
August, after extensive consultations, we naturally hoped for and expected a
positive response. Our consultations had revealed a strong desire that the
United Kingdom should take the initiative in making a further attempt to achieve
a final settlement of the problem of Rhodesia, in fulfilment of its
constitutional responsibilities. There was also a widespread feeling that
continuation or intensification of the war was not in the best interests of any
of the parties to the dispute, nor of the people of Rhodesia as a whole.
Nevertheless, it is not a simple matter for those who have been involved in a
bitter and tragic military confrontation to sit round a conference table
together. The British Government felt strongly that it had the responsibility to
bring that about.
When inviting you here we appealed to you, in the interests of the people
of Rhodesia, to approach these negotiations in a positive spirit and to seek to
build up areas of agreement. We hope thereby to lay the foundations for a free,
independent and democratic society in which all the people of Rhodesia,
irrespective of their race or political beliefs, would be able to live in
security and at peace with each other and with their neighbours. The act of
coming together is important. It is now up to us to build on that.
Since 1965, and indeed long before, many meetings have been held to try
to resolve this problem. I am under no illusions, nor are any of my colleagues
with me under any illusion, about the magnitude of the task before us. The
problem is one which has defeated the efforts of successive British Governments,
all of whom sought to achieve the objective of a peaceful settlement in
conditions which would guarantee to the people of Rhodesia the full enjoyment of
their rights. But I have no intention of going back over the history of those
attempts; and I hope that you also will be prepared to look to the future rather
than to the past.
I would like to hope that there is a difference between this meeting and
those which have preceded it. This is a constitutional conference, the purpose
of which is to decide the proper basis for the granting of legal independence to
the people of Rhodesia. Many conferences like this have been held in this very
building. A great many former dependent territories of the United Kingdom have
successfully made the transition to independent statehood on the basis of
constitutions agreed here. It is our intention to approach this Conference on
the basis of the same principles and with no less strong a determination to
succeed than in the case of those other conferences, which resulted in the
granting of independence by this country to our former dependent territories. I
believe that we can take some pride in the part we have played at conferences
held at Lancaster House in the process of decolonisation. As Commonwealth
leaders agreed at Lusaka, Britain has had no lack of experience as a
decolonising power.
3
The agreement reached at Lusaka has made it possible for the British
Government to convene this Conference with the very real hope that it will lead
to an internationally acceptable settlement. I would like to pay tribute to the
Commonwealth Heads of Government and the Commonwealth Secretary-General, all of
whom worked so hard at Lusaka to establish an agreed position. In summary, the
Commonwealth Heads of Government at Lusaka confirmed that they were wholly
committed to genuine majority rule for the people of Rhodesia, and accepted that
this requires the adoption of a democratic constitution including appropriate
safeguards for minorities. They reiterated that it is the responsibility of the
British Government to grant legal independence to Rhodesia. They agreed that the
government formed under the independence constitution must be chosen through
free and fair elections, properly supervised under British Government authority,
and with Commonwealth observers. They welcomed the British Government's
intention to convene this Conference, and recognised that the search for a
settlement must involve all parties to the conflict. We should do well, I think,
to bear in mind throughout our discussions the framework thus set out in the
Lusaka communique. Not only does it incorporate the views of the British
Government, but it sets out the approach which the Commonwealth will support and
which will gain international acceptance.
Against this background I approach the search for a fair constitutional
settlement in Rhodesia with the conviction that it is illusory to think that any
settlement can fully satisfy the requirements of either side. An agreement can
only be reached if there is a willingness to compromise.
The British Government has put to you an outline of the kind of
constitution on the basis of which we would be prepared to grant independence.
We wish to discuss these proposals with you at this Conference, and will be
prepared to elaborate them in the light of our discussions. If we can reach
agreement at this Conference, there will be an end to the war. That is an
outcome which I believe will be greeted with immense relief by the people of
Rhodesia and throughout Africa. Rhodesia will proceed to legal independence with
a government formed by whichever party and whichever leader can show that they
command the confidence of the people. I must confess that I find it difficult to
see how any party or group or leader can hope to benefit from what would follow
failure to reach agreement along the general lines we have put before you, and
those who would suffer most would be the people of Rhodesia, towards whom our
real responsibility lies.
A quarter of the population of Rhodesia has been born since 1965. Their
lives have been overshadowed, not merely by a tragic and unnecessary political
dispute, but by armed conflict. Many of them have died as innocent victims of
the war. Or they have lost their parents, or their brothers or their sisters. Or
they have lost their homes. Many of them, black and white, face the prospect of
themselves having to fight, on one side or the other, or of being deprived
indefinitely of peaceful residence in the land of their birth - a quarter of a
million people are now in refugee camps in other countries. If we, who are
assembled in this room, cannot agree on a way to end the fighting and to provide
for you to settle your differences by political means, this is what will happen.
This generation now at risk had no part in the initial causes of the
conflict. It was not born when the problem of Rhodesia came to a crisis in 1965.
But
4
now there is acceptance by all the parties of a society free from racial
discrimination, of universal suffrage and majority rule. We can make this
objective a reality if - and only if - we are prepared to look at the problems
on the basis of principles on which both sides should be able to agree. I
believe that the people assembled in this room have it in their power to end the
war and to enable the people of Rhodesia to decide their future by peaceful
means. We - you and I - bear a heavy responsibility, and I do not believe that
the people of Rhodesia will readily forgive any party which deprives them of
this opportunity to settle their future by peaceful means. That is a thought
which should be in all our minds throughout the whole of this Conference.
It is, I must say, a matter of great regret and disappointment to me and
my colleagues that hostilities are continuing during this Conference. Progress
towards agreement on political issues - which I hope we are all determined to
achieve - will by definition mean progress towards removing the causes of the
war. It must be our objective to proceed as soon as possible to a stage at which
there can be agreement on a ceasefire. We shall fall short of what we ought to
achieve for the people of Rhodesia if we do not give them a chance to make a
fresh start, its causes and its consequences put firmly in the past.
Gentlemen, Britain has at times, and variously, been described on the one
side as choosing to stand with arms folded on the touchline; and on the other as
not being serious in its determination to decolonise. Let me assure you today,
if anyone is in any doubt, that we could not be more serious in our intention to
achieve a satisfactory basis for the granting of legal independence for the
people of Rhodesia, and in this attempt to bring about an end to the war.
Since we were elected the government of this country at the beginning of
May we have engaged in extensive consultations on the best way of achieving
these objectives. Lord Harlech visited Africa early in the life of this
Government to consult with the parties to the dispute and with the Commonwealth
and other African governments most closely concerned. He found a general
conviction that a solution to the problem of bringing Rhodesia to legal
independence must stem from Britain as the constitutionally responsible
authority, and that we must put forward proposals to achieve that objective. He
also found that there was criticism of the present constitutional arrangements,
in particular of the blocking power given to the white minority over a wide
range of legislation, and of the character of the Public Service and other
Commissions.
In the period of consultations, we made it clear that we would attach
particular importance to the Commonwealth Heads of Government Meeting at Lusaka.
At Lusaka the British Prime Minister said that the British Government were
wholly committed to genuine majority rule in Rhodesia. The principle of majority
rule has been accepted by all the delegates at this Conference. The Prime
Minister, at Lusaka, also recognised the importance of encouraging the European
minority to remain as an integral part of the community. The Prime Minister
emphasised that Britain fully accepted its constitutional responsibility to
bring Rhodesia to legal independence on a basis of justice and democracy,
comparable with the arrangements we have made for the independence of other
countries.
The British Government took action immediately to give effect to the
Lusaka declaration by convening this Conference and by putting forward
constitutional
5
proposals in accordance with the principles which were agreed at Lusaka
and which have formed the basis for other independence constitutions in Africa
and elsewhere.
The constitution is the fundamental problem to which we must address
ourselves. I am of course well aware that there are other aspects of a
settlement which must in due course be resolved. But it is essential to the
prospects of success that we should first seek agreement on our destination -
which is the independence constitution. If that can be achieved it will be
necessary to decide the arrangements to give effect to that agreement. The
British Government has stated clearly that it will be prepared to accept its
full share of the responsibility for the practical implementation of those
arrangements. The central element will be free and fair elections, properly
supervised under British Government authority.
The British Government's outline proposals for an independence
constitution have been before you for four weeks. I did not suggest that this
Conference should be held on the basis of prior acceptance of this document.
Instead, I would like to take the document as the starting point for our
discussions. The British Government have been asked to put forward proposals and
we have done so. Unless there is a focus for our discussion it will be
impossible to make progress.
There are certain general points which I would make in introducing them.
First, as the constitutional authority for Southern Rhodesia, the United Kingdom
intends to take direct responsibility for the independence constitution. What
you have before you are the British Government's proposals, taking account of
the points made to us in our consultations. They are intended to give effect to
the principles which have been accepted by successive British Governments as the
proper basis for independence, and you will recollect them very clearly. They
are that the principle of majority rule must be maintained and guaranteed; that
there must be guarantees against retrogressive amendments to the constitution;
that there should be immediate improvement in the political status of the
African population; that racial discrimination is unacceptable; that we must
ensure that, regardless of race, there is no oppression of majority by minority
or of minority by majority; and that what is agreed must be shown to be
acceptable to the people of Rhodesia.
Second, our proposals are comparable to the basis on which the United
Kingdom has granted independence to other former dependent territories, in
particular those in Africa. We have no doubt, therefore, that a solution on this
basis will be accepted by the international community, as giving effect to the
principles we have accepted in granting independence to other former dependent
territories. In the case of Rhodesia, as in all other cases, a constitution must
take account of special circumstances. But the broad lines of independence
constitutions are clear enough; and in the precedents there are points which can
help us towards a solution, for example on the representation of minorities.
Third, we have made it unequivocally clear that our constitutional
proposals represent in outline the kind of constitution on the basis of which
the British Government would be prepared to grant legal independence. If
agreement could be reached on alternative proposals which meet the British
Government's
6
criteria, we would be ready to grant independence on that basis. But we
believe that the best hope of success lies in negotiation on the lines we have
proposed, in accordance with the Commonwealth declaration.
If it is possible to get agreement on the general framework for the
independence constitution, the British Government will be prepared to put
forward more detailed proposals to give effect to that agreement. We shall
therefore have further suggestions to put before the Conference. But, before we
advance to that stage, we must establish what measure of agreement exists on the
outline proposals, and where the major difficulties, if any, will lie. As the
first step, therefore, I shall hope to hear your views on the outline proposals.
Before inviting you, in our next session - because 1 think it would be
appropriate to leave it to the next session - to state your positions on the
constitutional framework for independence, I would like very briefly to speak
about the arrangements to give effect to an agreement on the constitution.
In other countries approaching independence, the United Kingdom's role
has invariably been to establish just conditions for independence, and not to
encourage the aspirations of this or that party. Our role in Rhodesia will be
the same as in other dependent territories. The international community is well
aware of this and of our constitutional responsibility. In many countries we
have handed over power to people who had previously been confirmed opponents of
the policy of the United Kingdom, if they have been elected by the people of
their countries. In the position which we agreed with other Commonwealth
Governments at Lusaka, we stated that there must be free and fair elections,
properly supervised under British Government authority and with Commonwealth
observers. This has been accepted by all Commonwealth Governments; and, as I
have already said, the British Government will be ready to carry out its
responsibilities in this regard.
I turn now briefly to the way in which we might proceed at this
Conference. The Conference is being held under my Chairmanship. I attach the
highest priority to bringing it to a successful conclusion, and 1 assure you I
intend to play the fullest part in the proceedings. At times when I am prevented
from being here, I would propose to ask the Lord Privy Seal, Sir lan Gilmour, to
take the Chair.
We have made no attempt to fix the duration of the Conference. I hope
that we can move forward rapidly. I trust that we can show real progress towards
agreement on the constitution. We for our part are prepared to continue for as
long as it is necessary, provided of course that progress is being made. In the
opening plenary sessions I would ask you to set out fully your views on
constitutional questions and on the outline proposals before the Conference, as
I have done. Depending on the progress made, it might then be appropriate to
consider aspects of the constitution in more detail, perhaps on the basis of
further proposals tabled by the British Government. We may also wish to consider
meeting in less formal groups at different levels. We shall have between us to
decide on that as we proceed.
The Conference Secretariat, headed by the Conference Secretary, Mr
Willson, is at the service of all delegates. Any questions on administrative
arrangements
7
should be referred to Mr Willson and the Conference Officers assisting
him.
The Secretariat will prepare summary records of discussions in the formal
Conference sessions, that is to say, records which give a resume of the main
points made by each speaker. They will circulate these records within 24 hours.
If you wish to make corrections of substance to your own interventions I would
be grateful if you would do so within two days. These will also be circulated.
The summary records will not be made available to the press.
There will - and I dare say you have already seen it - be world-wide
interest in the progress of the Conference. A great many journalists have been
accredited to it. I shall be making public my own statement this afternoon; you
may wish to do the same with your opening speeches. The press will not be
admitted to Lancaster House, but there is a fully equipped press centre just
across the road. This is at the disposal of all delegations. Mr Fenn will act as
my spokesman as Chairman of the Conference. He will also release to the press
any joint statements on which we may from time to time agree, and I invite each
delegation, if they would be so good, to nominate a member of their staff as
Press Secretary, to be in touch with Mr Fenn about these matters. They will of
course be welcome to use the facilities at the press centre.
If there are other papers which you wish to have circulated to all
particicipants, the Secretariat will be ready to have them reproduced and
distributed as Conference documents.
May I say this in conclusion. This Conference has been convened in
response to the statement agreed by the Commonwealth Heads of Government at
Lusaka. We have put forward proposals designed to bring Rhodesia to legal
independence. Your acceptance of our invitation has given hope to the people of
Rhodesia and the neighbouring countries. It is within the power of the parties
represented here to bring an end to the war.
I have deliberately avoided talking of a "last chance" of a settlement.
