[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3890 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3890

  To promote democracy and good governance in Nigeria, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 1998

 Mr. Gilman (for himself and Mr. Payne) introduced the following bill; 
which was referred to the Committee on International Relations, and in 
 addition to the Committees on Banking and Financial Services, and the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To promote democracy and good governance in Nigeria, 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 ``Nigerian Democracy and Civil Society 
Empowerment Act''.

SEC. 2. FINDINGS AND DECLARATION OF POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) The continued rule of the Nigerian military government, 
        in power since a 1993 coup, undermines confidence in the 
        Nigerian economy, damages relations between Nigeria and the 
        United States, threatens the political and economic stability 
        of West Africa, and harms the lives of the people of Nigeria.
            (2) The transition plan announced by the Government of 
        Nigeria on October 1, 1995, which includes a commitment to hold 
        free and fair elections, has so far failed to foster an 
        environment in which such elections would be considered free 
        and fair, nor was the transition plan itself developed in a 
        free and open manner or with the participation of the Nigerian 
        people.
            (3) The international community would consider a free and 
        fair election in Nigeria one that involves a genuinely 
        independent electoral commission and an open and fair process 
        for the registration of political parties and the fielding of 
        candidates and an environment that allows the full unrestricted 
        participation by all sectors of the Nigerian population.
            (4) In particular, the process of registering voters and 
        political parties has been significantly flawed and subject to 
        such extreme pressure by the military so as to guarantee the 
        uncontested election of the incumbent or his designee to the 
        presidency.
            (5) The tenure of the ruling military government in Nigeria 
        has been marked by egregious human rights abuses, devastating 
        economic decline, and rampant corruption.
            (6) Previous and current military regimes have turned 
        Nigeria into a haven for international drug trafficking rings 
        and other criminal organizations.
            (7) On September 18, 1997, a social function in honor of 
        then-United States Ambassador Walter Carrington was disrupted 
        by Nigerian state security forces. This culminated a campaign 
        of political intimidation and personal harassment against 
        Ambassador Carrington by the ruling regime.
            (8) Since 1993, the United States and other members of the 
        international community have imposed limited sanctions against 
        Nigeria in response to human rights violations and political 
        repression.
            (9) According to international and Nigerian human rights 
        groups, at least several hundred democracy and human rights 
        activists and journalists have been arbitrarily detained or 
        imprisoned, without appropriate due process of law.
            (10)(A) The widely recognized winner of the annulled June 
        6, 1993, presidential election, Chief Moshood K. O. Abiola, 
        remains in detention on charges of treason.
            (B) General Olusegun Obassanjo (rt.), who is a former head 
        of state and the only military leader to turn over power to a 
        democratically elected civilian government and who has played a 
        prominent role on the international stage as an advocate of 
        peace and reconciliation, remains in prison serving a life 
        sentence following a secret trial that failed to meet 
        international standards of due process over an alleged coup 
        plot that has never been proven to exist.
            (C) Internationally renowned writer, Ken Saro-Wiwa, and 8 
        other Ogoni activists were arrested in May 1994 and executed on 
        November 10, 1995, despite the pleas to spare their lives from 
        around the world.
            (D) Frank O. Kokori, Secretary General of the National 
        Union of Petroleum and Natural Gas Workers (NUPENG), who was 
        arrested in August 1994, and has been held incommunicado since, 
        Chief Milton G. Dabibi, Secretary General of Staff Consultative 
        Association of Nigeria (SESCAN) and former Secretary General of 
        the Petroleum and Natural Gas Senior Staff Association 
        (PENGASSAN), who was arrested in January 1996, remains in 
        detention without charge, for leading demonstrations against 
        the canceled elections and against government efforts to 
        control the labor unions.
            (E) Among those individuals who have been detained under 
        similar circumstances and who remain in prison are Christine 
        Anyanwu, Editor-in-Chief and publisher of The Sunday Magazine 
        (TSM), Kunle Ajibade and George Mbah, editor and assistant 
        editor of the News, Ben Charles Obi, a journalist who was 
        tried, convicted, and jailed by the infamous special military 
        tribunal during the reason trials over the alleged 1995 coup 
        plot, the ``Ogoni 21'' who were arrested on the same charges 
        used to convict and execute the ``Ogoni 9'' and Dr. Beko 
        Ransome-Kuti, a respected human rights activist and leader of 
        the pro-democracy movement and Shehu Sani, the Vice-Chairman of 
        the Campaign for Democracy.
            (11) Numerous decrees issued by the military government in 
        Nigeria suspend the constitutional protection of fundamental 
        human rights, allow indefinite detention without charge, revoke 
        the jurisdiction of civilian courts, and criminalize peaceful 
        criticism of the transition program.
            (12) As a signatory to the International Covenant on Civil 
        and Political Rights (ICCPR), the Harare Commonwealth 
        Declaration, and the African Charter on Human and Peoples' 
        Rights, Nigeria is obligated to grant its citizens the right to 
        fairly conduct elections that guarantee the free expression of 
        the will of the electors.
            (13) Nigeria has played a major role in restoring elected, 
        civilian governments in Liberia and Sierra Leone as the leading 
        military force within the Economic Community of West African 
        States (ECOWAS) peacekeeping force, yet the military regime has 
        refused to allow the unfettered return of elected, civilian 
        government in Nigeria.
            (14) Despite organizing and managing the June 12, 1993, 
        elections, the Nigerian military regime nullified that 
        election, imprisoned the winner a year later, and continues to 
        fail to provide a coherent explanation for their actions.
            (15) Nigeria has used its military and economic strength to 
        threaten the land and maritime borders and sovereignty of 
        neighboring countries, which is contrary to numerous 
international treaties to which it is a signatory.
    (b) Declaration of Policy.--Congress declares that the United 
States should encourage political, economic, and legal reforms 
necessary to ensure rule of law and respect for human rights in Nigeria 
and support a timely and effective transition to democratic, civilian 
government in Nigeria.

