[Congressional Record Volume 144, Number 113 (Tuesday, September 1, 1998)]
[Senate]
[Pages S9739-S9751]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN OPERATIONS, EXPORT FINANCING AND RELATED AGENCIES
APPROPRIATIONS ACT, 1999
The Senate continued with the consideration of the bill.
Privilege of the Floor
Mr. INHOFE. Mr. President, I ask unanimous consent that the privilege
of the floor be extended to Dan Groeschen, a fellow from the Air Force,
during the consideration of this bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCONNELL. Mr. President, I ask unanimous consent that Robert
Streurer and Tam Somerville of my office be given the privilege of the
floor.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCONNELL. Mr. President, the pending business is the foreign
operations appropriations bill. There are very few amendments left to
be dealt with. I ask the Chair what amendment is pending.
The PRESIDING OFFICER. The current amendment pending is No. 3006
offered by the Senator from Pennsylvania.
Mr. McCONNELL. The Senator from California has been waiting patiently
to offer a couple of amendments, which I am cosponsoring. It looks to
me, I say to my friend, as if we are now ready to deal with those. I
ask unanimous consent that the pending amendment be temporarily set
aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from California is recognized.
Amendment No. 3507
(Purpose: To state United States support for a peaceful
economic and political transition in Indonesia)
Mrs. FEINSTEIN. Mr. President, I send an amendment to the desk and
ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from California [Mrs. Feinstein], for herself
and Mr. McCONNELL, proposes an amendment numbered 3507.
Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place in title V, insert the following:
Sec. ____. (a) Findings.--Congress makes the following
findings:
(1) Indonesia is the World's 4th most populous nation, with
a population in excess of 200,000,000 people.
(2) Since 1997, political, economic, and social turmoil in
Indonesia has escalated.
(3) Indonesia is comprised of more than 13,000 islands
located between the mainland of Southeast Asia and Australia.
Indonesia occupies an important strategic location,
straddling vital sea lanes for communication and commercial
transportation including all or part of every major sea route
between the Pacific Ocean and the Indian Ocean, more than 50
percent of all international shipping trade, and sea lines of
communication used by the United States Pacific Command to
support operations in the Persian Gulf.
(4) Indonesia has been an important ally of the United
States, has made vital contributions to the maintenance of
regional peace and stability through its leading role in the
Association of South East Asian Nations (ASEAN) and the Asia
Pacific Economic Cooperation forum (APEC), and has promoted
United States economic, political, and security interests in
Asia.
(5) In the 25 years before the onset of the recent
financial crisis in Asia, the economy of Indonesia grew at an
average rate of 7 percent per year.
(6) Since July 1997, the Indonesian rupiah has lost 70
percent of its value, and the Indonesian economy is now at a
near standstill characterized by inflation, tight liquidity,
and rising unemployment.
(7) Indonesia has also faced a severe drought and massive
fires in the past year which have adversely affected its
ability to produce sufficient food to meet its needs.
[[Page S9740]]
(8) As a consequence of this economic instability and the
drought and fires, as many as 100,000,000 people in Indonesia
may experience food shortages, malnutrition, and possible
starvation as a result of being unable to purchase food.
These conditions increase the potential for widespread social
unrest in Indonesia.
(9) Following the abdication of Indonesia President Suharto
in May 1998, Indonesia is in the midst of a profound
political transition. The current president of Indonesia,
B.J. Habibie, has called for new parliamentary elections in
mid-1999, allowed the formation of new political parties, and
pledged to resolve the role of the military in Indonesian
society.
(10) The Government of Indonesia has taken several
important steps toward political reform and support of
democratic institutions, including support for freedom of
expression, release of political prisoners, formation of
political parties and trade unions, preparations for new
elections, removal of ethnic designations from identity
cards, and commitments to legal and civil service reforms
which will increase economic and legal transparency and
reduce corruption.
(11) To address the food shortages in Indonesia, the United
States Government has made more than 230,000 tons of food
available to Indonesia this year through grants and so-called
``soft'' loans and has pledged support for additional wheat
and food to meet emergency needs in Indonesia.
(12) United States national security interests are well-
served by political stability in Indonesia and by friendly
relations between the United States and Indonesia.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the decision of the Clinton Administration to make
available at least 1,500,000 tons of wheat, wheat products,
and rice for distribution to the most needy and vulnerable
Indonesians is vital to the well-being of all Indonesians;
(2) the Clinton Administration should work with the World
Food Program and nongovernmental organizations to design
programs to make the most effective use of food donations in
Indonesia and to expedite delivery of food assistance in
order to reach those in Indonesia most in need;
(3) the Clinton Administration should adopt a more active
approach in support of democratic institutions and processes
in Indonesia and provide assistance for continued economic
and political development in Indonesia, including--
(A) support for humanitarian programs aimed at preventing
famine, meeting the needs of the Indonesian people, and
inculcating social stability;
(B) leading a multinational effort (including the active
participation of Japan, the nations of Europe, and other
nations) to assist the programs referred to in subparagraph
(A);
(C) calling on donor nations and humanitarian and food aid
programs to make additional efforts to meet the needs of
Indonesia and its people while laying the groundwork for a
more open and participatory society in Indonesia;
(D) working with international financial institutions to
recapitalize and reform the banking system, restructure
corporate debt, and introduce economic and legal transparency
in Indonesia;
(E) urging the Government of Indonesia to remove, to the
maximum extent possible, barriers to trade and investment
which impede economic recovery in Indonesia, including
tariffs, quotas, export taxes, nontariff barriers, and
prohibitions against foreign ownership and investment;
(F) urging the Government of Indonesia to--
(i) recognize the importance of the participation of all
Indonesians, including ethnic and religious minorities, in
the political and economic life of Indonesia; and
(ii) take appropriate action to assure the support and
protection of minority participation in the political,
social, and economic life of Indonesia;
(iii) release individuals detained or imprisoned for their
political views.
(G) support for efforts by the Government of Indonesia to
cast a wide social safety net in order to provide relief to
the neediest Indonesians and to restore hope to those
Indonesians who have been harmed by the economic crisis in
Indonesia;
(H) support for efforts to build democracy in Indonesia in
order to strengthen political participation and the
development of legitimate democratic processes and the rule
of law in Indonesia, including support for organizations,
such as the Asia Foundation and the National Endowment for
Democracy, which can provide technical assistance in
developing and strengthening democratic political
institutions and processes in Indonesia;
(I) calling on the Government of Indonesia to repeal all
laws and regulations that discriminate on the basis of
religion or ethnicity and to ensure that all new laws are in
keeping with international standards on human rights; and
(J) calling on the Government of Indonesia to establish,
announce publicly, and adhere to a clear timeline for
parliamentary elections in Indonesia.
(c) Report.--(1) Not later than 6 months after the date of
enactment of this Act, the Secretary of State shall submit to
Congress a report containing the following:
(A) A description and assessment of the actions taken by
the Government of the United States to work with the
Government of Indonesia to further the objectives referred to
in subsection (b)(3).
(B) A description and assessment of the actions taken by
the Government of Indonesia to further such objectives.
(C) An evaluation of the implications of the matters
described and assessed under subparagraphs (A) and (B), and
any other appropriate matters, for relations between the
United States and Indonesia.