Last chances have come and gone before. But I would put it differently. Since
Geneva, the conflict has reached new levels. The cost of continuing it is very
high. Since 1976 the number of men under arms on both sides has more than
doubled. The war has spread into neighbouring states. The toll in casualties
inside Rhodesia and in the neighbouring countries has continued to rise. Neither
side has infinite resources. The price of failure at this Conference would be
further prolonged bloodshed and further destruction of the life of whole
communities. The responsibility for preventing this lies upon all those present
here, and the eyes of the international community will be upon us all to see
that we live up to that responsibility. The British Government is determined for
its part to do everything in its power to bring this Conference to a successful
conclusion. It is in that spirit that I ask all of you to address the task
before us.
Now, gentlemen, having said that, I think the best thing that we can do
is to adjourn until 10.30 tomorrow morning when I hope we shall hear the
considered views on what I have said from the two sides; of course there is no
limit on the number of those who can speak. Perhaps we might then adjourn now,
and I hope very much to see as many of you as can come this evening, when we are
having a small party downstairs.
Thank you very much.
8
Mr Nkomo: Mr Chairman, first I would like to apologise
to the Conference, through you, that we in the first place requested that we had
some time, as given in our letter, and secondly that we still were late. We
apologise for that to the Conference.
Mr Chairman, the Patriotic Front is going to give a statement that
represents the Front. Mr Mugabe and myself are presenting this statement on
behalf of our group.
The Patriotic Front, deeply conscious of the need to bring an end to
racism and colonialism which continue to plague the people of Zimbabwe, welcomes
the British Government's stated aim to assist in this task of decolonisation. We
have come to London to attend this Conference in response to the invitation
recently extended to us by you, Mr Chairman, on behalf of the British
Government. For us our presence here is by itself an act of immense sacrifice.
The scarce material resources we have had to divert and the manpower we must of
necessity tie down in London for the duration of this Conference should be
enough evidence of our seriousness and good faith. We have always said that we
will leave no stone unturned in our struggle for the total liquidation of
colonialism in Zimbabwe.
In particular we welcome the fact that the British Government now states
that it is prepared to help bring genuine majority rule to our country,
Zimbabwe. We are anxious to discover whether that is in fact the intention.
Equally we wish to make our position absolutely clear and understood in order to
facilitate frank and meaningful discussions.
The unique reality of the situation is that for many years now a major
war of national liberation has been raging in our country. This arose from the
single tragic fact that Britain failed to meet her decolonisation
responsibilities even in the face of the continuing of flagrant illegal acts of
the secular minority which challenges the people of Zimbabwe to take up arms and
decolonise themselves. Thus we are faced with the task of a peace Conference.
British secular colonisation in Zimbabwe presented special problems which
did not disappear by being ignored for decades. The war is an additional special
problem and cannot be ignored if it is to end.
To achieve decolonisation comparable to that in other Commonwealth states
we must first achieve the basic conditions for the movement to independence
which existed in those countries. That was peace, safety and security for all,
in the context of which an independent state would be governed according to the
agreed constitution by a government elected by a people who were essentitally
free and secure when they chose their government. That essential preliminary
situation does not yet prevail in Zimbabwe and even an accepted and agreed
constitution will not create it. It is our basic task here to create those
conditions.
Mr Chairman, the extent and character of the war of national liberation
must be made perfectly clear. Ninety per cent of the country is covered by this
war: the towns and cities are surrounded by and often penetrated by the armed
struggle. Parts of the country the regime has written off and abandoned: these
9
we term the liberated areas. In other areas the regime can only achieve a
temporary daily presence with punitive raids on the villages: these we term the
semi-liberated areas. The remaining contested areas include the towns and the
citadels of the regime which we are poised to conquer. Thus the Patriotic Front
has now responsibilities not only to fight but also to ensure peace, order and
good government - the 'problem of success' - inside Zimbabwe.
Clearly it is not our purpose in coming to London to betray or abandon
any of these victories of the people of Zimbabwe who have partly liberated
themselves and are continuing the task precisely because Britain failed to carry
out her responsibilities.
This Conference is not only unique in British colonial history because it
must achieve peace as well as a future constitution: it is unique because this
is the first time that two decolonising forces have to co-operate in this task.
The Patriotic Front representing the people of Zimbabwe are here as the
effective decolonising factor, while Britain is here asserting her diminished
legal authority. In this connection it must be pointed out that Britain, despite
its claimed experience in decolonisation has had no success in Zimbabwe or did
not give any determined effort. The task has had to be undertaken by the people
themselves. Through their sweat and blood the process is well on its way. The
most positive proof of this is the admission of Britain's agent in the form of
the declaration of martial law in over nearly 90 per cent of the total area of
the country.
Yet we are more aware than any of the destruction and tragic toll of our
struggle, of the regime's continued ability and increasing determination to
wreak havoc and mass destruction. It is thus our vital responsibility to achieve
genuine independence, thereby bringing about peace and putting an end to the
prevailing anarchy and chaos. This is no longer a solely British responsibility;
we must - and our presence here demonstrates our will to do so - work together
with Britain.
We have stated before and we repeat the fact that the Patriotic Front and
the achievements of the Zimbabwean people are essential factors in the
decolonising process. We have to do this together. This is vital.
The task of this peace Conference is to ensure through an indivisible
comprehensive agreement the irreversible transfer of power to the people of
Zimbabwe. This is one continuous interdependent process. It is complex but does
not not lend itself to piecemeal treatment. The critical period leading to
independence is as vital as the independence constitution itself. In practice
the task of creating a suitable constitution for the crucial transitional period
will serve the ultimate task of agreeing a constitutional model for independence
for our country and assist us in that undertaking in understanding one another's
constitutional preferences. There must be no doubt about the freedom and
fairness of the context of pre- independence elections. As the recent history of
our land so eloquently demonstrates, treachery, tribalism and mass murder is all
that can result from a false solution. To accept such a Zimbabwe would be a
betrayal of our people, of our principles and quite simply (since dead and
detained men can neither canvass nor cast votes) a betrayal of ourselves. We
must remember here that it has always been, and it remains, the basic objective
of
10
the Patriotic Front to ensure that government of a genuine free Zimbabwe
is based upon free and fair elections. We have said this, Mr Chairman, several
times. We were the initiators of the principle of universal adult suffrage in
Zimbabwe, in the face of its constant rejection by Britain herself and the
minority regime in that country.
Zimbabwe must be a sovereign republic in which the sovereign nation
pursues its own destiny, totally unshackled by any fetters or constraints.
The sovereign Zimbabwean people must, acting through their own freely
chosen representatives in parliament, be free and fully vested with the power to
exercise complete dominion over resources from time to time as need arises. They
must be free to reorganise the social, political and economic institutions and
structures and be free to shape their own destiny as a nation without having to
pander to any racial, ethnic, tribal, religious, social or other interests or
differences.
The safety and survival of the republic must be the sacred trust of the
Zimbabwean nation, not the pawn in the hands of mercenaries and other alien
adventurers and agents. We are irrevocably committed to the position that the
Zimbabwean people, by whose blood and sacrifice colonialism was exorcised from
the land, must themselves be the perpetual guarantors of sovereignty in the face
of all challenges, domestic or foreign. Liberation and the process leading
thereto must, once agreed, be irrevocable and irreversible. We know no other way
of ensuring this than strict adherence to the principle that the people and
their forces who have toppled minority rule must be entrusted with the task of
ensuring that colonialism, under whatever guise, will not return to plague the
nation once again.
Justice will not occur by accident in a sovereign Zimbabwe, nor will its
administration and dispensation remain in the hands of privileged minority. It
must conform to the social and cultural values of the Zimbabwe people
themselves.
The socio-economic system must conform to the people's sense of justice,
democracy and fair play.
These and similar goals, cherished vigorously by our people, and for
which thousands now lie in mass graves throughout Zimbabwe, Zambia, Mozambique,
Botswana and Angola must not be betrayed or compromised. In the past many people
present here in Lancaster House, but who are now our antagonists cherished them
too. It is personal ambition and greed that propelled them into betrayal and
treason. We are sworn not to follow their example.
At this stage, Mr Chairman, having seen both the British proposals and
yesterday's statement by Lord Carrington, we find the British proposals are too
vague for us to judge whether they are adequate to our comprehensive task. The
British Government must now be prepared to take us into their confidence and
show us what their real proposals are. This is very essential if we are to
discuss with clarity of mind. The present outline states no more than some of
the elements of any constitution but contains also certain aspects which are
very different from the normal British pattern and are also seriously
retrogressive as compared with earlier British proposals such as the Anglo-
American proposals.
11
It avoids the real issues which should be brought before this Conference
and solved. Only by dealing with them can we hope to leave here and return to
freedom and the prospect of peace and tranquillity in our country, Zimbabwe.
The essential questions we have posed constantly to ourselves and which
we insist must be understood by all seriously concerned with a solution include
the following:-
1. Will the people of Zimbabwe be really sovereign and be able to
exercise their sovereign authority?
2. V/hose army shall defend Zimbabwe and
its people? It must be noted here that 60% of the present white army are
mercenaries.
3. Whose police force shall protect the people of
Zimbabwe?
4. What type of administration and judiciary shall serve the people
of our country, Zimbabwe?
5. Will any ethnic, religious, tribal or other
group be able to hold the rest of the people of Zimbabwe hostage?
6. How do
we create the situation for the holding of free and fair elections?
7. Whose
laws will govern such elections?
8. In particular, apart from the British
supervisors and the Commonwealth observers, who will administer the elections
and ensure the safety of the voters and candidates?
9. What will be the
future of the people's land?
These and similar issues are those which should be placed on the agenda
of this Conference and before the world if real peace is to return to our
beloved Zimbabwe. The time for evasion is long past and we insist that the final
phase of decolonisation be seriously pursued now by the British and by
ourselves.
We have won that position by our own sacrifice, our own struggle, our own
blood. We are not requesting anybody to bestow this right on us. We have done it
ourselves. We continue to do it.
Thank you, Mr Chairman.
Bishop Muzorewa: Mr Chairman, it gives our delegation
great pleasure to be in this historic building representing the democratically
elected government of Zimbabwe Rhodesia, seeking recognition and the lifting of
sanctions.
I must first, on behalf of my delegation and on my own behalf, say how
grateful we all are to Her Majesty's Government for the hospitality accorded us,
the spirit in which we have been received here and, above all, for the
opportunity to resolve, once and for all, the constitutional problems facing our
country.
12
I was pleased to accept the invitation to attend this constitutional
Conference and to lead the delegation of our Government of National Unity,
because it enables me to report officially and in person to the British
Government and the British people that we have fulfilled all the requirements
insisted upon by successive British administrations. This being so, it is up to
the British Government to recognise the new reality of the situation in our
country and to act accordingly.
It is now the responsibility of your government, Mr Chairman, to accept
and acknowledge this fact. You, Mr Chairman, have referred to the laying of
foundations for a free, independent and democratic society. We would suggest
that those foundations have already been laid, and Britain has a legal and moral
duty in the name of democracy, integrity and fair play to follow its own
hallowed principles and recognise the new popularly elected government in our
country which is of the people, by the people and for the people.
Let me examine, Mr Chairman, the present situation in relation to the
five principles listed by the British Government in 1965 and the sixth
subsequently added in 1966. I might add, at this stage, that these principles
have received general approval by other countries and were even endorsed by the
United Nations Organisation.
Those principles were:
(a) unimpeded progress to majority rule must be maintained and
guaranteed;
(b) there must be guarantees against retrogressive amendment to
the constitution;
(c) there must be an immediate improvement in the political
status of the black population;
(d) there must be progress towards ending
racial discrimination;
(e) the constitutional proposals must be acceptable to
the people of Rhodesia as a whole; and
(f) there must be no oppression of the
majority by the minority or of the minority by the majority.
In connection with these six principles, universal adult suffrage has
been accepted and introduced in our country and this change cannot be reversed.
Thus, the political status of the black population has been fulfilled and
majority rule is enshrined in the constitution. No retrogressive amendments can
be made without the approval of the black representatives in Parliament. Racial
discrimination has been totally abolished and there is no question but that the
changes which have been brought about in our country are accepted by the people
as a whole. There is in our country today no oppression of the majority by the
minority or of the minority by the majority. I can confidently state therefore,
Mr Chairman, that the requirements of previous British Governments have been
fully satisfied and nothing should now stand in the way of our Government of
Zimbabwe Rhodesia being granted their rightful recognition.
Let us accept one further fact. The reasons which led to the British and
subsequent international action against our country were directed purely and
13
simply against a white minority government which unilaterally declared
independence in 1965. Those reasons are no longer valid, Mr Chairman. That
government, which was anathema to the majority of our people, no longer exists.
It has now been replaced by a government popularly elected by 64.8 per cent of
our electorate in elections which were conducted in an honest, impartial,
democratic, free and fair manner. This was testified to by virtually all the
observers sent to monitor our elections, including the team led by Lord Boyd
which was sent by your party. You yourself, Mr Chairman, indicated in the House
of Lords on 22nd May that the British Government would be guided by Lord Boyd's
conclusions. I fear that in some measure you may have shifted your ground in
this regard and, perhaps due to the pressures exerted on your Prime Minister in
Lusaka, your commitment has not been followed through. I do most sincerely hope
and trust that your government has no intention of accepting a situation where
Zimbabwe Rhodesia becomes the sacrificial lamb on the altar of expediency.
I would now take you back to the 15th May of this year. At the opening of
the present British Parliament your Prime Minister, Mrs Thatcher, said it was
the objective of your government to build on the major change that had taken
place in my country to achieve a return to legality in conditions of wide
international recognition. Let me emphasise the word 'major', which is of the
greatest importance. This is exactly what has happened in Zimbabwe Rhodesia.
There is a total new reality in our country. In Parliament, the House of
Assembly consists of 72 black and 28 white members, the Senate consists of 20
black and 10 white senators. The Cabinet contains 19 ministers, of whom 14 are
black and 5 are white. Prior to May the two highest posts in the land, that of
Prime Minister and President, were held by whites. Now these posts are filled by
blacks. Furthermore, as Minister of Combined Operations and Minister of Defence,
I have executive control and ultimate authority over all military matters in my
country. The military commanders operate under my immediate policy directives.
