1.Short title and table of
contents
(a)This Act may be cited as the Zimbabwe Renewal Act of 2010
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and sense of Congress.
Sec. 3. Statement of policy.
Sec. 4. Assistance to strengthen the rule of law and human
rights in Zimbabwe.
Sec. 5. Assistance for sustainable development, health care,
education, agriculture, clean water, and emergency vocational work program for
youth in Zimbabwe.
Sec. 6. Assistance to promote reconciliation efforts in
Zimbabwe and support full implementation of the Global Political
Agreement.
Sec. 7. Technical assistance for Zimbabwe.
Sec. 8. Debt relief for Zimbabwe.
Sec. 9. Review of targeted sanctions in support of peace and
democracy in Zimbabwe.
Sec. 10. Report.
Sec. 11. Other provisions of law superseded.
Sec. 12. Authorization of appropriations.
2.Findings and sense
of Congress
(a)Congress finds the following:
(1)In September 2008, the Zimbabwean African
National Union-Patriotic Front (ZANU–PF), led by President Robert Mugabe, the
Movement for the Democratic Change (MDC), and the Movement for Democratic
Change-Mutambara, reached an accord, the Global Political Agreement (GPA),
after months of negotiations.
(2)In February 2009, MDC leader Morgan
Tsvangirai was sworn in as the prime minister of the Transitional Inclusive
Government, while President Robert Mugabe kept his position as agreed to by the
three parties.
(3)Since the
formation of the coalition government important progress has been made,
although serious challenges remain. Moreover, some members of ZANU–PF continue
to undermine and obstruct the peace agreement and the coalition
government.
(4)Despite the GPA,
civil society, labor unions, human rights advocates, journalists, and
opposition members continue to face harassment and intimidation by security
forces, which are still under the control of the ruling ZANU–PF.
(5)While, due to
difficult economic and security conditions, an estimated 3,000,000 Zimbabweans
have fled to South Africa and other neighboring countries.
(6)While recent
measures taken by the coalition government have improved economic conditions,
significantly reducing the inflation rates, millions of Zimbabweans continue to
face serious difficulties.
(7)On May 10, 2010,
the Zimbabwe High Court acquitted MDC–T Treasurer, Roy Bennett. The Zimbabwe
Attorney General announced two days later that he would appeal the
ruling.
(8)In May 2010, Prime
Minister Morgan Tsvangirai met with senior Administration officials, including
Secretary of State Hillary Clinton and was recognized with the Democracy Award
by the National Democratic Institute (NDI).
(9)Formal unemployment rates in Zimbabwe have
increased to more than 90 percent and youth make up more than two-thirds of the
unemployed.
(10)Many poor
Zimbabwe youth drop out of school without the education and training necessary
for employment and become vulnerable to criminal activity, poor health, and
disease.
(11)It is estimated
that as many as 29,000 youth are currently members of youth militias known to
intimidate persons and groups for political purposes in exchange for cash,
food, clothes, and shelter.
(b)It is the sense of
Congress that providing job opportunities of practical national value for youth
in Zimbabwe designed to divert young people away from idleness and undesirable
activity also would help alleviate poverty, restore the economy, contribute to
the reconstruction of Zimbabwe, and give such youth income and a sense of
achievement and self-worth in an otherwise hopeless environment.
3.It shall be the policy
of the United States Government to—
(1)support a transition to democratic and
economic recovery in Zimbabwe that reflects the new political conditions and
opportunities created by the Global Political Agreement (GPA);
(2)support the advancement of human rights,
labor rights, democracy, rule of law, independence of the judiciary, freedom of
the press, and economic development in Zimbabwe;
(3)support full
implementation of the GPA and seek the unconditional release of all political
prisoners and prisoners of conscience;
(4)foster stability,
democracy, and economic development in the region;
(5)help end poverty
and support economic recovery by expanding United States assistance programs in
Zimbabwe;
(6)promote a sustained relationship with
Zimbabwe in order to strengthen democracy, human rights, security, economic
growth, and the alleviation of poverty;
(7)help end human
rights abuses and violence against civilians by the security forces of Zimbabwe
and hold those engaged in these abuses accountable;
(8)maintain targeted sanctions against
individuals who continue to undermine the democratic processes and review and
update existing sanctions to reflect changing conditions on the ground;
(9)create programs
designed to provide job opportunities of practical national value for youth in
Zimbabwe to help alleviate poverty, restore the economy, contribute to the
reconstruction of Zimbabwe, and give such youth income and a sense of
achievement and self-worth in an otherwise hopeless environment;
(10)contribute to the
African Development Bank-administered Zimbabwe Multi-Donor Trust Fund;
(11)press for full
compliance with the Kimberley Process diamond certification scheme;
(12)support credible
efforts to conduct a comprehensive, transparent, and nonpartisan land audit as
a critical step toward establishing accountability and security of
tenure;
(13)engage
international partners and regional governments to develop a coordinated
strategy to prepare for future elections in Zimbabwe, particularly to help
reduce the risk of violence and other election-related abuses; and
(14)strengthen the relationship with Zimbabwe
based on the policy objectives specified in paragraphs (1) through (11) and to
engage the talents and skills of the Zimbabwean Diaspora towards that
end.
