Foreign Relations of the United States, 1977–1980, Volume XVI, Southern Africa

223. Memorandum From Secretary of State Vance to President Carter ¹

Washington, March 1, 1979

SUBJECT

• Official Observers for the April Rhodesian Internal Elections

After the Rhodesian internal elections in April,² you will be required, under the terms of the Case-Javits Amendment,³ to make a determination as to whether the signatories to the so-called “internal settlement” agreement have fulfilled that amendment’s two conditions, one of which requires the holding of free and fair elections open to all political and population groups and observed by “impartial, internationally-recognized observers”. If you make a positive determination, the United States will no longer enforce internationally-binding United Nations sanctions against Rhodesia.

The factual basis for your decision will be guided in part by who observes the elections, the degree of international recognition these observers enjoy, and their judgments as to the election’s fairness and openness. In that context, it has been suggested that the Administration designate official observers so that a better judgment can be made. Also, Senators McGovern and Hayakawa are introducing a resolution instructing the Congressional leadership to appoint bipartisan, impartial observers from outside Congress. Finally, there is a likelihood that a considerable number of journalists, governmental and non-governmental observers from other countries, and perhaps even a few Congressmen will be present in Rhodesia during this election. At present, none of these groups have been internationally recognized as required by the Case-Javits Amendment.

If the Administration were to designate official observers, it would violate our international legal obligations by awarding a degree of legitimacy to the Smith regime and the internal settlement. It would also be interpreted negatively by important African states and others and would seriously erode our negotiating capability. As a result, I recommend that the Administration not send official observers to the Rhodesian internal elections.⁴

I also recommend that the Administration take a neutral position regarding Congressionally designated observers. To oppose Congress’s sending observers would only increase the chances for an undesirable Congressional resolution calling on the Administration to designate observers.

Finally, I recommend that the Department make the Administration’s position on these questions known in the testimony on the McGovern-Hayakawa bill which will take place on March 7.⁵

1. Source: Carter Library, National Security Affairs, Brzezinski Material, Country File, Box 88, Zimbabwe (Rhodesia): 11/78–3/79. Confidential.
2. The elections were held in two stages. The election for white members was held on April 10 and for black members April 17–20.
3. The Case-Javits Amendment, approved July 26, 1978, required President Carter to lift sanctions against Rhodesia if he determined the Salisbury elections were free and fair and that the Government of Rhodesia demonstrated a willingness to negotiate in good faith at an all-parties conference.
4. In a March 6 memorandum, Aaron informed Vance that the President approved his recommendation not to send official observers to the April elections. (Carter Library, National Security Affairs, Staff Material, North/South, Funk, Chron File, Box 121, 3/1–12/79)
5. Moose testified before the Senate Foreign Relations Committee on March 7, explaining the administration’s position. (Department of State Bulletin, May 1979, pp. 45–47)