[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2228 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2228

   To encourage and facilitate the consolidation of security, human 
          rights, democracy, and economic freedom in Ethiopia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 2007

    Mr. Smith of New Jersey (for himself, Mr. Daniel E. Lungren of 
 California, and Mr. Rohrabacher) introduced the following bill; which 
            was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
   To encourage and facilitate the consolidation of security, human 
          rights, democracy, and economic freedom in Ethiopia.

    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 ``Ethiopia Freedom, Democracy, and 
Human Rights Advancement Act of 2007''.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) support the advancement of human rights, democracy, 
        independence of the judiciary, freedom of the press, 
        peacekeeping, capacity building, and economic development in 
        the Federal Democratic Republic of Ethiopia;
            (2) collaborate with Ethiopia in the Global War on Terror;
            (3) seek the unconditional release of all political 
        prisoners and prisoners of conscience in Ethiopia;
            (4) foster stability, democracy, and economic development 
        in the region; and
            (5) strengthen United States-Ethiopian relations based on 
        the policy objectives specified in paragraphs (1) through (4).

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The people of Ethiopia have suffered for decades due to 
        military conflicts, natural disasters, poverty and diseases, 
        regional instability, and the brutal dictatorship of the 
        military junta under Mengistu Haile Mariam. Hundreds of 
        thousands of civilians were brutally murdered by the Mengistu 
        regime, including women and children. Many more sacrificed 
        their lives fighting for freedom, respect for human rights, and 
        to bring an end to the brutal dictatorship of the Mengistu 
        regime. Members of that murderous regime are currently living 
        in Europe, the United States, and Africa.
            (2) In May 1991, the brutal dictatorship of the Mengistu 
        regime came to an abrupt end when the Ethiopian People's 
        Revolutionary Democratic Front (EPRDF) defeated the Mengistu 
        army. In July 1991, the EPRDF and a coalition of other 
        political groups established a transitional government in 
        Ethiopia. A number of liberation movements joined the 
        transitional government in a spirit of a new start and the 
        building of a democratic Ethiopia. These groups included the 
        Oromo Liberation Front (OLF), the Ogaden National Liberation 
        Front (ONLF), and many others.
            (3) Since the ouster of the Mengistu regime in 1991, the 
        EPRDF-led government instituted a multiparty system and 
        organized three regional and national elections and a number of 
        local elections. The 1995 and 2000 elections were largely 
        boycotted and judged to be neither free nor fair. Some 
        opposition groups participated in the 2000 elections, giving 
        such groups 12 seats in the 546-seat parliament.
            (4) The May 2005 pre-election period and the conduct of the 
        elections in Ethiopia were seen by observers to be transparent, 
        competitive, and relatively free and fair, although there were 
        a number of problems reported. More than 90 percent of 
        registered voters participated and dozens of political parties 
        took part in the elections. Moreover, some international groups 
        observed the elections, unprecedented access to the mass media 
        was given to the opposition, and there were televised debates 
        between the government and the opposition. Some political 
        parties and armed political groups boycotted the 2005 
        elections. However, trained local groups were barred from 
        observing the elections.
            (5) The May 15, 2005, elections were seen by observers as 
        questionable. The opposition accused the Government of Ethiopia 
        of stealing the elections and called for civil disobedience, 
        which resulted in the killing of demonstrators and detention of 
        opposition leaders and thousands of their followers, including 
        11 elected members of parliament and the elected mayor of Addis 
        Ababa.
            (6) The Coalition for Unity and Democracy (CUD), the United 
        Ethiopian Democratic Forces (UEDF), and the ruling EPRDF 
        reached an agreement to resolve disputed election results 
        peacefully with the help of the National Electoral Board (NEB). 
        The NEB investigated more than 299 complaints and later agreed 
        to hold reruns in 31 constituencies. In late August 2005, the 
        NEB held reruns in the 31 constituencies as well as in all 23 
        constituencies in the Somali region, where elections had been 
        postponed due to insecurity.
            (7) Election results show that opposition parties won 170 
        seats in the national parliament, a significant increase from 
        the 12 seats they won in the 2000 elections. Opposition parties 
        also won the city council in Addis Ababa, giving them control 
        over the capital. An estimated 150 of the 170 opposition 
        members of parliament have taken their seats. In early May 
        2006, the Government of Ethiopia appointed a caretaker 
        government in the capital. Members of parliament from the CUD 
        walked out of parliament in protest. The CUD won the city, but 
        the designated mayor has been in detention since November 2005.
            (8) Human rights conditions deteriorated significantly 
        after the May 15, 2005, elections in Ethiopia and overall human 
        rights conditions in the country remain poor. The Department of 
        State, in its 2005 Country Reports on Human Rights Practices, 
        noted a myriad of human rights abuses by the Government of 
        Ethiopia. Moreover, journalists and editors of the independent 
        press have been and continue to face harassment and prosecution 
        for alleged violations of press laws in Ethiopia. Dozens of 
        journalists have fled the country, and some are currently in 
        exile fearing prosecution or harassment.
            (9) In June 2005, more than 35 demonstrators were killed by 
        Ethiopian Government security personnel and in November 2005 at 
        least 42 protesters and 7 police officers were killed, 
        according to reports from international human rights 
        organizations. The violence against these victims occurred 
        after pro-opposition groups went to the streets of the capital 
        to protest government actions in handling the election results 
        of May 2005. Tens of thousands of people suspected of being 
        opposition supporters were detained over the past months; many 
        of these detainees were released. Government security forces 
        continue to abuse opposition leaders, supporters, and family 
        members.
            (10) An estimated 112 political leaders, human rights 
        activists, community leaders, and journalists, including the 
        chairman of the CUD (Hailu Shawel), the newly elected Mayor of 
        Addis Ababa (Berhanu Nega), and the founder of the Ethiopian 
        Human Rights Council (Professor Mesfin Wolde Mariam), were 
        imprisoned and charged with treason and genocide. These 
        measures were deliberately taken to stifle and criminalize 
        opposition party activity in the country. The measures also 
        were intended to intimidate and silence independent press and 
        civil society, raising serious questions about the Ethiopian 
        Government's commitment to democracy and good governance.

