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Cablegate: Unsc Draft Press Statement and Resolution On

VZCZCXYZ0011
OO RUEHWEB

DE RUEHC #9672 1792251
ZNR UUUUU ZZH
O P 272252Z JUN 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHSB/AMEMBASSY HARARE PRIORITY 0000
RUEHLO/AMEMBASSY LONDON PRIORITY 0000

UNCLAS STATE 069672

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL UNSC XA ZI
SUBJECT: UNSC DRAFT PRESS STATEMENT AND RESOLUTION ON
ZIMBABWE

1. This is an action request. USUN is instructed to
share with the British and other missions as appropriate
the draft elements of a Chapter VII sanctions resolution
on Zimbabwe as outlined in paragraph 3 below. Adoption
should be sought as soon as possible. USUN should report
back results of its conversations immediately. USUN
should also propose a UN Security Council (UNSC) press
statement for June 27 that reacts to the current situation
on the ground in Zimbabwe if and only if the press
statement does not interfere or delay the adoption of the
resolution. USUN may draw on the draft elements for such a
statement in para 2. END ACTION REQUEST AND SUMMARY.

2. Draft elements for a press statement on Zimbabwe:

--Condemn the Zimbabwe's government decision to hold the
June 27 elections given the campaign of violence and
intimidation against the political opposition preceding
the vote that made a free and fair election impossible, as
noted in the Council's Presidential Statement of June 23.

-- Express deep concern at the gross irregularities during
the June 27 run-off Presidential election; the violence
and intimidation perpetrated in the run up to the election
that made the holding of free and fair elections
impossible; and, the environment created by the Government
of Zimbabwe that did not permit international election
observers to operate freely before and during the June 27
vote.

-- Express strong concern over the grave humanitarian
situation in Zimbabwe which has been exacerbated by the
Government of Zimbabwe's misuse of food aid as a political
tool and suspension of humanitarian relief programs
conducted by international and non-governmental
organizations.

-- Condemn this suspension, which has deprived the
Zimbabwean people, in particular vulnerable people
including those displaced by violence, children and
orphans, of basic humanitarian assistance,

-- Further condemn the continued killing, beating and
torture of civilians, sexual violence, and the
displacement of thousands of Zimbabweans who have been
driven from their homes.

-- Call on those perpetrating these actions to be held
accountable.

-- Condemn the baseless arrests, restrictions on the right
of assembly, seizure of vehicles, threats, intimidation
and violence directed against supporters of the opposition
political party and the repeated detention of its leaders.

--Reject the election results as illegitimate and call for
an immediate dialogue between the Government and opposition
parties on a solution that
reflects the will of the Zimbabwean people as expressed in
the results of the March 29 first round.

--Expresses support for the SYG to actively engage with
other regional organizations in support of a negotiated
solution that reflects the will of the Zimbabwean people
as expressed in the results of the March 29 first round.


3. Draft elements for a Chapter VII sanctions resolution:

The Security Council,

Recalling the statement of its President of 23 June 2008
concerning the situation in Zimbabwe,

Affirming its commitment to the independence and
territorial integrity of Zimbabwe,

Expressing deep concern at the gross irregularities during
the June 27 run-off Presidential election, the violence
and intimidation perpetrated in the run up to the election
that made impossible the holding of free and fair
elections, and the creation of an environment that did not
permit international election observers to operate freely
before and during the June 27 vote,

Expressing strong concern over the grave humanitarian
situation in Zimbabwe which has been exacerbated by the
Government of Zimbabwe's misuse of food aid as a political
tool and its suspension of humanitarian relief programs,
in particular the suspension of medical assistance to
HIV/AIDS patients, conducted by international and
non-governmental organization,

Expressing strong concern over the impact of this
suspension which is depriving the Zimbabwean people, in
particular those displaced by violence, of basic
humanitarian assistance,

Condemning the continued killing, beating and torture of
civilians, sexual violence, and the displacement of
thousands of Zimbabweans, many of whom have been driven to
take refuge in neighboring countries,

Further condemning the baseless arrests, restrictions on
the right of assembly, seizure of vehicles, threats,
intimidation and violence directed against supporters of
the opposition political party, as well as the detention
of its leaders,

Taking note of the statements and expressions of concern
by African regional organizations and current and former
Heads of State about the impact of the situation in
Zimbabwe on the stability of the wider region, and
expressing its own grave concern over that impact, calling
on the Government of Zimbabwe to postpone the election,
and deeming the results of a June 27 to be illegitimate
under current conditions,

