    [House Hearing, 112 Congress]
    [From the U.S. Government Publishing Office]

        BELARUS DEMOCRACY ACT OF 2011; AND A RESOLUTION SUPPORTING THE
    DEMOCRATIC ASPIRATIONS OF THE IVORIAN PEOPLE AND CALLING ON THE UNITED
     STATES TO APPLY INTENSE DIPLOMATIC PRESSURE AND PROVIDE HUMANITARIAN
          SUPPORT IN RESPONSE TO THE POLITICAL CRISIS IN COTE D'IVOIRE

    =======================================================================

                                     MARKUP

                                   BEFORE THE

                     SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,
                                AND HUMAN RIGHTS

                                     OF THE

                          COMMITTEE ON FOREIGN AFFAIRS
                            HOUSE OF REPRESENTATIVES

                          ONE HUNDRED TWELFTH CONGRESS

                                 FIRST SESSION

                                       ON

                            H.R. 515 and H. Res. 85

                                   __________

                                 APRIL 13, 2011

                                   __________

                               Serial No. 112-53

                                   __________

            Printed for the use of the Committee on Foreign Affairs

     Available via the World Wide Web: http://www.foreignaffairs.house.gov/

                                     ______

                      U.S. GOVERNMENT PRINTING OFFICE
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    20402-0001

                          COMMITTEE ON FOREIGN AFFAIRS

                     ILEANA ROS-LEHTINEN, Florida, Chairman
    CHRISTOPHER H. SMITH, New Jersey     HOWARD L. BERMAN, California
    DAN BURTON, Indiana                  GARY L. ACKERMAN, New York
    ELTON GALLEGLY, California           ENI F.H. FALEOMAVAEGA, American
    DANA ROHRABACHER, California             Samoa
    DONALD A. MANZULLO, Illinois         DONALD M. PAYNE, New Jersey
    EDWARD R. ROYCE, California          BRAD SHERMAN, California
    STEVE CHABOT, Ohio                   ELIOT L. ENGEL, New York
    RON PAUL, Texas                      GREGORY W. MEEKS, New York
    MIKE PENCE, Indiana                  RUSS CARNAHAN, Missouri
    JOE WILSON, South Carolina           ALBIO SIRES, New Jersey
    CONNIE MACK, Florida                 GERALD E. CONNOLLY, Virginia
    JEFF FORTENBERRY, Nebraska           THEODORE E. DEUTCH, Florida
    MICHAEL T. McCAUL, Texas             DENNIS CARDOZA, California
    TED POE, Texas                       BEN CHANDLER, Kentucky
    GUS M. BILIRAKIS, Florida            BRIAN HIGGINS, New York
    JEAN SCHMIDT, Ohio                   ALLYSON SCHWARTZ, Pennsylvania
    BILL JOHNSON, Ohio                   CHRISTOPHER S. MURPHY, Connecticut
    DAVID RIVERA, Florida                FREDERICA WILSON, Florida
    MIKE KELLY, Pennsylvania             KAREN BASS, California
    TIM GRIFFIN, Arkansas                WILLIAM KEATING, Massachusetts
    TOM MARINO, Pennsylvania             DAVID CICILLINE, Rhode Island
    JEFF DUNCAN, South Carolina
    ANN MARIE BUERKLE, New York
    RENEE ELLMERS, North Carolina
    VACANT
                       Yleem D.S. Poblete, Staff Director
                 Richard J. Kessler, Democratic Staff Director
                                     ------

            Subcommittee on Africa, Global Health, and Human Rights

                   CHRISTOPHER H. SMITH, New Jersey, Chairman
    JEFF FORTENBERRY, Nebraska           DONALD M. PAYNE, New Jersey
    TIM GRIFFIN, Arkansas                KAREN BASS, California
    TOM MARINO, Pennsylvania             RUSS CARNAHAN, Missouri
    ANN MARIE BUERKLE, New York

                                C O N T E N T S

                                  ----------
                                                                       Page

                                   MARKUP OF

    H.R. 515, To reauthorize the Belarus Democracy Act of 2004.......     2
      Amendment to H.R. 515 offered by the Honorable Christopher H.
        Smith, a Representative in Congress from the State of New
        Jersey, and chairman, Subcommittee on Africa, Global Health,
        and Human Rights.............................................    16
    H. Res. 85, A resolution supporting the democratic aspirations of
      the Ivoirian people and calling on the United States to apply
      intense diplomatic pressure and provide humanitarian support in
      response to the political crisis in Cote d'Ivoire..............    24
      Amendment in the nature of a substitute to H. Res. 85 offered
        by the Honorable Donald M. Payne, a Representative in
        Congress from the State of New Jersey........................    31

              LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING

    The Honorable Christopher H. Smith:
      Prepared statement on H.R. 515.................................    21
      Prepared statement on H. Res. 85...............................    40

                                    APPENDIX

    Hearing notice...................................................    44
    Hearing minutes..................................................    45

        BELARUS DEMOCRACY ACT OF 2011; AND A RESOLUTION SUPPORTING THE
    DEMOCRATIC ASPIRATIONS OF THE IVORIAN PEOPLE AND CALLING ON THE UNITED
     STATES TO APPLY INTENSE DIPLOMATIC PRESSURE AND PROVIDE HUMANITARIAN
          SUPPORT IN RESPONSE TO THE POLITICAL CRISIS IN COTE D'IVOIRE

                                  ----------

                           WEDNESDAY, APRIL 13, 2011

                  House of Representatives,
             Subcommittee on Africa, Global Health,
                                       and Human Rights
                                  Committee on Foreign Affairs,
                                                        Washington, DC.
        The committee met, pursuant to notice, at 10:28 a.m., in
    room 2172 Rayburn House Office Building, Hon. Christopher H.
    Smith (chairman of the subcommittee) presiding.
        Mr. Smith. The subcommittee will now come to order for a
    markup on two pieces of legislation. Pursuant to notice, for
    purposes of markup, I call up the bill H.R. 515, the Belarus
    Democracy Act of 2011.
        [H.R. 515 follows:]

        Mr. Smith. And then following that, we will then be calling
    up H. Res. 85, authored by Mr. Payne, which concerns all
    relevant issues with Cote d'Ivoire.
        Without objection, H.R. 515, the Belarus Democracy Act,
    will be considered as read and open for amendment at any point.
    I have a bipartisan amendment that members have in front of
    them in their packets, which was provided previously to your
    offices as well, and it is available online as well. The clerk
    will report the amendment.
        Mr. Kearney. Amendment to H.R. 515, offered by Mr. Smith of
    New Jersey. Page 1, line 5, strike ``Reauthorization'' and
    insert ``and Human Rights.'' Page 3, line 14, insert at the end
    before the period, the following: ``, sometimes by--''
        [The amendment offered by Mr. Smith of New Jersey follows:]

        Mr. Smith. Without objection, the amendment will be
    considered as read. And I recognize myself to speak. I will not
    read my entire statement.
        We did have an extensive hearing on Belarus just the other
    day, at which we focused on the despicable actions of Alekandr
    Lukashenka, who is the dictator, especially as relates to the
    fraudulent December 19th election in Belarus, and the ongoing
    crackdown on democracy activists and independent journalists by
    the Lukashenka dictatorship.
        Immediately after the election, the government responded to
    peaceful protests against electoral fraud with savage mass
    beatings and large-scale detentions. Over 700 people were hurt.
    Some of those jailed have been abused, and even tortured. A
    number of them have already received harsh sentences of up to 4
    years. Nearly 30 remain in detention.
        Their families, lawyers, journalists, and democratic
    activists continue to be harassed and intimidated. The
    crackdown follows the pattern of repression that has
    characterized Lukashenka's nearly 17-year rule. Through a
    series of rigged elections, large-scale intimidation, and
    suppression of independent media and civil society, the
    dictator has long since consolidated his control over virtually
    all national institutions.
        Lukashenka's dictatorship has the worst democracy and human
    rights record of any government in Europe. Several years ago,
    legislation I authored known as the Belarus Democracy Act of
    2004 and the Belarus Democracy Reauthorization Act of 2006
    passed the House and Senate, and was signed into law, with
    overwhelming bipartisan support. H.R. 515 takes as a starting
    point the approach of the earlier legislation.
        And without objection, I would ask that my full statement
    be included in the record at this point.
        [The prepared statement of Mr. Smith of New Jersey
    follows:]

