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From: AlulaFre (alulafre@gmail.com)
Date: Sat Aug 28 2010 - 19:43:18 EDT
[image: Jimma Times logo]
New US bill restricts military aid to Zenawi Gov **
Published 08/28/2010 - 3:35 p.m. GMT
[image: feingold]
As United States Senator Russ Feingold introduced S. 3757 *Support for
Democracy and Human Rights in Ethiopia Act of 2010*, another bill S. 7039
was introduced to the US senate to restrict military aid to the Meles Zenawi
government of Ethiopia. The financial and military aid legislation was for
the fiscal year ending in September 30, 2011.
The Meles government is accused of human rights abuses in the Ogaden and
Gambella regions of Ethiopia as well as for the massacre of hundreds of
Ethiopians during national elections. In the latest 2010 election, the
European Union observers said the election did not meet international
standards. Dozens of opposition supporters were killed and many more injured
during the election and in the pre-election. The ruling party controlled
election board announced that the top opposition coalition MEDREK/FDD won
one seat and only 30 percent of the total votes. Zenawi's ruling party and
allies were given over 99 percent of the seats in parliament. The recent US
bills demanded respect for human rights, independent institutions and the
release of opposition leader Judge Birtukan Mideksa and other political
prisoners.
* BILL DETAILS*
- *International Military Education and Training*
(1) Funds appropriated under the heading "International Military Education
and Training' in this Act that are made available for assistance for Angola,
Cameroon, Central African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe
may be made available only for expanded international military education and
training and for training related to international peacekeeping operations.
(2) None of the funds appropriated under the heading "International Military
Education and Training" in this Act may be made available for assistance for
Equatorial Guinea or Somalia.
*(b) Ethiopia.--*
(1) None of the funds appropriated by this Act under the heading "Foreign
Military Financing Program' that are available for assistance for Ethiopia
may be made available unless the Secretary of State--
(A) certifies to the Committees on Appropriations that the Government of
Ethiopia is making significant efforts to respect due process and the rights
of its citizens to peaceful expression and association; and
(B) submits a report to such Committees on the types and amounts of United
States training and equipment proposed to be provided to the Ethiopian
military including steps that will be taken to ensure that such assistance
is not provided to military units or personnel that have violated
internationally recognized human rights.
(2) The restriction in paragraph (1) shall not apply to assistance to
support the deployment of members of the Ethiopian military in international
peacekeeping operations.
- *S.3757 -- Support for Democracy and Human Rights in Ethiopia Act of
2010 (Introduced in Senate - IS)*
111th CONGRESS
2d Session
* S. 3757*
To reaffirm United States objectives in Ethiopia and encourage critical
democratic and humanitarian principles and practices, and for other
purposes.
* IN THE SENATE OF THE UNITED STATES*
August 5, 2010
Mr. FEINGOLD (for himself and Mr. LEAHY) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
------------------------------
* A BILL*
To reaffirm United States objectives in Ethiopia and encourage critical
democratic and humanitarian principles and practices, and for other
purposes.
*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 `Support for Democracy and Human Rights in
Ethiopia Act of 2010'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Despite progress and an estimated annual growth rate of nearly 10
percent, Ethiopia remains one of the poorest and most
hunger-prone countries
in the world, with more than half of the population of
78,000,000 living on
less than $1 per day.
(2) Since the collapse of the Derg and overthrow of the Mengistu regime
in 1991, the Ethiopian Peoples' Revolutionary Democratic Front-led
government has overseen the introduction of a multiparty system and the
adoption of a new constitution that guarantees economic, social, and
cultural rights and states that `human and democratic rights of
peoples and
citizens shall be protected.'
(3) Ethiopia and Eritrea fought a bloody border war between 1998 and
2000, and, despite the Algiers Accord ending the conflict and
the agreement
to abide by the final and binding Ethiopia-Eritrea Border
Commission (EEBC)
arbitration, the Government of Ethiopia has refused to comply
with the final
physical demarcation of the border and the Government of Eritrea has
expelled the United Nations peacekeeping force, causing regional
instability
and keeping alive the possibility of a renewed border war.