SEC. 3. SENSE OF CONGRESS.

    (a) International Cooperation.--It is the sense of Congress that 
the President should, in any and all international fora, seek the 
cooperation of other countries as part of the United States policy of 
isolating the military government of Nigeria.
    (b) United Nations Human Rights Commission.--It is the sense of 
Congress that the President should instruct the United States 
Representative to the United Nations Human Rights Commission (UNHRC) to 
use the voice and vote of the United States at the annual meeting of 
the Commission--
            (1) to condemn human rights abuses in Nigeria; and
            (2) to press for the appointment of a special rapporteur on 
        Nigeria, as called for in Commission Resolution 1997/53.
    (c) Special Envoy for Nigeria.--It is the sense of Congress that, 
because the United States Ambassador to Nigeria, a resident of both 
Lagos and Abuja, Nigeria, is the President's representative to the 
Government of Nigeria, serves at the pleasure of the President, and was 
appointed by and with the advice and consent of the Senate, the 
President should not send any other envoy to Nigeria without prior 
notification of Congress and should not designate a special envoy to 
Nigeria without consulting Congress.

SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN NIGERIA.

    (a) Development Assistance.--
            (1) In general.--Of the amounts made available for fiscal 
        years 1999, 2000, and 2001 to carry out chapter 1 of part I of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
        not less than $10,000,000 for fiscal year 1999, not less than 
        $12,000,000 for fiscal year 2000, and not less than $15,000,000 
        for fiscal year 2001 should be available for assistance 
        described in paragraph (2) for Nigeria.
            (2) Assistance described.--
                    (A) In general.--The assistance described in this 
                paragraph is assistance provided to nongovernmental 
                organizations for the purpose of promoting democracy, 
                good governance, and the rule of law in Nigeria.
                    (B) Additional requirement.--In providing 
                assistance under this subsection, the Administrator of 
                the United States Agency for International Development 
                shall ensure that nongovernmental organizations 
                receiving such assistance represent a broad cross-
                section of society in Nigeria, including--
                            (i) organizations with representation from 
                        various ethnic groups;
                            (ii) organizations containing journalists, 
                        lawyers, accountants, doctors, teachers, and 
                        other professionals;
                            (iii) business organizations;
                            (iv) organizations that represent 
                        constituencies from northern Nigeria;
                            (v) religious organizations with a civic 
                        focus; and
                            (vi) other organizations that seek to 
                        promote democracy, human rights, and 
                        accountable government.
            (3) Grants for promotion of human rights.--Of the amounts 
        made available for fiscal years 1999, 2000, and 2001 under 
        paragraph (1), not less than $500,000 for each such fiscal year 
        should be available to the United States Agency for 
        International Development for the purpose of providing grants 
        of not more than $25,000 each to support individuals or 
        nongovernmental organizations that seek to promote, directly or 
        indirectly, the advancement of human rights in Nigeria.
    (b) USIA Information Assistance.--Of the amounts made available for 
fiscal years 1999, 2000, and 2001 under subsection (a)(1), not less 
than $1,000,000 for fiscal year 1999, $1,500,000 for fiscal year 2000, 
and $2,000,000 for fiscal year 2001 should be made available to the 
United States Information Agency for the purpose of supporting its 
activities in Nigeria, including the promotion of greater awareness 
among Nigerians of constitutional democracy, the rule of law, and 
respect for human rights.
    (c) Staff Levels and Assignments of United States Personnel in 
Nigeria.--
            (1) Finding.--Congress finds that staff levels at the 