                                  ----------

        Mr. Smith. I would like to recognize Mr. Payne.
        Mr. Payne. Yes, thank you. I have an amendment in the
    nature of a substitute, an amendment on Cote d'Ivoire, and if
    the clerk----
        Mr. Smith. We will go right to that in 1 second. Anything
    on Belarus?
        Mr. Payne. Oh, excuse me.
        Mr. Smith. Do any other members wish to speak on the
    Belarus Democracy Act?
        Mr. Payne. Let me just commend you for your efforts, your
    diligence, how you have followed this through the decades. And
    I am very pleased that this issue has come to the fore, and I
    certainly support wholeheartedly this resolution.
        Mr. Smith. Thank you very much, Mr. Payne. Hearing no
    further requests to speak, the question is on agreeing to the
    amendment. All those in favor say aye.
        [Ayes.]
        Mr. Smith. All those opposed say no. In the opinion of the
    chair, the ayes have it and the amendment is agreed to. Hearing
    no further amendments, I move that the bill as amended be
    reported favorably to the full Committee on Foreign Affairs.
    All those in favor say aye.
        [Ayes.]
        Mr. Smith. All those opposed say no. The ayes have it, and
    the motion is agreed to. Without objection, the bill as amended
    will be reported favorably to the full committee in the form of
    a single amendment in the nature of a substitute. Without
    objection, the staff is directed to make any technical and
    conforming amendments.
        I now call up the measure H. Res. 85, a resolution
    supporting the democratic aspirations of the Ivorian people,
    and calling on the United States to apply intense diplomatic
    pressure and provide humanitarian support in response to the
    political crisis in Cote d'Ivoire.
        [H. Res. 85 follows:]

        Mr. Smith. Without objection, the bill will be considered
    as read and open for amendment at any point. And I recognize my
    good friend, the ranking member, to offer his amendment in the
    nature of a substitute, that members again have in front of
    them, that was provided previously to your offices, and made
    available online. Mr. Payne?
        Mr. Payne. Thank you very much, Mr. Chairman. Since we just
    had a very thorough hearing, I will be very brief. I just
    appreciate the amendment being brought up. We know that this is
    something that is very important, and we look for support from
    all of the members here.
        I would also like to, although they just left, acknowledge
    the fact that the Ambassador from Cote d'Ivoire was with us,
    Mr. Diabate, who just left. And also a group from the Ivorian
    Watch, headed by Mrs. Bernadette Paolo, and her group was still
    here.
        So I have an amendment at the desk.
        Mr. Smith. Thank you, Mr. Payne. The clerk will report the
    amendment.
        Mr. Kearney. Amendment in the nature of a substitute to H.
    Res. 85, offered by Mr. Payne of New Jersey. Strike the
    preamble, and insert the following: Whereas, on March 4, 2007,
    key political leaders of Cote d'Ivoire signed--
        [The amendment offered by Mr. Payne follows:]

        Mr. Smith. Without objection, the amdendment is considered
    as read, and I would ask unanimous consent to include my full
    statement in the record. Without objection, so ordered.
        [The prepared statement of Mr. Smith of New Jersey
    follows:]

                                  ----------

        Mr. Smith. And I do yield to Mr. Payne.
        Mr. Payne. Thank you very much. As I was saying, we have
    just had a hearing. I think that everything is pretty clear. I
    once again appreciate the amendment being brought up, and urge
    its support.
        Mr. Smith. Thank you very much, Mr. Payne, and I commend
    you on your resolution. It is an outstanding resolution, and we
    will push very hard to see that it comes to the floor.
        Would any other members like to be heard? Hearing no
    further requests to speak, the question is on agreeing to the
    amendment in the nature of a substitute. All those in favor,
    say aye.
        [Ayes.]
        Mr. Smith. All those opposed say no. In the opinion of the
    chair, the ayes have it. The amendment is agreed to. Hearing no
    further amendments, I move that the resolution as amended be
    reported favorably to the full Committee on Foreign Affairs.
    All those in favor say aye.
        [Ayes.]
        Mr. Smith. All those opposed, no. The ayes have it. The
    motion is agreed to, and the resolution as amended is reported
    favorably to the full committee. Without objection, the staff
    is directed to make any technical and conforming amendments.
    That concludes our business, and without objection the
    subcommittee markup stands adjourned.
        [Whereupon, at 10:35 a.m., the subcommittee was adjourned.]

                                A P P E N D I X

                                  ----------

         Material Submitted for the Hearing Record