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