[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3396 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3396
To facilitate lasting peace, democracy, and economic recovery in
Somalia.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2005
Mr. Smith of Washington (for himself, Mr. Petri, Mr. Payne, and Mr.
McDermott) introduced the following bill; which was referred to the
Committee on International Relations
_______________________________________________________________________
A BILL
To facilitate lasting peace, democracy, and economic recovery in
Somalia.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Somalia
Comprehensive Peace and Economic Recovery Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Fighting terrorism and and extremism in Somalia.
Sec. 5. Supporting peace, democracy, and stability in Somaliland.
Sec. 6. Investigation of war crimes and crimes against humanity in
Somalia.
Sec. 7. Bilateral assistance to support peace and democracy in Somalia.
Sec. 8. Multilateral efforts to support peace and democracy in Somalia.
Sec. 9. Sanctions to support peace and human rights in Somalia.
Sec. 10. Assistance for local efforts to promote human rights, the rule
of law, and democracy in Somalia.
Sec. 11. Report.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1991, General Mohamed Siad Barre, who came to power
in Somalia through a military coup in 1969, was ousted from
power by several Somali armed groups.
(2) Following the collapse of central authority in
Mogadishu, the capital, rival Somali groups engaged in armed
struggle for personal political power and prevented food and
medicine from reaching innocent civilians suffering from
drought and famine. An estimated 300,000 people died from
violence, starvation, and disease as Somalia was wracked by
continued internal chaos.
(3) On November 9, 1992, President George H.W. Bush
authorized Operation Restore Hope, using the United States
Armed Forces to safeguard nongovernmental organizations and
their efforts to provide humanitarian assistance to the
suffering Somali civilian population. The United States-led
Unified Task Force (UNITAF), formed to establish a safe
environment for the delivery of humanitarian assistance in
Somalia, saved lives and helped create a relatively peaceful
environment for humanitarian activity in Somalia.
(4) In May 1993, UNITAF handed over its operations to the
United Nations. The subsequent United Nations effort was known
as the United Nations Operation in Somalia (UNOSOM). The
relative success of UNITAF gave the people of Somalia hope for
peace and stability, although the United States-led operation
failed to disarm the armed factions in Mogadishu and other
parts of Somalia.
(5) On October 3, 1993, after a seventeen-hour battle
between United States Armed Forces and Somali factions in
Mogadishu in which 18 United States Army Rangers and hundreds
of Somalis were killed, President Clinton ordered the
withdrawal of United States troops from Somalia. In March 1994,
United States Armed Forces withdrew from Somalia, and one year
later, the United Nations withdrew the remaining peacekeepers
after a series of attacks on peacekeeping troops by Somali
armed factions.
(6) Since the withdrawal of United Nations forces in March
1995, Somalia has been without a central government. The small
East African country once again descended into lawlessness.
Since then, Somalia has been splintered into several regions
controlled by clan-led administrations.
(7) According to the United Nations, an estimated 400,000
Somalis have been internally displaced and more than 300,000
have fled their country. Somali children are 26 times more
likely to die before their 5th birthday than children in the
developed world. More than one in ten infants die before the
age of one year. Infant mortality is the 10th highest in the
world. The country has one of the highest incidences of
tuberculosis in the world. Meanwhile, cholera epidemics are
rampant.
(8) There have been 13 Somali reconciliation or peace
conferences to bring an end to the fighting in Somalia. Some
conferences were under the auspices of or supported by the
United Nations, or governments in the Horn of Africa. These
efforts have largely failed to bring about lasting peace in
Somalia.
(9) In 1996, the Government of Ethiopia convened a peace
conference in the resort town of Sodere. Many political actors
and armed factions participated, although a few boycotted the
peace conference. The Sodere peace conference collapsed when
the Government of Egypt convened another Somali peace
conference in Cairo in 1997. The Cairo peace conference failed
when another peace conference was convened by Somali factions
in Bosaso, Somalia in 1998.