(2) The report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that that
amendment be temporarily set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 3508
(Purpose: To condemn the rape of ethnic Chinese women in
Indonesia and the May 1998 riots in Indonesia)
Mrs. FEINSTEIN. Mr. President, I send an amendment to the desk and
ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The bill clerk read as follows:
The Senator from California [Mrs. Feinstein], for herself
and Mr. McConnell, proposes an amendment numbered 3508.
Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place in title V, insert the following:
Sec. ____. (a) Findings.--Congress makes the following
findings:
(1) In May 1998, more than 1,200 people died in Indonesia
as a result of riots, targeted attacks, and violence in
Indonesia. According to numerous reports by human rights
groups, United Nations officials, and the press, ethnic
Chinese in Indonesia were specifically targeted in the riots
for attacks which included acts of brutality, looting, arson,
and rape.
(2) Credible reports indicate that, between May 13 and May
15, 1998, at least 150 Chinese women and girls, some as young
as 9 years of age, were systematically raped as part of a
campaign of racial violence in Indonesia, and 20 of these
women subsequently died from injuries incurred during these
rapes.
(3) Credible evidence indicates that these rapes were the
result of a systematic and organized operation and may well
have continued to the present time.
(4) Indonesia President Habibie has stated that he believes
the riots and rapes to be ``the most inhuman acts in the
history of the nation'', that they were ``criminal'' acts,
and that ``we will not accept it, we will not let it happen
again.''.
(5) Indonesian human rights groups have asserted that the
Indonesia Government failed to take action necessary to
control the riots, violence, and rapes directed against
ethnic Chinese in Indonesia and that some elements of the
Indonesia military may have participated in such acts.
(6) The Executive Director of the United Nations
Development Fund for Women has stated that the attacks were
an ``organized reaction to a crisis and culprits must be
brought to trial'' and that the systematic use of rape in the
riots ``is totally unacceptable. . . and even more disturbing
than rape war crimes, as Indonesia was not at war with
another country but caught in its own internal crisis''.
(7) The Indonesia Government has established the Joint
National Fact Finding Team to investigate the violence and
allegations of gang rapes, but there are allegations that the
investigation is moving slowly and that the Team lacks the
authority necessary to carry out an appropriate
investigation.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the mistreatment of ethnic Chinese in Indonesia and the
criminal acts carried out against them during the May 1998
riots in Indonesia is deplorable and condemned;
(2) a complete, full, and fair investigation of such
criminal acts should be completed by the earliest possible
date, and those identified as responsible for perpetrating
such criminal acts should be brought to justice;
(3) the investigation by the Government of Indonesia,
through its Military Honor Council, of those members of the
armed forces of Indonesia suspected of possible involvement
in the May 1998 riots, and of any member of the armed forces
of Indonesia who may have participated in criminal acts
against the people of Indonesia during the riots, is
commended and should be supported;
(4) the Government of Indonesia should take action to
assure--
(A) the full observance of the human rights of the ethnic
Chinese in Indonesia and of all other minority groups in
Indonesia;
(B) the implementation of appropriate measures to prevent
ethnic-related violence and rapes in Indonesia and to
safeguard the physical safety of the ethnic Chinese community
in Indonesia;
(C) prompt follow through on its announced intention to
provide damage loans to help rebuild businesses and homes for
those who suffered losses in the riots; and
[[Page S9741]]
(D) the provision of just compensation for victims of the
rape and violence that occurred during the May 1998 riots in
Indonesia, including medical care;
(5) the Clinton Administration and the United Nations
should provide support and assistance to the Government of
Indonesia, and to nongovernmental organizations, in the
investigations into the May 1998 riots in Indonesia in order
to expedite such investigations; and
(6) Indonesia should ratify the United Nations Convention
on Racial Discrimination, Torture, and Human Rights.
(c) Support For Investigations.--Of the amounts
appropriated by this Act for Indonesia, the Secretary of
State, after consultation with Congress, shall make available
such funds as the Secretary considers appropriate in order to
provide support and technical assistance to the Government of
Indonesia, and to independent nongovernmental organizations,
for purposes of conducting full, fair, and impartial
investigations into the allegations surrounding the riots,
violence, and rape of ethnic Chinese in Indonesia in May
1998.
(d) Report.--(1) Not later than 6 months after the date of
enactment of this Act, the Secretary of State shall submit to
Congress a report containing the following:
(A) An assessment of--
(i) whether or not there was a systematic and organized
campaign of violence, including the use of rape, against the
ethnic Chinese community in Indonesia during the May 1998
riots in Indonesia; and
(ii) the level and degree of participation, if any, of
members of the Government or armed forces of Indonesia in the
riots.
(B) An assessment of the adequacy of the actions taken by
the Government of Indonesia to investigate the May 1998 riots
in Indonesia, bring the perpetrators of the riots to justice,
and ensure that similar riots do not recur.
(C) An evaluation of the implications of the matters
assessed under subparagraphs (A) and (B) for relations
between the United States and Indonesia.
(2) The report under this subsection shall be submitted in
unclassified form, but may include a classified annex.
Mrs. FEINSTEIN. Mr. President, I rise on behalf of the distinguished
chairman of the subcommittee and myself to address the two amendments
that I have just sent to the desk. The first amendment addresses the
political, economic, and social turmoil now facing Indonesia, one of
our most important allies, and calls for a more active U.S. role in
supporting a peaceful economic and political transition in Indonesia.
The second amendment expresses my concern and condemnation over the
allegations regarding the brutal treatment and rape of ethnic Chinese
women in Indonesia during the riots that occurred this past May, a
situation that, if left unaddressed, threatens to undermine the other
progress that Indonesia is making.
Taken together, I believe that these two amendments provide a solid
framework for U.S. policy towards this vital country.
Indonesia is a country of great significance for the United States,
and we have a great deal riding on the outcome of the current period of
economic and political transition.
Indonesia is the world's fourth-most populous nation, and its ethnic
and religious diversity boasts the world's largest Muslim population;
Indonesia is comprised of over 13,000 islands which span important
sea lanes, including 50 percent of volume of all international shipping
and every major route between the Indian and Pacific Oceans;
Indonesia has served as a vital engine of East Asian economic growth.
It possesses vast natural resources, including oil and gas. Before the
disruption caused by the current global financial crisis, the World
Bank in 1997 estimated that Indonesia would possess the world's 6th
largest economy by early in the new century, and Indonesia has been an
active proponent of more liberal trade measures in the Asia-Pacific
region;
As the largest member of ASEAN, and a founder of the Asian Regional
Forum, Indonesia has been a linchpin of regional security, and has
worked with the United States on many key regional security concerns;
In short, the United States has a profound national interest in the
emergence of a stable, prosperous and democratic Indonesia from its
current period of instability.
Let me briefly recap some of the issues currently facing Indonesia
and the developments which underscore, I believe, the need for these
two Amendments.
First, in response to public pressure to step down, earlier this year
President Suharto resigned after thirty-two years in office. Following
an orderly transfer of power, the new President, B.J. Habibie,
assembled a cabinet, took some initial steps towards political reform,
and pledged new elections.