Recognizing that the destabilizing impact of the situation
in Zimbabwe on the wider region is reflected in the burden
placed on States in the region by the presence of
Zimbabwean economic migrants and refugees,

Recalling its resolution 1809 (2008) on Peace and Security
in Africa, and reaffirming its support for Southern
African Development Community and African Union efforts to
resolve the crisis in Zimbabwe, and calling on the
Government of Zimbabwe to cooperate with these efforts,

Reaffirming its support for the Secretary General's good
offices, led by Assistant Secretary General Haile
Menkerios, and expressing strong support for the
continuing efforts of the Secretary General and his
representatives,

Determining that the situation in Zimbabwe poses a threat
to international peace and security in the region,

Acting under Chapter VII of the Charter of the United
Nations,

1. Condemns the Government of Zimbabwe's decision
to go forward with the June 27 elections given the
campaign of violence against the political opposition,
which has resulted in scores of deaths, thousands of
injuries, and has displaced thousands of civilians;

2. Recognizes that the current electoral conditions
made it impossible for a free and fair election to occur,
refuses to recognize the outcome of the 27 June 2008
election and demands that the Government of Zimbabwe:

(a) Immediately cease attacks against and intimidation of
opposition members and supporters, including those by
non-government agents affiliated with the ZANU-PF party,
and in particular end the abuse of human rights, including
widespread beatings, torture, killings, sexual violence,
displacement, and release all political prisoners;

(b) Begin without delay a substantive political dialogue
between the parties with the aim of arriving at a peaceful
solution that reflects the will of the Zimbabwean people
as expressed in the March 29 elections;

(c) Accept the good offices offered by the African Union,
the Southern African Development Community, and the
Secretary General, giving such representatives full access
to the country, security, and all requested authority over
negotiation processes;

(d) Accept responsibility to cooperate fully with
non-partisan investigations of the political violence
experienced by the country between March and June, 2008;

(e) End immediately all restrictions on international
humanitarian assistance and support international aid
organizations' access to all parts of the country for
distribution of food, medical assistance, and other
humanitarian aid;

3. Decides that all Member States shall take the
necessary measures to prevent the direct or indirect
supply, sale or transfer to Zimbabwe, through their
territories or by their nationals, or using their flag
vessels or aircraft, and whether or not originating in
their territories, of arms or related material of all
types, including weapons and ammunition, military vehicles
and equipment, paramilitary equipment, and spare parts for
the aforementioned;

4. Decides further that all Member States shall also take
the necessary measures to prevent any provision to
Zimbabwe by their nationals or from their territories of
technical assistance or training, financial assistance,
investment, brokering or other services, and the transfer
of financial resources or services, related to the supply,
sale, transfer, manufacture or use of the items specified
in paragraph 3 above;

5. Decides that the measures imposed by paragraphs 3 and
4 above shall not apply to:

(a) Supplies of non-lethal military equipment intended
solely for humanitarian or protective use, and related
technical assistance or training as approved in advance by
the Committee established in paragraph 9 below ("the
Committee"); and

(b) Supplies of protective clothing, including flak
jackets and military helmets, for the personal use of
United Nations personnel, representatives of the media and
humanitarian and development workers and associated
personnel;

6. Decides that all States shall take the following
measures with respect to individuals and entities
designated by the Committee as having engaged in or
provided support for actions or policies to undermine
democratic processes or institutions in Zimbabwe,
including having ordered, planned, or participated in acts
of politically motivated violence, or as providing support
to individuals or entities designated pursuant to this
paragraph:

(a) prevent the entry into or transit through their
territories of these individuals, provided that nothing in
this paragraph shall obligate a State to refuse entry into
or require departure from its territory of its own
nationals;

(b) freeze without delay all funds, other financial
assets and economic resources that are in their
territories on the date of adoption of this resolution or
at any time thereafter, that are owned or controlled,
directly or indirectly, by these individuals or entities,
or that are owned or controlled, directly or indirectly,
by entities owned or controlled by them such persons or by
individuals or entities acting on their behalf or at their
direction, and ensure that no funds, other financial
assets or economic resources are made available by their
nationals or by any persons within their territories to or
for the benefit of such individuals or entities;

