[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 541 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
S. RES. 541

     Supporting humanitarian assistance, protection of civilians, 
 accountability for abuses in Somalia, and urging concrete progress in 
   line with the Transitional Federal Charter of Somalia toward the 
        establishment of a viable government of national unity.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2008

 Mr. Feingold (for himself, Mr. Coleman, Mr. Brown, Ms. Klobuchar, and 
 Mr. Hagel) submitted the following resolution; which was referred to 
                   the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION


 
     Supporting humanitarian assistance, protection of civilians, 
 accountability for abuses in Somalia, and urging concrete progress in 
   line with the Transitional Federal Charter of Somalia toward the 
        establishment of a viable government of national unity.

Whereas, despite the formation of the internationally recognized Transitional 
        Federal Government (TFG) in 2004, there has been little improvement in 
        the governance or stability of southern and central Somalia, and 
        stability in the northern region of Puntland has deteriorated;
Whereas governance failures in Somalia have permitted and contributed to 
        escalating violence, egregious human rights abuses, and violations of 
        international humanitarian law, which occur with impunity and have led 
        to an independent system of roadblocks, checkpoints, and extortion that 
        hinders trade, business, and the delivery of desperately needed 
        humanitarian assistance;
Whereas the Government of Ethiopia intervened in Somalia in December 2006 
        against the Islamic Courts Union (ICU) and continues to serve as the 
        primary security force for the TFG in Somalia;
Whereas a United Nations Monitoring Group on Somalia report presented to the 
        United Nations Security Council on July 20, 2007, alleged that Eritreans 
        have provided arms to insurgents in Somalia as part of a long-standing 
        dispute between Ethiopia and Eritrea that includes a series of 
        interlocking proxy wars in the Horn of Africa;
Whereas the United Nations estimates that, as of April 2008, 2,000,000 people in 
        Somalia need humanitarian assistance or livelihood support for at least 
        the next 6 months, including 745,000 people who have fled ongoing 
        insecurity and sporadic violence in Mogadishu over the past 16 months, 
        adding to more than 275,000 long-term internally displaced Somalis;
Whereas, despite Prime Minister Nur Hassan Hussein's public commitment to 
        humanitarian operations, local and international aid agencies remain 
        hindered by extortion, harassment, and administrative obstructions;
Whereas, in March 2008, United Nations Secretary-General Ban Ki-moon presented 
        his report on Somalia based on recent strategic assessments and fact-
        finding missions, which offered recommendations for increasing United 
        Nations engagement while decreasing the presence of foreign troops, 
        including the establishment of a maritime task force to deter piracy and 
        support the 1992 international arms embargo;
Whereas the United States Government has allocated nearly $50,000,000 to support 
        the African Union Mission in Somalia (AMISOM) and continues to be the 
        leading contributor of humanitarian assistance in Somalia, with 
        approximately $140,000,000 provided in fiscal year 2007 and fiscal year 
        2008 to date, but still lacks a comprehensive strategy to build a 
        sustainable peace;
Whereas, over the last 5 years, the Senate has repeatedly called upon the 
        President through resolutions, amendments, bills, oversight letters, and 
        hearings to develop and implement a comprehensive strategy to contribute 
        to lasting peace and security throughout the Horn of Africa by helping 
        to establish a legitimate, stable central government in Somalia capable 
        of maintaining the rule of law and preventing Somalia from becoming a 
        safe haven for terrorists;
Whereas a February 2008 Government Accountability Office (GAO) report entitled, 
        ``Somalia: Several Challenges Limit U.S. and International 
        Stabilization, Humanitarian, and Development Efforts'', found that 
        United States and international ``efforts have been limited by lack of 
        security, access to vulnerable populations, and effective government 
        institutions'' as well as the fact that the ``U.S. strategy for Somalia, 
        outlined in the Administration's 2007 report to Congress on its 
        Comprehensive Regional Strategy on Somalia, is incomplete'';
Whereas the recent designation by the Department of State of Somali's al Shabaab 
        militia as a foreign terrorist organization under section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189) and as a specially 
        designated global terrorist under section 1(b) of Executive Order 13224 
        (September 23, 2001) highlights the growing need for a strategic, 
        multifaceted, and coordinated approach to Somalia; and
Whereas it is in the interest of the United States, the people of Somalia, and 
        the citizens and governments of neighboring and other interested 
        countries to work towards a legitimate peace and a sustainable 
        resolution to the crisis in Somalia that includes civilian protection 
        and access to services, upholds the rule of law, and promotes 
        accountability: Now, therefore, be it
    Resolved, That it is the sense of the Senate that--
            (1) the United States remains committed to the people of 
        Somalia and to helping build the institutions necessary for a 
        stable nation free from civil war and violent extremism;
            (2) the President, in partnership with the African Union, 
        the United Nations, and the international community, should--
                    (A) provide sufficient humanitarian assistance to 
                those most seriously affected by armed conflict, 
                drought, and flooding throughout Somalia, and call on 
                the Transitional Federal Government to actively 
                facilitate the dispersal of such assistance;
                    (B) ensure accountability for all state, non-state, 
                and external parties responsible for violations of 
                human rights and international humanitarian law in 
                Somalia, including through the deployment of United 
                Nations human rights monitors and the establishment of 
                a United Nations Commission of Inquiry to investigate 
                abuses;
                    (C) call on all parties to recommit to an inclusive 
                dialogue, with international support, in the interest 
                of promoting sustainable peace and security in Somalia 
                and across the Horn of Africa;
                    (D) urge the Government of Ethiopia, in 
                coordination with the United Nations Political Office 
                in Somalia, to develop a clear timeline for the 
                responsible withdrawal of its armed forces from 
                Somalia, to honor its obligation under the Geneva 
                Conventions to ensure protection of civilians under its 
                control, and to observe the distinction between 
                civilians and military combatants and their assets;
                    (E) urge the Government of Eritrea to play a 
                productive role in helping to bring about stability to 
                Somalia, including ceasing to provide any financial and 
                material support, such as arms and ammunition, to 
                insurgent groups in and around Mogadishu and throughout 
                the region; and
                    (F) call on all countries in the region and wider 
                international community to provide increased support 
                for AMISOM and ensure a robust civilian protection 
                mandate;
            (3) to achieve sustainable peace in the region, the 
        Transitional Federal Government, including the newly appointed 
        Prime Minister and his Cabinet, should--
                    (A) take necessary steps to protect civilians from 
                dangers related to military operations, investigate and 
                prosecute human rights abuses, provide basic services 
                to all the people of Somalia, and ensure that 
                humanitarian organizations have full access to 
                vulnerable populations;
                    (B) recommit to the Transitional Federal Charter;
                    (C) set a detailed timeline and demonstrate 
                observable progress for completing the political 
                transition laid out in the Transitional Federal Charter 
                by 2009, including concrete and immediate steps toward 
                scheduling elections as a means of establishing a 
                democratically elected government that represents the 
                people of Somalia; and
                    (D) agree to participate in an inclusive and 
                transparent political process, with international 
                support, towards the formation of a government of 
                national unity based on the principles of democracy, 
                accountability, and the rule of law.
                                 <all>