[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3757 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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