Several dangers still lie ahead. Indonesia lacks a system with strong
and capable democratic institutions and has a long history of regional,
religious and ethnic tensions. The road to a more open and democratic
political system will be long and hazardous.
Second, at the same time as Indonesia must make progress in this
political transition, it is imperative that the Habibie government also
take action to address the economic crisis that continues to buffet
Indonesia.
In other words, it is in the national interest of the United States
that there be a stable, prosperous and democratic Indonesia and that it
come out of its current period of instability.
The first amendment before this body addresses the political,
economic, and the social turmoil now facing Indonesia, and it calls for
a more active U.S. role in supporting a peaceful economic and political
transition and for America to lead a major humanitarian effort. Mr.
President, today, at least 7\1/2\ million people are facing starvation
in that country.
The second amendment is a sense of the Senate that expresses the
concern and condemnation regarding allegations for the brutal
mistreatment of the ethnic Chinese community within that country. That
community totals about 6 percent of Indonesia's population. It is an
entrepreneurial mercantile class. Once before, in the 1960s, during a
pro-Communist revolution, the Chinese ethnic community was made a
scapegoat, and literally tens of thousands of people were killed. This
time, once again, there was a brutal outbreak against this community,
and this resolution condemns it in no uncertain terms.
Mr. President, I believe that Indonesia is extraordinarily important
economically. As I said, the rupiah has fallen by over 70 percent in
value in the past year. The country is saddled with about $80 billion
in private debt and the prospect of a fall of 10 percent in its gross
domestic product and a drop of over 25 percent of its manufacturing
output. The economy is at a standstill. Inflation is threatening to
reach triple digits and unemployment is rising rapidly.
While I believe that Indonesia has the long-term capacity to work its
way back to prosperity, in the short term the pain will likely get
worse as the full effect of the financial crisis works its way through
the economy.
Finally, Indonesia is on the brink of a profound humanitarian crisis.
In the past year Indonesia has faced severe droughts and massive
fires, with the end result being that Indonesia is now unable to
produce sufficient food to meet the needs of its people--food shortages
which have been exacerbated by the current economic crisis.
In a somewhat limited assessment earlier this year, the World Food
Program estimated that more than 7.5 million Indonesians in the Eastern
areas faced severe food shortages, malnutrition, and starvation as a
result of the drought and fires. Others have estimated that with the
effects of the economic crisis compounding the natural disasters,
upwards of 100 million people across all of Indonesia may soon face
acute food shortages.
The Administration, I believe, is to be commended for its handling of
the situation thus far. President Clinton's meeting with Suharto at
APEC last fall, Special Presidential Envoy Mondale's session with
Suharto in March, Secretary Albright's numerous discussions with
Foreign Minister Alatas, and Assistant Secretary Roth's many trips to
Jakarta have provided the United States an opportunity to encourage and
support Indonesian political and economic reform.
The Administration has also made important pledges of food aid--more
than 230,000 tons this year through grants and ``soft'' loans, with
much more promised if and as the crisis deepens.
In assessing the challenges facing Indonesia, however, I believe that
the United States must do more to assist the people of Indonesia to
take advantage of the challenges and opportunities of a post-Suharto
era.
Indeed, beyond the ``macro'' questions of political and economic
reform,
[[Page S9742]]
hard-won gains made over the past thirty years in such areas as
nutrition, sanitation and public health are all under threat, while,
crime, child labor, and poverty are on the rise. Ordinary Indonesians
are suffering as a result of this crisis.
First, in recognition of the need to help alleviate that suffering,
this Amendment supports the Administration's pledges of humanitarian
food assistance. Moreover, it calls on the United States to take a
leading role in the international community in developing and
implementing efforts to meet Indonesia's humanitarian and food needs,
with the goal of assuring that programs are put in place which will
prevent famine and which will meet the basic needs of Indonesia's
people.
I believe it is extraordinarily important that the United States lead
a major international effort at humanitarian relief to see that the
people of Indonesia avoid starvation. And this sense of the Senate, the
first resolution, puts this body in support of the administration's
actions and urges the administration to go a step further and lead a
major international humanitarian relief effort.
Second, this amendment supports Indonesia's efforts to move forward
with economic reforms. As I have already said, while I am encouraged by
some of the positive signs we have seen thus far, the key question is
whether the Habibie government will be more successful than its
predecessor in carrying through on its economic reform commitments.
To that end this amendment calls on the United States to adopt a more
aggressive approach to working with Indonesia to implement serious and
far reaching economic and fiscal reform: To restructure corporate debt,
reform bankrupt and corrupt economic structures, implement transparent
legal and banking systems, and open its economy to greater
international trade.
At the same time, this amendment recognizes that such economic reform
can not come without considerable disruption to the lives of many
Indonesians, and it thus supports efforts by the Government of
Indonesia to cast a wide social safety net to provide relief to those
in need.
Finally, given President Habibie's public affirmation of the
importance of moving on political reform and economic recovery in
tandem--an approach I agree with--this amendment also calls on the
Administration to take a more activist approach to working to develop
democratic institutions and processes in Indonesia, to see that the
human rights of all Indonesians are respected and protected, and for
the Government of Indonesia to adhere to its commitment to hold
elections.
In sum, this amendment seeks to encourage the development of more
active and engaged U.S. approach to Indonesia, and a U.S. policy which
will work the Indonesian government to develop and lead a reform
process that is deep and wide, reaches out to all Indonesians, and lays
the groundwork for restored confidence in Indonesia's political and
economic future.
The second amendment which I have offered today speaks to a specific
situation in Indonesia which I fear, if left unaddressed, runs the risk
of undermining the progress which Indonesia has made and the goals
articulated by my first amendment: The question is the treatment of its
ethnic Chinese minority during the riots of this May, and specifically
what appears to be systematic rape against the female population as an
instrument of terror.
Mr. President, in all too many places and in all too many conflicts
in recent years we have witnessed the use of rape and sexual torture as
an instrument of war and ethnic cleansing. Although, I am sad to say,
some incidents of rape have always accompanied war and turmoil in human
history, the record of the past few years, with the use of organized,
systematic campaigns of rape as a tool of terror, is almost as though a
new chapter in the barbarity of human history has been opened.
I was therefore deeply troubled when I learned that there are serious
and credible allegations that rape was used as an instrument of terror
in targeted attacks on the ethnic Chinese community in Indonesia during
the riots this past May.
According to credible reports, at least 168 cases of rape occurred in
Jakarta alone during the riots of May 13-15, 1998 as part of a pattern
of political violence targeted against ethnic Chinese in Indonesia.
An investigative report published in Asiaweek on July 24, 1998
describes incidents documented by Rosita Noer, an Indonesian physician
and human rights activist. For example, ``In three Chinese areas of
west Jakarta, between 5 and 8 pm, dozens of men dragged a hundred or so
girls on to the streets, stripped them and forced them to dance before
a crowd. Twenty were raped, then some burned alive, says Noer. She
examined six other victims attacked in their homes in different areas
of Jakarta. The girls were between the ages of 14 and 20; four of them
had been raped by seven men.''
In light of such reports, I was encouraged by President Habibie's
decision two months ago to set up a national committee of inquiry to
investigate the rapes, and his branding these rapes as criminal,
inhumane actions.
