US embassy cable - 00HARARE6219

C O N F I D E N T I A L SECTION 01 OF 02 HARARE 006219 
 
SIPDIS 
 
E.O. 12958: DECL: 11/03/2010 
TAGS: PREL, ZI 
SUBJECT: SENIOR MINISTRY OF FOREIGN AFFAIRS OFFICIAL 
REQUESTS DEPARTMENT'S ASSISTANCE IN SUPPRESSING LAWSUIT 
AGAINST PRESIDENT MUGABE 
 
 
CLASSIFIED BY AMBASSADOR TOM MCDONALD FOR REASONS 1.5 
(B) AND (D). 
 
1.  (C) MINISTRY OF FOREIGN AFFAIRS (MFA) PERMANENT 
SECRETARY WILLARD CHIWEWE REQUESTED THAT AMBASSADOR 
 
SIPDIS 
MCDONALD COME TO THE MFA ON NOVEMBER 3 TO RECEIVE THE 
TEXT OF A DIPLOMATIC NOTE, WHEREIN THE GOZ ASKS FOR THE 
DEPARTMENT'S INTERVENTION TO PREVENT A CIVIL SUIT FILED 
AGAINST PRESIDENT MUGABE IN THE UNITED STATES, ON THE 
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BASIS OF "ALLEGATIONS," FROM GOING FORWARD.  THE 
PERMANENT SECRETARY STATED THAT HIS GOVERNMENT HAD TAKEN 
NOTE OF THE ABSENCE OF CRITICAL STATEMENTS AGAINST 
ZIMBABWE FROM THE USG IN THE LAST SIX MONTHS, 
COMPLIMENTED THE ADMINISTRATION FOR MAKING NO PUBLIC 
CALLS FOR ENACTMENT OF THE ZIMBABWE DEMOCRACY ACT, AND, 
WITH RESPECT TO RESOLVING THE CONFLICT IN THE DEMOCRATIC 
REPUBLIC OF THE CONGO, OBSERVED THE TWO COUNTRIES AGREED 
ON 90% OF ALL MATTERS PERTAINING THERETO.  IT WAS IN 
THIS SPIRIT, THE PERMANENT SECRETARY OBSERVED, THAT HE 
HANDED THE NOTE TO THE AMBASSADOR.  HE CONTINUED THAT 
HIS GOVERNMENT WAS CONFIDENT, BASED ON STATEMENTS MADE 
BY DEPARTMENT OF STATE PERSONNEL, THAT THE USG HAD THE 
"APPARATUS" TO BLOCK PROSECUTION OF THE SUIT IN THE 
FEDERAL OR ANY OTHER COURT.  HE STATED CATEGORICALLY, 
MAKING "THE FUNDAMENTAL POINT," THAT THE GOVERNMENT OF 
ZIMBABWE WILL NOT DEFEND ITSELF IN THE CASE.  HE CLOSED 
BY STATING THAT HE HOPED THAT THE USG WOULD LIVE UP TO 
ITS "SOVEREIGN RESPONSIBILITY" IN THIS CONNECTION. 
 
2.  (C) AMBASSADOR MCDONALD RESPONDED THAT HE HAD NOTED 
THE PERMANENT SECRETARY'S CONCERNS BUT WAS ENJOINED FROM 
MAKING FURTHER SUBSTANTIVE COMMENT, DESPITE HIS OWN 
BACKGROUND AS A LAWYER.  HE OBSERVED THAT, WHEN THE CASE 
FIRST BECAME PUBLIC, THE DEPARTMENT OF STATE HAD SAID IT 
WAS WILLING TO ASSIST THE GOVERNMENT OF ZIMBABWE IN THE 
MATTER.  HE UNDERTOOK TO TRANSMIT THE TEXT OF THE NOTE 
IMMEDIATELY TO THE DEPARTMENT OF STATE. 
 
2.  (SBU) BEGIN TEXT OF DIPLOMATIC NOTE. 
 
