[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2779 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2779
To amend the Zimbabwe Democracy and Economic Recovery Act of 2001.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 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, reconstruct and rebuild Zimbabwe, and come to terms with the past
through a process of genuine reconciliation in which past human rights
abuses are acknowledged and inquiries into the disappearance of
prominent human rights activists, including Patrick Nabanyama, Itai
Dzamara, and Paul Chizuze, are ordered''.
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. 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- and post-election conditions.--The following
pre- and post-election conditions are met:
``(A) Establishment and public release, without
cost, in digital format, of a provisional and final
biometric voter registration roll that is endorsed by
all political parties represented in the parliament of
Zimbabwe and those parties contesting the elections.
``(B) The Zimbabwe Electoral Commission is
permitted to entirely carry out the functions assigned
to it in section 239 of Zimbabwe's 2013 constitution in
an entirely independent manner, and the chairperson
continues to meet with and consults regularly with
representatives of political parties represented in the
parliament of Zimbabwe and those parties contesting the
elections.
``(C) Consistent with Zimbabwe's constitution, 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, and are not
permitted to print, transfer, or control ballots or
transmit the results of elections.
``(D) International observers, including from the
United States, the African Union, the Southern African
Development Community, the European Union, and others
who apply are permitted to observe the entire electoral
process prior to, on, and following voting day,
including by monitoring polling stations and tabulation
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 during the election period as defined in
Zimbabwe's Electoral Act, and must afford time and
coverage to all parties contesting the elections in an
impartial manner, and candidates are able to campaign
in an environment that is free from intimidation and
violence.
``(F) Civil society organizations are able to
freely and independently 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 sample based observation exercises.'';
(2) by redesignating paragraphs (3) and (5) as paragraphs
(8) and (9), 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, especially through the
Electoral Amendments Bill and the repeal of the Public Order
and Security Act, and the Access to Information and Protection
of Privacy Act.
``(5) Upholding the constitution.--All elements of the
constitution 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) Role of traditional leaders.--Traditional leaders of
Zimbabwe observe section 281 of the Constitution and are not
using humanitarian assistance provided by outside donor
organizations or countries in a politicized manner to
intimidate or pressure voters during the campaign period.'';
and
(5) in paragraph (8), as redesignated by paragraph (2) of
this subsection, by striking ``consistent with'' and all that
follows through ``September 1998''.
SEC. 6. 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. 7. INCLUSION OF AUSTRALIA AND THE UNITED KINGDOM 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. 8. 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. 9. SENSE OF CONGRESS ON THE UNITED STATES-ZIMBABWE BILATERAL
RELATIONSHIP.
It is the sense of Congress that the United States Government is
optimistic about the possibility for a stronger bilateral relationship
with Zimbabwe, including in the areas of trade and investment, if--
(1) the Government of Zimbabwe takes concrete, tangible
steps outlined in paragraphs (2) through (6) of section 4(d) of
the Zimbabwe Democracy and Economic Recovery Act of 2001, as
added by section 5 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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