(TALKZIMBABWE, WIKILEAKS CABLES) Zim sanctions illegal, says some EU members

Sunday, February 06, 2011

(TALKZIMBABWE, WIKILEAKS CABLES) Zim sanctions illegal, says some EU members

Zim sanctions illegal, says some EU members
By: Philip Murombedzi
Posted: Sunday, February 6, 2011 10:26 am

THREE confidential diplomatic cables released at the weekend by whistle-blowing website WikiLeaks reveal serious divisions within the European Union over legality of sanctions against Zimbabwe. President Mugabe and his Zanu-PF party have always maintained that sanctions against Zimbabwe lacked legal value as they were not backed by a United Nations resolution.

The secret dispatch reveals that Germany has always been questioning the legality of the measures, with the UK pushing for their imposition without the appropriate UN resolution.

Greece, Spain and Italy are also unsupportive of the measures as they view them as largely illegal.

One of the cables revealed that "there has been some opposition to additional sanctions amongst EU partners".

"Germany continues to question the legality of some of the instruments, and some of the Southern European states (like Greece, Spain, and Italy) have their 'usual existential problems with sanctions'."

Under Chapter VII of the Charter, the Security Council can take enforcement measures to maintain or restore international peace and security. Such measures range from economic and/or other sanctions not involving the use of armed force to international military action.

Britain has been on a collision course over the sanctions with these four countries and the British Prime Minister Gordon Brown found it very difficult to get his way over the sanctions issue.

Non-EU countries like Russia and China have also expressed their disdain for the measures saying the situation in Zimbabwe does not pose a threat to international peace and security.

Brown tried and failed, to get the UN Security Council to impose sanctions on Zimbabwe. This means that the measures imposed by the EU and US have remained illegal under international law.

Russia and China used their veto power within the UNSC to block any sanctions against Zimbabwe.

One of the cables reveals that Brown had his "nose bloodied" over the veto and turned to the EU to impose sanctions on Zimbabwe.

UNDERESTIMATED EU OPINION

Another cable leaked on Friday last week also showed that the UK underestimated China's opinion on the situation in Zimbabwe.

Then British minister for Africa, Lord Malloch-Brown thought China would vote against Zimbabwe or at least abstain from a crucial vote on Zimbabwe.

Malloch-Brown was quoted saying: "China will likely do the right thing because it does not want another human rights fight on its hands before the Olympics."

"Russia, however, was more problematic. President Medevev agreed to the G-8 Summit statement that implied sanctions, but seemed to walk back from that in statements he made today," read the cable.

China and Russia later used their veto powers to block the resolution to impose sanctions on Zimbabwe.

The sanctions have, therefore, remained illegal.

EU countries questioned the legality of economic sanctions against Zimbabwe without going through the United Nations. From The Telegraph (UK):

http://213.251.145.96/cable/2008/07/08LONDON1853.html

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TAGS: PREL PHUM UNSC KDEM ZI ZU UK
SUBJECT: ZIMBABWE: UK LOOKS FOR WAY FORWARD, TURNS TO EU
FOR SANCTIONS

Classified By: Political Counselor Richard Mills, reasons 1.4(b/d).

¶1. (C/NF) The Foreign Office continues to treat the situation in Zimbabwe as a crisis. After the July 11 defeat of the U.S. draft UNSCR on Zimbabwe, FCO Zimbabwe Team Leader Ben Llewellyn-Jones said July 14 HMG will "give Zimbabwe a break in the Security Council for a little while," especially since Prime Minister Brown feels as though "his nose has been bloodied" by the Russians. Instead, he said, HMG will pursue EU sanctions. The UK is aiming for three measures: add an additional 36 or 37 individuals to the current asset freeze and travel ban; sanction approximately ten companies; and limit the exceptions that allow Mugabe and others in the regime to travel to the EU, as Mugabe did for the Lisbon Summit and the UN World Food Summit in Rome. The FCO has requested, to the extent possible, the USG provide names and details of companies already subject to U.S. sanctions. Embassy London requests the Department consider sharing company names and details with HMG to bolster the UK's argument for EU sanctions.