(10) In February 2000, the Inter-Governmental Authority for
Development (IGAD) approved a peace plan proposed by the
Government of Djibouti. In May 2000, the Somali reconciliation
conference opened in Arta, Djibouti, in which 400 delegates
took part for several months of deliberation. The Arta process
was boycotted by several powerful warlords, as well as the
government of Somaliland, the current government located in the
northwest region of Somalia, and the government of Puntland,
the current government based in the self-declared northeast
region of Somalia.
(11) On August 13, 2000, participants at the Arta
conference agreed to the creation of a Transitional National
Government and a Transitional National Assembly for Somalia. On
August 26, 2000, participants nominated Abdulqassim Salad Hasan
as president of the Transitional National Government.
(12) In October 2002, the Inter-Governmental Authority for
Development launched another peace process, led by the
Government of Kenya. An estimated 350 delegates from different
regions of Somalia participated in the opening session of the
conference in the Kenyan town of Eldoret. The Government of
Somaliland boycotted the conference.
(13) In the first phase of the Kenyan peace process, the
parties signed a temporary cease-fire, and agreed to respect
and honor the outcome of the conference. The parties further
agreed to establish a federal system of government for Somalia
and committed themselves to fight terrorism.
(14) In September 2003, the parties to the Kenyan peace
process agreed on a Transitional National Charter for Somalia,
paving the way for a national unity government for Somalia.
(15) In August 2004, a new Somali Transitional Parliament
was inaugurated in Kenya. The 275-member parliament consists of
the major political factions in Somalia and is representative
of all the major clans of Somalia.
(16) In October 2004, the Somali Transitional Parliament
elected Abdullahi Yusuf Ahmed as the new president of Somalia.
The swearing in ceremony was attended by 11 heads of government
from Africa and representatives from regional organizations and
the United Nations.
(17) In November 2004, President Abdullahi Yusuf Ahmed
appointed Professor Ali Mohamed Gedi as the Prime Minister of
Somalia.
(18) The Government of Kenya has and continues to play key
roles through its Special Envoy for Somalia, Ambassador
Kiplagat, in an effort to achieve a lasting peace in Somalia.
(19) The Governments of Djibouti and Ethiopia are important
players in the Somali peace process and their continued
cooperation and coordination with the regional effort is
important to ensuring peace in Somalia.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to support the people of
Somalia to achieve lasting peace, democracy, rule of law, respect for
human rights, broad-based economic recovery and growth, and eradicate
radicalism and terrorism from their country and the region.
SEC. 4. FIGHTING TERRORISM AND EXTREMISM IN SOMALIA.
(a) Findings.--Congress finds the following:
(1) Since the collapse of central authority in Somalia in
1991, Somalia continues to attract terrorist and extremist
groups, posing serious threats to regional stability and peace.
Terrorists who carried out the United States Embassy bombings
in Kenya and Tanzania in August 1998 and the bombing of the
Paradise Hotel in Mombasa, Kenya, in November 2002 reportedly
used Somalia as a base of operation.
(2) The United States Government, in its indictment against
Osama bin Laden and his associates for the United States
Embassy bombings in Kenya and Tanzania in August 1998 stated
that ``at various times from or about 1992 until in or about
1993, the defendant Osama bin Laden, working together with
members of the Fatwah committee of Al-Qaeda, disseminated
Fatwahs to other members and associates of Al-Qaeda that the
United States forces in the Horn of Africa, including Somalia,
should be attacked''.
(3) In late September 2001, the United States Government
added Al-Ittihad to a list of terrorism-related entities whose
assets were ordered frozen by executive order. The United
States Government also ordered the assets of the Somali-owned
al-Barakaat company frozen because of its alleged links to Al-
Qaeda.
(4) Many experts believe that Somalia is still being used
by terrorist groups as a transit or safe haven, contributing to
the destabilization of the East Africa region.
(5) In June 2003, President George W. Bush announced a
$100,000,000 East Africa Counter Terrorism Initiative to close
the capabilities gap in combating terrorism and to reduce East
Africa's vulnerabilities to terrorism.