Similarly, my black colleague, the Minister of Law and Order, who is a member of
my delegation, holds executive power over the police.
All racially discriminatory laws, including those relating to land
tenure, have been repealed - I repeat, have been repealed. People of all races
are now permitted to live where they choose, whether in rural or urban
residential areas. Our black population participates in all facets of business
without any racial restrictions. Our schools and hospitals are now non-racial.
All these significant developments were unheard of and thought impossible less
than two years ago.
Mr Chairman, you said yesterday that in the case of Rhodesia, as in all
other cases, the constitution must take account of special circumstances. That
is precisely what we have done. We have a new constitution drafted by both black
and white members of the four parties to the 3rd March Agreement - it was drawn
up by the people of our country to meet the needs of our country. We have a new
flag, one that is symbolic of our country and all its people.
We have a new non-racial nation, one that is dedicating itself to be a
good example to other countries, not only on the African continent but
throughout the world. The successful conclusion of our agreement of the 3rd
March 1978, and the implementation of our new constitution, has been achieved
through the
14
tremendous courage displayed by the vast majority of our electorate
during elections. They went to the polls happily and willingly to exercise their
newly won democratic right to elect a government of their choice despite
intimidation and threats of death. In doing so they clearly demonstrated their
desire to determine the future course of their country and that this should be
achieved through the ballot and not the bullet. The people voted because they
had at last secured their inalienable right to do so, in spite of repeated
threats by the Patriotic Front to disrupt our elections, to punish and maim our
citizens who dared to vote and to execute the democratically elected black
leaders of their government.
There are a number of most important matters on which we require a clear,
binding and unequivocal undertaking from your government, Mr Chairman, from the
very outset of this Conference. I repeat that we have met the six principles.
Lord Boyd reported on the last outstanding principle and your government has not
denied his finding that the fifth principle has been met.
We require to know clearly and categorically what more your government
requires from us before you will remove sanctions and grant recognition to our
government. Thereafter, if we are able to reach agreement, we shall require a
firm commitment in specific terms from your government that it is prepared to
support our government to the fullest extent, that sanctions will be lifted, and
that recognition will be granted. Here I must make it absolutely clear that we
are not prepared to see any negation of what has so far been achieved in our
country on behalf of our people, unless it is in their interests and in the
interests of their country.
We require from Her Majesty's Government a guarantee, made publicly, to
the effect that no one - I repeat, no one - will have the power of veto over the
stated scope and focus of this Conference and that the same will apply to any
decisions that may be agreed.
Mr Chairman, yesterday you asked us to set down fully our views on the
constitutional questions and on the outline proposals published by the British
Government when extending the invitation to this Conference. I have already
dealt with the constitutional questions. As far as the outline proposals are
concerned, the Constitutional Agreement of 3rd March 1978, and our present
constitution, substantially meet all the points that are made. We sincerely
trust that you will not insist on us making changes to our constitution, which
is already working very well, merely for the sake of appeasing other countries
who do not appreciate the position in Zimbabwe Rhodesia. I repeat what you
yourself said yesterday, Mr Chairman: in the case of Zimbabwe Rhodesia, as in
all other cases, the constitution must take account of special circumstances.
The constitution of Zimbabwe Rhodesia was agreed in that country, and for that
reason it is likely to stand the test of time. History has shown that many
constitutions which have been agreed in this place have not lasted for any
appreciable period. We do not want the same thing to happen to us.
The British Government, in its invitation to this Conference, strongly
urged both sides to observe a ceasefire. Yesterday, Mr Chairman, you said it was
a matter of great regret and disappointment to you that hostilities are
continuing during this Conference. My delegation would like to have it placed on
record
15
that we accepted that appeal by the British Government and, in fact, we
are still prepared to co-operate fully in trying to bring about a ceasefire.
However, no ceasefire can be achieved unless all the parties to the conflict
agree to observe this.
Finally, Mr Chairman, in your address yesterday it was clear that you
personally, and your government, earnestly desire to see this Conference
succeed, and that you have the sincere determination to achieve this noble
objective. You struck a chord which resounds in our own hearts when you deplored
the terrible and useless loss of lives in our country. You challenged us in the
name of humanity to adopt a constructive approach and contribute to the
successful outcome of our deliberations.
I wish to assure you, Mr Chairman, that I and my delegation are most
willing, and indeed anxious, to respond to your challenge in the most positive
manner. We shall do so in the true spirit of the Christian and democratic
principles which we have always followed. We shall do so because deep in our
consciences and our souls we believe that this will lead to the salvation of our
people, our country and our nation. You will not find us lacking, Mr Chairman,
in our efforts to seek a realistic solution which will enable our country to
progress to peace and prosperity. In God's name I pray that goodwill may prevail
and that this Conference will be blessed with success.
Thank you, Mr Chairman.
16
Lancaster House
Conference 1979 - Annex C (below)
ANNEX C
SUMMARY OF THE INDEPENDENCE CONSTITUTION
A.THE STATE
1. Zimbabwe will be a sovereign Republic.
2. There will be a Public Seal of Zimbabwe which will be kept by the
President.
3. The Constitution will be the supreme law of the Republic and will prevail
over any other law to the extent that such other law is inconsistent with it.
B. CITIZENSHIP
1. Every person who was a citizen of Rhodesia immediately before
Independence will automatically become a citizen of Zimbabwe on Independence (by
birth, descent or registration, as the case may be, according to his former
status). Every person who, immediately before Independence, possessed such
qualifications that the relevant authority would, upon application duly made,
have registered him as a citizen of Rhodesia, will be entitled to make
application in the prescribed manner at any time during the first five years
after Independence and it will be incumbent upon the competent authority to
grant that application and cause him to be registered as a citizen of Zimbabwe.
2. Every person who is born in Zimbabwe after Independence (other than the
child of a diplomat accredited to Zimbabwe, of an enemy alien, of a person
unlawfully in Zimbabwe or of a non-citizen not ordinarily resident in Zimbabwe)
will become a citizen of Zimbabwe by birth. Every person who is born outside
Zimbabwe after Independence will become a citizen of Zimbabwe by birth if at the
time of his birth his father (or if he is illegitmate, his mother) is a citizen
of Zimbabwe but resident outside Zimbabwe in the service of the Government and
his birth is registered in Zimbabwe.
3. Every person who is born outside Zimbabwe after Independence but whose
father (or, if he is illegitimate, whose mother) is then a citizen of Zimbabwe
by birth or registration will himself become a citizen of Zimbabwe by descent.
4. Any woman who is or has been married to a person who is or was at any
time during the subsistence of the marriage a citizen of Zimbabwe (or would but
for his death have automatically become a citizen of Zimbabwe at Independence)
will, on making application in the prescribed manner, be entitled to be
registered as a citizen of Zimbabwe.
5. Any person one of whose parents is a citizen of Zimbabwe at the date of
his application will be entitled, on making application in the prescribed
manner, to be registered as a citizen of Zimbabwe. If the person is a minor, the
application may be made on his behalf by his parent or guardian. Provision will
be made for adopted children.
6. Parliament will be empowered to make provision:-
a. for conferring citizenship of Zimbabwe by registration on persons in
cases other than those described above;
17
b. for taking away the citizenship of a person who has acquired it
otherwise than by birth or descent, provided that the loss of his citizenship
will not render him stateless;
c. for the renunciation by any person of his citizenship of Zimbabwe; and
d. for regulating the procedure relating to the acquisition and loss of
citizenship of Zimbabwe.
7. Provision will be included which permits citizens of Zimbabwe to retain
their citizenship of other states.
8. Provision will be made on Independence for the resumption of citizenship
by persons who have forfeited it or been deprived of it since 11 November 1965.
C. DECLARATION OF RIGHTS
1. The Declaration of Rights will set out provisions on the following lines
dealing with the substantive rights concerned.
I. The Right to Life
1. It will be forbidden to deprive any person intentionally of his life
save in execution of the lawful sentence of a court after conviction of a
criminal offence.
2. There will be an express exception for death caused by reasonably
justifiable force in defence of person or property; or in order to effect a
lawful arrest or to prevent the escape of a person in lawful custody; or to
suppress riots etc; or to prevent the commission of a criminal offence; and
there will also be an exception for death caused by lawful act of war.
II. The Right to Personal Liberty
1. It will be forbidden to deprive any person of his personal liberty
except as authorised by law in any of the following cases:-
a.conviction on a criminal charge or unfitness to plead to such a charge;
b.by order of a court or Parliament for contempt;
c.by order of a court to
secure the fulfilment of any legal obligations;
d. to bring the person
concerned before a court or Parliament in execution of the order of a court or
Parliament;
e. on reasonable suspicion of that person's commission or
threatened commission of a criminal offence;
f. for the purpose of the
education or welfare of a minor;
g. to prevent the spread of disease;
h.
for the management of persons of unsound mind, drug addicts, alcoholics or
vagrants in the interests of their own welfare or the protection of the
community;
i. in connection with immigration control, extradition and
deportation.
18
2. Any arrested or detained person will be entitled to be informed of the
grounds upon which he is being held and to obtain and instruct a lawyer of his
own choice. When the arrest or detention is for the purpose of bringing him
before a court or is connected with his being suspected of a criminal offence,
he will be entitled to be brought before a court without undue delay and, if not
tried within a reasonable time, to be released on bail, subject only to
reasonable conditions. Any person wrongfully arrested or detained will be
entitled to compensation (although a public officer acting reasonably and in
good faith will be protected from liability).
III. Freedom from Slavery and Forced Labour
1. It will be forbidden to hold any person in slavery or to exact forced
labour.
2. The term "forced labour" will not include labour required in
consequence of a sentence or order of a court; labour which a person in lawful
custody may have to perform in the interests of hygiene, etc; labour required of
a member of a military or similar force or in lieu of military service; or
labour required during a public emergency where the requirement is reasonably
justified for dealing with the emergency.
IV. Freedom from Torture and Inhuman Treatment
1. It will be forbidden to inflict torture or inhuman or degrading
punishment or treatment on any person.
2. Provision will be made that treatment which is reasonably justifiable to
prevent the escape from custody of a person lawfully detained should not be
regarded as degrading.
V. Freedom from Deprivation of Property
1. Every person will be protected from having his property compulsorily
acquired except when the acquisition is in the interests of defence, public
safety, public order, public morality, public health, town and country planning,
the development or utilisation of that or other property in such a manner as to
promote the public benefit or, in the case of under- utilised land, settlement
of land for agricultural purposes. When property is wanted for one of these
purposes, its acquisition will be lawful only on condition that the law provides
for the prompt payment of adequate compensation and, where the acquisition is
contested, that a court order is obtained. A person whose property is so
acquired will be guaranteed the right of access to the High Court to determine
the amount of compensation.
2. Exception will be made for the taking of possession of property during a
period of public emergency.
3. Compensation paid in respect of loss of land to anyone who is a citizen
of or ordinarily resident in Zimbabwe (or to a company the majority of whose
shareholders are such persons) will, within a reasonable time, be remittable to
any country outside Zimbabwe, free from any deduction, tax or charge in respect
of its remission, but subject always to-
a. its attachment, by order of a court, in connection with civil
proceedings; and
19
b. reasonable restrictions as to the manner in which the payment is to be
remitted.
4. The Constitution will, on the same basis as in other Declarations of
Rights, make clear that a number of transactions which might be considered to
involve an element of compulsory acquisition will not be so regarded for the
purposes of the Declaration of Rights.
5. It will be made clear, for the avoidance of doubt, that the property
covered by this constitutional guarantee includes rights, whether vested or
contingent, of individuals to receive benefits under a law, contract or scheme
relating to the payment of pension benefits.
VI. Protection for Privacy of Home and Other Property
1. It will be forbidden, except with the consent of the person concerned,
to subject anybody to the search of his person or property or to entry on his
premises.
2. There will however be an exception for any law (and for any measures
taken under it) which makes reasonable provision in the interests of defence,
public safety, public order, public morality, public health, or town and country
planning or which makes reasonable provision to protect the rights and freedoms
of others; or which authorises entry on a person's premises by a local
government authority or of a public corporation in connection with any tax, etc,
or in order to carry out work connected with any property, situated on those
premises, that belongs to that local government authority or body corporate; or
which authorises entry or search in pursuance of a court order for the purpose
of enforcing the judgement or order of a court in any proceedings. Any such law
(and the measures taken under it) will be tested against the criterion of what
would be reasonably justifiable in a democratic society.
VII. The Right to Protection of the Law
1. Any person charged with a criminal offence will be entitled to a fair
hearing within a reasonable time by an independent and impartial court. In
connection with that hearing he will have the following specific rights:
a. to be presumed innocent until proved guilty;
b. to be properly
informed of what he is accused of;
c. to be given adequate time and
facilities to prepare his defence;
d. to be permitted to defend himself
either in person or, at his own expense, by a legal representative whom he has
chosen;
e. to be able both to examine the witnesses for the prosecution and
to call and examine his own witnesses on an equal footing with the prosecution
witnesses;
f. to refuse to give evidence himself (but without prejudice to
the court's ability to draw inference from that refusal);
g. to have an
interpreter if he cannot understand the language used at the trial;
20
h. to be present throughout the trial unless his own conduct renders this
impracticable and the court has therefore ordered his removal; and
1. to obtain a copy of any official record of the proceedings.
2. It
will be forbidden to create criminal offences with retrospective effect or to
provide for increased penalties with retrospective effect.
3. Except on the
order of a superior court as a result of appeal or review proceedings, it will
be forbidden to put a person on trial for a criminal offence for which he has
already been tried or for which he has stood in jeopardy of conviction at an
earlier trial or for which he has been pardoned.
4. Any court or other
tribunal which is legally empowered to determine whether a person has a legal
right or obligation or the extent of any such right or obligation will have to
be established or recognised by law and to be independent and impartial; and any
suit brought before any court or tribunal to obtain such a determination will
have to be given a fair hearing within a reasonable time.
