2002E0145 — EN — 18.02.2003 — 003.001 — 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
►M2Council Decision 2002/754/CFSP of 13 September 2002 L 247 56 14.9.2002
►M3Council Common Position 2003/115/CFSP of 18 February 2003 L 46 30 20.2.2003
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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 March2001) and th e proposed legislation to
regulate the media.
(3)Therefore, the EU decided it will close the consultations
conducted under Article 96 of the ACP-EC Partnership Agree-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 suchviolations.
(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 paragraph1 by nationals of Member States or from th eterritories of the Member States, shall be prohibited.2002E0145 — EN — 18.02.2003 — 003.001 — 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. Paragraph1 will not oblige a Member State to refuse its own
nationals entry into its territory.
3. Paragraph 1 shall be without prejudice to the cases where a
Member State is bound by an obligation of international law, namely:
(i) as a host country of an international intergovernmental organisa-
tion;
(ii) as a host country to an international conference convened by, or
under the auspices of, the United Nations; or
(iii) under a multilateral agreement conferring privileges and immu-
nities.
The Council shall be duly informed in each of these cases.4. Paragraph 3 shall be considered as applying also in cases where a
Member State is host country of the Organisation for Security andCooperation in Europe (OSCE).
5. Member States may grant exemptions from the measures imposed
in paragraph 1 where travel is justified on the grounds of urgent huma-
nitarian need, or on grounds of attending intergovernmental meetings,including those promoted by the European Union, where a politicaldialogue is conducted that directly promotes democracy, human rightsand the rule of law in Zimbabwe.
6. A Member State wishing to grant exemptions referred to in para-
graph 5 shall notify the Council in writing. The exemption will be
deemed to be granted unless one or more of the Council Members
raises an objection in writing within 48 hours of receiving notificationof the proposed exemption. In the event that one or more of theCouncil members raises an objection, the Council, acting by a qualifiedmajority, may decide to grant the proposed exemption.
7. In cases where pursuant to paragraphs 3, 4, 5 and 6, a Member
State authorises the entry into, or transit through, its territory of persons
listed in the Annex, the authorisation shall be limited to the purpose forwhich it is given and to the persons concerned thereby.
Article 4
1. Funds, financial assets or economic resources of the persons listed
in the Annex, who are engaged in activities that seriously underminedemocracy, 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 1.2002E0145 — EN — 18.02.2003 — 003.001 — 3
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Article 5
The Council, acting upon a proposal by a Member State or the
Commission, shall adopt modifications of the list contained in the
Annex 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 restrictive
measures 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 — 18.02.2003 — 003.001 — 4
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ANNEX
ListofpersonsreferredtoinArticle1
1. Mugabe, Robert Gabriel President, born 21.2.1924, Kutama
2. Buka, Flora Minister of State for Land Reform Programme (former Minister of
State in Vice President Muzenda's Office), born 25.2.1968
3. Charamba, George Information Minister's Permanent Secretary and Spokesman
4. Charumbira, Fortune Deputy Minister for Local Government, Public Works and
National Housing, born 10.6.1962
5. Chigwedere, Aeneas Education, Sports and Culture Minister, born 25.11.1939
6. Chihuri, Augustine Commissioner (Police), born 10.3.1953
7. Chikowore, Enos Secretary for Land and Resettlement, born 19368. Chinamasa, Patrick Justice Minister, born 25.1.19479. Chindori-Chininga, Edward Mines and Energy Minister, born 14.3.1955
10. Chiwenga, Constantine Lt Gen (Army), born 25.8.1956
11. Chiwewe, Willard Ministry of Foreign Affairs Senior Secretary, born 19.3.194912. Chombo, Ignatius Local Govt Minister, born 1.8.195213. Dabengwa, Dumiso Senior Committee Member, born 193914. Goche, Nicholas Security Minister, born 1.8.1946
15. Gumbo, Rugare Deputy Minister, Home Affairs, born 8.3.1940
16. Hove, Richard Secretary for Economic Affairs, born 193517. Karimanzira, David Secretary for Finance, born 25.5.194718. Kasukuwere, Saviour Deputy-Secretary for YouthAffairs, born 23.10.1970
19. Kuruneri, Christopher Deputy Minister, Finance and Economic Development, born
4.4.1949
20. Lesabe, Thenjiwe Secretary for Women's Affairs, born 1933
21. Machaya, Jaison Deputy Minister for Mines and Mining Development, born