(6) The United States Government welcomes the commitment of
the Transitional National Government of Somalia to fight
terrorism and extremism. It is in the interest of the peoples
of Somalia and the United States to ensure terrorist groups are
denied safe haven in Somalia and the region.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should assist the people of Somalia
to establish a democratic government that is committed and able
to fight terrorism and extremism;
(2) the United States should provide training and support
to the Transitional National Government of Somalia to fight
terrorism and extremism; and
(3) strengthening civil society and grassroots efforts in
Somalia will deny terrorist and extremists groups a fertile
ground for recruitment in that country.
SEC. 5. SUPPORTING PEACE, DEMOCRACY, AND STABILITY IN SOMALILAND.
(a) Findings.--Congress finds the following:
(1) In May 1991, the Republic of Somaliland, located in the
northwest region of Somalia, declared independence from
Somalia. The Republic of Somaliland has not been recognized as
an independent country, despite its persistent efforts over the
past decade.
(2) Since its declaration of independence, Somaliland has
been relatively stable and peaceful, despite occasional inter-
clan conflicts.
(3) In December 2002, the people of Somaliland voted in
local elections, which were monitored by international
observers. The elections were deemed by these observers as free
and fair.
(4) In April 2003, Dahir Rayale Kahin was elected president
of Somaliland in a highly-competitive presidential election,
which was monitored by international observers.
(b) Statement of Policy.--Congress recognizes and welcomes the many
achievements over the past decade by the people and government of
Somaliland, including increased enrollment in primary schools, relative
peace and stability, and economic recovery.
(c) Sense of Congress.--It is the sense of Congress that the
political future of Somaliland should be resolved through a peaceful,
negotiated process between the government of Somaliland and the
Transitional National Government of Somalia.
SEC. 6. INVESTIGATION OF WAR CRIMES AND CRIMES AGAINST HUMANITY IN
SOMALIA.
(a) Findings.--Congress finds the following:
(1) According to human rights groups, the United Nations,
and the international media, more than 500,000 people may have
died as a result famine, disease, and war-related causes in
Somalia. Many of these victims are civilians, especially
children and the elderly.
(2) Hundreds of thousands of innocent civilians in Somalia
have been displaced or forced into refugee camps as a direct
result of the brutal campaign of violence against civilians by
Somalia's warlords.
(3) Millions of children in Somalia have been deprived of
basic health care and education due to violence and general
instability instigated by Somalia's warlords.
(b) Declarations of Policy.--Congress declares the following:
(1) War crimes and crimes against humanity have been
committed against innocent civilians over the past decade by
Somali warlords in many parts of Somalia.
(2) Individuals responsible for war crimes and crimes
against humanity should be held accountable for their actions.
(c) International Commission of Inquiry.--The President is
authorized to seek the establishment of an international commission of
inquiry to investigate war crimes, crimes against humanity, and other
violations of human rights and international humanitarian law in
Somalia. In carrying out this subsection, the President should instruct
the Permanent United States Representative to the United Nations to use
the voice and vote of the United States to seek the establishment of an
international commission described in the preceding sentence.
(d) Study and Report.--
(1) Study.--The Secretary of State shall conduct an annual
study of acts which may constitute war crimes, crimes against
humanity, and other violations of human rights and
international humanitarian law by armed factions in all areas
of Somalia since the collapse of central authority in Somalia
in 1991.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary of
State shall submit to Congress a detailed report that contains
the results of the study conducted under paragraph (1),
including a list of warlords who are responsible for crimes
against humanity in Somalia, a strategy for holding the
warlords accountable, including freezing finances and
restricting travel, and a determination by the Secretary of the
impact of such measures on the peace process in Somalia.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President to carry out this section $5,000,000 for fiscal
year 2006 and such sums as may be necessary for each of the
fiscal years 2007 and 2008.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are--
(A) authorized to remain available until expended;
and
(B) in addition to funds otherwise available for
such purposes.
