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On Friday, SADC commemorated the fifth anniversary of the regional Anti-Sanctions Day. The Ministry of Justice, Legal and Parliamentary Affairs is at the centre of Zimbabwe’s multipronged efforts to lobby for the removal of the illegal embargo, which includes collaborating with the UN Special Rapporteur on the Negative Impact of Unilateral Coercive Measures on the Enjoyment of Human Rights, to amplify Zimbabwe’s position. In an interview with The Sunday Mail’s News Editor LINCOLN TOWINDO, Justice, Legal and Parliamentary Affairs Minister ZIYAMBI ZIYAMBI outlined ongoing efforts to secure the removal of sanctions and significance of regional solidarity against the coercive measures.
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Q: What is the significance of the SADC Anti-Sanctions Day in mobilising support for Zimbabwe’s position against sanctions?
A: The significance of October 25 as the regional Anti-Sanctions Day lies in the collective stance of SADC member states, who express their condemnation and opposition to the sanctions imposed on Zimbabwe.
These sanctions do not have any legal basis, as they were not authorised by the United Nations (UN).
Instead, the United States intervened in a bilateral issue between Zimbabwe and the United Kingdom stemming from our Land Reform Programme and imposed sanctions on us. Every year, on October 25, SADC member states express their solidarity with Zimbabwe, saying that Zimbabwe’s economic development should not be hindered by sanctions.
This is consistent with findings of UN Special Rapporteur on the Negative Impact of Unilateral Coercive Measures on the Enjoyment of Human Rights, (Professor) Alena Douhan, who investigated the impact of these unilateral measures.
She concluded that sanctions harm ordinary citizens more than their intended targets and urged those responsible to lift them, as they violate international law and human rights frameworks under the UN that you can think of. She found that sanctions actually hurt the ordinary people more than any other person.
So, as a region, we are calling on those who imposed these sanctions to acknowledge that they are illegal and a violation of human rights.
We are also puzzled that while Zimbabwe faces sanctions under the guise of human rights violations, there is silence over more severe human rights abuses elsewhere — for example, the bombardment of Gaza, where innocent lives are being lost on a large scale.
Yet we have seen that there is deafening silence regarding that.
Our position is clear: Zimbabwe was sanctioned for pursuing the Land Reform Programme, for which we fought in the liberation war. We are grateful that SADC has stood firmly by us, calling for the removal of these sanctions, which are not serving any purpose and disproportionately affect ordinary farmers and rural communities rather than those they are intended to target.
So, we fully applaud SADC for the solidarity they have shown to Zimbabwe.
Q: Apart from regional advocacy, what other avenues is the Government exploring to lobby for the removal of sanctions at the international level?
A: On November 21, there will be a key meeting in Geneva, Switzerland, organised by the UN Special Rapporteur on Unilateral Coercive Measures.
This gathering will provide a platform for nations affected by unilateral coercive measures to advocate for the removal of sanctions as a policy tool. Zimbabwe will attend the meeting and add its voice against these unjust measures. We are also mobilising local efforts.
A citizen-driven group, Citizens Against Sanctions, is collecting signatures for a petition directed at the United States.
The petition highlights that sanctions hurt ordinary people and that Zimbabwean citizens are not in support of the sanctions; also that the embargo does not in any way support the upholding of our human rights that the US purports to be protecting.
We encourage every Zimbabwean impacted by sanctions to sign and amplify the message that these measures are counterproductive.
Over and above all that, we consistently raise the issue at international forums.
By keeping the pressure on, we aim to make the countries responsible for these sanctions feel the weight of global scrutiny.
Q: You mentioned the forthcoming meeting in Geneva. Is it specifically for Zimbabwe or every country that has been affected by unilateral coercive measures?
A: Actually, it’s an event that speaks to the evil of imposing unilateral coercive measures.
It seeks to address the broader issue of unilateral coercive measures and their ineffectiveness as a tool of statecraft.
And Zimbabwe, being one of the countries that have been affected, has been invited.