5. All proceedings
in any court or tribunal, including the announcement of the decision, will,
unless the parties agree otherwise, have to be held in public, subject to the
right of the court or tribunal to exclude anybody other than the parties and
their legal representatives-
a. when publicity would prejudice the interests of justice;
b. in
interlocutory proceedings or proceedings preliminary to trial;
c. in the
interests of defence, public safety, public order, public morality, the welfare
of minors or the protection of the private lives of persons concerned in the
proceedings; or
d. when a Minister certifies that the disclosure of certain
information will not be in the public interest.
VIII. Freedom of Conscience
1. It will be forbidden, except with the consent of the person concerned,
to interfere with anybody's freedom of conscience. This freedom will be defined
as including freedom of thought and of religion, freedom to change one's
religion or belief, and freedom, either alone or in community with others, and
both in public and in private, to manifest and propagate one's religion or
belief in worship, teaching, practice and observance.
2. It will be forbidden to prevent any religious community from providing
religious instruction for members of that community in the course of any
education which it provides.
3. It will also be forbidden, except with the consent of the person
concerned or his guardian, to require any person attending a place of education
to receive religious instruction, or to take part in a religious observance,
except when it relates to his own religion.
4. It will be forbidden to require anybody to take an oath which is
contrary to his religion or belief or to take an oath in a manner which is
contrary to his religion or belief.
21
5. There will be an exception to the foregoing for any law (or for any
measures taken under it) which makes reasonable provision in the interests of
defence, public safety, public order, public morality or public health; or which
makes reasonable provision for the purpose of protecting the rights and freedoms
of others, including their freedom from unsolicited interference by persons of
other religions or beliefs. Any such law (and the measures taken under it) will
be tested against the criterion of what would be reasonably justifiable in a
democratic society.
IX. Freedom of Expression
1. It will be forbidden, except with the consent of the person concerned,
to interfere with anybody's freedom of expression. This freedom will be defined
as including freedom to hold opinions without interference, freedom to receive
ideas and information without interference, freedom to communicate ideas and
information without interference and freedom from interference with one's
correspondence.
2. It will be forbidden to prevent any person or group from establishing a
school, or to prevent any person from sending a child to the school of his
choice.
3. There will, however, be an exception for any law (and for any measures
taken under it) which makes reasonable provision in the interests of defence,
public safety, public order, public morality or public health, or which makes
reasonable provision to protect the reputations, rights and freedoms of others
or the private lives of persons concerned in legal proceedings, to prevent
breach of confidence, to maintain the authority and independence of the courts
or to regulate the administration or technical operation of telephones,
telegraphs, posts, wireless broadcasting or television or to prevent the
unlawful dispatch with correspondence of other matter; or which imposes
restrictions on public officers. Any such law (and the measures taken under it)
will be tested against the criterion of what would be reasonably justifiable in
a democratic society.
X. Freedom of Assembly and Association
1. It will be forbidden, except with the consent of the person concerned,
to interefere with anybody's freedom of assembly and association. This freedom
will be defined as the right of every person to assemble freely and associate
with others and in particular to form or belong to political parties or to trade
unions or other associations for the protection of his interests.
2. There will, however, be an exception for any law (and for any measures
taken under it) which makes reasonable provision in the interests of defence,
public safety, public order, public morality or public health; or which makes
reasonable provision to protect the rights and freedoms of others; or which
imposes restrictions on public officers. Any such law (and the measures taken
under it) will be tested against the criterion of what would be reasonably
justifiable in a democratic society.
XI. Freedom of Movement
1. It will be forbidden to interfere with anybody's freedom of movement.
This freedom will be defined as the right to move freely throughout Zimbabwe,
22
the right to reside in any part of Zimbabwe, the right to enter Zimbabwe,
the right to leave Zimbabwe and immunity from expulsion from Zimbabwe.
2. There will, however, be an exception for any law (and for any measures
taken under it)-
a. which imposes reasonable restrictions on the movement within Zimbabwe of
persons generally or any class of persons, or on their right to leave Zimbabwe,
in the interests of defence, public safety, public order, public morality or
public health;
b. which imposes reasonable restrictions on the acquisition or
use of land;
c. which authorises a court to impose restrictions on any
person's movement or residence within Zimbabwe or on his right to leave
Zimbabwe, in consequence of his criminal conviction or to ensure his appearance
before a court to stand trial for a criminal offence or to give evidence in
criminal proceedings or to answer extradition or deportation proceedings;
d.
which imposes restrictions on the freedom of movement of anybody who is not a
citizen of nor permanently resident in Zimbabwe;
e. which authorises the
extradition of a person from Zimbabwe in respect of a criminal offence or his
removal to some other country to serve his sentence for such an offence;
f.
which imposes restrictions, in order to secure the fulfilment of any person's
legal obligations, on his right to leave Zimbabwe; or
g. which imposes, for
the protection of tribespeople, restrictions on residence within Tribal Trust
Land for those who are not tribespeople.
In all these cases, save the restrictions relating to Tribal Trust Land,
any such law (and any measures taken under it) will be tested against the
criterion of what would be reasonably justifiable in a democratic society.
XII. Protection from Discrimination
1. It will be forbidden for any law to contain a provision which is
discriminatory either of itself or in its effect or for any person who is
exercising statutory powers or acting in the performance of the functions of any
public office or public authority to treat anybody in a discriminatory manner. A
law or an executive action of this kind will be regarded as discriminatory if it
affords special advantages or imposes special disabilities upon persons by
reason wholly or mainly of their race, tribe, place of origin, political
opinions, colour or creed.
2. There will be an exception to the foregoing for any law (or for any
measures taken under it which are authorised by it expressly or by necessary
implication)-
a. which places certain restrictions on persons who are neither citizens
nor permanent residents of Zimbabwe;
b. which makes provision with respect to
matters of personal law such as adoption, marriage, divorce, burial and
testamentary succession;
c. which makes provision for the application of
their customary law in the case of members of a particular race or tribe;
23
d. which makes provision with respect to the standards or qualifications to
be required of persons who are appointed to offices in the public service or in
the service of a local government authority or of a public corporation, provided
that these standards or qualifications do not themselves specifically relate to
race, tribe, place of origin, political opinions, colour or creed;
e. which
confers special rights on tribespeople in relation to Tribal Trust Land.
Savings
1. The Constitution will permit certain of the substantive rights described
above to be derogated from, within specified limits, during periods of
emergency.
2. Existing laws will not be held in contravention of the Declaration for a
period of five years, though such laws can be amended or repealed by Parliament
at any time.
Enforcement
The Declaration of Rights will contain provisions to ensure that the rights
which it guarantees are fully justiciable. These provisions will declare that
anybody who alleges that any of his rights under the Declaration has been, is
being or is likely to be infringed - and in the case of a detained person, any
other person on his behalf - will, without prejudice to any other remedy which
he may have, have the right to apply to the court for redress and the court will
have jurisdiction to hear and determine that application. The court will be
empowered to issue such orders as it may consider appropriate to enforce, or to
secure the enforcement of, any of the provisions of the Declaration of Rights.
D. THE EXECUTIVE
i. The President
1. The President will be Head of State and Commander-in-Chief of the
Defence Forces.
2. The President will be elected by the members of Parliament. The
qualifications for election as President will be the same as those required for
election to the Senate.
3. The President will hold office until he resigns or until a period of six
years has elapsed. Thereafter he will be eligible for re- election for one
further period of office.
4. The President may be removed from office on the grounds of misconduct or
inability to discharge efficiently the functions of his office. A motion for
removal requires to be supported by not less than two-thirds of all the members
of Parliament.
5. Provision will be made for the discharge of the functions of the office
of President during the President's absence or temporary incapacity.
24
6. The executive power of Zimbabwe will be vested in the President and
unless otherwise provided will be exercised on the advice of the Executive
Council or, if authorised by the Executive Council, the Prime Minister or other
Minister. The limited circumstances in which the President will act on his own
discretion in accordance with the Constitution, e.g. appointment of the Prime
Minister and dissolution of Parliament following a vote of confidence, will be
specified in the Constitution. (References to the exercise of power by the
President in this summary are references to the President acting on advice
unless otherwise indicated).
7. Provision will be made to keep the President informed of the general
conduct of the Government.
8. The exercise of the Prerogative of Mercy will be vested in the
President.
9. There will be vested in the President the power to declare a state of
public emergency, or the existence of a situation which, if allowed to continue,
may lead to a state of public emergency. Such a declaration will lapse unless it
is approved within 14 days by the affirmative votes of more than one-half of the
total membership of the House of Assembly. The declaration may not continue in
effect for longer than six months unless it is renewed by a similar resolution.
ii. Executive Council and Ministers
1. The Executive Council will consist of the Prime Minister and other
Ministers, appointed by the President on the advice of the Prime Minister.
2. The President will appoint as Prime Minister the person who, in his
opinion, is best able to command the support of a majority of the members of the
House of Assembly. He will appoint and dismiss Ministers and Deputy Ministers on
the advice of the Prime Minister. In the absence of the Prime Minister, the
President may authorise another Minister to perform the functions of the Prime
Minister.
3. A Minister or Deputy Minister will be a member of the Senate or House of
Assembly.
4. The Prime Minister may assign Ministers responsibility for the
administration of a Government department. Where a Minister is charged with
responsibility for a department of Government, it will be his duty to exercise
general direction and control over that department. Secretaries will have the
supervision of departments subject to that general direction and control.
iii. The Public Service
1. There will be a Public Service Commission consisting of a Chairman and
not less than two and not more than four other members.
2. The members of the Public Service Commission will be appointed by the
President acting on the advice of the Prime Minister. They will be chosen for
their ability and experience in administration or their professional
qualifications or their suitability otherwise for appointment as members. The
Chairman and at least one other member will have held senior rank in the Public
Service.
25
3. Subject to the other provisions of the Constitution, the Public Service
Commission will have vested in it the power to appoint persons to hold or act in
public offices, to exercise disciplinary control over such persons and to remove
them from office. The Public Service Commission will also have the power to make
regulations for the administration and conditions of service of the Public
Service. Its decisions will be reached by majority vote.
4. When considering candidates for appointment to vacant posts in the
Public Service and Prison Service, the Commission will be required to give
preference to the person who is in its opinion the most efficient and suitable
for appointment. However, in making any decision the Commission will be required
to take account of any general policy directions given by the President which
are designed to achieve a suitable representation of all groups of the
population in the service of the State.
5. There will be an Attorney-General who will be a member of the Public
Service. He will be appointed by the President on the advice of the Prime
Minister. Before tendering his advice the Prime Minister will consider any
recommendations by the Public Service Commission, which will in turn consult the
Judicial Service Commission. If he departs from such recommendations Parliament
will be informed before the appointment is made.
6. Candidates for the office of Attorney- General must have the
qualifications necessary for a judge or have served in the Office of the
Attorney-General for at least six years.
7. The Attorney-General will be responsible for criminal prosecutions. In
the exercise of his powers in this capacity he shall not be subject to the
direction or control of any person or authority. Once appointed the
Attorney-General may be removed from office only on the recommendation of a
tribunal.
8. Secretaries of Ministries and the Secretary to the Executive Council
shall be appointed by the President on the advice of the Prime Minister. Before
tendering his advice the Prime Minister will consider any recommendations by the
Public Service Commission. If he departs from such recommendations Parliament
will be informed.
9. Heads of Diplomatic Missions shall be appointed by the President on the
advice of the Prime Minister after consultation with the appropriate Commission.
iv. The Police Force
1. The Police Force will be under the command of the Commissioner of Police
who will be appointed by the President on the advice of the Prime Minister.
Before tendering his advice, the Prime Minister will consider any
recommendations made by a specially constituted Board. If he departs from such
recommendations Parliament will be informed.
2. The power to relieve the Commissioner of his appointment will rest in
the President acting on the advice of the Prime Minister. Before tendering such
advice the Prime Minister will consult the Executive Council. Parliament will be
informed.
26
3. Subject to such general directions of policy as may be given to him by
the Prime Minister (or other responsible Minister), the Commissioner of Police
will be responsible for the administration and operations of the Police Force.
Appointments to the Police Force will be made on the advice of or by the
Commissioner of Police. When considering candidates for appointment to vacant
posts the Commissioner of Police will be required to give preference to the
person who, in his opinion, is the most efficient and suitable for appointment.
However, in making any such decision the Commissioner of Police will be required
to take account of any general policy directions given by the President which
are designed to achieve a suitable representation of the various component
groups of the population in the service of the State.
4. There will be a Police Service Commission which will consist of a
chairman (who will be the Chairman of the Public Service Commission) and not
less than two and not more than four other members appointed by the President on
the advice of the Prime Minister. The persons to be appointed as members of the
Commission will be chosen for their ability and experience in administration or
their professional qualifications or their suitability otherwise for appointment
as members. At least one member will have held senior rank in the Police
Service.
5. The functions of the Police Service Commission will be to consider
grievances by members of the Police Force, to consider and, if it deems fit, to
confirm any proposal to dismiss a member who has had more than two years'
service and to make regulations for the general well-being, good administration
and conditions of service of the Police Force.
E. PARLIAMENT
1. The legislature of Zimbabwe will consist of the President and
Parliament, which will comprise a Senate and a House of Assembly.
2. An electoral law will make provision for the election of Senators and of
members of the House of Assembly.
3. The registration of voters in elections to the House of Assembly and the
conduct of these elections will be under the direction and supervision of an
Electoral Supervisory Commission.
4. There will be provision for the establishment of a Delimitation
Commission to delimit the Common Roll and White Roll constituencies for general
elections.
5. All citizens who are 18 years of age or over will be eligible to be
enrolled as voters. There will be a Common Voters Roll on which will be enrolled
all voters except White (including Coloured and Asian) voters who, for so long
as there is provision for separate minority representation in Parliament, will
be enrolled on a White Voters Roll.