I have been troubled, however, by the lack of clear and decisive
action taken by the Government of Indonesia over the past three months
to investigate these rapes and bring the perpetrators to justice.
Just this past weekend, for example, Indonesian Women's Affairs
Minister Tutty Alawiah, one of the leaders of the government
investigation, was reported in the press to have stated that ``The team
has been conducting an investigation for 1\1/2\ months now but has
found no women who fell victim to gang rape or who claimed to have been
raped during the May riots.''
Minister Tutty Alawiah's statement, and those of other leading
Indonesian political figures have also been quoted in the press as
doubting the veracity of the rapes, fly in the face of the voluminous
credible findings of independent groups, such as the Indonesian Human
Rights Commission, as well as numerous reports in the media, which have
found considerable evidence of the these criminal, inhuman, rapes.
For example, in an August 3, 1998 story Business Week reported that
``On May 14, trucks loaded with muscular men raced to shopping centers
and housing projects owned by ethnic Chinese. The men doused the shops
and houses with gasoline and set off devastating fires. At least 182
women were raped or sexually tortured, some of them repeatedly, by men
with crewcuts whom the victims believed to be soldiers. At least 20
women are confirmed to have died as a result.''
``Confirmed to have died.'' I do not want to cast aspersions on the
government's official investigation, but I can not help but find it
curious that a journalist can find evidence of the rapes and the
aftermath yet one of the leaders of the government's investigation can
not.
I find this particularly troubling in light of an August 1, 1998
Agence France-Presse news story which reported that ``At least 22
victims and witnesses of rapes during the widespread rioting in
Indonesia in May have talked to a team set up by the government to
probe violence during the unrest.''
What has become of the evidence provided by these 22 victims and
witnesses, that Minister Tutty Alawiah claims that no evidence of the
rapes can be found and that no victims have come forward?
The Chicago Tribune, on July 29, 1998, carried a story featuring
``Aileen'', a still-hospitalized 24 year old ethnic Chinese women raped
by a group of men and left in a pool of blood.
Are the government investigators unwilling or unable to find this
women, and the many others like her, so easily found and interviewed by
an American journalist?
Perhaps most telling, a July 13, 1998 report by the Volunteers Team
for Humanity, headed by Father Sandyawan, a respected Indonesian human
rights activist, found ample documentation of systematic and organized
rapes targeted at Indonesia's ethnic Chinese community.
The report contains locations of rapes, the modus operandi of the
perpetrators, dates of the rapes, and quotes from victims and
witnesses, among other documentary evidence.
Indeed, it is ironic to note that the authors of this July 13 report
undertook their documentary efforts precisely because they feared that
there
[[Page S9743]]
would be efforts to ``cover the case up as if it never happened.''
What has become of this credible volume of documentation gathered by
a respected independent group in the context of the government
investigation?
In short, there appears to be ample evidence that these rapes
occurred, and that the director of the United Nations Development Fund
for Women was well-founded in her belief when she stated that these
rapes occurred as part of an ``organized reaction to crisis.''
I realize that the Indonesian government investigation is not yet
complete. But I find it deeply troubling that there are signs that the
official government investigation of these incidents may be guided more
by political considerations then by a commitment to the truth and to
justice.
We all know that there are numerous problems that arise with efforts
to investigate and document rape. Many women are afraid to speak to
investigators. There is embarrassment and great social stigma.
And, in a case like Indonesia, where there are allegations that
members of the armed forces may have been involved in the riots and
rapes, there is a special need to assure that any victims who cooperate
with the investigation receive protection.
But given the ability of others--independent groups and the media--to
compile significant and credible evidence of the rapes which appeared
to have occurred during the May riots, it is unsettling, to say the
least, to be faced with the prospect that the government may try to
deny that the rapes occurred at all, let alone to bring to justice
those responsible.
Thus, the second Amendment which I have offered here today condemns
in no uncertain terms the rapes and mistreatment of the ethnic Chinese
community during the May riots.
Moreover, it urges a full, fair, and complete investigation of the
rape allegations and calls for those responsible to be brought to
justice.
It calls on the Government of Indonesia to assure that the human
rights of the ethnic Chinese community--indeed of all Indonesians--
should be respected and protected; that the reparations the government
has pledged to those who lost property in the May riots should be
expedited, and that rape victims should receive just compensation as
well, including medical care where still-needed.
The Amendment also calls on the Administration to provide support and
assistance to the Indonesian government and the independent human
rights groups investigating these allegations, in the interest of
assuring full, fair, and complete investigations.
Lastly, it calls for the administration to provide Congress with a
report evaluating the allegations surrounding these rapes, the actions
taken by the Government of Indonesia, and the implications for U.S.-
Indonesian relations.
Essentially what the resolution does is condemn these acts, calls on
the administration to work with the Indonesian government committee
investigating these acts in hopes that the investigation will be
forthcoming and straightforward and will take adequate measures to
bring to justice those responsible for these riots and these rapes.
To those in Indonesia who may misinterpret my intent with this
Amendment let me be clear: I do not offer this Amendment as an attack
on the Government of Indonesia. Just the opposite. I offer it because I
understand how difficult it can be to face up to misdeeds and take
necessary and responsible action to rectify the situation, and I want
the people of Indonesia to know that as they move forward and deal with
this difficult issue that if they do the right thing their friends will
be there to offer support and assistance.
It is my belief that if Indonesia does not take adequate measures to
bring to justice those responsible for the May riots and rapes, it may
well set itself down a course in which political and economic reform,
democratization, respect for human rights--in short, many of the
measures which Indonesia so desperately needs to undertake to work
itself out of the present crisis--become all but impossible. That would
be a great tragedy for the people of Indonesia, and a great
disappointment to those of us here in the Senate who consider ourselves
friends of the Indonesian people.
Mr. President, Indonesia is undergoing a dramatic transformation. The
transition to a more pluralistic system will likely be lengthy and
difficult. The United States has long sought to promote a more open and
tolerant Indonesia. I believe that the United States must continue to
work closely with Indonesia during this critical transition period,
while acknowledging that only the Indonesian people can determine their
future. It is my hope that the two amendments which I have offered
today can contribute to this process.
I thank the chairman of the committee, the distinguished Senator from
Kentucky, for his support of these two amendments to the bill.
Mr. McCONNELL addressed the Chair.
The PRESIDING OFFICER. The Senator from Kentucky.
Mr. McCONNELL. I commend my friend and colleague from California for
these two amendments, and I am proud to be a principal cosponsor of
them.
I think the amendments both define the core problems which afflict
Indonesia, as well as offer clear support for the organizations and
initiatives which will return Indonesia to a path of economic growth as
Jakarta launches on a new democratic political course.
The road ahead for Indonesia will not be easy, but I am confident of
two things--first, what happens in Jakarta is of enormous strategic
importance to the United States. Second, we should take note that the
political changes underway are a direct result of the efforts of the
Indonesian people. As they suffer an acute economic crisis causing
dislocation, devastation and pain, they have managed to drive and
direct political transition which I am hopeful will lead to an elected
and truly democratic government.
