[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2595 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2595
To amend the Zimbabwe Democracy and Economic Recovery Act of 2001.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 22, 2018
Mr. Flake (for himself and Mr. Coons) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To amend the Zimbabwe Democracy and Economic Recovery Act of 2001.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zimbabwe Democracy and Economic
Recovery Amendment Act of 2018''.
SEC. 2. RECONSTRUCTION AND REBUILDING OF ZIMBABWE.
Section 2 of the Zimbabwe Democracy and Economic Recovery Act of
2001 (Public Law 107-99; 22 U.S.C. 2151 note) is amended by striking
``and restore the rule of law'' and inserting ``restore the rule of
law, and reconstruct and rebuild Zimbabwe''.
SEC. 3. FINDINGS.
Section 4(a) of the Zimbabwe Democracy and Economic Recovery Act of
2001 is amended--
(1) in paragraph (1)--
(A) by striking ``the costly deployment of troops
to the Democratic Republic of the Congo'' and inserting
``private appropriation of public assets''; and
(B) by striking ``Development and'' and inserting
``Development, International Development Association,
and, until recently,''; and
(2) by adding at the end the following new paragraph:
``(6) In October 2016, the Government of Zimbabwe cleared
its longstanding arrears with the IMF.''.
SEC. 4. REMOVAL OF PROVISIONS RELATED TO MULTILATERAL DEBT RELIEF AND
OTHER FINANCIAL ASSISTANCE.
Section 4(b) of the Zimbabwe Democracy and Economic Recovery Act of
2001 is amended--
(1) by striking ``Recovery.--'' and all that follows
through ``Upon receipt'' and inserting ``Recovery.--Upon
receipt''; and
(2) by striking paragraph (2).
SEC. 5. WITHHOLDING OF FUNDING FOR AFRICAN DEVELOPMENT FUND.
Section 4(c) of the Zimbabwe Democracy and Economic Recovery Act of
2001 is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving such
subparagraphs, as so redesignated, two ems to the right;
(2) by striking ``Restriction.--Until'' and inserting the
following: ``Restriction.--
``(1) In general.--Until''; and
(3) by adding at the end the following new paragraph:
``(2) Withholding of funding for african development
fund.--The United States Government shall withhold funding for
the African Development Fund equivalent to any funding provided
to Zimbabwe through Pillar II for arrears clearance.''.
SEC. 6. ADDITIONAL CERTIFICATION REQUIREMENTS FOR ASSISTANCE.
Section 4(d) of the Zimbabwe Democracy and Economic Recovery Act of
2001 is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Pre-election conditions.--The following pre-election
conditions are met:
``(A) Establishment and public release, without
cost, in both paper and digital formats, of a biometric
voter registration roll that is endorsed by all
registered political parties.
``(B) An independent electoral management body is
selected, the members of which should be nominated by
all political parties represented in the parliament of
Zimbabwe, and permitted to entirely carry out the
functions assigned to it in section 239 of Zimbabwe's
2013 constitution in an entirely independent manner.
``(C) The Defense 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 constitutionally
mandated duty to respect the fundamental rights and
freedoms of all persons and be non-partisan in
character.
``(D) International observers, including from the
United States, the African Union, the Southern African
Development Community, and the European Union are
permitted to observe the entire electoral process, both
prior to, on, and following voting day, including by
monitoring polling stations and counting centers, and
are able to independently operate in a manner enabling
them to access and analyze vote tallying, tabulation,
and the transmission and content of voting results.
``(E) Candidates are allowed free and full access
to state media, which must afford equal time and
coverage to all registered parties, in an impartial
manner, and must be able to campaign in an environment
that is free from intimidation and violence.
