The Special Rapporteur reminds that “targeted sanctions” cannot, in practice, be isolated from the negative consequences on Zimbabweans of secondary sanctions, civil and criminal penalties for circumvention of sanctions regimes, zero-risk policies and over-compliance. The cumulative effect of these is an important factor undermining the capacity of the Government of Zimbabwe to exercise its duty to maintain the functioning of critical infrastructure, to achieve Sustainable Development Goals, and to ensure the enjoyment of fundamental human rights.
The Special Rapporteur underlines that applying extraterritorial jurisdiction to nationals and companies of third states for cooperation with Zimbabwe’s public authorities, nationals and companies, and alleged threats to such third-state parties, is not justified under international law and increases the risks of over-compliance with sanctions.
The Special Rapporteur reminds on the inadmissibility of applying sanctions extraterritorially on the basis of using payments in US dollars as a ground for expanding jurisdiction.
Impact of unilateral sanctions on the enjoyment of human rights
Due to the lengthy period of imposition of unilateral sanctions it is complicated to identify their exact impact on the situation in the country as it is affected by a vast number of elements. Unilateral sanctions, secondary sanctions and over-compliance in their complexity have exacerbated the pre-existing economic and humanitarian crisis, inhibiting the building of essential infrastructure and international and inter-institutional cooperation necessary for the achievement of the Sustainable Development Goals.
The designation of senior state officials as well as companies owned or controlled by them makes foreign companies and banks unwilling to do business with Zimbabwe’s public sector, preventing the Government from getting revenue for the exercise of its public functions and provision of essential services, resulting in the violation of labor and social rights of people involved in the public sector, whose salaries are reported to be much lower than in the private sphere; this has led to rising unemployment, especially among the most qualified professionals (engineers, doctors, teachers, university professors, judges, police officers), which at times is reported to reach 30-50 per cent.
It has also prevented the Government from using resources to develop and maintain essential infrastructure, disaster response plans and for social support programs, which has a devastating effect on the whole population of Zimbabwe, especially those in extreme poverty, women, youth, children, medical workers, and people with disabilities or life-threatening or chronic diseases, particularly in rural areas. It is reported that credit lines are periodically opened and humanitarian assistance provided for meeting urgent humanitarian concerns (HIV, cholera, COVID-19), but less – for development projects.
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