In a surprise move on Monday, the United States announced it was ending sanctions on Zimbabwe, ending a 21-year campaign introduced as punishment for corruption and human rights abuses under late President Robert Mugabe.
The partial lifting of sanctions is not due to an improvement in corruption or human rights abuses, but rather a change in strategy to target individuals and entities that the United States deems responsible for these human rights abuses.
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Among those targeted by the United States are Zimbabwe's President Emmerson Mnangagwa and Vice President Constantino Chiwenga, who have been “engaged in corruption and serious human rights abuses.”
Retired Brigadier General Walter Tapfumanei and Kudakwashe Tagwileyi, one of Zimbabwe's richest businessmen, have also been targeted. They are among 11 individuals and three entities targeted by the United States.
new tools
The U.S. government said it was adopting new measures in Zimbabwe, including the Global Magnitsky Sanctions Program, “to ensure that the egregious actions of Zimbabwe's most powerful people and companies are recognized as the actions of the worst human rights violators and corrupt people.” “To make it clear that we are in agreement.” World wide”.
“In response to new and continuing corruption and serious human rights violations, the United States is refocusing and intensifying its efforts to hold accountable the individuals and entities responsible for this exploitation.” conference spokesperson Adrian Watson wrote.
“Specifically, under Executive Order 13818, the Ministry of Finance has identified three entities and 11 individuals, including President Emmerson Mnangagwa, Vice President Constantino Chiwenga, Brigadier General Walter Tapfumane (retired), and businessman Kudakwashe Tagwileyi. We are naming individuals for their involvement in corruption and serious human rights violations and enacting the Global Magnitsky Human Rights Accountability Act.”
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The Global Magnitsky Human Rights Accountability Act, named after Russian whistleblower Sergei Magnitsky, who died in custody in 2012, will be applied by the United States around the world to protect those deemed responsible for human rights abuses and corruption. enable targeted sanctions against individuals and entities who
The new targeted program forms part of a series of measures aimed at those deemed to be the worst offenders.
The United States recently suspended its participation in the African Development Bank Dialogue and further leveraged new visa restriction policies against people deemed to be undermining Zimbabwe's democracy.
“These measures coincide with the end of the existing Zimbabwe sanctions program, which began in March 2003; [were] It was expanded in subsequent orders,” Watson added.
Litigation against US sanctions
In March 2022, the Zimbabwe Anti-Sanctions Movement (ZASM) filed papers in the Gauteng High Court asking that US sanctions against Zimbabwe be declared illegal, unconstitutional and null and void.
The court action names US President Joe Biden and the US Senate President as defendants, as well as several SA and US banking groups.
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One of the hoped-for outcomes of the lifting of sanctions is the normalization of financial relations with Zimbabwe, but this is likely to be a slow process.
The three executive orders lifted this week (originally signed by former US President George W. Bush and implemented by the Office of Foreign Assets Control) primarily apply to financial relations between Zimbabwe and the US.
ZASM's case was defended by the US government, which argued that the sanctions harm ordinary Zimbabweans by denying Zimbabwe access to international credit markets and cutting off international aid and donor aid. South African and global banks were reluctant to do business with Zimbabwe for fear of criminal and civil penalties.
Lifting of sanctions is welcomed
ZASM's legal advisor, Barrister Simba Kitando, welcomed the lifting of the sanctions, which are inconsistent with the United Nations Charter, the African Union Constitution, the SA and Zimbabwe constitutions.
“None of the individuals and entities targeted by the U.S. sanctions program received a fair trial in a court of competent jurisdiction, and all were summarily punished by the world's most powerful country.”
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Mr Watson has accused political leaders of corruption, but ZASM said the allegations were within the jurisdiction of law enforcement and should be tried in court.
Targeted sanctions against individuals without due process have had the effect of destroying the very justice system the United States seeks to support.
Chitando said ZASM may continue its case against the US government, but may amend some of its petitions seeking the lifting of sanctions against Zimbabwean nationals, now that it has been achieved. .
It plans to proceed with a legal challenge to the Zimbabwe Democratic Restoration Act (Jidera). The Zimbabwe Democratic Restoration Act (Jidera) was introduced in the United States in 2001 to restore order in the country after state-sanctioned land invasions and human rights abuses.