STATEMENT
BY
HONOURABLE ZIYAMBI ZIYAMBI
MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
ON THE OCCASION OF THE
CONFERENCE ON
SANCTIONS, BUSINESS AND HUMAN RIGHTS
GENEVA, SWITZERLAND
21 NOVEMBER 2024
Your Excellency Ambassador Alexander Deleuze, Chairperson of this august gathering,
Prof. Alena Douhan, Special Rapporteur and Moderator of our session,
Your Excellencies, Colleague Ministers and Deputy Ministers,
Your Excellencies, Ambassadors and Permanent Representatives,
Distinguished Guests,
Ladies and Gentlemen,
It is my profound honour to address thisinaugural International Conference on Sanctions, Business and Human Rights. I wish to express Zimbabwe’s gratitude to the Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment of human rights, Professor Alena Douhan and the Group of Friends in Defence of the Charter of the United Nations for organizing this important and timely meeting to exchange views on an issue of serious concern to our countries.
I wish from the outset to thank the Special Rapporteur for her sterling efforts in creating awareness on the negative and far-reaching impact of unilateral coercive measures on the generality of the populations in the targeted countries. Zimbabwe welcomes her extensive research on the widespread use of sanctions, including secondary sanctions and over-compliance. Let me assure you, Madame Special Rapporteur, of my country’sfull support for your continued work towards identifying and proposing concrete measuresagainst the use of these injurious UCMs andyour strong advocacy for their removal.
Your Excellencies,
For more than two decades, Zimbabwe has been subjected to unilateral sanctions imposed by the United States of America and the European Union. In 2019, the United Kingdom of Great Britain and Northern Ireland imposed its own regime of sanctions against my country when it adopted the Zimbabwe (Sanctions) (EU Exit) Regulations. All these measures, mischievously packagedas targeted and isolated, have in reality been sweeping, indiscriminate and detrimental to the livelihoods of all Zimbabweans.
Zimbabwe’s justified, historically corrective and irreversible Land Reform Programmeprompted the United States of America (USA) to impose illegal and unjustified sanctions under the Zimbabwe Democracy and Economic Recovery Act (ZIDERA) of 2001, which was amended to further tighten its provisions and is extended annually. In it, the US Government, inter alia, “instructs the US Executive Director to each International Financial Institution to oppose and vote against any extension by the respective institution of any loan, credit, or guarantee to the Republic of Zimbabwe or any cancellation or reduction of indebtedness by the Republicof Zimbabwe to the US or any International Financial Institution”.
The European Union (EU) also introduced its own sanctions in February 2002. While the EU lifted most of its sanctions in 2014, an arms and equipment embargo and assets freeze against the Zimbabwe DefenceIndustries, remain in place. The maintenance of these sanctions has placed a heavy burdenon the dutiful efforts of the Zimbabwe Defence Forces to support humanitarian activities in situations of distress, carry out search and rescue operations as well as to assist with reconstruction in the aftermath of the calamities such as the devastating Cyclone Idai.
These sanctions violate Article 41 of the United Nations Charter, which states that sanctions can only be decided on by the UN Security Council. The Vienna Declaration and Programme of Action calls on States to refrain from any unilateral measures not in accordance with international law and the UN Charter as they create obstacles to trade relations among States and impede the full realisation of human rights.
The United Nations Conference on Trade and Development (UNCTAD) at its 14thMinisterial Session held in Nairobi, Kenya in 2016, strongly urged States to refrain from promulgating and applying any unilateral economic, financial or trade measures not in accordance with international law and that impede the full achievement of economic and social development, particularly in developing countries.
Your Excellencies,
The impact of these sanctions is both profound and multifaceted. Zimbabwe has lost well over US$42 billion in revenue over the past twenty years. This includes losses in bilateral donor support estimated at US$4.5 billion annually since 2001, US$12 billion in loans from the International Monetary Fund, the World Bank and African Development Bank, commercial loans of US$18 billion and a GDP reduction of US$21 billion. Consequently, the significant progress that Zimbabwe had made in the development of infrastructure, as well as health, education and other social service delivery systems has been severely undermined and reversed. This has not only resulted in the most vulnerable sections of the population sinking deeper into poverty, but has also eroded the country’s capacity to attain the Sustainable Development Goals (SDGs).
