[Congressional Record Volume 144, Number 64 (Tuesday, May 19, 1998)]
[Extensions of Remarks]
[Pages E893-E896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  THE NIGERIAN DEMOCRACY AND CIVIL SOCIETY EMPOWERMENT ACT, H.R. 3890

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                         Tuesday, May 19, 1998

  Mr. GILMAN. Mr. Speaker, today I am introducing, along with 
Representative Donald M. Payne of New Jersey, the Nigerian Democracy 
and Civil Society Empowerment Act, H.R. 3890. Mr. Payne, a senior 
member of our International Relations Committee, has been a true leader 
in Congress on this issue. He identified the corrupt, venal nature of 
the Nigerian regime long before many of us, and I am pleased to work 
with him on this bill.
  Mr. Speaker, while many other African nations are moving toward 
democracy and joining the world economy, the military government of 
Nigeria has become one of the most brutal and corrupt dictatorships on 
the continent.
  Nevertheless, Nigeria remains important to U.S. interests. With a 
population of more than 100 million people, and the strongest military 
in the region, Nigeria is the key to security and development in all of 
West Africa. If Nigeria descends into chaos, millions of people from 
Senegal to Cameroon will suffer.
  Nigerian drug traffickers, who have thrived under this regime, are 
among the most skilled in the world, reportedly delivering 70% of the 
heroin that enters Chicago alone, as part of their world-wide 
distribution networks.
  Our bill sends a clear message to the military regime in Nigeria that 
the status quo is unacceptable. The Nigerian people want and deserve a 
real transition to democratic, civilian government, and this measure 
points U.S. foreign policy toward that goal. This legislation does 
three things.
  It establishes a program to assist those in Nigeria who are willing 
to take risks for democracy and human rights. As was done during the 
apartheid regime in South Africa, the United States will aid those who 
stand against the illegitimate government of Nigeria and for a return 
to democratic, civilian rule.
  The bill codifies into law the various sanctions that have been 
imposed on Nigeria by executive order, from visa restrictions to 
prohibitions on weapons sales, and establishes conditions under which 
these sanctions can be lifted.
  The bill also mandates further measures if a transition to a 
democratic government under civilian control does not occur by the end 
of

[[Page E894]]

this year. These include additional visa restrictions and a prohibition 
against Nigerian athletes and teams participating in events in the 
United States.
  While there are no provisions for economic sanctions in the bill, we 
are considering additional measures that could be added in committee 
mark-up on the House floor.
  Mr. Speaker, the Nigerian regime is among the most venal, brutal, and 
corrupt regimes in the world. It is not enough to simply call them 
names, however. We must continue to put pressure on the military 
government and isolate it from the civilized world. This bill will help 
accomplish those goals, and I urge my colleagues to support it.

                               H.R. 3890

       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 ``Nigerian Democracy and Civil 
     Society Empowerment Act''.

     SEC. 2. FINDINGS AND DECLARATION OF POLICY.