4.Assistance to
strengthen the rule of law and human rights in Zimbabwe
(a)Authorization of
assistanceThe Secretary of
State is authorized to provide assistance to strengthen the rule of law and
human rights in Zimbabwe.
(b)Activities that may be supported by assistance under
subsection (a) include—
(1)providing assistance to strengthen local
government, councils, parliament, and the judiciary in Zimbabwe;
(2)providing assistance for urban, peri-urban,
and rural programs focused on reconciliation efforts in order to address past
abuses and pave the way for peaceful political participation;
(3)providing training
and funding for civil society and human rights groups in election monitoring,
human rights related activities, and democratic institution building;
(4)providing support for training, monitoring,
and evaluation of the security sector that is consistent with the Southern
Africa Development Community Protocol on Politics, Defense, and Security
Co-operation, which requires that security forces shall at all times
promote the peaceful settlement of disputes by negotiation, conciliation,
mediation, or arbitration
;
(5)helping strengthen
the independent press;
(6)supporting local
and national human rights groups and other relevant civil society organizations
to help strengthen human rights monitoring and regular reporting on human
rights conditions in Zimbabwe;
(7)supporting victims of political violence,
with priority to victims of sexual violence, trade unionists, survivors of the
Gukurahundi Campaign, and the victims of the 2005 Operation Murambatsvina,
particularly micro-entrepreneurs and informal sector traders, and such
assistance shall be implemented by a new Zimbabwe Human Rights Trust Fund or
through a locally administered and implemented rural human rights program
similar to the Zimbabwe Alliance;
(8)strengthening the
independence of the judiciary through—
(A)providing training
and material support to court personnel and civil society groups; and
(B)instituting and
expanding exchange programs between United States and Zimbabwean jurists, law
schools, and other groups in the legal sector;
(9)establishing a
program in consultation with Zimbabwean civil society, human rights groups, and
other relevant groups for a judicial monitoring process by local, national, and
international groups, to monitor judicial proceedings throughout Zimbabwe
focused on politically motivated government intervention on judicial matters;
and
(10)supporting anti-corruption programs,
including reporting on national incomes and the development of a national
transparency framework.
5.Assistance for
sustainable development, health care, education, agriculture, clean water, and
emergency vocational work program for youth in Zimbabwe
(a)The President, in consultation with other donors, is
authorized to provide assistance, as needed, for sustainable development in
Zimbabwe.
(b)The President is authorized to provide assistance for
the health care sector in Zimbabwe and provide material support to hospitals,
clinics, and health care centers in Zimbabwe.
(c)The President is authorized to provide assistance to
strengthen the education sector in Zimbabwe, including by providing teacher
training, refurbishment of education facilities, and material support.
(d)
(1)Authorization of
assistanceThe President is authorized to provide expanded
assistance for the agriculture sector in Zimbabwe to enable self-sufficiency,
support for irrigation and water harvesting systems, and provide funding for
necessary agricultural supplies.
(2)Activities that may be supported by assistance under
paragraph (1) include—
(A)supporting
market-based mechanisms for the provision of credit and access to the inputs
necessary for agricultural production and for the handling, marketing, storage,
and processing of agricultural commodities;
(B)encouraging
policies that provide incentives for agricultural production; and
(C)supporting
institutions that provide technical assistance and financial support to the
agriculture sector.
(e)The President is authorized to provide assistance for the
rehabilitation of the water treatment facilities and sewer systems in
Zimbabwe.
(f)Emergency
vocational work program for youthThe President shall develop an emergency
vocational work program for youth in Zimbabwe with cash payments for the
construction and repair of public works of benefit to the entire population of
Zimbabwe.
(g)Delegation of
functions to USAIDThe functions of the President under this
section shall be carried out by the Administrator of the United States Agency
for International Development.
