• Pressure On Zimbabwe On Farm Seizures
• Zimbabwe silent on U.S. aid, sanctions bill
• Commonwealth to mull Zimbabwe sanctions in 2 weeks
• Trade unions support firmer stance on Zimbabwe
• Pressure piles on Mugabe
• CMED officials accused of causing Gezi's death

S 494 EAH

Resolved, That the bill from the Senate (S. 494) entitled `An Act to provide for a transition to democracy and to promote economic recovery in Zimbabwe', do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

This Act may be cited as the `Zimbabwe Democracy and Economic Recovery Act of 2001'.

SEC. 2. STATEMENT OF POLICY.

It is the policy of the United States to support the people of Zimbabwe in their struggle to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law.

SEC. 3. DEFINITIONS.

In this Act:

(1) INTERNATIONAL FINANCIAL INSTITUTIONS- The term `international financial institutions' means the multilateral development banks and the International Monetary Fund.

(2) MULTILATERAL DEVELOPMENT BANKS- The term `multilateral development banks' means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency.

SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY.

(a) FINDINGS- Congress makes the following findings:

(1) Through economic mismanagement, undemocratic practices, and the costly deployment of troops to the Democratic Republic of the Congo, the Government of Zimbabwe has rendered itself ineligible to participate in International Bank for Reconstruction and Development and International Monetary Fund programs, which would otherwise be providing substantial resources to assist in the recovery and modernization of Zimbabwe's economy. The people of Zimbabwe have thus been denied the economic and democratic benefits envisioned by the donors to such programs, including the United States.

(2) In September 1999 the IMF suspended its support under a `Stand By Arrangement', approved the previous month, for economic adjustment and reform in Zimbabwe.

(3) In October 1999, the International Development Association (in this section referred to as the `IDA') suspended all structural adjustment loans, credits, and guarantees to the Government of Zimbabwe.

(4) In May 2000, the IDA suspended all other new lending to the Government of Zimbabwe.

(5) In September 2000, the IDA suspended disbursement of funds for ongoing projects under previously-approved loans, credits, and guarantees to the Government of Zimbabwe.

(b) SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY-

(1) BILATERAL DEBT RELIEF- Upon receipt by the appropriate congressional committees of a certification described in subsection (d), the Secretary of the Treasury shall undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by any agency of the United States Government.

(2) MULTILATERAL DEBT RELIEF AND OTHER FINANCIAL ASSISTANCE- It is the sense of Congress that, upon receipt by the appropriate congressional committees of a certification described in subsection (d), the Secretary of the Treasury should--

(A) direct the United States executive director of each multilateral development bank to propose that the bank should undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by that bank; and

(B) direct the United States executive director of each international financial institution to which the United States is a member to propose to undertake financial and technical support for Zimbabwe, especially support that is intended to promote Zimbabwe's economic recovery and development, the stabilization of the Zimbabwean dollar, and the viability of Zimbabwe's democratic institutions.

(c) MULTILATERAL FINANCING RESTRICTION- Until the President makes the certification described in subsection (d), and except as may be required to meet basic human needs or for good governance, the Secretary of the Treasury shall instruct the United States executive director to each international financial institution to oppose and vote against--

(1) any extension by the respective institution of any loan, credit, or guarantee to the Government of Zimbabwe; or

(2) any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to the United States or any international financial institution.

(d) PRESIDENTIAL CERTIFICATION THAT CERTAIN CONDITIONS ARE SATISFIED- A certification under this subsection is a certification transmitted to the appropriate congressional committees of a determination made by the President that the following conditions are satisfied:

(1) RESTORATION OF THE RULE OF LAW- The rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech and association, and an end to the lawlessness, violence, and intimidation sponsored, condoned, or tolerated by the Government of Zimbabwe, the ruling party, and their supporters or entities.

(2) ELECTION OR PRE-ELECTION CONDITIONS- Either of the following two conditions is satisfied:

(A) PRESIDENTIAL ELECTION- Zimbabwe has held a presidential election that is widely accepted as free and fair by independent international monitors, and the president-elect is free to assume the duties of the office.