       (a) Findings.--Congress makes the following findings:
       (1) The continued rule of the Nigerian military government, 
     in power since a 1993 coup, undermines confidence in the 
     Nigerian economy, damages relations between Nigeria and the 
     United States, threatens the political and economic stability 
     of West Africa, and harms the lives of the people of Nigeria.
       (2) The transition plan announced by the Government of 
     Nigeria on October 1, 1995, which includes a commitment to 
     hold free and fair elections, has so far failed to foster an 
     environment in which such elections would be considered free 
     and fair, nor was the transition plan itself developed in a 
     free and open manner or with the participation of the 
     Nigerian people.
       (3) The international community would consider a free and 
     fair election in Nigeria one that involves a genuinely 
     independent electoral commission and an open and fair process 
     for the registration of political parties and the fielding of 
     candidates and an environment that allows the full 
     unrestricted participation by all sectors of the Nigerian 
     population.
       (4) In particular, the process of registering voters and 
     political parties has been significantly flawed and subject 
     to such extreme pressure by the military so as to guarantee 
     the uncontested election of the incumbent or his designee to 
     the presidency.
       (5) The tenure of the ruling military government in Nigeria 
     has been marked by egregious human rights abuses, devastating 
     economic decline, and rampant corruption.
       (6) Previous and current military regimes have turned 
     Nigeria into a haven for international drug trafficking rings 
     and other criminal organizations.
       (7) On September 18, 1997, a social function in honor of 
     then-United States Ambassador Walter Carrington was disrupted 
     by Nigerian state security forces. This culminated a campaign 
     of political intimidation and personal harassment against 
     Ambassador Carrington by the ruling regime.
       (8) Since 1993, the United States and other members of the 
     international community have imposed limited sanctions 
     against Nigeria in response to human rights violations and 
     political repression.
       (9) According to international and Nigerian human rights 
     groups, at least several hundred democracy and human rights 
     activists and journalists have been arbitrarily detained or 
     imprisoned, without appropriate due process of law.
       (10)(A) The widely recognized winner of the annulled June 
     6, 1993, presidential election, Chief Moshood K. O. Abiola, 
     remains in detention on charges of treason.
       (B) General Olusegun Obassanjo (rt.), who is a former head 
     of state and the only military leader to turn over power to a 
     democratically elected civilian government and who has played 
     a prominent role on the international stage as an advocate of 
     peace and reconciliation, remains in prison serving a life 
     sentence following a secret trial that failed to meet 
     international standards of due process over an alleged coup 
     plot that has never been proven to exist.
       (C) Internationally renowned writer, Ken Saro-Wiwa, and 8 
     other Ogoni activists were arrested in May 1994 and executed 
     on November 10, 1995, despite the pleas to spare their lives 
     from around the world.
       (D) Frank O. Kokori, Secretary General of the National 
     Union of Petroleum and Natural Gas Workers (NUPENG), who was 
     arrested in August 1994, and has been held incommunicado 
     since, Chief Milton G. Dabibi, Secretary General of Staff 
     Consultative Association of Nigeria (SESCAN) and former 
     Secretary General of the Petroleum and Natural Gas Senior 
     Staff Association (PENGASSAN), who was arrested in January 
     1996, remains in detention without charge, for leading 
     demonstrations against the canceled elections and against 
     government efforts to control the labor unions.
       (E) Among those individuals who have been detained under 
     similar circumstances and who remain in prison are Christine 
     Anyanwu, Editor-in-Chief and publisher of The Sunday Magazine 
     (TSM), Kunle Ajibade and George Mbah, editor and assistant 
     editor of the News, Ben Charles Obi, a journalist who was 
     tried, convicted, and jailed by the infamous special military 
     tribunal during the reason trials over the alleged 1995 coup 
     plot, the ``Ogoni 21'' who were arrested on the same charges 
     used to convict and execute the ``Ogoni 9'' and Dr. Beko 
     Ransome-Kuti, a respected human rights activist and leader of 
     the pro-democracy movement and Shehu Sani, the Vice-Chairman 
     of the Campaign for Democracy.
       (11) Numerous decrees issued by the military government in 
     Nigeria suspend the constitutional protection of fundamental 
     human rights, allow indefinite detention without charge, 
     revoke the jurisdiction of civilian courts, and criminalize 
     peaceful criticism of the transition program.
       (12) As a signatory to the International Covenant on Civil 
     and Political Rights (ICCPR), the Harare Commonwealth 
     Declaration, and the African Charter on Human and Peoples' 
     Rights, Nigeria is obligated to grant its citizens the right 
     to fairly conduct elections that guarantee the free 
     expression of the will of the electors.
       (13) Nigeria has played a major role in restoring elected, 
     civilian governments in Liberia and Sierra Leone as the 
     leading military force within the Economic Community of West 
     African States (ECOWAS) peacekeeping force, yet the military 
     regime has refused to allow the unfettered return of elected, 
     civilian government in Nigeria.
       (14) Despite organizing and managing the June 12, 1993, 
     elections, the Nigerian military regime nullified that 
     election, imprisoned the winner a year later, and continues 
     to fail to provide a coherent explanation for their actions.
       (15) Nigeria has used its military and economic strength to 
     threaten the land and maritime borders and sovereignty of 
     neighboring countries, which is contrary to numerous 
     international treaties to which it is a signatory.
       (b) Declaration of Policy.--Congress declares that the 
     United States should encourage political, economic, and legal 
     reforms necessary to ensure rule of law and respect for human 
     rights in Nigeria and support a timely and effective 
     transition to democratic, civilian government in Nigeria.

     SEC. 3. SENSE OF CONGRESS.

