United Nations Security Council draft resolution S/2008/447
Date: 2008-07-11 (meeting 5933)
Agenda: Peace and security in Africa
Vetoed by: CHINA
RUSSIA/USSR

United Nations
Security Council
S/2008/447
Distr.: General
11 July 2008
Original: English
Australia, Belgium, Canada, Croatia, France, Italy, Liberia,
Netherlands, New Zealand, Sierra Leone, United Kingdom of
Great Britain and Northern Ireland and United States of America:
draft 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
subregion, the need to create an environment conducive for democracy, and which
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 27 June 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 27 June 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 programmes, conducted
by international and non-governmental organizations, and that this suspension is
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depriving the Zimbabwean people, in particular vulnerable people, including those
displaced by violence and women, children and orphans, of basic humanitarian
assistance,
Condemning the violence and loss of life that has caused the displacement of
thousands of Zimbabweans, many of whom have been driven to take refuge in
neighbouring 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 29 March 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 immediately 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 27 June
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;
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(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 29 March 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 ("the Committee") as
having engaged in or provided support for actions or policies to subvert democratic
processes or institutions in Zimbabwe since May 2005, including having ordered,

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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
judgement, in which case the funds, or other financial assets and economic
resources may be used to satisfy that lien or judgement provided that the lien or
judgement 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;
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(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 fulfil 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 midterm 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;

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,
which respects the will of the Zimbabwean people and the results of the 29 March
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.

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S/2008/447
Annex

1. Mugabe, Robert
(Member/Head of Government responsible for activities that seriously undermine
democracy, repress human rights and disrespect the rule of law)
2.
Chiwenga, Constantine
(Member of security forces who directed repressive State policy and has committed
human rights abuses)
3. Mnangagwa, Emmerson
(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
(Member of Government responsible for activities that seriously undermine
democracy, repress human rights and disrespect the rule of law)
9. Mutasa, Didymus
(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, Paradzi
(Member of security forces complicit in forming oppressive State policy)
12. Bonyongwe, Happyton
(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)

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Voting result: 9 yes, 5 no, 1 abstentions
Votes by member:
country: Belgium
vote: Y
country: Burkina Faso
vote: Y
country: Costa Rica
vote: Y
country: Croatia
vote: Y
country: France
vote: Y
country: Italy
vote: Y
country: Panama
vote: Y
country: United Kingdom of Great Britain and Northern Ireland
vote: Y
country: United States of America
vote: Y
country: China
vote: N
country: Libyan Arab Jamahiriya
vote: N
country: Russian Federation
vote: N
country: South Africa
vote: N
country: Viet Nam
vote: N
country: Indonesia
vote: A