(B) PRE-ELECTION CONDITIONS- In the event the certification is made before the presidential election takes place, the Government of Zimbabwe has sufficiently improved the pre-election environment to a degree consistent with accepted international standards for security and freedom of movement and association.

(3) COMMITMENT TO EQUITABLE, LEGAL, AND TRANSPARENT LAND REFORM- The Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program consistent with agreements reached at the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998.

(4) FULFILLMENT OF AGREEMENT ENDING WAR IN DEMOCRATIC REPUBLIC OF CONGO- The Government of Zimbabwe is making a good faith effort to fulfill the terms of the Lusaka, Zambia, agreement on ending the war in the Democratic Republic of Congo.

(5) MILITARY AND NATIONAL POLICE SUBORDINATE TO CIVILIAN GOVERNMENT- The Zimbabwean Armed Forces, the National Police of Zimbabwe, and other state security forces are responsible to and serve the elected civilian government.

(e) WAIVER- The President may waive the provisions of subsection (b)(1) or subsection (c), if the President determines that it is in the national interest of the United States to do so.

SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS AND INDEPENDENT MEDIA, AND THE RULE OF LAW.

(a) IN GENERAL- The President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 to--

(1) support an independent and free press and electronic media in Zimbabwe;

(2) support equitable, legal, and transparent mechanisms of land reform in Zimbabwe, including the payment of costs related to the acquisition of land and the resettlement of individuals, consistent with the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare, Zimbabwe, in September 1998, or any subsequent agreement relating thereto; and

(3) provide for democracy and governance programs in Zimbabwe.

(b) FUNDING- Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 for fiscal year 2002--

(1) $20,000,000 is authorized to be available to provide the assistance described in subsection (a)(2); and

(2) $6,000,000 is authorized to be available to provide the assistance described in subsection (a)(3).

(c) SUPERSEDES OTHER LAWS- The authority in this section supersedes any other provision of law.

SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE.

It is the sense of Congress that the President should begin immediate consultation with the governments of European Union member states, Canada, and other appropriate foreign countries on ways in which to--

(1) identify and share information regarding individuals responsible for the deliberate breakdown of the rule of law, politically motivated violence, and intimidation in Zimbabwe;

(2) identify assets of those individuals held outside Zimbabwe;

(3) implement travel and economic sanctions against those individuals and their associates and families; and

(4) provide for the eventual removal or amendment of those sanctions.

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THE former South African president, Nelson Mandela, has lent his weight to the need for a free and fair Presidential election in Zimbabwe next year, supporting his successor's tougher stance on President Mugabe. Mandela, the winner, with former prime minister F W de Klerk, of the 1993 Nobel Peace Prize, said yesterday it was only reasonable for Mbeki to get tougher with Mugabe, after realising his "quiet diplomacy" was not working. Mandela, the 83-year-old first president of a democratic South Africa, said it was clear Mugabe did not listen to advice from his colleagues on the need to restore the rule of law. Mugabe has refused to carry out lawful land reform, or to adopt minimum conditions for a free and fair election. The man who spent 27 years in prison for his struggle against apartheid, was speaking to journalists in the Western Cape where he was visiting a number of schools. Mandela said it was not too late to ensure a successful election in Zimbabwe. He said: "Let us not close the possibility of succeeding, because there are increasing pressures now." Mandela said he was optimistic that a new Southern Africa Development Community taskforce, appointed in September to monitor the restoration of the rule of law in Zimbabwe, would prove effective. He praised Mbeki's more forthright stance on Zimbabwe, but said the South African government had been right to try "quiet diplomacy" at first. "He adopted the correct policy at first. He wanted to speak through diplomatic channels and that is the proper course for a head of state to follow," Mandela said. "It is quite clear now that Mugabe has not listened to him and that is why Thabo Mbeki is getting tough." Mandela said Mbeki was "no longer just the president of South Africa . . . to a very large extent he is president of Africa as well". Mbeki, sources in his government said, is making it plain to Mugabe that the Zimbabwean leader could no longer expect his protection over the escalating crisis in the country. Mbeki, who last week warned of civil conflict if the Presidential poll was not free and fair, is losing patience over the Zimbabwean crisis as Mugabe refuses to listen to advice from his colleagues in the region. MDC vice-president, Gibson Sibanda, said of Mbeki's tough stance on Mugabe: "He hasn't done enough, but we appreciate that he's already sending the correct signals to Mugabe to restore the rule of law and prepare for free and fair elections." Zanu PF and government spokesman, Jonathan Moyo, yesterday said he would not comment on Press reports attributed to Mbeki because the South African president had not said anything officially to the Mugabe government. The State media, however, yesterday attacked Mbeki, attributing his new position against Mugabe to the recently-forged alliance between his African National Congress (ANC) and the New National Party (NNP) which, as the National Party, introduced apartheid in South Africa in 1948. The NNP has severed its links with the Democratic Party led by Tony Leon, widely attacked by Moyo as racist and pro-MDC, to form an alliance with the ANC. Mugabe has recently faced growing foreign pressure to ensure a free and fair Presidential election and the freedom of the Press. The United States has moved close to imposing targeted sanctions against him and senior government and Zanu PF officials. The European Union is tightening the screws around Mugabe over the governance issues. - Staff Reporter/ Reuter

