V. Zimbabwe’s Security Sector Legal Framework Zimbabwe’s Global Political Agreement (GPA), the Lancaster House Constitution of 1979, the new constitution, and a number of laws prescribe the conduct of security forces, explicitly prohibiting partisan conduct. The army and police have regulations and disciplinary measures, indicated below, on dealing with members of the security forces that violate regulations on partisan political conduct. The parties to the GPA, ZANU-PF and the two MDC factions, agreed that state organs (including the security sector) and institutions should not belong to any political party and should be impartial and non-partisan in the discharge of their duties. Article 13 of the GPA seeks to ensure that all state organs and institutions perform their duties ethically and professionally in conformity with the principles and requirements of a multi-party democratic system in which all parties are treated equally. The article provides that: (a) There be inclusion in the training curriculum of members of the uniformed forces subjects on human rights, international humanitarian law and statute law so that there is greater understanding and full appreciation of their roles and duties in a multi-party democratic system; (b) All state organs and institutions strictly observe the principles of the rule of law and remain non-partisan and impartial; (c) Laws and regulations governing state organs and institutions are strictly adhered to and those violating them be penalized without fear of favor; and (d) Recruitment policies and practices be conducted in a manner that ensures that no political or other form of favoritism is practiced.17 The new constitution approved in the March 16 referendum and signed into law on May 22, provides that no member of the security services may, in the exercise of their functions, act in a partisan manner or further the interests of any political party or cause.18 In March 2009, the unity government set up the National Security Council (NSC) comprising top government officials from all three political parties in government and all heads of 17 Global Political Agreement (GPA), signed September 15, 2008, art. 13. 18 New Zimbabwe Constitution (approved in the March 16, 2013 referendum and signed into law on May 22), sec. 208. THE ELEPHANT IN THE ROOM 12

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