This course has not been without its horror stories. Let me speak to
one of the two amendments which focuses on the ethnic violence which
exploded in the Spring. For decades, the Indonesian Chinese community
has played an important role in generating the exceptional economic
growth which improved the quality of life for a majority of
Indonesians. Although only six million strong, most have deep roots
reaching back many generations and consider Indonesia their home.
Tragically, for many Indonesian Chinese their place in Indonesia's
rich life came to a shocking and sudden end in the violence which
erupted in May. Indonesian Chinese homes, shops, and businesses were
clearly targeted, burned, looted and destroyed in the riots which broke
out. While it was difficult for the police to restore stability any
where, it seemed to many no effort was made to protect Indonesian
Chinese communities and their citizens. Most shocking of all were
allegations of rape and attacks on women and young girls.
Unfortunately, there are even allegations that police officers and army
troops may have engaged in these atrocities. Non-government
organizations have estimated that more than 160 women and girls were
victims of these awful crimes, many of them Indonesian Chinese.
While this violence has a very human face and toll, a number of news
accounts have called attention to the crippling economic impact of this
ethnic violence. Not only did Indonesian Chinese withdraw their
capital, Southeast Asian Chinese in Hong Kong, Taiwan and elsewhere
have pulled out and are reluctant to return. One expert has estimated
it will be at least five years before the community is confident enough
to resume investment--a fact that contributes to Indonesia's already
grave economic woes. And, who could blame them?
This amendment condemns the violence against ethnic Indonesian
Chinese, encourages prompt full action by the government and provides
for U.S. support for the effort to investigate and bring to justice
those responsible for these outrageous acts. As Indonesia proceeds on
its path to build a democratic and free nation, it is essential that
the rights of minorities are respected and protected. I believe the
government must take steps to fully investigate the violence suffered
by the Indonesian Chinese community over the past several months and
clearly support efforts to rebuild homes, businesses and lives. I was
encouraged by
[[Page S9744]]
President Habibe's decision to turn responsibility for the
investigation over to the National Human Rights Commission which has
pledged to conduct a prompt, complete investigation of all allegations
of attacks and crimes.
I welcomed the Commission Vice Chairman's response to suggestions
that foreign media were generating false accounts of events. He said,
These crimes are so serious they need no exaggeration and
we must not lose sight of that. We want to work carefully and
methodically and I can tell you that the evidence we are
obtaining so far is very strong, and, yes, it is apparent
there were gang rapes, and yes, some were very violent.
The Vice Chairman has also confirmed that 20 victims of rape have
since died, most by suicide and some within hours of the offenses.
Since these preliminary positive signs, there was a report that the
Commission was not able to reach any conclusions on the scale or
pattern of attacks. I hope that Commission and our embassy will work
hard to make sure all of the concerns raised by the Indonesian
Chinese community are addressed before declaring their work done.
Some observers seem to have an impression that this ethnic community
is so wealthy they can and should leave Indonesia, but, that is simply
not the case. As Jusef Wannadi, a prominent member of the community,
noted, ``The majority of Indonesia Chinese--poor laborers, farmers,
fishermen and small shop owners--have no option but to try to survive
in Indonesia.''
His sentiments were echoed by a father of three:
The worst thing is that you can't really stay but there is
nowhere else to live. They tell me I am an Indonesian
national, yet I am starting to feel homeless as well as
stateless. Tell me, why should I have to leave my home?
It is going to take a great deal of effort by a credible, elected
government to heal these deep rifts dividing Indonesia which makes the
process and prospects of political reform all the more urgent. The
second amendment focuses on how the United States can expand and
accelerate our support for this reconciliation and recovery. As I made
clear in my opening statement, the Administration has been consistently
behind the curve in supporting such an effort.
Although AID's Administrator has pledged an expansion of food,
medical and humanitarian relief very little has actually been made
available, in part because the real needs are still a matter of guess
work. Altough I have pressed since March, AID still hasn't conducted a
nation-wide estimate of food shortages or other social safety net
requirements. I am also disappointed by the slow pace of AID efforts to
work and build upon Indonesia's vast Muslim community organizational
networks. Two national organizations have clinics, schools, and
community centers which already reach out to a majority of the
population. Although they have expressed interest in working with AID,
cooperation has been slow to materialize.
AID must also expand support for political reforms. Media training
and technical support, political party building and legal reforms are
all urgently needed to secure the foundation for democratic
institutions to constructively shape Indonesia's future. The bill,
report and this amendment encourage improvements, and require a report
on the conditions and status of our efforts in meeting national needs.
The bill's commitment of $100 million along with these amendments
sets a course for improving our relations and support for the important
transition underway in a nation of criticial importance to the United
States. Instability in Indonesia continues to be the undertow dragging
down regional economic recovery. And, the Secretary of Defense has been
very persuasive in making the case that a further decline into chaos in
a country of more than 200 million people, a nation which staddles
vital global shipping lanes, in a scenario he believes we should make
every effort to prevent.
Our support and Indonesian effort are the key to what lies ahead--to
success--to building investor confidence--to recoverying capital which
has fled--to protecting minorities--to restarting the engines of
economic growth--to rebuilding American markets--to helping a key ally
set a democratic course.
Again, I commend the Senator from California for her interest and
hard work to restore the vital partnership we share with Indonesia.
As far as I know, Mr. President, there are no objections to these
amendments on either side of the aisle, and I recommend that we proceed
to passage.
The PRESIDING OFFICER. Is there further debate on the amendments?
If not, the question is on agreeing to the two amendments offered by
the Senator from California. Without objection, they will be considered
en bloc.
The amendments (Nos. 3507 and 3508) were agreed to.
Mr. McCONNELL. Mr. President, I move to reconsider the vote.
Mrs. FEINSTEIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. McCONNELL. Mr. President, the Senator from Washington has an
amendment which we have cleared on both sides of the aisle, and I would
like to give him an opportunity to send that amendment to the desk at
this time.
Mr. GORTON addressed the Chair.
The PRESIDING OFFICER. The Senator from Washington is recognized.
Amendment No. 3509
(Purpose: To express the sense of the Congress regarding IMF response
to the economic crisis in Russia)
Mr. GORTON. Mr. President, I have sent an amendment to the desk and I
ask for its immediate consideration.
The PRESIDING OFFICER. Without objection, the pending amendments are
set aside. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Washington [Mr. Gorton] proposes an
amendment numbered 3509.
Mr. GORTON. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place in the bill, insert the following:
SEC. . SENSE OF CONGRESS REGARDING THE IMF RESPONSE TO
THE ECONOMIC CRISIS IN RUSSIA.
(a) Congress finds that--
(1) Russia is currently facing a severe economic crisis
that threatens President Boris Yeltsin's ability to maintain
power;
(2) the Russian Communist Party may well soon be a part of
the government of the Russian Republic and may be given real
influence over Russian economic policies;
(3) the International Monetary Fund has continued to
provide funding to Russia despite Russia's refusal to
implement reforms tied to the funding;
(4) the Russian economic crisis follows a similar crisis in
Asia;
(5) the International Monetary Fund imposed strict
requirements on Republic of Korea and other democratic and
free market nations in Asia;
(6) the International Monetary Fund has not imposed the
same requirements on Russia; and
(7) Russia has not made the same commitment to free market
economic principles as Republic of Korea and other Asian
nations receiving assistance from the International Monetary
Fund.