SEC. 7. BILATERAL ASSISTANCE TO SUPPORT PEACE AND DEMOCRACY IN SOMALIA.
(a) Assistance.--The President is authorized to--
(1) support efforts for a peaceful resolution of the
conflict in Somalia as well as the establishment of a
representative form of government in Somalia;
(2) continue to encourage the participation of all groups,
including women, traditional and religious leaders, and
minority clans historically marginalized by the major clans of
Somalia, in efforts for a peaceful resolution of the conflict
in Somalia as well as the establishment of a representative
form of government in Somalia; and
(3) encourage Inter-Governmental Authority for Development
(IGAD) mediators to insist on broader participation in the new
government of Somalia.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President to carry out this section $40,000,000 for each of
the fiscal years 2006, 2007, and 2008.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are--
(A) authorized to remain available until expended;
and
(B) in addition to funds otherwise available for
such purposes.
SEC. 8. MULTILATERAL EFFORTS TO SUPPORT PEACE AND DEMOCRACY IN SOMALIA.
It is the sense of Congress that--
(1) the international community should assist the people of
Somalia to achieve lasting peace, promote human rights and the
rule of law, and provide financial assistance in support of
peace and economic development in Somalia;
(2) the African Union and the United Nations should
consider the deployment of peacekeepers in support of peace and
democracy in Somalia;
(3) the United Nations should consider the deployment of
human rights monitors throughout Somalia to ensure respect for
human rights and the rule of law during the transition period;
(4) the United Nations should maintain and fully enforce
the arms embargo on Somalia;
(5) the United Nations should assist in the demobilization,
reintegration, and resettlement of militia groups in Somalia;
and
(6) the United Nations should assist in the resettlement of
Somalia's internally displaced persons and refugees.
SEC. 9. SANCTIONS TO SUPPORT PEACE AND HUMAN RIGHTS IN SOMALIA.
(a) Determination.--If, at any time beginning on or after the date
of the enactment of this Act, the President determines that the
Transitional National Government of Somalia or any regional authority
in Somalia--
(1) is not honoring the peace agreement or is not fully
implementing the agreement in good faith,
(2) is not cooperating in counterterrorism efforts,
(3) is not respecting basic human rights and the rule of
law, or
(4) is engaged in unnecessary conflicts inside Somalia or
with its neighbors,
the President shall impose the sanctions described in subsection (b).
(b) Sanctions.--The sanctions described in this subsection are the
following:
(1) Denial of visas and entry into the United States to
senior officials of the Transitional National Government of
Somalia and each regional authority in Somalia, including
senior military officers.
(2) Such action as may be necessary to impose a sanctions
regime to freeze funds or assets of officials described in
paragraph (1) at United States financial institutions, subject
to such terms and conditions as the President determines to be
appropriate.
(3) Withholding the provision of United States assistance
for Somalia, other than United States humanitarian assistance.
(c) Waiver.--The President may waive the requirement to impose
sanctions under this section if the President determines that it is in
the national security interest of the United States to do so and
transmits to Congress a report that contains the reasons for the
determination.
SEC. 10. ASSISTANCE FOR LOCAL EFFORTS TO PROMOTE HUMAN RIGHTS, THE RULE
OF LAW, AND DEMOCRACY IN SOMALIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) respect for human rights and the rule of law should
remain a high priority in United States policy toward Somalia;
and
(2) the United States should work with the people of
Somalia, other countries, and international organizations to
ensure that sufficient resources and technical support are
devoted to the demobilization and reintegration of warlords and
their forces into Somali civil society.
(b) Assistance.--The President is authorized to provide assistance
for local efforts to promote human rights, the rule of law, and
democracy in Somalia.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President to carry out this section $5,000,000 for each of
the fiscal years 2006, 2007, and 2008.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are--
(A) authorized to remain available until expended;
and
(B) in addition to funds otherwise available for
such purposes.
SEC. 11. REPORT.
Not later than 180 days after the date of the enactment of this Act
and annually thereafter, the President shall transmit to Congress a
detailed report on the implementation of this Act.
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