From Our Correspondent in Gweru Officials at the government's Central Mechanical Equipment Department (CMED) have been accused of causing the death of Border Gezi, the Minister of Youth, Gender and Employment Creation, in a road accident near Mvuma early this year, after they negligently fitted a defective tyre on his official Mercedes Benz vehicle. Handing down the verdict of an inquest into the death of Gezi and his driver Nicholas Murondatsimba on Friday, the coroner, Oliver Mudzongachiso, accused the CMED officials of lying about the condition of the tyre during cross-examination. Gezi and Murondatsimba died on the spot when the ministerial car burst a tyre, veered off the road and overturned at the 200km peg along the Harare-Masvingo road on 28 April. Mudzongachiso, in his 150-page long verdict, said Fidelis Muchenje and Langton Chatama, the two senior officials at the VVIP section of the CMED, acted negligently when they fitted a wrong tyre to Gezi's ministerial Mercedes Benz on 19 February. The defective tyre later peeled off and caused the accident. "Due to momentum which was caused when the left rear tyre failed and the vehicle swerved to the right, it swung around, faced east, careered by the back and in the process hit on to three trees and ended up resting upon a huge gum tree facing west." "Due to the impact upon the trees, the two met their deaths," said Mudzongachiso. He said the two witnesses lied in order to distance themselves from the tyre which later peeled off, and tried to clear themselves from the negligence allegations. During cross-examination, Muchenje, an artisan at the CMED VVIP depot, denied having seen the tyres which were presented before the court as exhibits. He told the court that the tyre which caused the accident was not the one he had fitted. "When Muchenje was shown the blown-up tyre, he started to backtrack, saying he did not know it and made weird suggestions that it could have been fitted elsewhere," said Mudzongachiso. "He then changed and said he had fitted the tyre on the right rear side and not the left rear. On another plane, he readily admitted he was not allowed to fit different tyres on a vehicle. "This witness's testimony readily confirms that indeed the tyre he fitted was on the left rear, but when he realised it, he began to throw spanners at every possible avenue, he knew that this issue had drastic consequences." The evidence by Chatama, the acting foreman and inspector at the CMED VVIP section, was also dismissed as incoherent and untrue. Despite being shown an exhibit which suggested that the car had been brought to the depot on 19 February for a tyre repair, Chatama still insisted that the correct date was 28 February. He said Gezi's car had come for general service and not specifically for tyre repair. Chatama said it was only after routine service that he discovered the worn-out tyre, and instructed Muchenje to replace it. He later turned around and said he did not see the tyre and was not there when it was fitted to Gezi's car. The inquest, which took nearly two weeks, involved a visit to the scene of the accident, a study of eyewitness accounts as well as police reports on the accident.