(b) It is the sense of Congress that the International
Monetary Fund should not provide funding to a Russian
government whose economic policies are significantly affected
by the Russian Communist Party, or under significantly less
free market conditions than those imposed on the Republic of
Korea and other democratic, free market nations in Southeast
Asia.
Mr. GORTON. Mr. President, at an earlier date, on the bill similar to
this relating to foreign policy, I discussed some of the policies of
the International Monetary Fund in that connection with respect to
Indonesia while Indonesia was still ruled by the Suhartos. That
amendment, or a modification of that amendment, was included in the
original passage of the International Monetary Fund refurbishment and,
in fact, is included in this bill, although it is close to irrelevant
now that the Government of Indonesia is in different hands and in
considerable need of aid, as was indicated by some of the debate on the
previous amendment.
This amendment deals with my deep concern, a concern I believe widely
shared, with respect to the way in which the International Monetary
Fund is handling the problems in Russia. The amendment--a sense of the
Senate directed at the International Monetary Fund--makes two points in
that connection. The first cautions the International Monetary Fund
against funding any Russian Government in which the Communist Party of
Russia plays a significant role with respect to economic policy. We
know that the
[[Page S9745]]
Russian Government is in chaos at the present time after the firing of
one Prime Minister by President Yeltsin and the substitution for him,
at least at the behest of the President, of Mr. Chernomyrdin, a
previous Prime Minister of Russia. His nomination was just rejected
yesterday by the Russian Duma. We don't know where it will go. What we
do know is that the Government of Russia was very close to an agreement
with the Russian Communist Party, under which the Communist Party would
play a major role in the Government and a major role in its economic
policies, that major role being to reverse free market reforms and
return to state control of the economy. It would be foolishness
exemplified, were we to fund such a change in the Russian Government
through the International Monetary Fund, and this amendment cautions
against it.
It also deals with another subject, the subject of all of the
billions of dollars that the International Monetary Fund has granted to
Russia already on condition that it move more decisively toward a free
market economy. While the International Monetary Fund has dealt very
firmly with respect to free market conditions in dealing with the
crisis in Southeast Asia--with the Republic of Korea, with Thailand,
with Malaysia, with Indonesia and the like--it has consistently
operated with a double standard with respect to Russia. The double
standard has not only wasted money, the double standard has created
justified unhappiness, justified bitterness in the Southeast Asian
countries that see the International Monetary Fund imposing a double
standard: One very tough standard on them and far more lax standards
or, rather, standards that are consistently ignored with respect to
Russia.
So this amendment, the sense-of-the-Senate amendment, also calls for
a single standard with respect to International Monetary Fund funding
of Russia, even in a noncommunist government, and the similarly
situated countries in Southeast Asia. As the chairman of the
subcommittee said, I think this represents a broadly held point of
view. I am not sure that it should not be a part of the bill as a
mandate on the way in which we deal with the International Monetary
Fund, but because I cannot see the future, it is merely a sense of the
Senate at this point.
I ask unanimous consent to have printed in the Record an article
about this double standard called ``The IMF's $22.6 billion failure in
Russia,'' from the Heritage Foundation.
There being no objection, the article was ordered to be printed in
the Record, as follows:
[From the Heritage Foundation Executive Memorandum, August 24, 1998]
The IMF's $22.6 Billion Failure in Russia
(By Ariel Cohen, Ph.D., and Brett D. Schaefer)
On August 17, just three days after President Boris Yeltin
unequivocally stated that the ruble would not be devalued,
Russia's Prime Minister announced that the government would
allow the ruble to be devalued by 34 percent by the end of
this year. He also declared a 90-day foreign debt moratorium.
It is now painfully clear that the $22.6 billion bailout
package orchestrated by the International Monetary Fund (IMF)
has not rescued Russia.
Commenting on the Russian devaluation and debt moratorium
on August 17, Michel Camdessus, the Fund's Managing Director,
concluded that ``Implementation of [Russia's economic]
program has been satisfactory.'' Camdessus, however, never
explains how something as disastrous as a currency
devaluation of this scope can be deemed ``satisfactory.''
Even he admits that, despite the IMF bailout, ``confidence in
financial markets has not been reestablished and as a result
Russia has continued to lose reserves, and asset prices have
fallen sharply.'' If this is ``satisfactory,'' Camdessus must
have a very high tolerance for failure.
What was the purpose of the July IMF bailout of Russia, and
who is responsible for its failure?
the purpose of the imf bailout
On July 20, the IMF Executive Board approved its portion
($11.2 billion) of a $22.6 billion international bailout.
This emergency package was intended to help Russia maintain
the value of the ruble while the government implemented
reforms necessary to create long-term stability. IMF First
Deputy Managing Director Stanley Fischer outlined this
strategy on July 13:
The underlying problem [in Russia] is the budget and the
financing needs. So if you devalue, you sort of relieve the
pressure on the markets for a while, causing difficulties,
but unless you got the budget in shape, and the devaluation
wasn't going to do anything for the budget, you would be back
in this situation.
Indeed, the IMF plan specifically stated that ``exchange
rate policy should remain broadly unchanged during the
remainder of 1998.'' After only four weeks, however, it is
clear that the massive bailout failed in both of its
missions: The ruble was devalued, and reforms are not likely
to be implemented.
On August 17, Prime Minister Sergei Kiriyenko announced
that the government would allow the ruble to fall from the
former official rate of 6.3 to the U.S. dollar to 9.5 to the
dollar. This devaluation and a 90-day foreign debt moratorium
amount to an expensive policy debacle for Russia. The
devaluation will make it much more expensive to repay foreign
currency-denominated debt. The moratorium has frightened
already leery investors and likely will dampen foreign
investment for years to come.
The Russian Duma, moreover, is not likely to adopt the bulk
of the IMF-sanctioned reform agenda. In fact, the Duma's
communist majority already is urging the Russian government
to backpedal on budgetary cuts, increase domestic spending
instead of paying foreign debt, or nationalize the dollar-
denominated debt of Russian banks.
who is responsible?
Both Russia and the IMF are responsible for the Russian
debacle. Russia's fault lies in the government's chronic
refusal to reform. The Russian government has been aware of
the problems in its economy and what is needed to fix them
for at least five years. Because of mismanagement, inertia,
and outright corruption, such vital changes as trimming the
budget, overhauling the tax code and tax collection, land
reform, and otherwise providing conditions to step capital
flight and attract foreign investment have not been
implemented.
The fault of the IMF lies in its willingness to provide
successive bailouts regardless of whether they achieve the
desired results. When asked at a July 13 press conference
whether the IMF would refrain from new lending because of
reduced liquidity, IMF Treasurer David Williams responded,
``[W]e never say no.''
Russia is a prime example of how this can lead to
disastrous results. Since 1992 (and before the most recent
$22.6 billion bailout), the IMF lent Russia over $18 billion.
With each loan, the IMF required Russia to adopt economic
reforms. Even though Moscow rarely fulfilled its promises,
the IMF continued to disperse tranche after tranche. In other
words, the cheap credits allowed Russia to delay reforms,
while the IMF rewarded Moscow for not reforming.
