ZDERA conditions for lifting sanctions
THE United States government justified its crafting of the Zimbabwe Democracy and Economic Recovery Act (ZDERA), saying it wanted to support Zimbabwe achieve democratic ideals and economic recovery. By whatever entitlement it had, the US was not happy with the policies of the Zimbabwe Government. It has never explained why it so badly wanted and wants to help Zimbabwe achieve the said democratic ideals and economic recovery. The purpose of the Act is explained in the full title.
Under ZDERA, the US government promised to provide bilateral debt relief and multilateral debt relief, as well as other forms of financial assistance, to Zimbabwe. However, to qualify for the funds, the Zimbabwe Government had to and still has to fulfil conditions imposed on it by the US, namely, effecting peaceful democratic change; achieving broad-based and equitable economic growth; and restoring the rule of law.
The first condition of “effecting democratic change” is the sticking point and the most contentious. Democracy is an unquantifiable notion which the US itself and all countries grapple with. Many Zimbabweans were naturally uneasy about the prospect of democratic change superintended by the US.
Throughout history, the US has been charged with interfering with the internal politics of developing countries and installing puppet leaders.
After the enactment of ZDERA, the phrase “regime change” was a dangerous prospect on which everything political turned. Woe betides anyone or any organisation suspected of plotting or supporting the US’ regime change agenda, disguised as democratic reforms.
Section 5(b) of ZDERA ostensibly allocates funds enabling the US government to provide financial assistance to support initiatives and programmes to promote democracy and governance. Funds are also allocated to support an independent and free press and electronic media. There are funds allotted to“supporting equitable legal and transparent land reform in Zimbabwe”. This is a highly significant but less known provision.
The US pledged to pay some of the costs of land acquisition and resettlement. The original Act of 2002 authorised the provision and disbursement of million for land reform and land redistribution. In addition, million was set aside for democracy and governance programmes.
For a long time, the Zimbabwe Government has accused various US-sponsored agencies of funding civil society organisations and non-governmental organisations (NGOs) to support the opposition to effect regime change through these “democracy funds”. No wonder the perennial uneasy relationship between Government and some Western-sponsored NGOs. It is believed this is the reason the Zimbabwe Government has been furtively pushing for amendments to the Private Voluntary Organisations Act to keep them in check.
When would Zimbabwe qualify for removal of sanctions?
This would be only when the US president is satisfied that the Zimbabwe Government has fulfilled the conditions of ZDERA. Only if the US president is personally satisfied, using the information supplied to him, will he issue a certificate to authorise his Congress committees to approve the bilateral and multilateral debt relief and financial assistance. If the US president does not approve, then the sanctions will continue.
When does the US president approve?
Below are some of the conditions set by the US for the approval to happen.
1) When the rule of law has been restored in Zimbabwe. When property rights are respected and there is no arbitrary dispossession of private property by the State. When there is freedom of speech and of association.
2. When a Zimbabwean presidential election is accepted as free and fair by independent international monitors and if the president-elect is allowed to assume office. When pre-election conditions are improved to enable an environment that promotes free and fair elections, where all candidates are able to campaign freely and fairly.
3. When the Zimbabwe Government demonstrates commitment to administering land reform and distribution in a legally sound and equitable manner, in line with the agreements of the International Donors Conference on Land Reform and Resettlement held in September 1998.
4. Withdrawal from the Democratic Republic of Congo war was one of the conditions but has since fallen away. Zimbabwean troops were withdrawn from the Congo by 2003.
5. When the security sector, the army and the police have been reformed and depoliticised and are totally under the control of the civilian government.
Of significance is the waiver accorded by Section 4(5)(e). It empowers the US president to override and set aside the provisions of ZDERA if it is in the best interests of the US government. The US unapologetically looks out for its own political and economic interests in all global interactions. The US legislation typically has provisions to allow them to set aside laws if they have something to gain.
ZDERA is not only against targeted individuals as claimed. The sanctions are mainly applied against the Government of Zimbabwe and they affect ordinary people.