Your Excellencies,
Zimbabwe’s Balance of Payments position has deteriorated significantly since the imposition of the sanctions. The country’s access to international credit markets was blocked following the enactment of ZIDERA. Due to declining external budgetary support, Zimbabwe’s budget deficit has largely been financed from domestic borrowing, which has forced the country to operate on a cash budget and triggered high inflation.
The combined effect of the external debt arrears and the sanctions has made it difficult for Zimbabwean companies to access offshore loans, or they have done so at punitive and exorbitant interest rates. In the same vein, Zimbabwean importers have to pay cash up front, resulting in a significant squeeze on private sector cash flows.
Zimbabwean banks and money transfer agencies also face challenges in meeting customer obligations, including Diaspora remittances into the country, owing to the termination of correspondent bank arrangements between local banks and international financial institutions. Funds are periodically intercepted, and money transfer companies become victims of long and tedious investigations on specific transactions.
Furthermore, the imposition of secondary sanctions, civil and criminal penalties for alleged circumventing or assisting in the circumvention of primary sanctions regimes,has resulted in de-risking and over-compliance by entities. Over-compliance has compelled the Government, businesses, humanitarian organizations and individuals to explore alternative ways to procure critical goods and services, leading to high costs of goods and services.
Your Excellencies,
In addition to the impact on the financial services sector, the sanctions brought a myriad of challenges on all other sectors of the Zimbabwean economy. In the agricultural sector, failure to access lines of credit and toattract investment, seriously impededdevelopment, rehabilitation and modernisationof equipment and machinery, leading to a reduction in productivity.
The market access for horticultural products, sugar, beef and cotton, among other produce, was also negatively affected as the country lost its niche and lucrative markets.
The capital-intensive mining sector suffered a lack of much-needed investment and lines of credit due to bad publicity and propaganda.Diamond mining companies are forced to sell on an ex-works basis instead of free-on-board or delivered basis and at discounted prices of more than 25 percent below normal prices.
The limited access to credit lines and financial support also impacted negatively on the rate of implementation of capital projects, resulting in the deterioration of the country’s infrastructure. In the energy sector, this has led to unreliable power supply and prolonged power outages.
Further, the termination of credit facilities to oil importers, affected the country’s ability to secure adequate fuel supplies, thereby increasing the cost of production, public transportation costs as well as prices of goods and services.
Your Excellencies,
Zimbabwe has continued to introduce reforms in human rights, governance, and socio-economic policies to improve citizens’ welfare and strengthen international relations. Yet, despite these concerted efforts, my countryfaces continued criticism from sanctioning states in order to justify their machinations. Zimbabwe is not only being punished for asserting its people’s right to repossess theland that we were forcibly disinherited of by the former colonisers, but is also being used as an example to deter other countries in the region from pursuing a similar decision towards reparative justice.
In this regard, I reiterate Zimbabwe’s denunciation of these unilateral coercive measures which are foreign policy instruments deliberately aimed at subverting our Governments and undermining our sovereignty. We call for the immediate removal of these illegal sanctions.
We reject the claims that sanctions are “targeted on a few individuals”. This narrative by the sanctioning States is grossly misleading and hypocritical, especially in light of well-documented evidence of the devastating impact of unilateral coercive measures on the innocent populations that the sanctions are purportedly designed to protect.
Your Excellencies,
Zimbabwe calls upon the international community to recognise that sanctions are an affront to our sovereignty and our people’s right to self-determination. We urge all nations to adhere to international law and to the purposes and principles as enshrined in the UN Charter. We seek not charity but fairness, not favouritism but justice – a level playing field that allows us to fairly engage in global trade, attract investment, and fulfil the aspirations of our people to live in dignity and prosperity. Zimbabwe stands ready to engage in constructive dialogue, foster mutual respect and understanding, and build bridges that unite rather than divide our global community.
I wish to conclude by welcoming the Special Rapporteur’s effort to ensure the adequate monitoring and assessment of the impact of UCMs and over-compliance, and call for its implementation at the United Nations level through a universal, inclusive, comprehensive, systematic, transparent, and evidence-based monitoring and impact assessment mechanism.
We take note of the Guiding Principles on Sanctions, Business, and Human Rights developed by the Special Rapporteur and look forward to the exchange of views in this august gathering to strengthen this important document for possible adoption and implementation.
I thank you.