        office of the United States Agency for International 
        Development in Lagos, Nigeria, are inadequate.
            (2) Sense of congress.--It is the sense of Congress that 
        the Administrator of the United States Agency for International 
        Development should--
                    (A) increase the number of United States personnel 
                at such Agency's office in Lagos, Nigeria, from within 
                the current, overall staff resources of such Agency in 
                order for such office to be sufficiently staffed to 
                carry out subsection (a); and
                    (B) consider placement of personnel elsewhere in 
                Nigeria.

SEC. 5. PROHIBITION ON ECONOMIC ASSISTANCE TO THE GOVERNMENT OF 
              NIGERIA; PROHIBITION ON MILITARY ASSISTANCE FOR NIGERIA; 
              REQUIREMENT TO OPPOSE MULTILATERAL ASSISTANCE FOR 
              NIGERIA.

    (a) Prohibition on Economic Assistance.--
            (1) In general.--Economic assistance (including funds 
        previously appropriated for economic assistance) may not be 
        provided to the Government of Nigeria.
            (2) Economic assistance defined.--As used in this 
        subsection, the term ``economic assistance''--
                    (A) means--
                            (i) any assistance under part I of the 
                        Foreign Assistance Act of 1961 (22 U.S.C. 2151 
                        et seq.) and any assistance under chapter 4 of 
                        part II of such Act (22 U.S.C. 2346 et seq.) 
                        (relating to economic support fund); and
                            (ii) any financing by the Export-Import 
                        Bank of the United States, financing and 
                        assistance by the Overseas Private Investment 
                        Corporation, and assistance by the Trade and 
                        Development Agency; and
                    (B) does not include disaster relief assistance, 
                refugee assistance, or narcotics control assistance 
                under chapter 8 of part I of the Foreign Assistance Act 
                of 1961 (22 U.S.C. 2291 et seq.).
    (b) Prohibition on Military Assistance or Arms Transfers.--
            (1) In general.--Military assistance (including funds 
        previously appropriated for military assistance) or arms 
        transfers may not be provided to Nigeria.
            (2) Military assistance or arms transfers.--The term 
        ``military assistance or arms transfers'' means--
                    (A) assistance under chapter 2 of part II of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) 
                (relating to military assistance), including the 
                transfer of excess defense articles under section 516 
                of that Act (22 U.S.C. 2321j);
                    (B) assistance under chapter 5 of part II of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) 
                (relating to international military education and 
                training);
                    (C) assistance under the ``Foreign Military 
                Financing Program'' under section 23 of the Arms Export 
                Control Act (22 U.S.C. 2763); or
                    (D) the transfer of defense articles, defense 
                services, or design and construction services under the 
                Arms Export Control Act (22 U.S.C. 2751 et seq.), 
                including defense articles and defense services 
                licensed or approved for export under section 38 of 
                that Act (22 U.S.C. 2778).
    (c) Requirement To Oppose Multilateral Assistance.--
            (1) In general.--The Secretary of the Treasury shall 
        instruct the United States executive director to each of the 
        international financial institutions described in paragraph (2) 
        to use the voice and vote of the United States to oppose any 
        assistance to the Government of Nigeria.
            (2) International financial institutions described.--The 
        international financial institutions described in this 
        paragraph are the African Development Bank, the International 
        Bank for Reconstruction and Development, the International 
        Development Association, the International Finance Corporation, 
        the Multilateral Investment Guaranty Agency, and the 
        International Monetary Fund.