(4) According to the March 2010 report by the United Nations Monitoring
Group on Somalia, `Since the cessation of hostilities between
the [Ethiopia
and Eritrea] in 2000, Asmara has sought to counter Ethiopian influence in
the region and supported armed groups within Ethiopia who oppose
the current
government. Since 2006, and possibly earlier, Eritrea has supported
opposition to the Transitional Federal Government, which it
perceives as a
proxy for the Government of Ethiopia.'
(5) Sporadic fighting has continued between Ethiopian National Defense
Forces (ENDF) and armed opposition Ogaden National Liberation
Front (ONLF)
in the Somali Region of Ethiopia. Stringent restrictions continue to be
placed on media and aid workers, making it difficult for independent
observers and aid workers to monitor or respond to the humanitarian and
human rights situation, including the behavior of the Ethiopian National
Defense Forces, allied militia forces, and the Ogaden National Liberation
Front.
(6) Credible sources indicate there are ongoing and serious human rights
abuses against civilians in the Somali Region, including
arbitrary arrests
and detentions by military, police and paramilitary forces;
allegations of
torture in military and police custody, including sexual violence against
women and girls; and diversion of food aid intended for civilian
communities.
(7) In the run up to the 2010 elections, the Ethiopian Parliament passed
a number of new laws, including the Charities and Societies
Proclamation and
the Anti-Terrorism Proclamation, which severely restrict freedom of
expression, freedom of association, peaceful assembly, and the right to a
fair trial, while broadening the definition of terrorism.
(8) The Department of State's 2009 Country Reports on Human Rights
Practices states that `although the constitution and law
prohibit the use of
torture and mistreatment . . . [o]pposition political party
leaders reported
frequent and systematic abuse and intimidation of their
supporters by police
and regional militias' and that `opposition UDJ party president Birtukan
Mideksa, whose pardon was revoked and life sentence reinstate in December
2008, remain in prison throughout the year. She was held in solitary
confinement . . . despite a court ruling that indicate it was a
violation of
her constitutional rights'.
(9) In its 2010 Freedom in the World report, Freedom House noted that, in
the run up to elections, Ethiopia saw a `narrowing of political
activity . .
.' and that `the government cracked down on operations of nongovernmental
organizations and . . . a series of arrests of opposition figures'.
(10) The European Union Election Observer Mission noted in its
preliminary statement on the May 23, 2010 elections, `The
National Electoral
Board of Ethiopia administered the electoral process in an efficient and
competent manner, but failed to dispel opposition parties' lack
of trust in
its independence. While several positive improvements have been
introduced,
the electoral process fell short of certain international commitments,
notably regarding the transparency of the process and the lack of a level
playing field for all contesting parties.'
(11) In testimony before the Subcommittee on Africa and Global Health of
the Committee on Foreign Affairs of the House of
Representatives, Assistant
Secretary of State for African Affairs Johnnie Carson stated
that `[w]hile
the [Ethiopian] elections were calm and peaceful and largely without any
kind of violence we note with some degree of remorse that the elections
there were not up to international standards,' and that `[i]t is
important
that Ethiopia move forward in strengthening its democratic
institutions and
when elections are held that it level the playing field to give
everyone a
free opportunity to participate without fear or favor'.
(12) On May 25th, 2010, the National Security Council's spokesman Mike
Hammer, released a statement which noted with concern that `The
limitation
of independent observation and the harassment of independent media
representatives [in Ethiopia] are deeply troubling . . . [and that an]
environment conducive to free and fair elections was not in place even
before Election Day.' The statement also noted that `[i]n recent
years, the
Ethiopian government has taken steps to restrict political space for the
opposition through intimidation and harassment, tighten its control over
civil society, and curtail the activities of independent media. We are
concerned that these actions have restricted freedom of expression and
association and are inconsistent with the Ethiopian government's human
rights obligations.'