¶2. (C/NF) Llewellyn-Jones said there has been some opposition to additional sanctions amongst EU partners. Germany continues to question the legality of some of the instruments, and some of the Southern European states (like Greece, Spain, and Italy) have their "usual existential problems with sanctions." He said the U.S. could be helpful in two ways with specific groups of European countries. He thought a general demarche to the entire EU would be counterproductive. First, he suggested, the USG could approach UNSC member states in Europe to encourage them to weigh in the EU to push forward tougher EU measures. Second, he said, the USG could approach Eastern European states (like Slovakia, the Czech Republic, and Hungry) to encourage them to support EU sanctions. Llewellyn-Jones said that Foreign Secretary Miliband thought that Russia's veto in the Security Council could be useful in engaging these states. Miliband's view was that these states could be encouraged to support EU sanctions "as advocates of democracy, unlike Russia." Miliband also specifically suggested that engaging Georgia to reinforce democracy would be fruitful. Llewellyn-Jones said HMG would approach Germany and the Southern European states separately.

¶3. (C/NF) Llewellyn-Jones also said Miliband had asked Her Majesty's Treasury to look into financial flows of funding to the regime to see what pressure, if any, could be applied that way. Visit London's Classified Website: XXXXXXXXXXXX TUTTLE

SOMALIA/ZIMBABWE/SOUTH AFRICA: UK MINISTERS ON RESOURCES, SANCTIONS, AND RELATIONS
Passed to the Telegraph by WikiLeaks 9:03PM GMT 04 Feb 2011

Ref ID: 10LONDON132
Date: 1/21/2010 13:46
Origin: Embassy London
Classification: CONFIDENTIAL//NOFORN
Destination: 10LONDON89

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Tags: PREL,ETTC,PGOV,SO,ZI,SF,ZU,XW,UK

C O N F I D E N T I A L SECTION 01 OF 02 LONDON 000132 SIPDIS NOFORN DEPARTMENT FOR AF/FO, AF/E, AND AF/S E.O. 12958: DECL: 01/21/2020 TAGS: PREL, ETTC, PGOV, SO, ZI, SF, ZU, XW, UK
SUBJECT: SOMALIA/ZIMBABWE/SOUTH AFRICA: UK MINISTERS ON RESOURCES, SANCTIONS, AND RELATIONS
REF: LONDON 89 Classified By: Political Counselor Robin Quinville, reasons 1.4 (b/d).

1.(C/NF) Summary. UK ministers agreed new resources for the implementation of its Somalia policy at a January 18 meeting of the cabinet sub-committee on Africa. They also decided to support, within the EU, a minimal lifting of sanctions on Zimbabwe by delisting the eight parastatals requested by Finance Minister Tendai Biti as well as a few individuals

-- a position initial agreed with EU partners in Brussels on January 21. Ministers also agreed that the UK's priorities for South Africa are to see it play a more effective role in Africa and to have South Africa's international agenda more aligned with the UK's. End summary.

Somalia: More Resources Approved --------------------------------

2.(C/NF) At a January 18 meeting of the sub-cabinet committee on Africa, UK ministers agreed reftel proposal to put more resources to its Somalia policy, Cabinet Office Senior Africa Advisor Paul Godrey and Africa Advisor Gareth Hughes told Poloff January 21. Godfrey said the UK's new total annual bilateral support to Somalia will be almost GBP 35 million (USD 56 million): GBP 23 million (USD 36.8 million) split evenly between humanitarian and development assistance; GBP 1.5 million (USD 2.4 million) for counter-terrorism; GBP 1.2 million (USD 1.92) in UK Navy operations; and GBP 9 million (USD 14.4 million) in conflict prevention funding. Ministers also agreed that if the international community puts additional resources to development assistance and agrees a comprehensive approach to Somalia, the UK would be willing to increase its development funding. Ministers also want to see that funding is spent in such a way that it has a tangible impact on the ground. Following the sub-cabinet committee meeting, the UK plans to raise Somalia and its development support from partners with various members of the international community, including the USG. Additionally, the UK plans to lobby hard within the EU to make Somalia a priority. Godfrey said the UK is already getting some traction on its EU lobbying efforts with EU High Representative Cathy Ashton.

