2002E0145 — EN — 22.07.2002 — 001.001 — 1
Thisdocumentismeantpurelyasadocumentationtoolandtheinstitutionsdonotassumeanyliabilityforitscontents
►B COUNCILCOMMONPOSITION
of18February2002
concerningrestrictivemeasuresagainstZimbabwe
(2002/145/CFSP)
(OJ L 50, 21.2.2002, p. 1)
Amended by:
Official Journal
No page date
►M1Council Common Position of 22 July 2002 (2002/600/CFSP) L 195 1 24.7.2002
▼B
COUNCILCOMMONPOSITION
of18February2002
concerningrestrictivemeasuresagainstZimbabwe
(2002/145/CFSP)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular
Article 15 thereof,
Whereas:
(1)On 28 January 2002, the Council expressed its serious concern
about the situation in Zimbabwe, in particular the recent escala-tion of violence and intimidation of political opponents and the
harassment of the independent press. It noted that the Govern-
ment of Zimbabwe has not taken effective measures to improvethe situation as called for by the European Council in Laekenlast December.
(2)The Council further expressed serious concern about recent
legislation in Zimbabwe which, if enforced, would seriously
infringe on the right to freedom of speech, assembly and associa-tion, mainly the Public Order and Security Act and the GeneralLaws Amendment Act (both of which violate the norms andstandards for free and fair elections as agreed by SADC Parlia-mentarians in March 2001) and the proposed legislation to
regulate the media.
(3)Therefore, the EU decided it will close the consultations
conducted under Article 96 of the ACP-EC PartnershipAgree-ment and implement targeted sanctions if:
— the Government of Zimbabwe prevents the deployment of an
EU election observation mission starting by 3 February 2002,
or if it later prevents the mission from operating effectively,or
— the Government of Zimbabwe prevents the international
media from having free access to cover the election, or
— there is a serious deterioration on the ground, in terms of a
worsening of the human rights' situation or attacks on the
opposition, or
— the election is assessed as not being free and fair.
(4)The Council has assessed that the Government of Zimbabwe
continues to engage in serious violations of human rights andof the freedom of opinion, of association and of peacefulassembly. Therefore, for as long as the violations occur, theCouncil deems it necessary to introduce restrictive measuresagainst the Government of Zimbabwe and those who bear a
wide responsibility for such violations.
(5)Action by the Community is needed in order to implement
certain measures,
HAS ADOPTED THIS COMMON POSITION:
Article 1
1. The supply or sale of arms and related material of all types
including weapons and ammunition, military vehicles and equipment,
paramilitary equipment, and spare parts for the aforementioned to
Zimbabwe by nationals of Member States or from the territories ofMember States shall be prohibited whether originating or not in theirterritories.
2. The provision to Zimbabwe of technical training or assistance
related to the provision, manufacture, maintenance or use of the itemsmentioned in paragraph 1 by nationals of Member States or from theterritories of the Member States, shall be prohibited.2002E0145 — EN — 22.07.2002 — 001.001 — 2
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3. Paragraphs 1 and 2 shall not apply to supplies of non-lethal mili-
tary equipment intended solely for humanitarian or protective use, andrelated technical assistance or training, nor shall they apply to protec-
tive clothing, including flak jackets and military helmets, temporarily
exported to Zimbabwe by United Nations personnel, representatives ofthe media and humanitarian and development workers and associatedpersonnel for their personal use only.
Article 2
No equipment which might be used for internal repression will be
supplied to Zimbabwe.
Article 3
1. Member States shall take the necessary measures to prevent the
entry into, or transit through, their territories of the persons listed inthe Annex, who are engaged in activities that seriously undermine
democracy, respect for human rights and the rule of law in Zimbabwe.
2. Paragraph 1 will not oblige a Member State to refuse its own
nationals entry into its territory.
3. Member States may grant exemptions from the measures imposed
in paragraph 1 where travel is justified on the grounds of humanitarianneed, including religious obligation, or on grounds of attending meet-ings of international bodies or conducting political dialogue that
promote democracy, human rights and the rule of law in Zimbabwe.
4. A Member State wishing to grant exemptions referred to in para-
graph 3 shall notify the Council in writing. The exemption will bedeemed to be granted unless one or more of the Council Membersraises an objection in writing within 48 hours of receiving notificationof the proposed exemption.
Article 4
1. Funds, financial assets or economic resources of the persons listed
in the Annex, who are engaged in activities that seriously undermine
democracy, respect for human rights and the rule of law in Zimbabwe,
will be frozen.
2. No funds, financial assets or economic resources will be made
available directly or indirectly to the persons referred to in paragraph 1.
Article 5
The Council, acting upon a proposal by a Member State or the
Commission, shall adopt modifications of the list contained in theAnnex as required by political developments in Zimbabwe.
Article 6
In order to maximise the impact of the abovementioned measures, the
European Union shall encourage third States to adopt restrictivemeasures similar to those contained in this Common Position.
Article 7
This Common Position shall take effect on the date of its adoption. It
shall apply for a renewable 12-months' period after that date.
This Common Position shall be kept under constant review.