This pattern is being repeated in the current bailout.
Despite the devaluation of the ruble and the Duma's refusal
to pass the majority of IMF-mandated reforms, Michel
Camdessus' August 17 statement merely remarked that
[Russia's] measures and their potential impact will
immediately be analyzed by the staff and management of the
IMF . . . I hope that the government's economic program will
continue to be implemented in full, so that the economic and
financial situation will improve and the IMF can be in a
position to disburse the second tranche . . .
conclusion
Russia is now in an economic morass. The achievements of
the Yeltsin administration--a stable currency and low
inflation--have gone down the drain. The political cost to
the Yeltsin government will be tremendous, as millions of
workers and pensioners have not been paid for months and the
price inflation will escalate. Before August 17, Russia had
asked whether the international community were prepared to
provide some additional financial support beyond the $22.6
billion finalized on July 20. Thus far, the G-7 leading
industrial countries have prudently declined.
Both the IMF and Russia share the blame for the country's
current crisis. Despite ample advice on how to shore up its
economy, Russia has refused to implement the changes
necessary to resolve the current crisis and create long-term
economic health. The IMF has consistently permitted Russia to
borrow despite Russia's refusal to reform its economy.
Congress should send a message to Russia that the United
States will no longer send good money after bad. It can do so
by refusing to approve additional funding for the IMF. An
organization that cannot say ``no'' should not be given
additional money to waste.
Mr. GORTON. With that, Mr. President, and with a view that I believe
this amendment is agreed to, I yield the floor.
THE PRESIDING OFFICER. If there be no further debate, the question is
on agreeing to the amendment.
The amendment (No. 3509) was agreed to.
Mr. GORTON. Mr. President, I move to reconsider the vote.
Mr. McCONNELL. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendments Nos. 3510 Through 3518, En Bloc
Mr. McCONNELL. Mr. President, there are eight amendments. My friend
from Vermont is in the vicinity. There are eight amendments that he and
I have cleared, two amendments by Senator Ashcroft on the Congo and
Palestinian Broadcast Corporation, a Lott
[[Page S9746]]
amendment on the Iraqi opposition, a Wellstone amendment on
international sex trafficking, a Leahy amendment on information
disclosure, a Dodd amendment on reporting requirements, a Kennedy
amendment on Pan Am 103, and a Feingold amendment on Nigeria. I send
those amendments to the desk and ask they be considered en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCONNELL. I would add one more amendment to this group, an
amendment by Senator Feinstein, added to this group currently being
considered at the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Kentucky [Mr. McConnell] proposes
amendments numbers 3510 through 3518, en bloc.
Mr. McCONNELL. Mr. President, I ask unanimous consent that reading of
the amendments be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (Nos. 3510 through 3518), en bloc, are as follows:
amendment no. 3510
On page 109, strike lines 15-23, and insert in lieu thereof
the following:
SEC. . PROHIBITION ON ASSISTANCE TO THE DEMOCRATIC REPUBLIC
OF CONGO.
None of the funds appropriated or otherwise made available
by this Act may be provided to the central Government of the
Democratic Republic of Congo until such time as the President
reports in writing to the Speaker of the House of
Representatives, the Majority Leader of the Senate, the
International Relations Committee of the House, the Foreign
Relations Committee of the Senate, the Appropriations
Committee of the Senate, and the Appropriations Committee of
the House that the central Government of the Democratic
Republic of Congo is--
(1) investigating and prosecuting those responsible for
civilian massacres, serious human rights violations, or other
atrocities committed in the Congo; and
(2) implementing a credible democratic transition program,
which includes
(A) the establishment of an independent electoral
commission;
(B) the release of individuals detained or imprisoned for
their political views;
(C) the maintenance of a conducive environment for the free
exchange of political views, including the freedoms of
association, speech, and press; and
(D) the conduct of free and fair national elections for
both the legislative and executive branches of government.
Notwithstanding the aforementioned restrictions, the
President may provide electoral assistance to the central
Government of the Democratic Republic of Congo for any fiscal
year if the President certifies to the International
Relations Committee of the House, the Foreign Relations
Committee of the Senate, the Appropriations Committee of the
Senate, and the Appropriations Committee of the House that
the central Government of the Democratic Republic of Congo
has taken steps to ensure that conditions in subsection 2
(A), (B), and (C) have been met.
Mr. FEINGOLD. Mr. President, I would like to explain an amendment
related to U.S. development assistance to the Democratic Republic of
the Congo (DROC) that the managers of this bill have agreed to accept.
As the ranking Democrat on the Subcommittee on Africa, I am pleased to
have been joined in this effort with the Chairman of that Subcommittee,
my colleague from Missouri [Mr. Ashcroft] as well as the junior Senator
from North Carolina [Mr. Faircloth].
This amendment revises Section 574 of the foreign operations
appropriations bill for fiscal year 1999 to define restrictions on aid
to DROC. It mandates that no aid may be granted to the Democratic
Republic of the Congo until the President certifies that the DROC
government is investigating and prosecuting those responsible for human
rights violations or atrocities and is taking specific steps to
implement a credible democratic transition program.
When I originally began thinking about an amendment of this nature, I
was concerned about the inability of the DROC government to follow up
on what were really gross abuses of human rights committed during the
takeover of the former Zaire by the rebel movement that became known as
the Alliance of Democratic Forces for the Liberation of Congo (AFDL).
During the takeover, which took place from late 1996 through the Spring
of 1997, thousands of civilians, mostly Hutu refugees, were slaughtered
reportedly by rebel troops, some of them possibly Rwandan or under
Rwandan command. The facts have never been clear on these massacres,
but credible information from human rights groups clearly indicate that
massacres were carried out throughout the country--in Mbandaka, in the
west; in Kisangani, in the middle of the country, and in the Kivu
region in the east--leading even a casual observer to surmise it was a
well planned military operation.
In July 1997, U.N. Secretary General Kofi Annan named an
investigative team to investigate gross violations of human rights and
international humanitarian law in Congo since March 1993. Not only was
the team mandated to look into the general question of the massacres
themselves, but also to establish responsibility for the massacres.
Unfortunately, the government of Laurent Kabila continually
obstructed the work of the U.N. team--imposing various conditions,
delaying meetings, harassing potential witnesses, refusing permission
to deploy to certain sites, and apparently organizing demonstrations
against the U.N. teams, to name a few. Eventually, in April 1998, Mr.
Annan felt compelled to withdraw his teams since it became impossible
for the team to conduct its work.
Nevertheless, it remains important that these atrocities be fully
investigated and that those responsible be brought to justice. Our
amendment calls for the investigation and prosecution of these abuses.
This could mean that the government conduct its own transparent and
credible investigation. It could mean that the DROC government
cooperates with a future UN mission, if the UN decides to launch a new
commission of inquiry. Or it could mean that the government cooperates
fully with an appropriate judicial body, possibly an international
tribunal, which would be charged with investigating the massacres. We
have left the desired method intentionally vague so that all options
might be considered.
The amendment also calls for the implementation of a credible
democratic transition program, which includes the establishment of an
independent electrical commission, the release of individuals detained
or imprisoned for their political views, the establishment of an
environment conducive to the free exchange of political views, and free
and fair elections.