Generally, what the special rapporteur is saying is that in modern statecraft, there is no need to impose sanctions because they do not produce the intended effect; rather, the people that suffer most as a result are ordinary people.
This is the message we are getting from the conveners, who are saying we support Zimbabwe’s position, we do not believe that in this day and era there is need to impose those sanctions on any state because they do not produce the intended effect. Zimbabwe’s case will feature prominently, given the extensive impact of these measures on our economy and society.
Q: Has the Government considered pursuing legal action at an international court or arbitration forum to challenge the legality and human rights implications of the sanctions on Zimbabwe?
A: Yes, we have explored that option.
However, we recognise that the sanctions were imposed unilaterally by the United States, not by the UN. Several UN bodies have already condemned the sanctions, affirming that they are unjustified. However, as a country, we adopted a philosophy where we have accepted that we are under sanctions, but that should not be cause for us to bury our heads in the sand.
We have decided not to waste our time on processes that may not lead to immediate results.
As His Excellency the President has emphasised, many young Zimbabweans have never known a time without sanctions because they were born in a country that was already under sanctions. He has stated that instead of dwelling on the constraints, we must focus on building our nation under the circumstances that we find ourselves under.
So, we have adapted very well.
If a visitor is to come to Zimbabwe today, they will be surprised that they are in a country under sanctions; this is because of our innovativeness and ingenuity as a people.
We have embraced a philosophy of resilience — whether or not the sanctions remain, we will continue to develop our nation.
Q: Has the formal dialogue between the Government and the EU and US led to any positive developments or progress towards the removal of sanctions?
A: With European Union, yes!
The EU has removed most of its sanctions, with only one entity still affected.
However, it is the United States that has remained problematic.
One challenge we face with US sanctions is the issue of over-compliance.
Because of the sanctions, international businesses and financial institutions are overly cautious when dealing with Zimbabwe, fearing penalties from the US.
In the past, some banks were heavily fined for engaging with us, so now they approach the country with exaggerated caution.
Capital tends to frown on going where it feels unsafe. As a result, it tends to avoid Zimbabwe, not because of genuine risks, but due to the chilling effect of sanctions.
Hence the thrust that we have the sanctions must be removed in their totality so that anyone who wants to come and do business with Zimbabwe will not have this encumbrance of thinking that they may be fined as a result of the sanctions. We want people to bring in their capital for investment without fear.
But we are beginning to notice that, because of the policies of His Excellency of looking East and opening up Zimbabwe for business, from 2018, several large investors have come into Zimbabwe.
Major investments, such as the Manhize Steel Plant — one of the largest in the world — demonstrate that Zimbabwe is a viable investment destination.
With the introduction of institutions like ZIDA (Zimbabwe Investment and Development Agency), we have created a more welcoming environment for investors.
Even some American companies are beginning to explore opportunities here.
This is an indication that even with sanctions there is now an acknowledgement that Zimbabwe is a safe investment destination.
These efforts show that, with or without sanctions, Zimbabwe is moving forward.
We believe that is also putting the US under pressure to say that their sanctions may not be as effective as they think in terms of what they wanted to do, besides that they are hurting the ordinary person most.
We believe that with current environment that His Excellency has nurtured, this will also help in countering the sanctions.
Q: You have mentioned that the US administration has remained intransigent and unresponsive to Government’s overtures, are there any plans to engage with the US Congress to address the provisions of ZDERA (Zimbabwe Democracy and Economic Recovery Act) and seek amendments that would facilitate the removal of sanctions?
A: I know that Parliament has initiated a motion where they want to send a delegation to the US Congress to engage them on the harmful effects of the unilateral coercive measures.
That’s another avenue where Parliament is trying to also put pressure through the Legislature and speak to their counterparts in the US Congress.
But our Foreign Affairs ministry has been very proactive in engaging the American government, discussing with them the effects of sanctions.
We hope this dialogue will continue between them and our Ambassador in Washington, as well as our Foreign Affairs ministry here in Harare.
Online Reporter