       (a) International Cooperation.--It is the sense of Congress 
     that the President should, in any and all international fora, 
     seek the cooperation of other countries as part of the United 
     States policy of isolating the military government of 
     Nigeria.
       (b) United Nations Human Rights Commission.--It is the 
     sense of Congress that the President should instruct the 
     United States Representative to the United Nations Human 
     Rights Commission (UNHRC) to use the voice and vote of the 
     United States at the annual meeting of the Commission--
       (1) to condemn human rights abuses in Nigeria; and
       (2) to press for the appointment of a special rapporteur on 
     Nigeria, as called for in Commission Resolution 1997/53.
       (c) Special Envoy for Nigeria.--It is the sense of Congress 
     that, because the United States Ambassador to Nigeria, a 
     resident of both Lagos and Abuja, Nigeria, is the President's 
     representative to the Government of Nigeria, serves at the 
     pleasure of the President, and was appointed by and with the 
     advice and consent of the Senate, the President should not 
     send any other envoy to Nigeria without prior notification of 
     Congress and should not designate a special envoy to Nigeria 
     without consulting Congress.

     SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN 
                   NIGERIA.

       (a) Development Assistance.--
       (1) In general.--Of the amounts made available for fiscal 
     years 1999, 2000, and 2001 to carry out chapter 1 of part I 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.), not less than $10,000,000 for fiscal year 1999, not 
     less than $12,000,000 for fiscal year 2000, and not less than 
     $15,000,000 for fiscal year 2001 should be available for 
     assistance described in paragraph (2) for Nigeria.
       (2) Assistance described.--
       (A) In general.--The assistance described in this paragraph 
     is assistance provided to nongovernmental organizations for 
     the purpose of promoting democracy, good governance, and the 
     rule of law in Nigeria.
       (B) Additional requirement.--In providing assistance under 
     this subsection, the Administrator of the United States 
     Agency for International Development shall ensure that 
     nongovernmental organizations receiving such assistance 
     represent a broad cross-section of society in Nigeria, 
     including--
       (i) organizations with representation from various ethnic 
     groups;
       (ii) organizations containing journalists, lawyers, 
     accountants, doctors, teachers, and other professionals;
       (iii) business organizations;
       (iv) organizations that represent constituencies from 
     northern Nigeria;
       (v) religious organizations with a civic focus; and
       (vi) other organizations that seek to promote democracy, 
     human rights, and accountable government.
       (3) Grants for promotion of human rights.--Of the amounts 
     made available for fiscal years 1999, 2000, and 2001 under 
     paragraph (1), not less than $500,000 for each such fiscal 
     year should be available to the United States Agency for 
     International Development for the purpose of providing grants 
     of not more than $25,000 each to support individuals or 
     nongovernmental organizations that seek to promote, directly 
     or indirectly, the advancement of human rights in Nigeria.
       (b) USIA Information Assistance.--Of the amounts made 
     available for fiscal years 1999,

[[Page E895]]

     2000, and 2001 under subsection (a)(1), not less than 
     $1,000,000 for fiscal year 1999, $1,500,000 for fiscal year 
     2000, and $2,000,000 for fiscal year 2001 should be made 
     available to the United States Information Agency for the 
     purpose of supporting its activities in Nigeria, including 
     the promotion of greater awareness among Nigerians of 
     constitutional democracy, the rule of law, and respect for 
     human rights.
       (c) Staff Levels and Assignments of United States Personnel 
     in Nigeria.--
       (1) Finding.--Congress finds that staff levels at the 
     office of the United States Agency for International 
     Development in Lagos, Nigeria, are inadequate.
       (2) Sense of congress.--It is the sense of Congress that 
     the Administrator of the United States Agency for 
     International Development should--
       (A) increase the number of United States personnel at such 
     Agency's office in Lagos, Nigeria, from within the current, 
     overall staff resources of such Agency in order for such 
     office to be sufficiently staffed to carry out subsection 
     (a); and
       (B) consider placement of personnel elsewhere in Nigeria.

     SEC. 5. PROHIBITION ON ECONOMIC ASSISTANCE TO THE GOVERNMENT 
                   OF NIGERIA; PROHIBITION ON MILITARY ASSISTANCE 
                   FOR NIGERIA; REQUIREMENT TO OPPOSE MULTILATERAL 
                   ASSISTANCE FOR NIGERIA.