3.(C/NF) Godfrey confirmed that the UK will open a "shadow embassy" for Somalia in Nairobi, hopefully during the summer of 2010.

Zimbabwe: Minimal Lifting of EU Sanctions -----------------------------------------

4.(C/NF) Godfrey said after "tortuous" discussions of the EU's sanctions on Zimbabwe, UK ministers agreed to support within the EU the de-listing of (1) the eight parastatals requested by Zimbabwean Foreign Minister Tendai Biti, (2) any persons on the list who has died, (3) a Lebanese national (NFI), and (4) former ZANU-PF supporter Dr. Dumiso Dabengwa. Godfrey said the EU already agreed initial consensus on this position at a meeting in Brussels on January 20. Godfrey said the sanctions are scheduled to be renewed for 12 months on February 20. Godfrey explained that UK ministers agreed that there had been some economic progress, but that there had been no real political concessions by ZANU-PF. ZANU-PF still controls the main levers of power, and any progress to date is still reversible.

South Africa: Needs to Be More Effective in AF, Better International Partner ---------------------------------------------

--

5.(C/NF) Godfrey said that in a brief discussion of the UK's relations with South Africa in the run-up to President Zuma's March state visit to the UK and the 2010 World Cup, Foreign Secretary David Miliband said that the UK's priorities with South Africa are having it play a more effective role in Africa and making South Africa more aligned with the UK's international agenda. Godfrey said the latter objective became clear to Miliband after South Africa's difficult rotation on the UNSC and its "awkward squad" role at LONDON 00000132 002 OF 002 Copenhagen. Miliband said there is the sense that South Africa is a "moral arbiter" for the G-77 and African countries, and it is important to bring them on the UK's side. Visit London's Classified Website: XXXXXXXXXXXX ed_Kingdom SUSMAN

http://213.251.145.96/cable/2008/07/08LONDON1823.html

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TAGS: PREL PHUM UNSC ZI UK
SUBJECT: ZIMBABWE: UK OPTIMISTIC ON UNSC RESOLUTION

REF: SECSTATE 73173

Classified By: Political Counselor Richard Mills, reasons 1.4 (b/d).

¶1. (C) Per reftel, the Charge spoke on July 9 with FCO Minister for Africa Lord Malloch-Brown, who was optimistic there would be sufficient votes to pass the current UNSC draft resolution on Zimbabwe. Malloch-Brown suggested progress had been made with Moscow and Beijing in New York and at the G-8 Summit in Japan. In his view, China will likely do the right thing because it does not want another human rights fight on its hands before the Olympics. Russia, however, was more problematic. President Medevev agreed to the G-8 Summit statement that implied sanctions, but seemed to walk back from that in statements he made today. FCO Zimbabwe Desk Ben Llewellyn-Jones told us that the PM,s Foreign Policy Advisor, Simon MacDonald, called his Russian counterpart to lobby in favor of the resolution, but did not receive any assurances. When directly asked, the Russians did not say if they would veto. Given the current frosty UK-Russia relations, Malloch-Brown said USG engagement with the Russians might be more effective. He also questioned if Moscow would really want to use its veto on this issue.

¶2. (C) Malloch-Brown said Ouagadougou is "on our side" from what the UK Embassy in Burkina Faso is reporting, but that the Zimbabwean Foreign Minister's visit will test the depth of that commitment. On Libya, Malloch-Brown said that UK Foreign Secretary Miliband had telephoned the Libyan Foreign Minister, who was ambiguous but promised to be as supportive as possible. Visit London's Classified Website:XXXXXXXXXXXX LeBaron

Labels: EU, GORDON BROWN, SANCTIONS, WIKILEAKS CABLES, ZDERA