SEC. 4. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA.

    The Secretary of State shall--
            (1) establish a mechanism to provide financial support to 
        local and national human rights groups and other relevant civil 
        society organizations to help strengthen human rights 
        monitoring and regular reporting on human rights conditions in 
        Ethiopia;
            (2) establish a program to provide legal support for 
        political prisoners and prisoners of conscience and to assist 
        local groups or groups from outside Ethiopia that are active in 
        monitoring the status of political prisoners and prisoners of 
        conscience in Ethiopia;
            (3) seek to increase the independence of the Ethiopian 
        judiciary through facilitation of joint discussions for court 
        personnel, officials from the Ethiopian Ministry of Justice, 
        relevant members of the legislature, and civil society 
        representatives on international human rights standards;
            (4) create and support a judicial monitoring process, 
        consisting of local and international groups, to monitor 
        judicial proceedings throughout Ethiopia, with special focus on 
        unwarranted government intervention in strictly judicial 
        matters, and to investigate and report on actions to strengthen 
        an independent judiciary;
            (5) establish a program to strengthen private media in 
        Ethiopia, provide support for training purposes, offer 
        technical and other types of support as necessary, and expand 
        programming by the Voice of America to Ethiopia; and
            (6) establish a mechanism to--
                    (A) identify and extradite members of the Mengistu 
                Haile Mariam regime and the current government who 
                reside in the United States and who were engaged in 
                gross human rights violations; and
                    (B) work with other governments to identify and 
                extradite such persons, including Mengistu Haile 
                Mariam.

SEC. 5. SUPPORT FOR DEMOCRATIZATION IN ETHIOPIA.