Article 8
This Common Position shall be published in the Official Journal.2002E0145 — EN — 22.07.2002 — 001.001 — 3
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ANNEX
ListofpersonsreferredtoinArticle1
1. Mugabe, Robert Gabriel President, born 21.2.1924, Kutama
2. Utete, Charles Cabinet Secretary, born 30.10.1938
3. Mnangagwa, Emmerson Parliamentary Speaker, born 15.9.1946
4. Nkomo, John Home Affairs Minister, born 22.8.19345. Goche, Nicholas Security Minister, born 1.8.19466. Manyika, Elliot Youth Minister, born 30.7.19557. Moyo, Jonathan Information Minister, born 12.1.1957
8. Charamba, George Information Minister's Permanent Secretary and Spokesman
9. Chinamasa, Patrick Justice Minister, born 25.1.1947
10. Made, Joseph Agricultural Minister, born 21.11.195411. Chombo, Ignatius Local Govt Minister, born 1.8.195212. Mudenge, Stan Foreign Minister, born 17.12.1941, Zimutu Reserve13. Chiwewe, Willard Ministry of Foreign Affairs Senior Secretary, born 19.3.1949
14. Zvinavashe, Vitalis General (CDS), born 1943
15. Chiwenga, Constantine Lt Gen (Army), born 25.8.195616. Shiri, Perence Air Marshal (Air Force), born 1.11.195517. Chihuri, Augustine Commissioner (Police), born 10.3.195318. Muzonzini, Elisha Brig. (Intelligence), born 24.6.1957
19. Zimonte, Paradzai Prisons chief
20. Sekeramayi, Sidney Defence Minister, born 30.3.194421. Muzenda, Simon Vengesai Vice President, born 28.10.192222. Msika, Joseph Vice President, born 6.12.192323. Makoni, Simbarashe Minister of Finance, born 22.3.1950
24. Murerwa, Herbert Minister for Industry and International Trade, born 31.7.1941
25. Mujuru, Joyce Minister for Rural Resources and Water, born 15.4.195526. Moyo, July Public Service, Labour and Social Welfare Minister, born
7.5.1950
27. Chigwedere, Aeneas Education, Sports and Culture Minister, born 25.11.193928. Stamps, Timothy Health and Child Welfare Minister, born 15.10.193629. Mobeshora, Swithun Transport and Communications Minister, born 20.8.194530. Chindori-Chininga, Edward Mines and Energy Minister, born 14.3.195531. Nhema, Francis Environment and Tourism Minister, born 17.4.1959
32. Mumbengegwi, Samuel Higher Education and Technology Minister, born 23.10.1942
33. Nyoni, Sithembiso Minister of State, Informal Sector, born 20.9.194934. Muchena, Olivia Minister of State in Vice-President Msika's Office, born 18.8.194635. Buka, Flora Minister of State in Vice President Muzenda's Office, born
25.2.1968
36. Dabengwa, Dumiso Senior Committee Member, born 193937. Mujuru, Solomon Senior Committee Member, born 194938. Nkomo, Stephen Senior Committee Member, born 1925
39. Mugabe, Sabina Senior Committee Member, born 14.10.1934
40. Muzenda, Tsitsi Senior Committee Member41. Karimanzira, David Secretary for Finance, born 25.5.19472002E0145 — EN — 22.07.2002 — 001.001 — 4
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42. Mutasa, Didymus Secretary for External Relations, born 27.7.1935
43. Shamuyarira, Nathan Secretary for Information and Publicity, born 29.9.1928
44. Tungamirai, Josiah Secretary for Employment and Indigenisation, born 8.10.1948
45. Ndlovu, Naison Secretary for Production and Labour, born 22.10.193046. Hove, Richard Secretary for Economic Affairs, born 1935
47. Muchinguri, Oppah Secretary for Gender and Culture, born 14.12.1958
48. Masuku, Angeline Secretary for Disabled and Disadvantaged Person's Welfare49. Sikhosana Absolom Secretary for Youth Affairs
50. Lesabe, Thenjiwe Secretary for Women's Affairs, born 1933
51. Chikowore, Enos Secretary for Land and Resettlement, born 193652. Kuruneri, Christopher Deputy Minister, Finance and Economic Development, born
4.4.1949
53. Ncube, Abedinico Deputy Minister, Foreign Affairs, born 13.10.195454. Mohadi, Kembo Deputy Minster of Local Government, Public Works and National
Housing, born 15.11.1949
55. Shumba, Isaiah Deputy Minister, Education, Sports and Culture, born 3.1.1949
56. Parirenyatwa, David Deputy Minister, Health and Child Welfare, born 2.8.1950
57. Mangwana, Paul Deputy Minister, Justice, Legal and Parliamentary Affairs, born
10.8.1961
58. Mushohwe, Christopher Deputy Minister, Transport and Communications, born 6.2.1954
59. Mahofa, Shuvai Deputy Minister for Youth Development, Gender and Employ-
ment Creation, born 4.4.1941
60. Gumbo, Rugare Deputy Minister, Home Affairs, born 8.3.194061. Mangwende, Witness Deputy-Secretary for Administration, born 1946
62. Tawengwa, Solomon Deputy-Secretary for Finance
63. Ndlovu, Sikhanyiso Deputy-Secretary for Commissariat, born 20.9.194964. Mpofu, Obert Deputy-Secretary for National Security, born 12.10.1951
65. Moyo, Simon Khaya Deputy-Secretary for Legal Affairs, born 1945
66. Malinga, Joshua Deputy-Secretary for Disabled and Disadvantaged67. Madzongwe, Edna Deputy-Secretary for Production and Labour, born 11.7.1943
68. Sakupwanya, Stanley Deputy-Secretary for Health and Child welfare
69. Pote, S M Deputy-Secretary for Gender and Culture70. Kasukuwere, Saviour Deputy-Secretary for Youth Affairs, born 23.10.1970
71. Mathuthu, T Deputy-Secretary for Transport and Social Welfare
72. Mugabe, Grace Spouse of Robert Mugabe, born 23.7.19652002E0145 — EN — 22.07.2002 — 001.001 — 5