SEC. 6. EXCLUSION FROM ADMISSION INTO THE UNITED STATES OF CERTAIN 
              NIGERIAN NATIONALS.

    Notwithstanding any other provision of law, the Secretary of State 
shall deny a visa to, and the Attorney General shall exclude from the 
United States, any alien who is--
            (1) a current member of the Provisional Ruling Council of 
        Nigeria;
            (2) a current civilian minister of Nigeria not on the 
        Provisional Ruling Council;
            (3) a military officer currently in the armed forces of 
        Nigeria;
            (4) a person in the Foreign Ministry of Nigeria who holds 
        Ambassadorial rank, whether in Nigeria or abroad;
            (5) a current civilian head of any agency of the Nigerian 
        government with a rank comparable to the Senior Executive 
        Service in the United States;
            (6) a current civilian advisor or financial backer of the 
        head of state of Nigeria;
            (7) a high-ranking member of the inner circle of the 
        Babangida regime of Nigeria on June 12, 1993;
            (8) a high-ranking member of the inner circle of the 
        Shonekan interim national government of Nigeria;
            (9) a civilian who there is reason to believe is traveling 
        to the United States for the purpose of promoting the policies 
        of the military government of Nigeria;
            (10) a current head of a parastatal organization in 
        Nigeria; or
            (11) a spouse or minor child of any person described in any 
        of the paragraphs (1) through (10).

SEC. 7. ADDITIONAL MEASURES.

    (a) In General.--Unless the President determines and certifies to 
the appropriate congressional committees by December 31, 1998, that a 
free and fair presidential election has occurred in Nigeria during 1998 
and so certifies to the appropriate committees of Congress, the 
President, effective January 1, 1999--
            (1) shall exercise his authority under section 203 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702) to 
        prohibit any financial transaction involving the participation 
        by a Nigerian national as a representative of the Federal 
        Republic of Nigeria in a sporting event in the United States;
            (2) shall expand the restrictions in Presidential 
        Proclamation No. 6636 of December 10, 1993, to include a 
        prohibition on entry into the United States of any employee or 
        military officer of the Nigerian government and their immediate 
        families;
            (3) shall submit a report to the appropriate congressional 
        committees listing, by name, senior Nigerian government 
        officials and military officers who are suspended from entry 
        into the United States under section 6; and
            (4) shall consider additional economic sanctions against 
        Nigeria.
    (b) Actions of International Sports Organizations.--It is the sense 
of Congress that any international sports organization in which the 
United States is represented should refuse to invite the participation 
of any national of Nigeria in any sporting event in the United States 
sponsored by that organization.

SEC. 8. WAIVER OF PROHIBITIONS AGAINST NIGERIA IF CERTAIN REQUIREMENTS 
              MET.