       (a) Prohibition on Economic Assistance.--
       (1) In general.--Economic assistance (including funds 
     previously appropriated for economic assistance) may not be 
     provided to the Government of Nigeria.
       (2) Economic assistance defined.--As used in this 
     subsection, the term ``economic assistance''--
       (A) means--
       (i) any assistance under part I of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.) and any assistance under 
     chapter 4 of part II of such Act (22 U.S.C. 2346 et seq.) 
     (relating to economic support fund); and
       (ii) any financing by the Export-Import Bank of the United 
     States, financing and assistance by the Overseas Private 
     Investment Corporation, and assistance by the Trade and 
     Development Agency; and
       (B) does not include disaster relief assistance, refugee 
     assistance, or narcotics control assistance under chapter 8 
     of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2291 et seq.).
       (b) Prohibition on Military Assistance or Arms Transfers.--
       (1) In general.--Military assistance (including funds 
     previously appropriated for military assistance) or arms 
     transfers may not be provided to Nigeria.
       (2) Military assistance or arms transfers.--The term 
     ``military assistance or arms transfers'' means--
       (A) assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2311 et seq.) (relating to 
     military assistance), including the transfer of excess 
     defense articles under section 516 of that Act (22 U.S.C. 
     2321j);
       (B) assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2347 et seq.) (relating to 
     international military education and training);
       (C) assistance under the ``Foreign Military Financing 
     Program'' under section 23 of the Arms Export Control Act (22 
     U.S.C. 2763); or
       (D) the transfer of defense articles, defense services, or 
     design and construction services under the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.), including defense 
     articles and defense services licensed or approved for export 
     under section 38 of that Act (22 U.S.C. 2778).
       (c) Requirement To Oppose Multilateral Assistance.--
       (1) In general.--The Secretary of the Treasury shall 
     instruct the United States executive director to each of the 
     international financial institutions described in paragraph 
     (2) to use the voice and vote of the United States to oppose 
     any assistance to the Government of Nigeria.
       (2) International financial institutions described.--The 
     international financial institutions described in this 
     paragraph are the African Development Bank, the International 
     Bank for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Multilateral Investment Guaranty Agency, and 
     the International Monetary Fund.

     SEC. 6. EXCLUSION FROM ADMISSION INTO THE UNITED STATES OF 
                   CERTAIN NIGERIAN NATIONALS.

       Notwithstanding any other provision of law, the Secretary 
     of State shall deny a visa to, and the Attorney General shall 
     exclude from the United States, any alien who is--
       (1) a current member of the Provisional Ruling Council of 
     Nigeria;
       (2) a current civilian minister of Nigeria not on the 
     Provisional Ruling Council;
       (3) a military officer currently in the armed forces of 
     Nigeria;
       (4) a person in the Foreign Ministry of Nigeria who holds 
     Ambassadorial rank, whether in Nigeria or abroad;
       (5) a current civilian head of any agency of the Nigerian 
     government with a rank comparable to the Senior Executive 
     Service in the United States;
       (6) a current civilian advisor or financial backer of the 
     head of state of Nigeria;
       (7) a high-ranking member of the inner circle of the 
     Babangida regime of Nigeria on June 12, 1993;
       (8) a high-ranking member of the inner circle of the 
     Shonekan interim national government of Nigeria;
       (9) a civilian who there is reason to believe is traveling 
     to the United States for the purpose of promoting the 
     policies of the military government of Nigeria;
       (10) a current head of a parastatal organization in 
     Nigeria; or
       (11) a spouse or minor child of any person described in any 
     of the paragraphs (1) through (10).

     SEC. 7. ADDITIONAL MEASURES.

       (a) In General.--Unless the President determines and 
     certifies to the appropriate congressional committees by 
     December 31, 1998, that a free and fair presidential election 
     has occurred in Nigeria during 1998 and so certifies to the 
     appropriate committees of Congress, the President, effective 
     January 1, 1999--
       (1) shall exercise his authority under section 203 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702) 
     to prohibit any financial transaction involving the 
     participation by a Nigerian national as a representative of 
     the Federal Republic of Nigeria in a sporting event in the 
     United States;
       (2) shall expand the restrictions in Presidential 
     Proclamation No. 6636 of December 10, 1993, to include a 
     prohibition on entry into the United States of any employee 
     or military officer of the Nigerian government and their 
     immediate families;
       (3) shall submit a report to the appropriate congressional 
     committees listing, by name, senior Nigerian government 
     officials and military officers who are suspended from entry 
     into the United States under section 6; and
       (4) shall consider additional economic sanctions against 
     Nigeria.
       (b) Actions of International Sports Organizations.--It is 
     the sense of Congress that any international sports 
     organization in which the United States is represented should 
     refuse to invite the participation of any national of Nigeria 
     in any sporting event in the United States sponsored by that 
     organization.