Senate
6. There will be a Senate of 40 members chosen as follows:
a. ten will be elected by an electoral college consisting of members of the
House of Assembly elected on the White Voters Roll;
27
b. fourteen will be elected by an electoral college consisting of members
of the House of Assembly elected on the Common Voters' Roll;
c. ten will be
elected by the Council of Chiefs;
d. six will be nominated by the President
on the advice of the Prime Minister.
7. To be qualified for election or appointment as a Senator a person must
be enrolled as a voter, have attained the age of 40 and have been ordinarily
resident in Zimbabwe for not less than 10 years during the last 20 years. The
residence qualification will not apply during an initial period.
8. The Senate will elect a President and a Deputy President of the Senate.
A Minister or Deputy Minister will not be eligible for these posts. The
President of the Senate will vacate his office on the dissolution of Parliament
and may be removed from office by a resolution of the Senate supported by not
less than two- thirds of all the members.
9. There shall be a Senate Legal Committee with powers of scrutiny over
legislation.
House of Assembly
10. The House of Assembly will consist of 100 members elected as follows:
a. 80 members will be elected by voters on the Common Voters Roll;
b. 20
members will be elected by voters on the White Voters Roll.
11. To be qualified for election to the House of Assembly a person must be
enrolled as a voter, have attained the age of 21 and have been ordinarily
resident in Zimbabwe for not less than five years during the last 20 years. The
residence qualification will not apply during an initial period.
12. The House of Assembly will elect a Speaker and a Deputy Speaker. A
Minister or Deputy Minister will not be eligible for these posts. The Speaker
will vacate his office on the dissolution of Parliament and may be removed at
any time by a resolution of the House of Assembly supported by not less than
two-thirds of all the members.
13. A general election for members of the House of Assembly must be held
within not more than four months of the dissolution of Parliament. Election of
members of the Senate will follow within 28 days.
Procedure in Parliament
14. The President or the Deputy President of the Senate will usually
preside over the deliberations of the Senate. The Speaker or Deputy Speaker will
usually preside at sittings of the House of Assembly.
15. The quorum of the Senate will be one-third of all its members. The
quorum of the House of Assembly will be one-fourth of all the members.
16. There will be a Secretary to Parliament. He and the members of his
staff will be public officers.
17. There will be provision for the privileges and immunities of members of
Parliament.
28
18. The President will have the right to address either House of Parliament
or a joint meeting of both Houses.
19. A Minister or Deputy Minister will have the right to sit and speak both
in the Senate and in the House of Assembly but will only have the right to vote
in the House of which he is a member.
20. Subject to the provisions of the Constitution, the Senate and the House
of Assembly will be empowered to regulate their own procedure.
Legislative Powers of Parliament
21. Subject to the provisions of the Constitution, Parliament will have
full legislative powers for Zimbabwe.
22. The legislative powers of Parliament will be exercised through Bills
passed by the House of Assembly and (subject to the House of Assembly's power to
over-ride it after a period of delay) the Senate, and assented to by the
President.
23. Parliament will not be entitled, except upon the recommendation of the
Prime Minister signified by him or by another Minister, to proceed upon a Bill
which imposes or increases taxation or imposes a charge on public funds or
authorises expenditure from public funds or compounds or remits a debt due to
the Government.
24. If the Senate does not approve within 90 days an ordinary Bill (that is
a Bill not amending the Constitution and not a Money Bill) which has been
approved by the House of Assembly, the Bill may be presented to the President
for his assent. The Senate will not have the power to amend Money Bills, and in
the case of such Bills its power to delay will be limited to eight sitting days.
25. Save as is otherwise specifically provided in the Constitution the
House of Assembly will decide all questions by a simple majority of the votes of
the members present and voting. The Speaker or other member presiding will have
neither an original vote nor a casting vote: if the votes are equally divided on
any question, the motion will be lost.
26. Parliament will be able to amend any of the provisions of the
Constitution. Any Bill to that effect must be published in the Gazette at least
30 days before first reading in the Senate or House of Assembly.
27. The Senate will have the power to delay any Bill to amend the
Constitution for 180 days, but at the end of that period it can be sent to the
President for his assent, even if it has not passed the Senate.
28. Except as provided in paragraphs 29 and 30, a Bill to amend the
provisions of the Constitution will require the votes of not less than 70 per
cent of the members of the House of Assembly and, subject to paragraph 27, the
votes of not less than two-thirds of the members of the Senate.
29. The provisions of the Constitution relating to the separate
representation of the White minority in Parliament will for a period of seven
years be amendable only by unanimous vote of the House of Assembly and, subject
to paragraph 27, not less than two- thirds of the members of the Senate. At the
end of seven years, these provisions shall be capable of amendment as in
paragraph 28 above.
29
30. The protective provisions of the Declaration of Rights will for a
period of ten years be amendable only by the unanimous vote of the House of
Assembly and, subject to paragraph 27, the votes of not less than two- thirds of
the members of the Senate. But a Bill which amends the Declaration of Rights in
such a way as to reduce the qualifications or exceptions to those provisions
will be subject to the procedure in paragraph 28 above.
Summoning, Prorogation and Dissolution of Parliament
31. Each session of Parliament will be held at such place and will begin at
such time as the President may determine but not more than six months will be
permitted to elapse between the end of one session and the beginning of the
next.
32. The President will be able to prorogue or dissolve Parliament at any
time on the advice of the Prime Minister.
33. If the House of Assembly at any time passes a motion of no confidence
in the Government and the Prime Minister does not within three days resign or
ask for a dissolution, the President will be required to dissolve Parliament.
34. Unless it is already dissolved, Parliament will stand dissolved
automatically at the end of five years from the date of the first sitting of the
House of Assembly after the previous dissolution. There will be provision for
limited extensions of Parliament's life if Zimbabwe is at war or in periods of
emergency.
F. THE JUDICATURE
1. There will be a High Court of Zimbabwe, consisting of an Appellate
Division and a General Division. It will have unlimited original jurisdiction in
both civil and criminal matters and such other jurisdiction as may be conferred
on it by the Constitution or any other law. Appeals will lie from decisions of
the General Division to the Appellate Division.
2. There shall be a Chief Justice and other judges of the High Court.
3. The Chief Justice will be appointed by the President, acting on the
advice of the Prime Minister. Before tendering his advice the Prime Minister
will consider any recommendations from the Judicial Service Commission. If he
departs from any such recommendations Parliament will be informed before the
appointment is made.
4. The other judges of the High Court will be appointed by the President,
acting on the advice of the Judicial Service Commission.
5. A person will not be qualified to be appointed as a judge of the High
Court unless-
a. he is or has been a judge of a superior court in a country in which the
common law is Roman-Dutch or English and English is an official language;
or
b. he is, and has been for not less than seven years, qualified to
practise as an advocate in Zimbabwe or in a country in which the common law is
Roman-Dutch or English and in any such case English is an official language.
Experience in a country where the common law is English will count only in the
case of citizens of Zimbabwe.
30
6. If the office of Chief Justice is vacant or the Chief Justice is
temporarily unable to perform the functions of his office, the President will be
able to designate one of the other judges of the High Court to act in his place.
7. A judge of the High Court will not be removable from office before
reaching retiring age except for physical or mental incapacity or for
misconduct. If the President considers that the question of removing a judge on
one of these grounds ought to be investigated, he will appoint a tribunal
consisting of a Chairman and two other legally qualified members. When that
tribunal has enquired into the matter, it will report to the President and
advise him whether to refer the question of the judge's removal to the Judicial
Service Commission. If the Commission recommends that the President should
remove the judge from office, the President will do so. When the case of the
judge is being investigated by the tribunal, the President may suspend him from
performing the functions of his office.
8. There will be a Judicial Service Commission, consisting of the Chief
Justice as the Chairman, the Chairman of the Public Service Commission, a
legally qualified person appointed by the President and a member appointed by
the President, in each case acting on the advice of the Prime Minister. The
Judicial Service Commission will advise the President on the appointment of
judges of the High Court and of judicial officers presiding over certain courts
exercising specified functions.
9. In carrying out its functions the Judicial Service Commission will not
be subject to direction or control by any other person or authority.
10. The power to appoint, exercise disciplinary control over and remove
from office magistrates and certain other officers, e.g. registrars, connected
with the High Court will rest with the Public Service Commission.
G. THE DEFENCE FORCES
1. All armed forces will be regulated by law. The Defence Forces will
consist of the Army, the Air Force and any other branch established by law.
2. There will be a Commander of each branch. Each Commander will be
appointed by the President, acting on the advice of the Prime Minister. Before
tendering his advice the Prime Minister will consider any recommendations made
by a specially appointed Board. If he departs from such recommendations
Parliament will be informed.
3. The power to relieve a Commander of his appointment will vest in the
President acting on the advice of the Prime Minister. Before tendering his
advice the Prime Minister will consult the Executive Council. Parliament will be
informed.
4. The Commander of a branch of the Defence Forces will be responsible for
that branch subject to any general directions of policy which may be given to
him by the Prime Minister (or other responsible Minister) for the operations or
administration of the branch concerned. Appointments within a branch will be
made on the advice of or by the Commander, who will be required to give
preference to the person who in his opinion is the most efficient and suitable
31
for appointment. However, in making any decision the Commander will be
required to take account of any general policy directions given by the President
which are designed to achieve a suitable representation of the various component
groups of the population in the service of the State.
5. There will be a Defence Forces Service Commission which will consist of
a Chairman (who will be the Chairman of the Public Service Commission) and not
less than two and not more than four other members appointed by the President
acting on the advice of the Prime Minister. The persons appointed to be members
of the Commission will be chosen for their ability and experience in
administration or their professional qualifications or their suitability
otherwise for appointment as members. At least one member will have held senior
rank in the Defence Forces.
6. The functions of the Defence Forces Service Commission will be to
consider grievances by members of the Defence Forces, to consider and, if it
deems fit, to confirm any proposal to dismiss a member who has had more than two
years' service, and to make regulations for the general well-being, good
administration and conditions of service of the Defence Forces.
H. FINANCE
1. There will be a Consolidated Revenue Fund into which all Government
revenues will be paid unless they are payable by law into some other fund
established for a specific purpose or are revenues that may, by law, be retained
by the authority that received them for the purpose of defraying its own
expenses.
2. No monies will be withdrawn from the Consolidated Revenue Fund except to
meet expenditure charged on that Fund by the Constitution or another law; or
where the withdrawal has been authorised by an Appropriation Act or a
supplementary or additional estimate approved by or under an Act of Parliament.
3. No monies will be withdrawn from any public funds of Zimbabwe other than
the Consolidated Revenue Fund unless authorised by or under a law.
4. The Minister for Finance will be required to lay before the House of
Assembly estimates of the revenues and expenditure of Zimbabwe for the next
financial year. The expenditure included in those estimates (other than
expenditure charged on the Consolidated Revenue Fund) will then have to be
authorised by an Appropriation Act.
5. Provision will be made for supplementary or additional estimates to be
laid before the House of Assembly for expenditure not covered by the
Appropriation Act or if unauthorised expenditure has taken place.
6. There will be provision under which, if the Appropriation Act for any
financial year has not come into operation by the beginning of that year, the
President will be permitted to authorise the withdrawal of monies from the
Consolidated Revenue Fund for the purpose of meeting necessary expenditure until
the end of the first four months of the financial year or until the
Appropriation Act comes into operation, whichever is the earlier.
32
7. The public debt of Zimbabwe, i.e. all debt charges for which the
Government of Zimbabwe is liable, will be charged on the Consolidated Revenue
Fund.
8. There will be a Comptroller and Auditor- General who will be appointed
by the President on the recommendation of the Public Service Commission. It will
be his duty:-
a. to satisfy himself that any proposed withdrawal from the Consolidated
Revenue Fund is legally authorised and, if so satisfied, to approve it;
b. to
satisfy himself that all disbursements and expenditure from public funds are
covered by proper authority; and
c. at least once a year to audit all
Government accounts, including the accounts of all courts which are paid for out
of Govenment funds and the accounts of any Commission established by the
Constitution, and to report on that audit to the House of Assembly through the
Minister of Finance. For this purpose he will be entitled to have access to all
relevant books and documents. In the exercise of his constitutional functions,
he will not be subject to the direction or control of any other person or
authority.
9. The Comptroller and Auditor-General will be removed from office only by
the affirmative vote of an absolute majority of the House of Assembly.
PENSION RIGHTS OF PUBLIC OFFICERS
1. The Constitution will contain provisions relating to pensions payable in
respect of service of a public officer.
2. The pension benefits to be paid to a public officer will be those
applicable at the time he began his service or those provided under any
subsequent law not less favourable to him.
3. All pensions benefits payable by the State will be a charge on the
Consolidated Revenue Fund.
4. Any person who is entitled to receive pension benefits may, if he is
ordinarily resident otuside Zimbabwe, have them remitted to him outside Zimbabwe
free of any deduction, charge or tax in respect of its remission.
I. OMBUDSMAN
1. There will be an Ombudsman, who will be appointed by the President on
the advice of the Judicial Service Commission.
2. The duty of the Ombudsman will be to investigate complaints against
action taken by any employee of the Government, other than a member of the
Defence Forces or Police Force, or by any employee of a local authority, where
no legal redress or right of appeal to a court exists.
33
ANNEX D
THE PRE-INDEPENDENCE ARRANGEMENTS
1. The British Government puts forward the following proposals for
implementing the Independence Constitution.
2. Rhodesia continues to be part of Her Majesty's dominions. The Government
and Parliament of the United Kingdom have responsibility and jurisdiction for
and in respect of it. It is for the British Parliament to grant legal
independence to Rhodesia.
3. An Independence Constitution has been agreed by the parties, subject to
agreement on the arrangements for implementing it. The Constitution gives full
effect to the principle of genuine majority rule and will give the government of
independent Zimbabwe the powers it needs to carry out the policies on the basis
of which it is elected.
