decades ago, have little political relevance or connection with the current ZANU PF government or are
since deceased. The Executive Order has been continued, as amended, every year since its introduction.
ZIDERA
The second form of sanctions are against Zimbabwe itself (rather than individuals and entities) and arise
from the Zimbabwe Democracy and Economic Recovery Act (Public law 107-99, ZDERA or ZIDERA) of 21
December 200113. Section 4(c)(1) of the Act requires the Secretary of the Treasury to instruct the United
States’ executive directors to major and specified international financial institutions14 (IFIs) to vote
against the grant of any loans to the Government of Zimbabwe “except as may be required to meet
basic human needs or for good governance.” In addition, ZDERA provides that the United States
Government will withhold funding for the African Development Fund equivalent to any funding provided
to Zimbabwe through Pillar II15 for arrears clearance.’’16 These requirements are only to be removed
upon certification by the US President17 that Zimbabwe has met certain conditions (revised in June 2018)
many of which relate specifically to the then pending elections in 2018, and probably require further
amendment. The President of the US may waive the requirement of meeting the conditions if he or she
believes this to be in the national interest. The general conditions18 are that:
a) 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;
b) the Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and
transparent land reform;
c) the government implement the 2013 constitution – particularly by “aligning” all legislation that
predated the constitution with its provisions and implementing its devolution requirements;
d) the Government demonstrates a sustained commitment to reforming Zimbabwe’s economy;
e) the government accounts for diamond revenue in a transparent and credible manner;
f) the Zimbabwean Armed Forces, the National Police of Zimbabwe,19 and other state security
forces are responsible to and serve the elected civilian government.
Specific conditions relating to elections are:
a) the voters roll is released in printed and digital format;
b) ZEC is permitted to carry out its functions in an entirely independent manner;
c) the Defence Forces of Zimbabwe are neither permitted to actively participate in campaigning for
any candidate nor to intimidate voters, and must verifiably and credibly uphold their
13
http://www.veritaszim.net/node/3753 .
International Monetary Fund; International Bank for Reconstruction and Development, the International
Development Association (together called the “World Bank”); the International Finance Corporation, the InterAmerican 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 (section 3 of ZDERA).
15
The African Development Fund provides support through three pillars: Pillar I – funding for state-building; Pillar II
arrears clearance for loans contracted with the international community; Pillar III capacity building and technical
assistance.
16
Section 4(c)(2).
17
Section 4(c)(1) of ZDERA.
18
Set out in section 4(d) as amended.
19
This is the nomenclature for these services used by ZDERA.
14
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