     SEC. 8. WAIVER OF PROHIBITIONS AGAINST NIGERIA IF CERTAIN 
                   REQUIREMENTS MET.

       (a) In General.--The President may waive any of the 
     prohibitions contained in section 5, 6, or 7 for any fiscal 
     year if the President makes a determination under subsection 
     (b) for that fiscal year and transmits a notification to 
     Congress of that determination under subsection (c).
       (b) Presidential Determination Required.--A determination 
     under this subsection is a determination that--
       (1) the Government of Nigeria--
       (A) is not harassing human rights and democracy advocates 
     and individuals who criticize the government's transition 
     program;
       (B) has established a new transition process developed in 
     consultation with the pro-democracy forces, including the 
     establishment of a genuinely independent electoral commission 
     and the development of an open and fair process for 
     registration of political parties, candidates, and voters;
       (C) is providing increased protection for freedom of 
     speech, assembly, and the media, including cessation of 
     harassment of journalists;
       (D) has released individuals who have been imprisoned 
     without due process or for political reasons;
       (E) is providing access for international human rights 
     monitors;
       (F) has repealed all decrees and laws that--
       (i) grant undue powers to the military;
       (ii) suspend the constitutional protection of fundamental 
     human rights; or
       (iii) allow indefinite detention without charge, including 
     the State of Security (Detention of Persons) Decree No. 2 of 
     1984; and
       (G) has unconditionally withdrawn the Nigerian internal 
     security task force from regions in which the Ogoni ethnic 
     group lives and from other oil-producing areas where violence 
     has been excessive; or
       (2) it is in the national interests of the United States to 
     waive the prohibition in section 5, 6, or 7, as the case may 
     be.
       (c) Congressional Notification.--Notification under this 
     subsection is written notification of the determination of 
     the President under subsection (b) provided to the 
     appropriate congressional committees not less than 15 days in 
     advance of any waiver of anye prohibition in section 5, 6, or 
     7, subject to the procedures applicable to reprogramming 
     notifications under section 634A of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2394-1).

     SEC. 9. PROHIBITION ON UNITED STATES ASSISTANCE OR 
                   CONTRIBUTIONS TO SUPPORT OR INFLUENCE ELECTION 
                   ACTIVITIES IN NIGERIA.

       (a) Prohibition.--
       (1) In general.--No department, agency, or other entity of 
     the United States Government shall provide any assistance or 
     other contribution to any political party, group, 
     organization, or person if the assistance or contribution 
     would have the purpose of effect of supporting or influencing 
     any election or campaign for election in Nigeria.
       (2) Person defined.--As used in paragraph (1), the term 
     ``person'' means any natural person, any corporation, 
     partnership, or other juridical entity.
       (b) Waiver.--The President may waive the prohibition 
     contained in subsection (a) if the President--
       (1) determines that--
       (A) the climate exists in Nigeria for a free and fair 
     democratic election that will lead to civilian rule; or

[[Page E896]]

       (B) it is in the national interests of the United States to 
     do so; and
       (2) notifies the appropriate congressional committees not 
     less than 15 days in advance of the determination under 
     paragraph (1), subject to the procedures applicable to 
     reprogramming notifications under section 634A of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2394-1).

     SEC. 10. REPORT ON CORRUPTION IN NIGERIA.

       Not later than 3 months after the date of the enactment of 
     this Act, and annually for the next 5 years thereafter, the 
     Secretary of State shall prepare and submit to the 
     appropriate congressional committees, and make available to 
     the public, a report on governmental corruption in Nigeria. 
     This report shall include--
       (1) evidence of corruption by government officials in 
     Nigeria;
       (2) the impact of corruption on the delivery of government 
     services in Nigeria;
       (3) the impact of corruption on United States business 
     interests in Nigeria;
       (4) the impact of advance fee fraud, and other fraudulent 
     business schemes originating in Nigeria, on United States 
     citizens; and
       (5) the impact of corruption on Nigeria's foreign policy.

     SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

       Except as provided in section 6, in this Act, the term 
     ``appropriate congressional committees'' means--
       (1) the Committee on International Relations of the House 
     of Representatives; and
       (2) the Committee on Foreign Relations of the Senate.

       

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