4. The question of majority rule, which gave rise to the war, has therefore
been resolved. The question now at issue is who is to form the future
independence government. The British Government's position is that this must be
decided by the people of Zimbabwe, in free and fair elections in which all
parties will be able to take part on equal terms. The British Government will
transfer power to whatever leaders are chosen by the people of Rhodesia in
elections held under these conditions and supervised under the British
Government's authority. The British Government will not be prepared to transfer
power to any party which has not won it in elections. The elections will be held
on the basis of the Independence Constitution and all parties will be expected
to abide by it. All parties taking part in the elections will also be expected
to commit themselves to abide by the outcome. Such a commitment will be
essential if Zimbabwe is to come to independence in peace and with a prospect of
stability and prosperity for all its people.
5. The proposals put to the Conference by the Salisbury delegation and the
Patriotic Front showed that there was a wide divergence of views on how to
create the conditions in which fair elections can be held.
6. The Salisbury delegation maintained that they had been elected to govern
Rhodesia; that most of their members had nothing to do with the illegal
declaration of independence; that they had a mandate to govern Rhodesia, and
that they should do so during the interim period. Elections should be supervised
by the British Government, but they would continue to administer the country.
7. The Patriotic Front's position was set out in the paper on transitional
arrangements which they circulated early in the course of this Conference and
later amplified. Their proposals called for complex power-sharing arrangements
in the interim and re-structuring of the police and security forces in advance
of the election.
8. Against this background, the British Government has reached certain
conclusions. In the first place, the purpose of the pre- independence
arrangements
34
is to allow the parties to put their case to the people under fair
conditions. The pre- independence period should not be concerned with the
remodelling of the institutions of Government. This will be a matter for the
independence government elected by the people of Rhodesia. The essential
requirement is that all parties should be free to put their policies to the
people and should commit themselves to abide by the people's choice. The purpose
of the interim period should be peaceful competition for power.
9. Secondly, the British Government proposes that the administration of
Rhodesia during the election should be entrusted to the authority of the British
Government, while the leaders of all parties explain their case to the people.
10. Thirdly, the British Government has concluded that, against the
background of a war and the certain difficulties of a cease- fire, an interim
period must not be excessively protracted, but must allow all the political
parties adequate time to put their case to the people of Rhodesia. The longer
the interim period lasts before the people of Rhodesia are given the chance to
decide their political future for themselves, the greater will be the period of
political uncertainty and the greater the risk of a break-down of the
cease-fire. It is in the interests of the people of Zimbabwe that they should be
enabled to choose their future leaders as soon as is reasonably possible.
11. Finally, it is clear to the British Government that whatever
arrangements are proposed for the interim will be effective only if there is a
genuine commitment by both sides to make them work. It is in the interests of
all the parties to this Conference that there should be an end to the fighting
and free and fair elections. The British Government is prepared to ensure the
conditions under which those objectives can be achieved. But it can do so only
if both sides accept its authority and its determination to ensure the
impartiality of the election process.
The Machinery of Government
12. The British Government believes that it is only through a direct
British involvement that conditions for elections, acceptable to both sides, can
be created. To set in train the process which will enable free and fair
elections to be supervised under its authority, as was agreed at the
Commonwealth Heads of Government meeting at Lusaka, the British Government will
appoint a Governor for Rhodesia, who will be British. The Governor's
instructions will require him to do all things necessary to secure compliance
with the conditions for free and fair elections.
13. The Governor will be established under an Order in Council which will
confer on him executive and legislative authority. He will act according to the
instructions given to him, for the fulfilment of his tasks, by the British
Government.
The Governor will have powers to make laws by Ordinance for the peace,
order and good governance of the country. Legislative authority will not be
exercised by any other body. Executive authority will be vested in the Governor
and all public officers and authorities in Rhodesia, including the civil
service, the police and the defence forces, will be required to comply with the
Governor's directions. The Patriotic Front's forces will also be required to
comply with the directions of the Governor.
35
14. There will be a Deputy Governor who will be British. The Governor will
also have a Military Adviser, Police Adviser, Legal Adviser and Political
Adviser and such other supporting staff as the British Government may decide are
necessary to enable him to discharge his functions effectively, all of whom will
be British. In the day-to-day administration of the country, the Governor will,
however, work through the existing public service. The British Government see no
practical alternative to this. It will be for the Governor to ensure that his
authority is effectively and impartially exercised.
15. The Order in Council providing for the establishment of the office of
Governor will serve as the interim Constitution of Rhodesia. Provision will be
made to carry forward existing laws. It will be for the Parliament to be chosen
in free elections to decide which laws shall be continued and which shall be
changed. It will be the Governor's duty to ensure that powers conferred by
existing laws on public officers and authorities are not used in an arbitrary
manner, or in such a way as to affect the conditions for free and fair
elections. Allegations of improper activity by any public authority or any
political party or its representative in the election campaign may be brought to
the attention of the Governor or his Deputy, who will cause them to be dealt
with.
16. All persons detained arbitrarily and on political grounds by any party
will be released. The Governor will order a review of any such cases within his
jurisdiction. The British Government will require to be satisfied that similar
procedures will apply in the case of persons detained outside Rhodesia.
17. Once the Governor has arrived and his authority has been accepted in
Rhodesia, Rhodesia will have returned to lawful government as a part of Her
Majesty's dominions.
18. The Governor will proceed to Rhodesia as soon as possible after the
conclusion of the Constitutional Conference. He will assume responsibility for
the government of Rhodesia. All the political leaders will commit themselves to
the election campaign. Bishop Muzorewa and his colleagues will not exercise
ministerial functions during this period. The Governor will be responsible for
the administration of the country on a caretaker basis. Heads of Ministries will
report to him.
The Return of Citizens Living Outside Rhodesia
19. Many thousands of Rhodesian citizens are at present living outside the
country. Most of them wish to return and it will be desirable that as many as
possible should do so in order to vote in the election. The return of all
refugees will be a task requiring careful organisation. But a start should be
made in enabling the refugees to return to their homes as soon as possible; and
the British Government will be ready to assist with the process. The task of
effecting the return of all refugees will need to be completed by the
independence government in co-operation with the governments of the neighbouring
countries.
36
Law and Order
20. In the event of an effective cease-fire, the necessity for martial law
will disappear. The task of maintaining law and order in the pre-independence
period will be the responsibility of the civil police. The police will act under
the Governor's supervision, exercised through the Police Adviser and other
British police officers. Special arrangements will be made by the Governor in
consultation with the parties to ensure the protection of the political leaders
in this period.
Defence
21. The negotiation of a cease-fire will be the next task of the Conference
as soon as there is agreement on the arrangements for holding elections and on
the administration of the country in the interim period. Subject to this, the
role of the military forces of both sides in the interim period will be to
maintain the cease-fire. The commanders on both sides will be responsible to the
Governor for this. The British Government proposes to establish machinery on
which the military commanders on both sides will be represented, to ensure
compliance with the terms of the cease-fire. The success of the arrangements
proposed for the administration of Rhodesia in the period before independence
will require all parties to commit themselves to accept the Governor's
authority.
Legislative Procedures
22. The authority of the United Kingdom Parliament will be sought for the
appointment of the Governor, the making of the Independence Constitution and the
holding of elections under it. Legislation will be submitted to Parliament as a
matter of urgency so that the Governor may, without loss of time after his
arrival, take the steps necessary to allow elections to be held.
23. A Bill will subsequently be introduced to provide for Rhodesia to
become independent, following the holding of elections supervised by the British
Government and held under the British Government's authority, and the
establishment of a government of Zimbabwe on the basis of the Independence
Constitution.
The Elections
24. The administrative arrangements described in this paper will be
implemented in such a manner as to ensure that the elections will be held under
the following conditions:-
—the administration of the elections will be fair and impartial as between
all the political parties taking part;
—peaceful political activity will be
freely conducted by all the parties to the election;
—there will be freedom
of movement, assembly and expression during the election campaign;
—all
parties will conduct their political activities within the law;
—all the
parties will have free and uncensored access to the public media to put their
case to the people of Rhodesia, and there will be freedom to advertise and to
publish political views in the press;
37
—appropriate measures will be taken to ensure the security of all parties
taking part in the election campaign.
25. There will be an Election Council, chaired by the Election Commissioner
or his nominated depty, who will be British. The Election Commissioner will
invite each party taking part in the elections to be represented on the Council.
The Council will have a general consultative function. Its individual members
will be able to make representations to the Election Commissioner on any matter
concerning the elections. The Election Commissioner and his staff will ensure
that allegations of unfair practices are properly investigated and remedied.
26. Commonwealth Governments will be invited to send observers to the
elections. Their role will be to observe that the elections are genuinely free
and fair and that the British Government is carrying out its responsibility to
supervise them. No restrictions will be placed upon their movements, and every
effort will be made to facilitate their task.
27. All political parties which register for elections will be free to take
part in the elections. Any order banning or restricting a political party will
be revoked.
28. The election will be held on dates to be decided by the Governor as
soon as possible after he takes up office and his authority is accepted. Three
consecutive days will be set aside for polling to take place.
29. The British Government will take the legislative action necessary to
bring into force those parts of the Independence Constitution required for
elections to be held and for Parliament to be constituted in the terms of the
Independence Constitution. Relevant provisions of the Electoral Law currently
adopted in Rhodesia will be applied at the Governor's discretion.
30. The Governor will be responsible for all aspects of the conduct of the
elections. There will be an Election Commissioner with appropriate staff
appointed by the British Government who will be responsible for supervising the
elections to the full extent necessary to ensure that they are free and fair as
between the parties participating in them. He and his assistants will keep
themselves fully informed of all matters relating to the elections and will
enquire as necessary into any aspect of the conduct of the elections.
31. Elections for the Common Roll seats will be held on a party list basis.
The most practical procedure may be to divide the country into districts, each
of which could be allocated a number of seats in proportion to its population.
The election on the white roll will take place on the basis of existing
constituencies.
32. The Governor will fix a date not less than four and not more than six
weeks before the elections on which political parties wishing to contest the
elections should apply for registration, name each electoral district for which
they wish to be registered and provide a list of the candidates whom they wish
to nominate for each electoral district.
38
33. The qualifications for voters and for candidates for election as
Senators and members of the House of Assembly will be as provided in the
Independence Constitution, except that, in view of the special circumstances
prevailing at present, residence qualifications will not apply.
34. Registration of voters will not be required. But voters will be
required as necessary to produce evidence of identity and eligibility to vote.
Steps will be taken to prevent fraudulent and multiple voting.
35 The Election Commissioner will supervise the printing and distribution
of ballot papers.
36. There will be freedom to campaign, hold political meetings and carry
out canvassing. Appropriate measures will be taken by the Governor in
consultation with the parties to ensure the physical security of all political
leaders during the campaign.
37. Appropriate provision will be made for the conduct of the poll, the
counting of votes and the declaration of results. Every voter will be free to
cast his or her vote for the party of his or her choice.
38. Each party presenting candidates will be entitled to have one
representative at each polling station in the district concerned to observe the
polling. The Election Commissioner and his staff will make sample checks on
polling stations throughout the country.
39. It will be the responsibility of the Governor to ensure adequate
security at polling stations and the security of the ballot boxes.
40. The Governor, on the advice of the Election Commissioner will take
appropriate steps regarding disclosure of election expenses, the definition of
corrupt and illegal practices, and election petitions.
Conclusion
41. The British Government is confident that if these arrangements are
accepted by the parties, it will be possible for them to resolve their
differences by political means, thereby enabling the people of Zimbabwe to
decide for themselves their future government and enabling them and the people
of the neighbouring countries to live at peace. The British Government urges the
parties to take this opportunity to achieve these aims.
39
ANNEX E
RHODESIA: CEASE-FIRE AGREEMENT
The parties to this cease-fire agreement have agreed as follows:
1. With effect from 2400 hours on 21 December 1979, all movement by
personnel of the Patriotic Front armed forces into Rhodesia and all cross-border
military activity by the Rhodesian forces will cease. This agreement will take
effect on a basis of strict reciprocity. The British Government will request the
governments of countries bordering on Rhodesia to make arrangements to ensure
that externally based forces do not enter Rhodesia. Provision will be made to
permit the return of civilian personnel to Rhodesia in order to vote or engage
in other peaceful political activity. Border-crossing points will be
established, under the supervision of the monitoring force, for this purpose;
2. With effect from 2400 hours on 28 December 1979, all hostilities in
Rhodesia will cease. The Commanders will issue instructions to the forces under
their command to ensure that all contact between the respective forces is
avoided. A Cease- fire Commission will be established in Salisbury. The Chairman
of the Commission will be the Governor's Military Adviser. The Commission will
consist of equal numbers of the representatives of the Military Commanders of
both sides. The Commission will meet as required throughout the cease- fire. Its
functions will include:
(a) ensuring compliance with agreed arrangements for the security and
activities of the forces;
(b) the investigation of actual or threatened
breaches of the cease-fire; and
(c) such other tasks as may be assigned to it
by the Governor in the interests of maintaining the cease-fire.
The Commission will be independent of existing command structures and the
Governor may at his discretion communicate direct with the Commanders of the
Rhodesian forces and the Patriotic Front forces concerning the exercise of their
respective functions. Any member of the Commission may invite it to discuss any
questions which appears to him to be relevant to its functions.
3. The British Government will be responsible for the establishment of a
monitoring force under the command of the Governor's Military Adviser. This
force will assess and monitor impartially all stages of the inception and
maintenance of the cease- fire by the forces and assist the Cease-fire
Commission in its tasks. The Commanders of the Rhodesian forces and of the
Patriotic Front forces undertake to co-operate fully with the monitoring force
and to provide it with whatever facilities are necessary to assist it to
discharge its functions.
4. Elements of the monitoring force will be assigned:
(a) to maintain
contact with the command structures of the Rhodesian forces and Patriotic Front
forces throughout Rhodesia;
40
(b) to monitor and observe the maintenance of the cease-fire by the
respective forces; and
(c) to monitor agreed border-crossing points and the
use made of them in accordance with such arrangements as may be agreed in the
context of the cease- fire.
5. Members of the monitoring force will carry weapons for their personal
protection only and will be provided with vehicles and aircraft carrying a
distinctive marking. The force will be equipped with an independent radio
communications network.
