Council Common Position of 18 February 2002 concerning restrictive measures against Zimbabwe
Date: 2002-02-18
Institutions: Council of the European Union
Subjects: Zimbabwe, economic sanctions, freedom of movement, international sanctions, market approval, military equipment

21.2.2002

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Official Journal of the European Communities

L 50/1

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL COMMON POSITION

of 18 February 2002

concerning restrictive measures against Zimbabwe

(2002/145/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular Article 15 thereof,

introduce restrictive measures against the Government
of Zimbabwe and those who bear a wide responsibility
for such violations.

(5)

Action by the Community is needed in order to imple-
ment certain measures,

Whereas:

(1)

(2)

On 28 January 2002, the Council expressed its serious
concern about the situation in Zimbabwe, in particular
the recent escalation of violence and intimidation of
political opponents and the harassment of the indepen-
dent press. It noted that the Government of Zimbabwe
has not taken effective measures to improve the situa-
tion as called for by the European Council in Laeken last
December.

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 association, mainly the Public Order and
Security Act and the General Laws Amendment Act
(both of which violate the norms and standards for free
and fair elections as agreed by SADC Parliamentarians 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 Partnership
Agreement and implement targeted sanctions if:

— the Government of Zimbabwe prevents the deploy-
ment of an EU election observation mission starting
by 3 February 2002, or if
later prevents the
mission from operating effectively, or

it

— the Government of Zimbabwe prevents the inter-
national 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.

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 of Member States shall be prohibited
whether originating or not in their territories.

The provision to Zimbabwe of technical training or assis-
2.
tance related to the provision, manufacture, maintenance or
use of the items mentioned in paragraph 1 by nationals of
Member States or from the territories of the Member States,
shall be prohibited.

3.
Paragraphs 1 and 2 shall not apply to supplies of non-
lethal military equipment intended solely for humanitarian or
protective use, and related technical assistance or training, nor
shall they apply to protective clothing, including flak jackets
and military helmets, temporarily exported to Zimbabwe by
United Nations personnel, representatives of the media and
humanitarian and development workers
and associated
personnel for their personal use only.

Article 2

No equipment which might be used for internal repression will
be supplied to Zimbabwe.

Article 3

(4)

The Council has assessed that
the Government of
Zimbabwe continues to engage in serious violations of
human rights and of the freedom of opinion, of associa-
tion and of peaceful assembly. Therefore, for as long as
the violations occur, the Council deems it necessary to

1. Member States shall
take the necessary measures to
prevent the entry into, or transit through, their territories 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.

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Official Journal of the European Communities

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Paragraph 1 will not oblige a Member State to refuse its

2.
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
including religious obligation, or on
of humanitarian need,
grounds of attending meetings of
international bodies or
conducting political dialogue that promote democracy, human
rights and the rule of law in Zimbabwe.

A Member State wishing to grant exemptions referred to
4.
in paragraph 3 shall notify the Council in writing. The exemp-
tion will be deemed to be granted unless one or more of the
Council Members raises an objection in writing within 48
hours of receiving notification of the proposed exemption.

Article 4

Funds,

financial assets or economic resources of

1.
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
the Annex as required by political developments in Zimbabwe.

Article 6

In order to maximise the impact of the abovementioned meas-
ures, 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.

Done at Brussels, 18 February 2002.

For the Council

The President

J. PIQUÉ I CAMPS

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ANNEX

List of persons referred to in Articles 3 and 4

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

5. GOCHE Nicholas

6. MANYIKA Elliot

7. MOYO Jonathan

8. CHARAMBA George

9. CHINAMASA Patrick

10. MADE Joseph

11. CHOMBO Ignatius

12. MUDENGE Stan

13. CHIWEWE Willard

Home Affairs Minister, born 22.8.1934

Security Minister, born 1.8.1946

Youth Minister, born 30.7.1955

Information Minister, born 12.1.1957

Information Minister's Permanent Secretary and Spokesman

Justice Minister, born 25.1.1947

Agricultural Minister, born 21.11.1954

Local Govt Minister, born 1.8.1952

Foreign Minister, born 17.12.1941, Zimutu Reserve

Ministry of Foreign Affairs Senior Secretary, born 19.3.1949

14. ZVINAVASHE Vitalis

General (CDS), born 1943

15. CHIWENGA Constantine

Lt Gen (Army), born 25.8.1956

16. SHIRI Perence

17. CHIHURI Augustine

18. MUZONZINI Elisha

19. ZIMONTE Paradzai

20. SEKERAMAYI Sidney

Air Marshal (Air Force), born 1.11.1955

Commissioner (Police), born 10.3.1953

Brig. (Intelligence), born 24.6.1957

Prisons chief

Defence Minister, born 30.3.1944