``(F) Civil society organizations must freely and
independently be able to carry out voter and civic
education, and to monitor the entire electoral process,
including by observing, recording, and transmitting
public-posted or announced voting results, including at
the ward, constituency, and all higher levels of the
vote tallying process, including through the conduct of
one or more parallel vote tabulation exercises.'';
(2) by redesignating paragraphs (3) and (5) as paragraphs
(7) and (8), respectively;
(3) by striking paragraph (4);
(4) by inserting after paragraph (2) the following new
paragraphs:
``(3) Presidential election.--Zimbabwe has held an election
that is widely accepted as free, fair, and credible by
independent international and domestic civil society monitors,
and the president-elect is free to assume the duties of the
office.
``(4) Updating statutes.--Laws enacted prior to passage of
Zimbabwe's new Constitution in March 2013 that are inconsistent
with the new Constitution are amended or repealed so that they
are consistent with the Constitution.
``(5) Upholding the constitution.--The Secretary of State
has certified that all elements of the Constitution, including
devolution, are being implemented.
``(6) Economic reforms.--The Government of Zimbabwe has
demonstrated a sustained commitment to reforming Zimbabwe's
economy in ways that will promote economic growth, address
unemployment and underdevelopment, and restore livelihoods.
``(7) Diamond revenues.--The Secretary of State has
certified that a transparent and credible accounting for all
diamond revenues since 2000 has taken place.''; and
(5) in paragraph (7), as redesignated by paragraph (2) of
this subsection, by striking ``consistent with'' and all that
follows through ``September 1998''.
SEC. 7. REMOVAL OF AUTHORITY TO PAY LAND ACQUISITION COSTS.
Section 5(a)(2) of the Zimbabwe Democracy and Economic Recovery Act
of 2001 is amended by striking ``, including the payment of costs'' and
all that follows through ``thereto''.
SEC. 8. INCLUSION OF AUSTRALIA IN CONSULTATIONS ABOUT ZIMBABWE.
Section 6 of the Zimbabwe Democracy and Economic Recovery Act of
2001 is amended by inserting ``Australia, and the United Kingdom''
after ``Canada,''.
SEC. 9. SENSE OF CONGRESS ON PAST ATROCITIES AND HUMAN RIGHTS ABUSES.
It is the sense of Congress that the Government of Zimbabwe should
take immediate action to--
(1) unify the people of Zimbabwe by--
(A) acknowledging that human rights have been
abused, including during the urban land clearances of
Operation Murambatsvina, and the violence perpetrated
in the wake of the 2008 election against the opposition
and citizens of Zimbabwe;
(B) undertaking a genuine process of national
reconciliation up to and including acknowledging and
apologizing for atrocities in Matabeleland
(Gukurahundi); and
(C) taking steps to offer redress or compensation
to victims of abuses identified in subparagraphs (A)
and (B), in a manner recommended by the Zimbabwe Human
Rights Commission and the National Peace and
Reconciliation Commission; and
(2) order an immediate inquiry into the disappearance of
prominent human rights activists, including Patrick Nabanyama,
Itai Dzamara, and Paul Chizuze.
SEC. 10. SENSE OF CONGRESS ON ENFORCEMENT OF SADC TRIBUNAL RULINGS.
It is the sense of Congress that the Government of Zimbabwe and the
Southern African Development Community (SADC) should enforce the SADC
tribunal rulings from 2007 to 2010, including 18 disputes involving
employment, commercial, and human rights cases surrounding dispossessed
Zimbabwean commercial farmers and agricultural companies.
SEC. 11. SENSE OF CONGRESS ON STEPS THAT MIGHT INCREASE POSSIBILITY OF
INCREASED TIES.
It is the sense of Congress that the United States Government would
be more optimistic about the possibility for increased ties with
Zimbabwe, including in the areas of trade and investment, if--
(1) the government of Zimbabwe takes the steps outlined in
section 6 and takes concrete, tangible steps outlined in
paragraphs (2) through (7) of section 4(d) of the Zimbabwe
Democracy and Economic Recovery Act of 2001, as added by
section 6 of this Act; and
(2) takes concrete, tangible steps towards--
(A) good governance, including respect for
opposition, rule of law, and human rights; and
(B) economic reforms such as respect for contracts
and private property rights.
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