6. The parties recognise that disengagement of the forces will be essential
to an effective cease-fire and the deployment of the monitoring force. At 2400
hours on 28 December 1979, the Rhodesian armed forces, under the directions of
the Governor, will therefore disengage to enable the Patriotic Front forces
inside Rhodesia to begin the process of assembly. Elements of the monitoring
force will be deployed to the command structure and bases of the Rhodesian
forces and to assembly places and rendezvous positions designated for the
Patriotic Front forces.
7. The Patriotic Front forces at present in Rhodesia will report with their
arms and equipment to rendezvous positions (RPs) and will proceed thereafter to
assembly places as indicated in the Appendix to this agreement. The process of
assembly will take place under the direction of the Commanders of the Patriotic
Front forces and under the auspices of the monitoring force.
8. Movement to assembly places will be completed by 2400 hours on 4 January
1980. The process of assembly will take place with the assistance of the
monitoring force. Arrangements will be made for the accommodation, security and
other agreed requirements of the Patriotic Front forces.
9. The Rhodesian armed forces will comply with the directions of the
Governor. There will be reciprocal disengagement by the Rhodesian forces, in
relation to the successful accomplishment of the assembly process by the
Patriotic Front forces.
10. With effect from cease-fire day, all forces will comply with the
cease-fire and with the directions of the Governor. Any forces which fail to
comply with the cease-fire or with the directions of the Governor will be deemed
to be acting unlawfully.
11. The primary responsibility for dealing with breaches of the cease-fire
will rest with the Commanders of the forces through the mechanism of the
Cease-fire Commission and with the assistance of liaison officers of the
monitoring force. The Commanders will ensure, with the assistance of the
monitoring force, that breaches of the cease- fire are contained and dealt with.
In the event of more general or sustained breaches of the cease-fire the
Governor will decide what action to take to deal with them with the forces which
have accepted his authority.
41
12. The parties undertake to issue clear and precise instructions to all
units and personnel under their command to comply scrupulously with the
arrangements for bringing the cease-fire into effect. They will make
announcements, immediately following the conclusion of this agreement, which
will be broadcast regularly through all appropriate channels to assist in
ensuring that instructions to maintain the cease-fire reach all the forces under
their command and are understood by the public in general.
13. The parties to this agreement renounce the use of force for political
objectives. They undertake to accept the outcome of the elections, to comply
with the directions of the Governor and to resolve peacefully any questions
relating to the future composition of the armed forces and the training and
resettlement of military and civilian personnel.
Signed at Lancaster House, London
this twenty-first day
of December 1979
ATTACHMENT TO CEASE-FIRE AGREEMENT
RHODESIA:
CEASE-FIRE NEGOTIATIONS STATEMENT
BY THE CHAIRMAN ON 11 DECEMBER
1979
1. The substance of the British Government's proposals for a ceasefire has
been set out in the Ceasefire Agreement circulated to the Conference. This is in
accordance with the ceasefire proposals which have already been agreed. It
remains to reach conclusions on matters of practical detail, so that the
cease-fire can be implemented.
2. It has been agreed that the purpose of the ceasefire is to bring an
immediate end to hostilities and to establish peaceful conditions which will
allow elections to take place, the people of Rhodesia to choose their future
government and Zimbabwe to become independent on the terms which have been
agreed at this Conference. The British Government has accepted direct
responsibility for the administration of Rhodesia during the pre-independence
period, through the appointment of a Governor with executive and legislative
powers. It will be the Governor's duty to administer the country so that free
and fair elections can be held under his authority. It is essential therefore
that the British Government should state the arrangements which it is prepared
to make in connection with a ceasefire, as in connection with all the other
matters concerning the pre- independence period on which it has made its
position clear and on which all parties to the Conference are now agreed. Both
sides have agreed to resolve their political differences through elections held
under British authority on the basis of a democratic constitution which all have
accepted. In these circumstances there can be no justification for any party to
continue the war.
3. In further refining our ceasefire proposals I would like to make it
clear from the outset that there can be no question of surrender by either side.
All the forces which comply with the agreement, which accept the Governor's
authority and comply with his directions will retain their arms and equipment,
will be treated honourably, and will be lawful. Neither side will threaten the
security of the other. A fully effective ceasefire, respected by all the forces,
will foster an atmosphere of confidence in which the future Government will be
able to resolve post-war military problems and decide the future of all the
forces at its disposal.
4. It is impossible for any external authority or force to guarantee that a
ceasefire will be effective. Only the parties themselves can ensure this. The
purpose of the British Government's proposals is to help the forces to initiate
and maintain a ceasefire through arrangements by which they can be separated
from their present inter-locked positions; infringements can be avoided so far
as possible and contained where they have taken place; and there can be
effective monitoring of each side's conduct. The task of a monitoring force is
not and cannot be to compel either side to maintain a ceasefire, or in any sense
to guard the forces of one side or the other. Its task is to observe and report
on the manner in which the forces maintain the ceasefire agreement and thus
46
give them an assurance that it will not be possible for any force to
conduct activities in breach of the ceasefire in disregard of the Governor's
instructions.
5. A conflict is at present taking place in which the armed forces of both
sides are inter- locked over a wide area of the country. A substantial
proportion of the armed forces of one side is also located in positions outside
the country. It is necessary to establish the peaceful conditions for elections
through an effective ceasefire and the separation of the forces. It follows that
steps must be taken which will ensure as far as possible that during the
pre-independence period:
(a) There is a cessation of cross-border military activity by both
sides;
(b) the forces inside the country cease hostilities and are
separated;
(c) all forces which are prepared to cease fire and to accept the
Governor's authority are identified and comply with his directions; and
(d)
forces which do not accept the Governor's authority are unlawful.
6. The first step to be taken to secure these objectives is for the
commanders of the forces on both sides in the conflict simultaneously and
reciprocally to instruct their forces to desist from all cross-border movement
and operations. Compliance with such instructions can be verified and the
British Government has already called on the parties to the Conference to reach
an agreement on this question without delay.
7. It is crucial to the achievement of a ceasefire within Rhodesia that the
Commanders of the forces at present in the country should accept the authority
of the Governor and be responsible to him for the maintenance of the ceasefire
by all the forces under their command. It is only in this way that the leaders
of the political parties and the people as a whole can be assured that the
opposing forces have been brought under lawful authority.
8. In the circumstances prevailing in Rhodesia it will not be sufficient
for the Governor to instruct the forces which have accepted his authority simply
to cease firing and remain in their present positions. A ceasefire in these
circumstances would have no chance of being preserved and a monitoring force
could not be deployed. Nor would any machinery exist through which disputes
could be resolved. The British Government's proposals are designed to create the
condition for an effective ceasefire by the establishment of such machinery and
the disengagement of the forces.
The Ceasefire Commission
9. The British Government has proposed the establishment of a Ceasefire
Commission on which the commanders of the Rhodesian forces and of the Patriotic
Front forces will be represented and which will meet under the chairmanship of
the Governor's Military Adviser. The Commission will meet as often as necessary
throughout the ceasefire. It will be established on ceasefire day and will
remain in operation until independence day. It will provide a forum in which
each side can seek assurance that the ceasefire agreement is being complied
with. It will be able to call for reports on breaches of the ceasefire and
discuss measures to contain them and to prevent their recurrence.
47
Any member of the Commission will be able to raise any question which he
believes to be relevant to the maintenance of the ceasefire. The Commission will
not give directions to the forces on either side - that will be a matter for the
Governor - but will be free to make recommendations to the Governor.
The Monitoring Force
10. The Ceasefire Commission will be assisted by a substantial monitoring
force, under the command of the Governor's Military Adviser. The monitoring
force will be under United Kingdom auspices, with the participation of
contingents from Australia, New Zealand, Kenya and Fiji. I would like to pay
tribute to the Governments concerned for their contribution to the process of
bringing a settlement into effect. The force is on stand-by and can be deployed
to Rhodesia within the next few days.
11. The force will number some 1,200 men. It will be equipped with its own
vehicles, helicopters and C130 aircraft. It will have an independent and secure
radio communications network. Members of the force will carry personal weapons
for their own self-defence. Their uniforms, vehicles and aircraft will carry
distinctive insignia which will make them easily recognisable by the forces and
by the general public.
12. When fully deployed, the monotoring force will be in contact with the
command structures of the Patriotic Front forces and the Rhodesian forces
throughout the country. It will monitor and observe the maintenance of the
ceasefire by all the forces. It will also monitor border crossing points and the
use made of them in accordance with the ceasefire agreement.
13. Senior officers of the monitoring force will be attached to each of the
Joint Operations Commands (JOCs) of the Rhodesian forces. Each of these officers
will command a series of monitoring teams which will be attached to the sub-JOCs
and company bases of the Rhodesian forces within each JOC's operational area.
14. This organisation will be parallelled in relation to the Patriotic
Front forces. A senior officer will be located with a representative of the
Patriotic Front forces responsible for each group of assembly places allocated
to the Patriotic Front. Under each such officer's command there will be a series
of monitoring teams attached to the forces of the Patriotic Front in their
places of assembly.
15. We have next had to consider the arrangements under which the forces
will disengage and the monitoring force will be deployed. We cannot arrange for
the simultaneous deployment of monitoring teams to both sides, because the
Patriotic Front forces are diffused and will not, at the outset of the process,
be identified to the monitoring force. The Rhodesian forces will make the first
move by (a) accepting the Governor's authority and agreeing to comply with his
directions; (b) the monitoring teams allocated to the Rhodesian forces will then
be deployed through their command structure down to company base level; (c) on
ceasefire day the Rhodesian forces will disengage from the Patriotic Front
forces by moving into the close vicinity of bases to permit the Patriotic Front
to assemble their forces.
48
16. It will then be for the Patriotic Front to assemble their forces via
rendezvous points to assembly places at which they can be monitored. The process
of assembly will be continuous. For this purpose, it will be necessary for the
Patriotic Front, under the auspices of the monitoring force, to send
representatives to each of the rendezvous points. The Patriotic Front forces
will make their way with their arms and equipment to the rendezvous points,
where they will be under the authority of their own Commanders. From there they
will move to their assembly places in transport which will be provided for them,
with their arms and equipment and under their own command. This movement will
take place under the auspices of the monitoring force, who will be in direct
communication with the teams attached to the Rhodesian forces so that each side
can be informed of the other's movements and there can be no misunderstanding of
each other's intentions.
17. Monitoring teams will also be established from the outset at the
assembly places themselves and will meet the Patriotic Front forces as they
arrive. In their assembly places the Patriotic Front forces will retain their
arms and equipment and will remain under their own commanders. They will be
responsible for the organisation and discipline of their forces.
18. The Patriotic Front delegation have expressed concern about the ability
of their commanders to transmit ceasefire orders to their men in the field. But
the British Government stands ready, in conjunction with the monitoring force,
to arrange whatever facilities the Patriotic Front commanders require to ensure
that their orders reach their men in the field. We are prepared to help with
this in terms of broadcasting and other radio facilities, transport, etc.
19. By the time the assembly process is complete we shall have reached a
point at which the forces which have accepted the Governor's authority are known
and identified; the opposing forces have been separated from each other; and
monitoring teams are located with the forces of both sides so that their
maintenance of the ceasefire can be observed. If any force does not comply with
the ceasefire agreement and with the Governor's directions it will be acting
unlawfully. The commanders on both sides will be answerable to the Governor for
the maintenance of the ceasefire by their respective forces. If there are
breaches of the ceasefire, it will be for the Commanders to deal with these,
through the machinery of the Ceasefire Commission and with the assistance of the
monitoring force. If there are repeated and sustained breaches of the ceasefire,
the Governor will have to decide what action to take to deal with these with the
forces which have accepted his authority.
20. Our proposals are designed to bring about reciprocal disengagement. The
Rhodesian forces will be monitored to the level of their sub- JOCs and company
bases from the first day of the ceasefire. These arrangements will apply to the
Patriotic Front once they have identified and assembled their forces at places
from which they too can be monitored and be in contact with the Ceasefire
Commission. It is in their interests that they should do so to enable the
arrangements for their security, accommodation and other agreed requirements to
be adequately provided for.
49
21. The assembly places allocated to the Patriotic Front have been chosen
in relation to their operational areas and to the requirement that they must not
be in close proximity to Rhodesian bases. They must contain certain
indispensable facilities, including road access and an airstrip for the
re-supply of the Patriotic Front Forces and the monitoring teams. We have made a
selection of assembly places which meet these criteria, particularly the
question of the security of the Patriotic Front forces, about which the
Patriotic Front delegation have expressed concern. I would like to make it quite
clear that the British Government cannot accept that Patriotic Front forces
which assemble under the auspices of the monitoring force and which accept the
Governor's authority and comply with his directions will be in any danger of
attack from other forces. There could, in these circumstances, be no danger to
their security. I am conscious of the concern expressed by the Patriotic Front
that their assembly places should not be in close proximity to Rhodesian bases
and that they should not be "encircled". There has never been any question of
the Patriotic Front forces being encircled. They will be under the authority of
their own commanders; and other forces will not be in close proximity to them.
22. Our intention is to circulate to the Conference later today maps
prepared by our military experts which will show where the monitoring force will
be located in relation to the forces both during the process of assembly and
after it has been completed. In doing this, we have taken account of the
information which the delegations have given us about their force levels. The
Salisbury delegation have declared to us their force levels. These will be
rendered public as soon as the Patriotic Front have put forward their own force
levels. The Rhodesian force levels include all the forces mentioned by the
Patriotic Front leaders, including the guard force and auxiliaries. These force
levels correspond to our own independent estimates, and we believe them to be
realistic.