    (a) In General.--The President may waive any of the prohibitions 
contained in section 5, 6, or 7 for any fiscal year if the President 
makes a determination under subsection (b) for that fiscal year and 
transmits a notification to Congress of that determination under 
subsection (c).
    (b) Presidential Determination Required.--A determination under 
this subsection is a determination that--
            (1) the Government of Nigeria--
                    (A) is not harassing human rights and democracy 
                advocates and individuals who criticize the 
                government's transition program;
                    (B) has established a new transition process 
                developed in consultation with the pro-democracy 
                forces, including the establishment of a genuinely 
                independent electoral commission and the development of 
                an open and fair process for registration of political 
                parties, candidates, and voters;
                    (C) is providing increased protection for freedom 
                of speech, assembly, and the media, including cessation 
                of harassment of journalists;
                    (D) has released individuals who have been 
                imprisoned without due process or for political 
                reasons;
                    (E) is providing access for international human 
                rights monitors;
                    (F) has repealed all decrees and laws that--
                            (i) grant undue powers to the military;
                            (ii) suspend the constitutional protection 
                        of fundamental human rights; or
                            (iii) allow indefinite detention without 
                        charge, including the State of Security 
                        (Detention of Persons) Decree No. 2 of 1984; 
                        and
                    (G) has unconditionally withdrawn the Nigerian 
                internal security task force from regions in which the 
                Ogoni ethnic group lives and from other oil-producing 
                areas where violence has been excessive; or
            (2) it is in the national interests of the United States to 
        waive the prohibition in section 5, 6, or 7, as the case may 
        be.
    (c) Congressional Notification.--Notification under this subsection 
is written notification of the determination of the President under 
subsection (b) provided to the appropriate congressional committees not 
less than 15 days in advance of any waiver of any prohibition in 
section 5, 6, or 7, subject to the procedures applicable to 
reprogramming notifications under section 634A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394-1).

SEC. 9. PROHIBITION ON UNITED STATES ASSISTANCE OR CONTRIBUTIONS TO 
              SUPPORT OR INFLUENCE ELECTION ACTIVITIES IN NIGERIA.

    (a) Prohibition.--
            (1) In general.--No department, agency, or other entity of 
        the United States Government shall provide any assistance or 
        other contribution to any political party, group, organization, 
        or person if the assistance or contribution would have the 
        purpose or effect of supporting or influencing any election or 
        campaign for election in Nigeria.
            (2) Person defined.--As used in paragraph (1), the term 
        ``person'' means any natural person, any corporation, 
        partnership, or other juridical entity.
    (b) Waiver.--The President may waive the prohibition contained in 
subsection (a) if the President--
            (1) determines that--
                    (A) the climate exists in Nigeria for a free and 
                fair democratic election that will lead to civilian 
                rule; or
                    (B) it is in the national interests of the United 
                States to do so; and
            (2) notifies the appropriate congressional committees not 
        less than 15 days in advance of the determination under 
        paragraph (1), subject to the procedures applicable to 
        reprogramming notifications under section 634A of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2394-1).

SEC. 10. REPORT ON CORRUPTION IN NIGERIA.

    Not later than 3 months after the date of the enactment of this 
Act, and annually for the next 5 years thereafter, the Secretary of 
State shall prepare and submit to the appropriate congressional 
committees, and make available to the public, a report on governmental 
corruption in Nigeria. This report shall include--
            (1) evidence of corruption by government officials in 
        Nigeria;
            (2) the impact of corruption on the delivery of government 
        services in Nigeria;
            (3) the impact of corruption on United States business 
        interests in Nigeria;
            (4) the impact of advance fee fraud, and other fraudulent 
        business schemes originating in Nigeria, on United States 
        citizens; and
            (5) the impact of corruption on Nigeria's foreign policy.

SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    Except as provided in section 6, in this Act, the term 
``appropriate congressional committees'' means--
            (1) the Committee on International Relations of the House 
        of Representatives; and
            (2) the Committee on Foreign Relations of the Senate.
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