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Cablegate: Usun Voting Instruction: Zimbabwe Unscr

VZCZCXYZ0032
OO RUEHWEB

DE RUEHC #3077 1901807
ZNR UUUUU ZZH
O R 081810Z JUL 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEATRS/TREASURY DEPT WASHINGTON DC 0000
RHEHNSC/NSC WASHINGTON DC 0000

UNCLAS STATE 073077

SIPDIS

E.O. 12958: N/A
TAGS: ETTC PREL EFIN KTFN PTER UNSC ZI XA ZU
SUBJECT: USUN VOTING INSTRUCTION: ZIMBABWE UNSCR

REF: A. STATE 72696
B. STATE 70882
C. STATE 69672
D. STATE 50339
E. STATE 44297

1. USUN is instructed to table on July 8, for a vote by the
Security Council not later than July 9, the draft UNSC
resolution (text in paragraph 2), which creates a Zimbabwe
sanctions regime. USUN is instructed to vote in favor of the
draft resolution.

2. BEGIN RESOLUTION

The Security Council,

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

Reaffirming the statement of its President of 23 June 2008
concerning the situation in Zimbabwe (S/PRST/2008/23),

Reaffirming the 2005 World Summit Outcome Document that
acknowledges that peace and security, development and human
rights are the pillars of the United Nations system and the
foundations for collective security and well-being and
recognizing that development, peace and security and human
rights are interlinked and mutually reinforcing,

Recalling the African Union resolution on Zimbabwe of 1 July
2008 which expressed its concern with the loss of life and
violence in Zimbabwe, the need to prevent a worsening of the
situation to avoid the spread of the conflict across the
sub-region, the need to create an environment conducive for
democracy, and encouraged Zimbabwean leaders to initiate
dialogue with a view to promoting peace, stability,
democracy, and reconciliation,

Recalling the statements of the Southern African Development
Community, Pan-African Parliament, and African Union Observer
missions to Zimbabwe on 29 June 2008, which found that the
elections fell short of accepted African Union standards, did
not give rise to free, fair or credible elections, and did
not reflect the will of the Zimbabwean people,

Expressing strong concern at the irregularities during the
June 27 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
conducted by international and non-governmental
organizations, and that this suspension is depriving the
Zimbabwean people, in particular vulnerable people, including
those displaced by violence, women, children and orphans, 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,

Condemning also the arbitrary 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 repeated 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 grave
concern over that impact,

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 in such a way that reflects the will
of the Zimbabwean people as expressed in the March 29
elections, and calling on the Government of Zimbabwe to
cooperate with these efforts,

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

Urging all parties to take the necessary steps to prevent and
put an end to abuses of human rights and underlining that
those responsible for such abuses should be held accountable,

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 campaign of
violence against the political opposition and the civilian
population, which has resulted in scores of deaths, thousands
of injuries, and displacement of thousands of civilians,
making it impossible for a free and fair election to occur,
and expresses strong concern with the decision of the
Government of Zimbabwe to go forward with the June 27
elections;

2. 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, and
displacement, and release all political prisoners;

(b) Begin without delay a substantive and inclusive political
dialogue between the parties with the aim of arriving at a
peaceful solution that reflects the will of the Zimbabwean
people and respects the results of 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) Cooperate fully with investigations of the political
violence experienced by the country between March and June
2008, and hold accountable those who have carried out abuses
of human rights;

(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. Requests the Secretary General to appoint as soon as
possible an individual of international standing and
expertise to serve as his Special Representative on the
situation in Zimbabwe who would:

(a) support the negotiation process between the political
parties in Zimbabwe;

(b) report to the Council on the political, humanitarian,
human rights, and security situation in Zimbabwe;

4. 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;

5. Decides also 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 4
above;

6. Decides further that the measures imposed by paragraphs 4
and 5 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; 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;

7. Decides that all States shall take the following measures
with respect to individuals and entities designated in the
Annex to this resolution or designated by the Committee
established pursuant to paragraph 10 below 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 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;

8. Decides that the measures imposed by paragraph 7(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;

9. Decides that the measures imposed by paragraph 7(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 7 above,
and has been notified by the relevant States to the Committee;

10. 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
4, 5 and 7 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 4, 5 and 7 of this resolution;

(c) to designate individuals and entities subject to the
measures imposed by paragraph 7 of this resolution;

(d) to consider and decide upon requests for exemptions set
out in paragraphs 8 and 9 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 11 below, and from Member States on
specific steps they are taking to implement the measures
imposed by paragraphs 4, 5 and 7 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;

11. 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 4, 5 and 7 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 findings and
recommendations;

12. Expresses its readiness to review the measures imposed
in paragraphs 4, 5, and 7 of this resolution in 12 months
following the date of adoption of this resolution or sooner,
if before such time an inclusive political settlement is
agreed, that respects the will of the Zimbabwean people and
the results of the March 29, 2008 elections;

13. 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;

14. 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
4, 5 and 7 above;

15. Decides to remain seized of the matter.

Annex
1. Mugabe, Robert Gabriel
(Member/Head of Government responsible for activities that
seriously undermine democracy, repress human rights and
disrespect the rule of law)

2. Chiwenga, Constantine Guveya
(Member of security forces who directed repressive state
policy and committed human rights abuses)

3. Mnangagwa, Emmerson Dambudzo
(Member of Government responsible for activities that
seriously undermine democracy, repress human rights and
disrespect the rule of law)

4. Gono, Gideon
(Reserve Bank Governor who is responsible for funding
repressive state policies)

5. Chihuri, Augustine
(Member of security forces who bears wide responsibility for
serious violations of the freedom of peaceful assembly)

6. Chinamasa, Patrick
(Member of Government responsible for activities that
seriously undermine democracy, repress human rights and
disrespect the rule of law)

7. Shiri, Perence
(Member of security forces complicit in forming or directing
oppressive state policy)

8. Parirenyatwa, David Pagwese
(Member of Government responsible for activities that
seriously undermine democracy, repress human rights and
disrespect the rule of law)

9. Mutasa, Didymus Noel Edwin
(Member of Government responsible for activities that
seriously undermine democracy, repress human rights and
disrespect the rule of law)

10. Charamba, George
(Member of Government complicit in forming or directing
oppressive state policy)

11. Zimondi, Paradzai
(Member of security forces complicit in forming oppressive
state policy)

12. Bonyongwe, Happyton Mabhuya
(Member of security forces complicit in forming or directing
oppressive state policy)

13. Sekeremayi, Sydney Tigere
(Member of Government complicit in forming or directing
oppressive state policy)

14. Made, Joseph Mtakwese
(Member of Government complicit in forming or directing
oppressive state policy)

END RESOLUTION

3. Department appreciates Mission's efforts.
RICE

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