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Viewing cable 08STATE73077, USUN VOTING INSTRUCTION: ZIMBABWE UNSCR

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Reference ID Created Released Classification Origin
08STATE73077 2008-07-08 18:10 2011-08-24 16:30 UNCLASSIFIED Secretary of State
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