1.This Act may be cited as
the Support for Democracy and Human
Rights in Ethiopia Act of 2010
.
2.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.
3.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.
4.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.
5.Restrictions on
assistance
(a)
(1)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)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)The
prohibitions in paragraph (1) shall not apply to—
(1)health and
HIV/AIDS assistance;
(2)humanitarian
assistance; or
(3)emergency food
aid.
(c)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).
6.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.