7. Decides that the measures imposed by paragraph 6(a)
above do not apply where the Committee determines on a
case by case basis that such travel is justified on the
ground of humanitarian need, including religious
obligation, or where the Committee concludes that an
exemption would otherwise further the objectives of this
resolution;

8. Decides that the measures imposed by paragraph 6(b) of
this resolution do not apply to funds, other financial
assets or economic resources that have been determined by
relevant States:

(a) to be necessary for basic expenses, including payment
for foodstuffs, rent or mortgage, medicines and medical
treatment, taxes, insurance premiums, and public utility
charges or exclusively for payment of reasonable
professional fees and reimbursement of incurred expenses
associated with the provision of legal services, or fees
or service charges, in accordance with national laws, for
routine holding or maintenance of frozen funds, other
financial assets and economic resources, after
notification by the relevant States to the Committee of
the intention to authorize, where appropriate, access to
such funds, other financial assets or economic resources
and in the absence of a negative decision by the Committee
within three working days of such notification;

(b) to be necessary for extraordinary expenses, provided
that such determination has been notified by the relevant
States to the Committee and has been approved by the
Committee; or

(c) to be the subject of a judicial, administrative or
arbitral lien or judgment, in which case the funds, or
other financial assets and economic resources may be used
to satisfy that lien or judgment provided that the lien or
judgment was entered prior to the date of the present
resolution, is not for the benefit of a person or entity
designated by the Committee pursuant to paragraph 6 above,
and has been notified by the relevant States to the
Committee;

9. Decides to establish, in accordance with rule 28 of its
provisional rules of procedure, a Committee of the
Security Council consisting of all the members of the
Council, to undertake the following tasks:

(a) to seek from all States, in particular those in the
region, information regarding the actions taken by them to
implement effectively the measures referred to in
paragraphs 3, 4 and 6 of this resolution and whatever
further information it may consider useful in this regard;

(b) to examine and take appropriate action on information
regarding alleged violations of measures imposed by
paragraphs 3, 4 and 6 of this resolution;

(c) to designate individuals and entities subject to the
measures imposed by paragraph 6 of this resolution;

(d) to consider and decide upon requests for exemptions
set out in paragraphs 5, 7 and 8 of this resolution;

(e) to establish guidelines as may be necessary to
facilitate the implementation of the measures imposed by
this resolution;

(f) to report at least every 90 days to the Security
Council on its work and on the implementation of this
resolution, with its observations and recommendations, in
particular on ways to strengthen the effectiveness of the
measures imposed in this resolution;

(g) to assess reports from the Panel of Experts
established pursuant to paragraph 10 below, and from
Member States on specific steps they are taking to
implement the measures imposed by paragraphs 3, 4 and 6
above;

(h) to encourage a dialogue between the Committee and
interested Member States, in particular those in the
region, including by inviting representatives of such
States to meet with the Committee to discuss
implementation of the measures;

10. Requests the Secretary-General to establish, within
30 days of the adoption of this resolution, in
consultation with the Committee, for a period of twelve
months a Panel of Experts comprised of four members with
the range of expertise necessary to fulfill the Panel's
mandate described in this paragraph, to operate under the
direction of the Committee to undertake the following
tasks:

(a) to assist the Committee in monitoring implementation
of the measures in paragraphs 3, 4 and 6 of this
resolution, and to make recommendations to the Committee
on actions the Council may want to consider; and

(b) to provide a mid-term briefing on its work to the
Committee, and an interim report no later than 90 days
after adoption of this resolution, and a final report no
later than 30 days prior to the termination of its mandate
to the Council through the Committee with its finding and
recommendations;

11. Expresses its readiness to review the measures
imposed in paragraphs 3, 4, and 6 of this resolution in 12
months following the date of adoption of this resolution
or sooner if before such time as a political settlement is
agreed to by all stakeholders and respects the
will of the Zimbabwean people as expressed in the results of
the March 29, 2008 elections;

12. Requests the Secretary-General to submit a report to
the Council regarding the situation in Zimbabwe, whether
the Government of Zimbabwe has complied with the demands
in paragraph 2 above, and what additional measures may
contribute to improving the security, humanitarian,
and human rights situation in Zimbabwe;

13. Decides that all States shall report to the Committee
established by the Council within 90 days of the adoption
of this resolution on the steps they have taken with a
view to implementing effectively the measures imposed in
paragraphs 3, 4 and 6 above;

14. Decides to remain seized of the matter.
RICE

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