    (a) Strengthening Local, Regional, and National Democratic 
Processes.--The Secretary of State shall--
            (1) provide assistance to strengthen local, regional, and 
        national parliaments and governments in Ethiopia through 
        training in consultation with government authorities, political 
        parties, and civil society groups;
            (2) establish a program focused on reconciliation efforts 
        between the Government of Ethiopia and peaceful political and 
        civil society groups, including in minority communities, in 
        preparation for negotiation and for participation in the 
        political process;
            (3) strengthen training for political parties in Ethiopia 
        in areas such as organization building and campaign management;
            (4) provide training for civil society groups in election 
        monitoring in Ethiopia; and
            (5) facilitate ongoing communications between ruling and 
        opposition political parties through the National Election 
        Board (NEB) in order to address issues such as delimitation of 
        constituencies, voter registration, political party 
        registration, candidate registration, and related matters to 
        enhance the credibility of the next elections in Ethiopia.
    (b) Democracy Enhancement.--
            (1) Assistance.--United States technical assistance for 
        democracy promotion in Ethiopia shall be made available to the 
        ruling party as well as to opposition parties in Ethiopia.
            (2) Restriction.--
                    (A) In general.--Nonessential United States 
                assistance may not be made available to the Government 
                of Ethiopia if the Government of Ethiopia acts to 
                obstruct United States technical assistance to advance 
                human rights, democracy, independence of the judiciary, 
                freedom of the press, economic development, and 
                economic freedom in Ethiopia.
                    (B) Definition.--In this paragraph, the term 
                ``nonessential United States assistance'' means 
                assistance under any provision of law, other than 
                humanitarian assistance, assistance under emergency 
                food programs, assistance to combat HIV/AIDS, and other 
                health care assistance.

SEC. 6. ENSURING GOVERNMENT SUPPORT FOR HUMAN RIGHTS, DEMOCRACY, AND 
              ECONOMIC DEVELOPMENT IN ETHIOPIA.

    (a) Limitation on Security Assistance; Travel Restrictions.--
            (1) Limitation on security assistance.--
                    (A) In general.--Except as provided in subparagraph 
                (B), security assistance may not be provided to 
                Ethiopia until such time as the certification described 
                in paragraph (3) is made in accordance with such 
                paragraph.
                    (B) Exception.--Subparagraph (A) shall not apply 
                with respect to peacekeeping or counter-terrorism 
                assistance. Peacekeeping or counter-terrorism 
                assistance provided to Ethiopia may not be used for any 
                other security-related purpose or to provide training 
                to security personnel or units accused of human rights 
                violations against civilians.
            (2) Travel restrictions.--Beginning on the date that is 60 
        days after the date of the enactment of this Act and until such 
        time as the certification described in paragraph (3) is made in 
        accordance with such paragraph, the President shall deny the 
        issuance of a visa to and admission to the United States to--
                    (A) any official of the Government of Ethiopia 
                who--
                            (i) has been involved in giving orders to 
                        use lethal force against peaceful demonstrators 
                        in Ethiopia; or
                            (ii) has been accused of gross human rights 
                        violations;
                    (B) security personnel of the Government of 
                Ethiopia who were involved in the June 2005 or November 
                2005 shootings of demonstrators; and
                    (C) Ethiopian civilians who were involved in the 
                November 2005 killings of seven policemen in Ethiopia.
            (3) Certification.--The certification described in this 
        paragraph is a certification by the President to Congress that 
        the Government of Ethiopia is making credible, quantifiable 
        efforts to ensure that--
                    (A) all political prisoners and prisoners of 
                conscience in Ethiopia have been released, their civil 
                and political rights restored, and their property 
                returned;
                    (B) prisoners held without charge or kept in 
                detention without fair trial in violation of the 
                Constitution of Ethiopia are released or receive a fair 
                and speedy trial, and prisoners whose charges have been 
                dismissed or acquitted and are still being held are 
                released without delay;
                    (C) all capital assets of United States citizens 
                and of entities not less than 50 percent beneficially 
                owned by United States citizens that have been 
                nationalized, expropriated, or otherwise seized by the 
                Ethiopian government before the date of the enactment 
                of this Act in contravention of international law are 
                returned or a mutually agreed upon restitution 
                agreement is performed;
                    (D) the Ethiopian judiciary is able to function 
                independently and allowed to uphold the Ethiopian 
                Constitution and international human rights standards;
                    (E) the investigation of the killing of civilian 
                protesters by Ethiopian security forces is credible, 
                transparent, and those involved in the unlawful killing 
                are punished;
                    (F) family members, legal counsel, and others have 
                unfettered access to visit detainees in Ethiopian 
                prisons;
                    (G) print and broadcast media in Ethiopia are able 
                to operate free from undue interference, and laws 
                restricting media freedom, including sections of the 
                Ethiopian Federal Criminal Code, are revised;
                    (H) licensing of independent radio and television 
                in Ethiopia is open and transparent;
                    (I) access in Ethiopia is provided to the Internet 
                and the ability of citizens to freely send and receive 
                electronic mail and otherwise obtain information is 
                guaranteed;
                    (J) the National Election Board (NEB) includes 
                representatives of political parties with seats in the 
                Ethiopian Parliament and guarantees independence for 
                the NEB in its decision-making;
                    (K) representatives of international human rights 
                organizations engaged in human rights monitoring work 
                in Ethiopia are admitted to Ethiopia without undue 
                restriction; and
                    (L) Ethiopian human rights organizations are able 
                to operate in an environment free of harassment, 
                intimidation, and persecution.
            (4) Waiver.--
                    (A) In general.--The President may waive the 
                application of paragraph (1) or (2) on a case-by-case 
                basis if the President determines that--
                            (i) to the maximum extent practicable, the 
                        Government of Ethiopia has met the requirement 
                        of paragraph (3)(A); and
                            (ii) such a waiver is in the national 
                        interests of the United States.
                    (B) Notification.--Prior to granting a waiver under 
                the authority of subparagraph (A), the President shall 
                transmit to Congress a notification that includes the 
                reasons for the waiver.
    (b) Treatment of Political Prisoners and Prisoners of Conscience.--
            (1) In general.--The President, the Secretary of State, and 
        other relevant officials of the Government of the United States 
        shall call upon the Government of Ethiopia to immediately 
        release all political prisoners and prisoners of conscience, 
        especially prisoners held without charge.
            (2) Torture victim relief.--While it is the responsibility 
        of the Government of Ethiopia to compensate the victims of 
        unlawful imprisonment and torture and their families for their 
        suffering and losses, the President shall provide assistance 
        for the rehabilitation of victims of torture in Ethiopia at 
        centers established for such purposes pursuant to section 130 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2152).
    (c) Sense of Congress.--It is the sense of Congress that the 
Government of the United States should--
            (1) encourage the Government of Ethiopia to enter into 
        discussions with the Oromo Liberation Front to bring them into 
        full participation in the political and economic affairs of 
        Ethiopia, including their legalization as a political party; 
        and
            (2) provide such assistance as is warranted and necessary 
        to help achieve the goal described in paragraph (1).