13.6.1952
22. Made, JosephAgricultural Minister, born 21.11.1954
23. Madzongwe, Edna Deputy-Secretary for Production and Labour, born 11.7.1943
24. Mahofa, Shuvai Deputy Minister for Youth Development, Gender and Employ-
ment Creation, born 4.4.1941
25. Makoni, Simbarashe Minister of Finance, born 22.3.1950
26. Malinga, Joshua Politburo Deputy Secretary, Deputy-Secretary for Disabled and
Disadvantaged, born 28.4.1944
27. Mangwana, Paul Minister of State for Enterprises and Parastatals (former Deputy
Minister, Justice, Legal and Parliamentary Affairs), born
10.8.1961
28. Mangwende, Witness Minister for Transport and Communications (former Deputy-
Secretary for Administration), born 15.10.1946
29. Manyika, Elliot YouthMinister, born 30.7.1955
30. Manyonda, KennethDeputy Minister for Industry and International Trade, born
10.8.1934
31. Marumahoko, Reuben Deputy Minister for Energy and Power Development, born
4.4.1948
32. Masuku, Angeline Politburo Secretary, Secretary for Disabled and Disadvantaged
Person's Welfare, born 14.10.1936
33. Mathuthu, T Deputy-Secretary for Transport and Social Welfare34. Midzi, Amos Bernard
MuvengaMinister for Energy and Power Development, born 4.7.1952
35. Mnangagwa, Emmerson Parliamentary Speaker, born 15.9.1946
36. Mobeshora, Swithun Transport and Communications Minister, born 20.8.19452002E0145 — EN — 18.02.2003 — 003.001 — 5
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37. Mohadi, Kembo Minister for Home Affairs (former Deputy Minister of Local
Government, Public Works and National Housing), born
15.11.1949
38. Moyo, Jonathan Information Minister, born 12.1.195739. Moyo, July Public Service, Labour and Social Welfare Minister, born
7.5.1950
40. Moyo, Simon Khaya Deputy-Secretary for Legal Affairs, born 194541. Mpofu, Obert Deputy-Secretary for National Security, born 12.10.195142. Msika, JosephVice President, born 6.12.192343. Muchena, Olivia Minister of State for Information and Publicity (former Minister of
State in Vice-President Msika's Office), born 18.8.1946
44. Muchinguri, Oppah Secretary for Gender and Culture, born 14.12.195845. Mudenge, Stan Foreign Minister, born 17.12.1941, Zimutu Reserve46. Mugabe, Grace Spouse of Robert Mugabe, born 23.7.196547. Mugabe, Sabina Politburo Senior Committee Member, born 14.10.193448. Mujuru, Joyce Minister for Rural Resources and Water, born 15.4.1955
49. Mujuru, Solomon Senior Committee Member, born 1949
50. Mumbengegwi, Samuel Higher Education and Technology Minister, born 23.10.194251. Murerwa, Herbert Minister for Finance and Economic Development (former Minister
for Industry and International Trade), born 31.7.1941
52. Mushohwe, Christopher Deputy Minister, Transport and Communications, born 6.2.1954
53. Mutasa, Didymus Secretary for External Relations, born 27.7.193554. Mutiwekuziva, KennethDeputy Minister, Small and Medium Enterprises Development,
born 27.5.1948
55. Muzenda, Simon Vengesai Vice President, born 28.10.1922
56. Muzenda, Tsitsi Politburo Senior Committee Member, born 28.10.1922
57. Muzonzini, Elisha Brig. (Intelligence), born 24.6.195758. Ncube, Abedinico Deputy Minister, Foreign Affairs, born 13.10.195459. Ndlovu, Naison Secretary for Production and Labour, born 22.10.193060. Ndlovu, Sikhanyiso Deputy-Secretary for Commissariat, born 20.9.194961. Nhema, Francis Environment and Tourism Minister, born 17.4.1959
62. Nkomo, John Special Affairs in the President's Office (former Home Affairs
Minister), born 22.8.1934
63. Nkomo, Stephen Senior Committee Member, born 192564. Nyoni, Sithembiso Minister of Small and Medium Enterprises Development (former
Minister of State, Informal Sector), born 20.9.1949
65. Parirenyatwa, David Minister, Healthand Ch ild Welfare (former Deputy Minister),
born 2.8.1950
66. Pote, S M Deputy-Secretary for Gender and Culture
67. Rusere, Tinos Deputy Minister for Rural Resources and Water Development,
born 10.5.1945
68. Sakupwanya, Stanley Deputy-Secretary for Healthand Ch ild welfare
69. Sekeramayi, Sidney Defence Minister, born 30.3.1944
70. Shamuyarira, Nathan Secretary for Information and Publicity, born 29.9.192871. Shiri, Perence Air Marshal (Air Force), born 1.11.195572. Shumba, Isaiah Deputy Minister, Education, Sports and Culture, born 3.1.194973. Sikhosana, Absolom Politburo Secretary, Secretary for Youth Affairs74. Stamps, Timothy Health and Child Welfare Minister, born 15.10.193675. Tawengwa, Solomon Politburo Deputy Secretary, Deputy-Secretary for Finance, born
15.6.19402002E0145 — EN — 18.02.2003 — 003.001 — 6
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76. Tungamirai, JosiahSecretary for Employment and Indigenisation, born 8.10.1948
77. Utete, Charles Cabinet Secretary, born 30.10.1938
78. Zimonte, Paradzai Prisons chief
79. Zvinavashe, Vitalis General (CDS), born 19432002E0145 — EN — 18.02.2003 — 003.001 — 7