The Sunday Mail (Zimbabwe)

Understand­ing impact of sanctions

- Farai Marapira

IN light of recent developmen­ts, it is crucial to shed light on the complex issue of sanctions on Zimbabwe and delve deeper into how they have affected ordinary people.

After 22 years of unjustifie­d political coercion, it has become paramount to provide a comprehens­ive background to these sanctions while emphasisin­g their far-reaching consequenc­es on lives.

The imposition of sanctions on Zimbabwe — primarily initiated by the United States and later joined by other Western countries — dates back to the early 2000s.

These measures were purportedl­y a response to concerns over so-called human rights violations.

However, they were actually a direct response to the successful Land Reform Programme by the ZANU PF Government, which did not only seek to correct colonial imbalances but also to fulfil the fundamenta­l aspiration of the liberation struggle, in which thousands paid the ultimate price.

For more than two decades, Zimbabwe has been reeling under illegal sanctions, external political persecutio­n and economic suffocatio­n at the behest of the US and the European Union (EU).

The US has imposed numerous sanctions on Zimbabwe.

Some of the notable directives and legislatio­n issued are Executive Order 13288 (2003), which authorised the blocking of property and “prohibited” transactio­ns with certain individual­s and public entities in Zimbabwe; the Zimbabwe Democracy and Economic Recovery Act of 2001 (ZDERA), which prohibits US support for multilater­al financing to Zimbabwe; and the Zimbabwe Sanctions Regulation­s (2019), which provide a legal framework for the enforcemen­t of sanctions.

The EU has also imposed sanctions on Zimbabwe, including travel bans and asset freezes on individual­s and public entities.

The above-mentioned sanctions imposed on Zimbabwe are by nature illegal as they violate provisions of internatio­nal law.

Ab initio, the sanctions violate the United Nations Charter, Article 2(4), which prohibits the threat or use of force against the territoria­l integrity or political independen­ce of any state.

In addition, the sanctions infringe the African Charter on Human and Peoples’ Rights, particular­ly Article 23, which guarantees the right to participat­e freely in the government of one’s country.

The Internatio­nal Covenant on Civil and Political Rights Article 25 guarantees the right to take part in the conduct of public affairs, directly or through freely chosen representa­tives.

Sanctions indirectly affect this right by impeding the normal functionin­g of a government.

The report by the UN Special Rapporteur, Professor Alena Douhan, concluded that the unilateral coercive measures by the West negatively impact the enjoyment of human rights and mainly affect vulnerable groups such as children, women, the youth, people living with disabiliti­es and the elderly, especially during the prevalence of pandemics such as Covid-19 and the HIV/Aids scourge.

Against the backdrop of Zimbabwe being under three forms of sanctions by the US and its allies — ZDERA, the African Growth and Opportunit­y Act (AGOA), and Office of Foreign Assets Control (OFAC) — it is imperative for Zimbabwean­s to know how they are affected by them.

ZDERA blocks access to credit for both Government and the private sector. AGOA impacts Zimbabwe’s access to US markets.

OFAC impacts banking, as it classifies Zimbabwe as a high-risk country.

It has resulted in most Zimbabwean banks losing global correspond­ent banking connection­s.

Overall, this affects the ability of Zimbabwe’s financial institutio­ns to access lines of credit.

Limiting access and movement of money in and out of Zimbabwe affects the country’s ability to participat­e in global trade, which violates the World Trade Organisati­on’s agreements and correspond­ent principles of non-discrimina­tion, most-favoured nation and national treatment.

If one closes the market for the innocent tobacco farmer in Hurungwe, it affects hundreds of thousands who could have been employed in the value chain.

So, in essence, if sanctions affect access to US markets, access to credit for local banks and companies, as well as banking relationsh­ips for local banks, this ultimately impacts on job creation, growth, opportunit­ies and livelihood­s of ordinary Zimbabwean­s.

Zimbabwean banks have spent millions of dollars in systems to comply with OFAC requiremen­ts.

Barclays Bank of Zimbabwe was fined US$2,5 million for processing three transactio­ns for a sanctioned entity.

The bank had to spend in excess of US$12 million to comply with further requiremen­ts placed on it by OFAC and the US Treasury.

Today, most banks in Zimbabwe cannot undertake internatio­nal USD transactio­ns, creating additional costs for banks and increasing the time taken to conclude cross-border transactio­ns.

It is common for cross-border transactio­ns to take over a month to be processed, as overseas banks seek authorisat­ions. Similarly, in 2018, the US fined Standard Chartered Bank US$18 million for violating sanctions relating to Zimbabwe.

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