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PAGE 03        HARARE  06219  01 OF 02  031420Z 
THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF 
ZIMBABWE PRESENTS ITS COMPLIMENTS TO THE EMBASSY OF THE 
UNITED STATES OF AMERICA AND HAS THE HONOUR TO REQUEST 
THAT THE FOLLOWING URGENT COMMUNICATION BE TRANSMITTED 
TO THE GOVERNMENT OF THE UNITED STATES OF AMERICA. 
 
THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE NOTES WITH 
GRAVE CONCERN REPORTS THAT A CIVIL SUIT HAS BEEN FILED 
IN A COURT IN THE TERRITORY OF THE UNITED STATES AGAINST 
THE PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF 
ZIMBABWE, HIS EXCELLENCY MR. ROBERT GABRIEL MUGABE, AND 
TWO MINISTERS OF THE GOVERNMENT OF ZIMBABWE HON. I.S.G. 
MUDENGE, MINISTER OF FOREIGN AFFAIRS AND HON. J. MOYO, 
MINISTER OF INFORMATION AND PUBLICITY BY PLAINTIFFS FROM 
ZIMBABWE ALLEGING THAT WRONGS WERE COMMITTED AGAINST 
THEM IN THE TERRITORY OF THE REPUBLIC OF ZIMBABWE. 
 
THE GOVERNMENT STRONGLY PROTESTS THE ENTERTAINING OF 
SUCH A SUIT BY COURTS OF LAW IN THE TERRITORY OF THE 
UNITED STATES OF AMERICA AS SUCH ACTION CONSTITUTES AN 
ATTEMPT BY COURTS IN THE UNITED STATES TO ASSERT EXTRA- 
TERRITORIAL JURISDICTION AND AUTHORITY OVER ZIMBABWE. 
THE ATTENDANT HARASSMENT OF THE PERSON AND OFFICE OF THE 
PRESIDENT AND HEAD OF STATE OF ZIMBABWE, HIS EXCELLENCY 
ROBERT GABRIEL MUGABE AND OF THE HONOURABLE MINISTERS 
ACCOMPANYING HIM DURING AN OFFICIAL VISIT TO NEW YORK TO 
ATTEND THE UNITED NATIONS MILLENNIUM (SIC) VIOLATES 
INTERNATIONAL NORMS, PRACTICE AND OBLIGATIONS RELATING 
TO THE DIPLOMATIC IMMUNITY AND THE PROTECTION OF 
VISITING HEADS OF SOVEREIGN STATES WHILE IN THE 
TERRITORY OF ANOTHER STATE. 
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PAGE 04        HARARE  06219  01 OF 02  031420Z 
 
THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE TAKES A DIM 
VIEW OF THE HARASSMENT AND PURPORTED PROSECUTION OF THE 
HEAD OF STATE OF ZIMBABWE AND HIS ENTOURAGE ON THE 
TERRITORY OF THE UNITED STATES OF AMERICA DURING THE UN 
MILLENNIUM SUMMIT THIS SEPTEMBER. 
 
THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE STRONGLY 
URGES THE GOVERNMENT OF THE UNITED STATES OF AMERICA TO 
FULFIL ITS OBLIGATIONS UNDER INTERNATIONAL LAW AND 
EFFECTIVELY PROHIBIT THE COURTS OF LAW IN THE UNITED 
STATES FROM EXERCISING JURISDICTION OR SERVING ANY 
PROCESS OR COMMENCING OR CONDUCTING ANY AUTHORITY, POWER 
OR CLAIM AGAINST HIS EXCELLENCY PRESIDENT R.G. MUGABE 
AND THE TWO MINISTERS IN HIS ENTOURAGE. 
 
THE U.S. COURTS SHOULD BE MADE TO UNDERSTAND AND RESPECT 
THE FACT AND PRINCIPLE THAT H.E. PRESIDENT R.G. MUGABE 
WAS COVERED FULLY UNDER DIPLOMATIC AND STATE IMMUNITY, A 
CARDINAL PRINCIPLE OF INTERNATIONAL LAW TO WHICH THE 
UNITED STATES OF AMERICA IS A PARTY. 
 
THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE PROCEEDS UPON 
 
                       CONFIDENTIAL 
 
                           CONFIDENTIAL     PTQ7857 
 
PAGE 01        HARARE  06219  02 OF 02  031420Z 
ACTION AF-00 
 
INFO  LOG-00   NP-00    ACQ-00   CIAE-00  DODE-00  SRPP-00  DS-00 
      VC-00    H-01     TEDE-00  INR-00   L-00     VCE-00   AC-01 
      NSAE-00  NSCE-00  OMB-01   PA-00    PM-00    PRS-00   ACE-00 
      P-00     SP-00    SSO-00   SS-00    TRSE-00  T-00     USIE-00 
      PMB-00   DSCC-00  DRL-02   G-00     NFAT-00  SAS-00     /005W 
                  ------------------9A7914  031421Z /38 
O 031419Z NOV 00 
FM AMEMBASSY HARARE 
TO SECSTATE WASHDC IMMEDIATE 7550 
 
C O N F I D E N T I A L SECTION 02 OF 02 HARARE 006219 
 
SIPDIS 
 
E.O. 12958: DECL: 11/03/2010 
TAGS: PREL, LEGAL OPINION, ZI 
SUBJECT: SENIOR MINISTRY OF FOREIGN AFFAIRS OFFICIAL 
REQUESTS DEPARTMENT'S ASSISTANCE IN SUPPRESSING LAWSUIT 
AGAINST PRESIDENT MUGABE 
 
THE CONVICTION THAT IT SHALL NOT DEFEND ITSELF, AND 
THEREFORE HOLDS THE U.S. GOVERNMENT TO BE SOLELY 
RESPONSIBLE FOR ANY FURTHER EMBARRASSMENT WHICH H.E. 
PRESIDENT ROBERT MUGABE MAY STILL FACE IN THE REGARD. 
 
ACCORDINGLY, THE GOVERNMENT OF ZIMBABWE CALLS UPON THE 
GOVERNMENT OF THE UNITED STATES OF AMERICA TO UNDERTAKE 
THE FOLLOWING ACTIONS: 
 
1.  INTERVENE TO ENSURE THAT UNITED STATES COURTS 
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PAGE 02        HARARE  06219  02 OF 02  031420Z 
FORTHWITH CEASE AND DESIST FROM ANY ACTION AGAINST THE 
PRESIDENT AND HEAD OF STATE OF THE REPUBLIC OF ZIMBABWE 
AND MINISTERS OF THE GOVERNMENT OF ZIMBABWE. 
 
2.  ENSURE THAT INCIDENTS AND PROCESSES WHICH INFRINGE 
UPON THE INVIOLABILITY AND IMMUNITY OF THE HEAD OF STATE 
OF THE REPUBLIC OF ZIMBABWE FROM PROSECUTION OR UNDUE 
HARASSMENT BY UNITED STATES COURTS IN THE TERRITORY OF 
THE UNITED STATES OF AMERICA BE PREVENTED IN THE FUTURE. 
 
THE GOVERNMENT OF THE REPUBLIC OF ZIMBABWE SEEKS FIRM 
ASSURANCES FROM THE GOVERNMENT OF THE UNITED STATES OF 
AMERICA IN BOTH INSTANCES. 
 
THE MINISTRY OF FOREIGN AFFAIRS OF THE REPUBLIC OF 
ZIMBABWE AVAILS ITSELF OF THIS OPPORTUNITY TO RENEW TO 
THE EMBASSY OF THE UNITED STATES OF AMERICA THE 
ASSURANCES OF ITS HIGHEST CONSIDERATION. 
 
HARARE 
 
NOVEMBER 2000 
 
END TEXT. 
 
MCDONALD 
 
                       CONFIDENTIAL 
 
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