To the European Union (EU) v Regarding the multilateral process: to take into account the particular weight and crucial facilitator role played by the SADC in the reform agenda and consequently to urgently pursue formal and informal exchanges with its member States in order to secure their commitment to support the implementation of the GPA and to adopt much stronger positions against Zimbabwe if needed. To use also the dialogue and other opportunities with the African Union to obtain its support to the process; v Regarding the restrictive measures that had been taken in the fields of Common Foreign and Security Policy (CFSP) and pursuant to Article 96 of the Cotonou Agreement: to ensure that the current process of the removal of the restrictive measures is effectively progressive, cautious and directly linked to progress made by the Zimbabwean parties to implement the SADC roadmap. To that end: – Link any further removal of targeted restrictive measures to a peaceful, fair and credible constitutional referendum; but also to the adoption of a new constitution that satisfies high standards of protection of human rights and human rights defenders, to the independent, transparent and efficient functioning of the Human Rights Commission, to the establishment and efficient functioning of an independent and impartial body responsible for the running of elections; – Make sure that restrictive measures are conversely reinstated in case no further progress is made in those fields, or if regress is observed in the implementation of the GPA and SADC roadmap; – Ensure that the independent civil society organisations are involved in the process of assessing progress made. v Regarding the persistence or even the resurgence of the trend of arbitrary arrests and detentions of human rights defenders, the numerous cases of reprisals for exercising the right to freedom of peaceful assembly, harassment of the media: – Encourage and ensure that the delegations and Head of Missions take all conservatory, protective, preventive and reactive measures, including local statements and proactive démarches in line with the various EU Guidelines, in particular the EU Guidelines on Human Rights Defenders, notably through: - regular meetings with human rights defenders; - prison visits to human rights defenders detained; - observation of trials held against human rights defenders as a means to sanction their human rights activities; – Systematically condemn harassment, arrest and violence against human rights defenders, urge all responsible parties to put an end to these activities, stress that those responsible for such abuses and violation be held accountable, all this also by highest level public statements; – Reinstate however target restrictive measures if no further progress is achieved in those fields; – Continue in any case to use the flexible instruments at its disposal as the European Instrument for Democracy and Human Rights (EIDHR) and the Instrument for Stability to face urgent needs and complement the activities financed under other budgetary lines in support to GPA and SADC roadmap implementation; v Concerning the current preparation of the Country Strategy Paper in the framework of the European Development Fund: – Set a scenario-based approach, recognising that assistance will need to be adapted depending on which scenario Zimbabwe is in. This Flexible Scenario-Based Response Strategy should distinguish between: 1) short term perspective and alternative means to provide financial and technical aid in case of regress and/or increasing violence and violations; 2) support to mid-terms measures and reforms to ensure fair and peaceful election process and GPA implementation; 3) support to long terms measures provided by traditional governmental channels in case of engagement in stabilisation process: immediate results must be sought in terms of protection of human rights defenders, freedoms of expression and association, constitutional reforms; intermediary results have to be achieved in terms of investiga30 The Observatory ZIMBABWE: Ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period tions and prosecution of the perpetrators of the 2008 violations, removal of repressive legislation as POSA, AIPPA and the Criminal Law (Law Reform and Codification), dismantlement of the “infrastructure of violence”, comprising youth militias, some soldiers, polices forces, intelligence operatives etc.; other results have to be sought such as reform of the judiciary (appointments, funding etc.), reform of the security sector, etc.; v Maintain the political dialogue provided for in Article 8 of the ACP-EU Partnership Agreement to support the implementation of the reforms foreseen in the GPA and be clear with the Zimbabwean counterparts that, in case of failure or recrudescing violence, all sanctions could be reinstated and could be supplemented by the suspension of trade facilities and agreements; v In fine, and as requested by the EU Strategic Framework and Action Plan on Human Rights and Democracy endorsed in June by the Council of the EU, to “make use of the full range of instruments at its disposal”, looking for the “best articulation between dialogue, target support, incentives and restrictive measures” “in all areas of its external action without exception” including “trade, investment […] corporate social responsibility, and development policy as well CFSP”12. To the African Commission on Human and Peoples’ Rights (ACHPR) v To examine, at its next session in May 2013, the situation of human rights in Zimbabwe and to adopt a resolution denouncing the violations of Zimbabwean human rights defenders’ rights; v To the Special Rapporteur on Human Rights Defenders in Africa of the ACHPR: to request and undertake a country visit to Zimbabwe. 12. See Council of the European union, EU strategic framework and action plan on human rights and democracy Luxembourg, 25 June 2012, 11855/12. The Observatory ZIMBABWE: Ongoing risks for human rights defenders in the context of political deadlock and pre-electoral period 31