US wanted Chinamasa on UN sanctions list

The United States wanted Justice Minister Patrick Chinamasa to be included on the United Nations sanctions list because of his activities that seriously undermined democracy, repressed human rights and disrespected the rule of law.

Chinamasa was one of the 13 top lieutenants of President Robert Mugabe whom the US wanted to be added on the UN sanctions list.

All 14 were already on the US sanctions list, both general and financial.

The proposed US resolution was vetoed by Russia and China.

Full cable:

Viewing cable 08STATE73077, USUN VOTING INSTRUCTION: ZIMBABWE UNSCR

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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

(28 VIEWS)