SEC. 7. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHIOPIA.

    (a) Economic Policy Assistance.--Utilizing training and other 
technical assistance programs offered by the Department of the 
Treasury, the Office of the United States Trade Representative, and the 
Department of Justice, the President shall assist the Government of 
Ethiopia in developing policies that will address key economic 
obstacles, including in such areas as budgeting, taxation, debt 
management, bank supervision, anti-money laundering, and land title 
security that inhibit private sector development and limit 
participation in donor programs such as the United States Millennium 
Challenge Account.
    (b) Financing for United States-Ethiopian Commercial Ventures.--
Pursuant to the Government of Ethiopia's acceptance of the reforms in 
subsection (a), the President shall make available adequate financing 
for United States and Ethiopian private commercial ventures, including 
programs of the United States Agency for International Development, the 
Small Business Administration (including the Export Express and Export 
Working Capital programs), the Overseas Private Investment Corporation 
(including the Small Business Center and the Small and Medium 
Enterprise and Structural Finance programs), and the Export-Import Bank 
of the United States (including the Short-Term Africa Pilot Program).
    (c) Resource Policy Assistance.--The President, acting through the 
Administrator of the United States Agency for International 
Development, shall provide assistance for sustainable development of 
Ethiopia's Nile and Awash River resources, including assistance to help 
Ethiopia with the technology necessary for the construction of 
irrigation systems and hydroelectric power that might prevent future 
famine.

SEC. 8. REPORT.

    Not later than 180 days after the date of the enactment of this 
Act, the President shall submit to Congress a report on the 
implementation of this Act, including a description of a comprehensive 
plan to address the security, human rights, democratization, and 
economic freedom concerns that potentially threaten the stability of 
Ethiopia.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $10,000,000 for each of the fiscal years 2008 and 2009.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.
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