6.Assistance to
promote reconciliation efforts in Zimbabwe and support full implementation of
the Global Political Agreement
(a)Authorization of
assistanceThe President is authorized to provide economic
assistance for Zimbabwe in an effort to support democracy, the rule of law,
respect for human rights, economic self-sufficiency, build civil authority,
provide support in education and health care, enhance judicial and legal
frameworks to promote reconciliation efforts in Zimbabwe and support full
implementation of the Global Political Agreement (GPA).
(b)Congressional
notificationAssistance may not be provided under subsection (a)
until 15 days after the date on which the President notifies and certifies to
Congress that progress is being made in the implementation of the Global
Political Agreement.
(c)Support for land
reform and agricultural development
(1)Congress finds that—
(A)sanctions on financial institutions that
provide lines of credit and other financial services to vast numbers of
communal farmers in Zimbabwe have severely harmed the ability of such farmers
and small businesses to sustain their livelihoods;
(B)sanctions on
financial institutions that provide branch networks in Zimbabwe and other
financial services to civil servants, pensioners, and the people of Zimbabwe
have severely harmed such civil servants, pensioners, and the people of
Zimbabwe; and
(C)sanctions
described in subparagraphs (A) and (B) have resulted in suppressed earnings for
the National Social Security Authority, the entity established by the
Government of Zimbabwe to administer social security schemes in Zimbabwe, and
consequently the Authority has not been able to competitively remunerate its
pensioners.
(2)If the requirements
described in paragraph (3) are met, it is the sense of Congress that—
(A)sanctions
described in paragraph (1) (A) and (B) should be lifted in order to allow
financial institutions described in such paragraph to assist communal farmers,
civil servants, pensioners, and the people of Zimbabwe; and
(B)technical
assistance should be provided to such financial institutions to rebuild their
capacity to gain access to international capital.
(3)The
requirements referred to in paragraph (2) are the following:
(A)The Finance
Ministry of Zimbabwe does not politicize lending or extending credit.
(B)No individual who
is subject to United States or European Union sanctions serves as a board
member, advisor, or employee of any financial institution in Zimbabwe.
(C)No funds provided
to Zimbabwe are made available to Zimbabwe’s Reserve Bank.
7.Technical
assistance for ZimbabweThe
Secretary of the Treasury, acting through the Office of Technical Assistance,
is authorized to provide technical assistance to the Zimbabwean Ministry of
Finance and line ministries, as appropriate, relating to activities to improve
the Ministry Finance’s ability to capture, manage, and expend resources
transparently to address public and private sector needs in Zimbabwe.
8.
(a)The Secretary of the
Treasury shall—
(1)forgive the debt
of Zimbabwe held by any agency of the United States Government; and
(2)in consultation
with the Secretary of State, gather information on—
(A)the debt of
Zimbabwe held by international financial institutions and private financial
institutions; and
(B)the feasibility
and advisability of restructuring, rescheduling, or eliminating such debt in
the future.
(b)International
financial institutionsThe Secretary of the Treasury shall direct
the United States Executive Director at each international financial
institution of which the United States is a member to vote in favor of programs
proposed or being considered by the institution for Zimbabwe.
(c)In this section:
(1)International
financial institutionThe
term international financial institution means each multilateral
development bank and the International Monetary Fund.
(2)Multilateral
development bankThe term multilateral development
bank means—
(A)the International Bank for Reconstruction
and Development;
(B)the International
Development Association;
(C)the International
Finance Corporation;
(D)the Inter-American
Development Bank;
(E)the Asian
Development Bank;
(F)the Inter-American
Investment Corporation;
(G)the African
Development Bank;
(H)the African
Development Fund;
(I)the European Bank
for Reconstruction and Development; and
(J)the Multilateral
Investment Guarantee Agency.
9.Review of
targeted sanctions in support of peace and democracy in ZimbabweNotwithstanding any other provision of law,
restrictions against any person that are imposed pursuant to Executive Order
13288 (68 Fed. Reg. 11457–11461; relating to blocking property of persons
undermining democratic processes or institutions in Zimbabwe) shall be removed
when the President certifies to Congress that such person—
(1)has taken
significant steps to help strengthen democracy, respect human rights, and the
rule of law in Zimbabwe; and
(2)has played a constructive role in the
implementation of the Global Political Agreement.
10.Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to Congress a report on
the implementation of this Act, including a description of a comprehensive plan
to address issues of human rights, democratization, and economic conditions in
Zimbabwe.
11.Other provisions
of law supersededEach of the
authorities contained in sections 3 through 8 of this Act may be carried out
notwithstanding any other provision of law.
12.Authorization of
appropriations
(a)There are authorized
to be appropriated such sums as may be necessary to carry out this Act.
(b)Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to remain
available until expended.