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support and encourage efforts by the people and Government of
Ethiopia-
(A) to achieve a participatory multiparty democracy, an active and
unhindered civil society, rule of law and accountability,
judicial capacity
and independence, freedom of the press, respect for human rights, and
economic development; and
(B) to develop a comprehensive strategy to combat extremism and
terrorism in a manner consistent with international law;
(2) to promote peace and stability, equal access to humanitarian
assistance regardless of gender, ethnicity, religion, or political views,
and good governance, transparency, and accountability;
(3) to seek the unconditional release of all political prisoners and
prisoners of conscience in Ethiopia, and the repeal of laws that enable
politically motivated arrests without due process;
(4) to prohibit funding to any unit of the Ethiopian security forces if
the Secretary of State has credible information that such unit
has committed
a gross violation of human rights, unless the Secretary certifies to the
appropriate congressional committees that the Government of Ethiopia is
taking effective measures to bring the responsible members of
the security
forces unit to justice; and
(5) to seek a resolution of the ongoing dispute between the Government of
Ethiopia and the Government of Eritrea consistent with the
Ethiopia-Eritrea
Border Commission arbitration decisions on border demarcation,
to press the
Government of Eritrea to cease all support for armed opposition groups in
Ethiopia and the region, and to urge both Governments to contribute
constructively to stability throughout the Horn of Africa, especially in
Somalia.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that the United States Government should--
(1) build on successful diplomatic efforts that contributed to the
October 2007 release of political prisoners in Addis Ababa, and press the
Ethiopian government to release Birtukan Mideksa, as well as
other political
prisoners;
(2) urge the Government of Ethiopia to repeal or at a minimum amend the
Civil Society Proclamation, the Anti-Terrorism Proclamation, and the Mass
Media and Freedom of Information Proclamation in order to
genuinely protect
the constitutional rights and freedoms of all Ethiopian citizens;
(3) press the Government of Ethiopia to allow human rights and
humanitarian groups, as well as the media, to have unfettered access to
areas of concern throughout the country;
(4) encourage and assist the United Nations and other independent
organizations and the media to investigate credible reports of gross
violations of human rights or international humanitarian law in
the Somali
region of Ethiopia, to publish any information of serious abuse, and send
consistent messages to the Government of Ethiopia that the
continuation of
such violations or impunity in this region, or Ethiopia more
generally, has
consequences for relations between the United States and Ethiopia; and
(5) encourage the Governments of both Ethiopia and Eritrea to immediately
take steps to lessen tensions, physically demarcate the border in accord
with the Ethiopia-Eritrea Border Commission decision, and promote
normalization of relations between the two countries.
SEC. 5. RESTRICTIONS ON ASSISTANCE.
(a) Conditions-
(1) PROHIBITION OF FUNDS- Notwithstanding any other provision of law,
assistance may not be provided to the Government of Ethiopia unless the
Secretary of State certifies annually that the Government of Ethiopia has
taken demonstrable steps--
(A) to ensure the autonomy and fundamental freedoms of civil society
organizations to pursue work on civic education, democratization, good
governance, accountability, human rights, and conflict
resolution, without
excessive government intervention or intimidation;
(B) to respect the rights of and permit non-violent political parties to
operate free from intimidation and harassment, including releasing
opposition political leaders currently imprisoned;
(C) to strengthen the independence of its judiciary, including
developing the capacity of the judiciary at the national,
regional, and
local levels;
(D) to allow Voice of America and other independent media to operate and
broadcast without interference in Ethiopia;
(E) to promote respect for human rights and accountability within its
security forces, including undertaking credible
investigations into any
allegations of abuse and ensuring appropriate punishment; and
(F) to ensure that humanitarian and development entities, including
those of the United Nations, have unfettered access to all
regions of the
country without prejudice to the political views of recipients.
(2) WAIVER- The prohibition included in paragraph (1) shall not apply if
the Secretary of State certifies in writing to Congress that
waiving such a
prohibition is in the national security interest of the United States.
(b) Exceptions- The prohibitions in paragraph (1) shall not apply to--
(1) health and HIV/AIDS assistance;
(2) humanitarian assistance; or
(3) emergency food aid.
(c) Report- Not later than 120 days after exercising a waiver pursuant to
subsection (a)(2), and every 90 days thereafter, the Secretary of State
shall submit a report to the appropriate congressional committees assessing
progress made by the Government of Ethiopia in the areas set forth in
subparagraphs (A) through (F) of subsection (a)(2).
SEC. 6. DEFINITIONS.
In this Act the term `appropriate congressional committees' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on Appropriations
of the House of Representatives.
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