23. In the absence of any information from the Patriotic Front about their
force levels inside Rhodesia, we have been obliged to proceed on the basis of
our own independent estimates of those force levels. These estimates reveal an
important disparity in numbers between the size of the Rhodesian forces and of
the Patriotic Front forces. The arrangements we are proposing for disengagement
have to take account of this disparity in numbers as well as of other factors,
including the need to make use of logistic and other facilities. We have
therefore proposed that the Patriotic Front forces should report to rendezvous
points which are spread throughout the country and which are in close proximity
to all their forces; and that they should then assemble in places which are
situated in their operational areas; which are not in close proximity to
Rhodesian bases and which are in locations which take account of the need to
enable the Patriotic Front personnel assembled in them to feel secure. We have
similarly proposed that the Rhodesian forces should be monitored down to the
level of their company bases.
24. I cannot stress too strongly the importance of our having accurate
knowledge of the respective force levels. Both the other delegations at this
Conference have expressed concern that the other side may have forces inside
Rhodesia or may bring forces into Rhodesia which will not be monitored and
50
will not comply with the ceasefire. We have proposed comprehensive
arrangements for the monitoring of the Rhodesian forces from ceasefire day. It
will not be possible to make similar arrangements for the Patriotic Front forces
unless and until they assemble their forces and give us firm assurances that
they will not move forces outside the country into Rhodesia.
25. The Patriotic Front delegation have asked on several occasions in this
Conference about the dispositions of the Rhodesian forces. The maps which we
shall be circulating this afternoon will show that, given the balance of the
forces at present inside the country, the monitoring force will be deployed to
the forces on both sides in proportions which are related to their respective
strengths. The Rhodesian forces will, as I have already said, have dis-engaged
to the close vicinity of their bases to allow the Patriotic Front forces to
assemble. What happens in the next phase will depend crucially on what happens
in the assembly phase. If Patriotic Front forces remain in the field or continue
to be introduced from outside the country, those forces will be unlawful. If,
however, all Patriotic Front forces inside Rhodesia assemble with their arms and
there is no further movement by externally-based Patriotic Front forces into
Rhodesia, there would be no need in those circumstances for the Governor to ask
the Rhodesian forces to deploy from their company bases.
26. Finally, I am conscious of the concern on both sides about the
situation which might arise after the elections. I have made it clear that if
this is the general wish the monitoring force would stay in Rhodesia until the
independence government is formed and independence is granted; and would try to
help in overcoming any problems which might arise in this period. It will be for
the independence government to request whatever assistance it requires in the
future training or re-settlement of the forces.
27. Once our maps have been distributed to the delegations this afternoon,
we shall have given the Conference the fullest possible exposition of our plans.
This is therefore the full presentation of the British Government's ceasefire
proposals. The monitoring force is standing by and is ready to go to Rhodesia in
the next few days. I have no doubt that, on this basis, it will be possible to
bring a ceasefire into effect and to begin the assembly process within the next
few days. I hope that when you have studied these papers, this document and the
maps, you will be able to give us your earliest possible response.
51
ATTACHMENT TO CEASE-FIRE AGREEMENT
RHODESIA:
CEASE-FIRE ARRANGEMENTS
1. The British Government puts forward the following amplified proposals
for the establishment and maintenance of a comprehensive monitored cease-fire
agreement.
Basis of the Cease-fire
2. The purpose of the cease-fire is to bring an immediate end to
hostilities and to establish peaceful conditions which will allow elections to
take place, the people of Zimbabwe to choose their future government and
Zimbabwe to become independent on the terms which have been agreed at this
Conference. Given a commitment by all the parties to abide by the results of the
elections, it will also provide a basis on which post-war military problems can
be resolved by agreement and a lasting peace can be established.
Responsibility for the Cease-fire
3. The Commanders of the forces involved will be directly responsible to
the Governor for the maintenance of the cease-fire by all the forces under their
command.
4. The Governor will be assisted by a British Military Adviser of the rank
of Major-General. The Rhodesian security forces and the Patriotic Front will
nominate equal numbers of military representatives to a Cease-fire Commission
which will be established in Salisbury from the beginning of the cease-fire. The
Chairman of the Commission will be the Governor's Military Adviser. The
Commission will meet as required throughout the cease-fire. Its functions will
include:
(a) ensuring compliance with agreed arrangements for the security
and activities of the forces;
(b) the investigation of actual or threatened
breaches of the cease-fire; and
(c) such other tasks as may be assigned to it
by the Governor in the interests of maintaining the cease-fire.
The Commission will be independent of existing command structures and the
Governor may at his discretion communicate with any commander concerning the
exercise of their functions. Any member of the Commission may invite it to
discuss any question which appears to him to be relevant to its functions.
Monitoring the Cease-fire
5. The British Government will be responsible for the establishment of a
monitoring force which will assess and monitor impartially all stages of the
inception and maintenance of the cease-fire by the forces and assist the
Ceasefire Commission in its tasks. The organisations will operate under the
authority of the Governor and the command of his Military Adviser. The
Commanders of the Rhodesian security forces and of the Patriotic Front forces
will be required to undertake to co- operate fully with the monitoring force and
to
52
provide it with whatever facilities are necessary to assist it to discharge
its functions.
6. Elements of the monitoring force will be assigned:
(a) to maintain
contact with the Rhodesian security forces and Patriotic Front forces command
structures throughout Rhodesia;
(b) to monitor and observe the maintenance of
the cease-fire by the respective forces; and
(c) to monitor agreed
border-crossing points and the use made of them in accordance with such
arrangements as may be agreed in the context of the cease- fire.
7. For this purpose liaison and monitoring teams will be established as
follows:
(a) five liaison teams, each led by a senior officer (ie of the rank
of Lieutenant-Colonel) will be assigned to maintain contact with each of the
security forces Joint Operations Commands (JOCs);
(b) a number of teams of
equivalent rank will be assigned to maintain contact with the Patriotic Front
forces command structure;
(c) fifteen teams, each led by a junior officer (ie
Captain or Lieutenant) will be located with the security forces at sub-JOC
level;
(d) a number of teams led by a Lieutenant or Senior NCO will be
located at security forces company base level;
(e) up to fifteen teams, each
led by an officer, will be located at places designated for assembly of
Patriotic Front forces;
(f) up to twelve teams, each led by an officer, will
be located at border crossing points; and
(g) two teams, each commanded by an
officer of the rank of Flight Lieutenant or Squadron Leader, will be located at
military airfields.
8. The force will be organised under British auspices; and the majority of
its personnel will be British. The Australian, New Zealand, Kenyan and Fijian
governments have agreed to participate in the monitoring force. Members of the
force will carry weapons for their personal protection only and will be provided
with vehicles and helicopters carrying a distinctive marking. The force will be
equipped with an independent radio communications network.
Dispositions of the Forces
9. Disengagement of the forces will be essential to an effective cease-fire
and the deployment of the monitoring force. The activities of the security
forces and their maintenance of the cease-fire will be monitored from their
existing bases. In the case of the Patriotic Front forces at present inside
Rhodesia, it will be essential that they should assemble at pre-determined
places so that their maintenance of the cease-fire can be similarly monitored
and arrangements can be made for their security, accommodation and other agreed
requirements.
10. Up to fifteen such places will be designated for this purpose. In
addition, a larger number of intermediate collection points will be designated
to which
53
Patriotic Front personnel will report with their arms and equipment during
the initial phase of the cease-fire and from which they will make their way by
agreed safe-routes to their assembly places. A Patriotic Front representative
and a monitoring team will be present at each intermediate collection point
during this phase. The police and defence forces will not be involved in the
assembly process and will not be present at the collection points. Patriotic
Front personnel will be guaranteed safe passage from the collection points to
their assembly places.
Cross-Border Activity
11. A major objective of the cease-fire arrangements must be to secure a
cessation of all movement by the security forces into neighbouring countries and
by the Patriotic Front forces into Rhodesia. The Governor will be responsible
for ensuring compliance with this requirement by the forces inside Rhodesia. The
governments of Zambia, Botswana and Mozambique will be invited to agree on
effective cross-border liaison arrangements to ensure compliance with this
requirement for forces based outside Rhodesia and to prevent cross-border
movements by such forces. This will involve the establishment of liaison
officers outside Rhodesia. At the same time, provision must be made to permit
the return of civilian personnel to Rhodesia during the cease- fire in order to
vote or engage in other peaceful political activity. Up to twelve border
crossing points will be established, under the supervision of the monitoring
force, for this purpose.
The Time Scale
12. A fully effective cease-fire cannot come into operation immediately.
Time will be required for the transmission of orders to subordinate commanders
in the field and for the implementation of the agreed arrangements for the
separation of the opposing forces. But it is essential that the cease-fire
should be brought into operation quickly if it is to be effective. It is
therefore proposed that as soon as agreement has been reached on the cease-
fire:-
(a) All parties should issue instructions forthwith for its implementation
on a given date. All cross-border military activity will cease. Elements of the
monitoring force will be despatched to Rhodesia;
(b) On cease-fire day the
Cease-fire Commission will be established. The monitoring force will deploy to
the collection points and assembly places for the Patriotic Front forces. All
hostilities within Rhodesia will cease. The process of assembly of the forces
will begin immediately and should take not more than seven days. The completion
of the deployment of the monitoring force will have taken place by then.
13. During the cease-fire the responsibility for the maintenance of law and
order will rest with the police, acting under the Governor's authority and
supervision. All forces which have assembled and accepted the Governor's
authority and continue to comply with his directions will be acting lawfully.
Any forces which fail to assemble, and fail to accept the Governor's authority
and abide by the cease- fire agreement, will be acting unlawfully. The primary
responsibility for dealing with breaches of the cease-fire will rest with the
54
Commanders on both sides, through the mechanism of the Cease-fire
Commission and with the assistance of the liaison teams operating with the
forces at area level. It will be for the Commanders to ensure, with the
assistance of the monitoring force, that breaches of the cease-fire are
contained and dealt with. In the event of more general or sustained breaches of
the cease-fire, the Governor will have to decide what action to take to deal
with them with the forces which have accepted his authority.
Instructions to Military Personnel
14. The leaders on each side will ensure that clear and precise
instructions are issued to all units and personnel under their command to comply
scrupulously with the agreed arrangements for bringing the cease-fire into
effect. The leaders of the delegations at the Conference will make
announcements, immediately following the conclusion of the cease-fire agreement,
which will be broadcast regularly through all appropriate channels to assist in
ensuring that instructions to maintain the cease-fire reach all the forces under
their command and are understood by the public in general.
The Longer Term
15. An effective cease-fire during the pre- independence period, a peaceful
election campaign and an election the result of which is accepted and respected
by all parties will bring about a permanent end to the war. Many of those at
present under arms will wish to return to civilian life. Others will wish to
continue to pursue a military career. Decisions on post- war military planning
will be a matter for the government which will be constituted following the
elections and under which Zimbabwe will become independent. The British
Government will be ready to assist with the re-training and resettlement of
those elements of the forces which wish to pursue a civil career.
22 November 1979.
55
ATTACHMENT TO CEASE-FIRE AGREEMENT
RHODESIA: CEASE-FIRE
NEGOTIATIONS
STATEMENT BY THE CHAIRMAN ON 15 DECEMBER 1979
1. I would like to open this session by reminding delegations of the
achievements of this Conference; and achievements there have been. Agreement has
been reached on an Independence Constitution providing for genuine majority rule
and thereby removing the fundamental cause of the war. That was what it was
about. Bishop Muzorewa and his colleagues agreed to hand over authority to a
British Governor who is now in Salisbury. The Governor's task is to organise
elections in which all parties can participate freely. Agreement has also been
reached on our cease- fire proposals. We have now set out their detailed
implementation.
2. In order to meet various concerns expressed by the Patriotic Front and
to explain our basic proposals, I made a statement on 28 November which was
designed to help the Patriotic Front to agree to the cease-fire proposals; and I
am very glad that this helped them to do so. In order to meet further concerns
expressed by the Patriotic Front and to explain fully our detailed proposals I
made a full statement on 11 December and circulated maps to the other
delegations to the Conference. My statement of 11 December is incorporated in
the final Conference documents.
3. The Patriotic Front have expressed concern about the number of assembly
places allocated to them in relation to the size of their forces. Equally
strongly felt anxieties have been expressed by the Salisbury delegation as to
whether there will be an effective assembly and a cessation of cross-border
movement. I can assure the Patriotic Front, however, that if the Patriotic Front
forces at present in Rhodesia assemble with their arms and equipment in numbers
greater than can be dealt with at the assembly places designated in the cease-
fire agreement, the Governor will assess the need for additional sites in
relation to the successful accomplishment of the assembly process by the
Patriotic Front forces and in relation to the dispositions of their forces.
4. This Conference has now been in session for fourteen weeks. All the
issues have been exhaustively discussed. With agreement on the Independence
Constitution, a return to legality and free elections in which all parties can
participate there can be no reason for anyone to continue the war. The whole
purpose of our proposals is to offer everyone an alternative to continuing the
war. We cannot oblige any party to accept that alternative; but we do not
believe that others will readily understand a decision by any party to continue
the war against a lawful authority established to enable elections to be held in
which all parties can participate. It will be a matter of very grave
disappointment to everybody if it is not possible to reach overall agreement at
the Conference after all we have achieved.
5. I hope that both delegations will be able to agree to the documents we
circulated to the Conference on 13 December and to agree to initial them.
56
Signature could then follow very quickly indeed. A cease-fire will then
come into effect bringing peace to the people of Rhodesia and the neighbouring
countries.
6. I cannot emphasise too strongly that it is my profound conviction that
to deny the people of Rhodesia this opportunity to resolve their problems by
peaceful means would be unforgivable. Immense benefits would flow from the
signature of these agreements for them and for the people of the other countries
who have suffered so much from the war. In other words a peaceful settlement is
now, after 14 weeks, today within your grasp.
7. I cannot oblige anyone to take the decisions necessary to enable such a
settlement to be put into effect. But I hope that everyone will reflect very
seriously on the consequences and the responsibility for a failure to agree to a
cease-fire, the essential purpose of which is to enable all the parties to
campaign freely throughout the country in elections held under our authority. I
ask therefore whether the other delegations are prepared to initial the
documents.
57
Printed in England for Her Majesty's Stationery
Office by Burrup, Mathieson & Co., Ltd.
S661980/MP Dd. 593426 K40
1/80