The discussion of both the investigation of past abuses and of the
implementation of political reform may seem academic at a moment when
we are watching Congo disintegrate into civil war for the second time
in less than two years. A slightly different rebel movement is trying
to recreate the ``success'' of the AFDL in 1996 by taking control of
large portions of Eastern and Central Congo. However, the latest events
only underscore the critical need for U.S. policy to focus on the
protection of human rights, an end to impunity for gross abuses, and
democratization in DROC. It has been precisely the lack of attention to
these issues that fueled the conflicts throughout central Africa, and
which now threaten the entire region.
Mr. President, let me take this opportunity to say unequivocally that
I condemn actions by all the governments and other movements in the
region to become involved in violent conflict in DROC. I am sorely
disappointed that despite repeated efforts to discourage them, the
governments of both Rwanda and Uganda sought early on to support the
rebel movement. Now, the involvement of Zimbabwe, Angola and Namibia on
the other side is no less constructive. In fact, we are now seeing an
almost total regionalization of this conflict that risks bringing more
and more African countries into it.
Clearly, this is no way to further the African ``renaissance'' that
we had reason to believe was underway.
I hope the parties will quickly move to declare a cease-fire, and to
try to negotiate an end to this terrible situation.
In the meantime, I thank the managers for the consideration of this
amendment.
amendment no. 3511
(Purpose: To prohibit assistance to the Palestinian Broadcasting
Corporation)
At the appropriate place in the bill, insert the following:
SEC. . PROHIBITION ON ASSISTANCE TO THE PALESTINIAN
BROADCASTING CORPORATION.
None of the funds appropriated or otherwise made available
by this Act may be used
[[Page S9747]]
to provide equipment, technical support, training, consulting
services, or any other form of assistance to the Palestinian
Broadcasting Corporation or any similar organization.
Mr. McCONNELL. Mr. President, I ask unanimous consent a letter to
Secretary Albright on the Palestinian Broadcasting Corporation be
printed in the Record.
There being no objection, the letter was ordered to be printed in the
Record, as follows:
Congress of the United States,
Washington, DC, May 19, 1998.
Hon. Madeleine K. Albright,
Secretary of State, Department of State,
Washington, DC.
Dear Secretary Albright: We are writing to bring to your
attention the very troubling issue of the United States
assisting foreign entities which promote an agenda hostile to
the interests of our country. We cite the example of the
Palestinian Broadcasting Corporation (PBC), which has been
benefitting from U.S. assistance while engaging in a campaign
in support of violence and hatred against the United States,
our ally Israel, and the goal of peace in the Middle East.
As you well known, U.S. foreign assistance programs are
designed to promote democratic ideals and respect for human
rights. U.S. agencies which have distributed U.S. assistance,
however, have failed at times to determine beforehand if the
organizations they are funding promote these basic ideals. In
the specific case of the PBC, it is apparent that neither
USAID, which has provided hundreds of thousands of dollars
via interagency agreements to engage in programs with the PBC
and other media outlets, nor USIA/USIS Jerusalem, which has
been the recipient of much of the funding, has assessed the
value of these programs for U.S. interests in the Middle
East.
Despite its awareness of the PBC's activities and the
resulting harm to U.S. interests, USIA committed the U.S. to
pay for two TVRO satellite dishes for the PBC's use in
exchange for their commitment to use seven hours of Worldnet
broadcasting a week. Although we commend efforts to further
the reach of Worldnet, we are concerned that the PBC's letter
of acceptance for the equipment does not stipulate which
programming will be shown and during what time periods. In
essennce, we provided the PBC with equipment that could be
used to import broadcasts from Iraq, Iran, Libya and other
nations hostile to the United States in exchange for a
commitment to show a sporting event at 3:00 a.m.
It is our belief that the U.S. should support a free and
independent media around the world. As USIA/USIS has
recognized, however, the PBC is the official broadcasting arm
of the Palestinian Authority, which is engaged in a campaign
to restrict a free press and promote violent progaganda. The
PBC consistently broadcasts programming that attempts to
undermine all the United States seeks to achieve in the
Middle East.
Madame Secretary, we ask you to formulate a clear U.S.
policy to terminate U.S. taxpayer support for the PBC, while
encouraging programs that promote genuine press freedoms by
supporting independent journalists. We will be working in the
Senate to implement such a policy and feel that a unified
response on this important issue is warranted.
We thank you for your consideration of this issue and look
forward to working with you to advance U.S. interests in the
Middle East more effectively.
Sincerely,
Representative Michael P. Forbes, Representative Jon D.
Fox, Representative Jim Saxton, Representative Vince
Snowbarger, Representative John Shimkus, Representative Kay
Granger, Representative Tom A. Coburn, Representative Todd
Tiahrt, Representative Tom DeLay, Representative Frank R.
Wolf, Representative Bob Franks, Representative Frank A.
LoBiondo, Representative Dave Weldon, Representative Steve
Chabot, Representative Michael Pappas, Representative Richard
W. Pombo, Representative Kevin Brady.
Representative Brad Sherman, Representative Pete Sessions,
Representative J.C. Watts, Jr., Representative Sue W. Kelly,
Representative Bob Barr, Representative Ken Calvert,
Representative Robert B. Aderholt, Representative Charles E.
Schumer, Representative Martin Frost, Representative Michael
R. McNulty, Representative Henry Hyde, Representative Charles
T. Canady, Representative Roy Blunt, Representative Asa
Hutchinson, Representative Phil English, Representative
Richard K. Armey.
Senator John Ashcroft, Senator Arlen Specter, Senator Ben
Nighthorse Campbell, Senator Jesse Helms, Senator Don
Nickles, Senator Dan Coats, Senator Thad Cochran, Senator
Ernest F. Hollings, Senator Wayne Allard, Senator James M.
Inhofe, Senator Jeff Sessions, Senator Jon Kyl, Senator
Alfonse M. D'Amato, Senator Sam Brownback, Senator Charles E.
Grassley, Senator Dirk Kempthorne, Senator Olympia J. Snowe.
Senator Christopher S. Bond, Senator Susan M. Collins,
Senator Mike DeWine, Senator Bob Smith, Senator Ron Wyden,
Senator Harry Reid, Senator Larry E. Craig, Representative
Jerry Weller, Representative Ileana Ros-Lehtinen,
Representative Dan Burton, Senator Tim Hutchinson, Senator
Paul Coverdell.
amendment no. 3512
(Purpose: To support the Iraqi democratic opposition)
At the appropriate place in the bill insert the following:
``Notwithstanding any other provision of law, of the
amounts made available under Title II of this Act, not less
than $10,000,000 shall be made available only for assistance
to the Iraqi democratic opposition for such activities as
organization, training, communication and dissemination of
information, and developing and implementing agreements among
opposition groups; Provided, that any agreement reached
regarding the obligation of funds under the previous proviso
shall include provisions to ensure appropriate monitoring on
the use of such funds; Provided further that of this amount
not less than $3,000,000 shall be made available as a grant
to Iraqi National Congress, to be administered by its
Executive Committee for the benefit of all constituent groups
of the Iraqi National Congress; provided further that of the
amounts previously appropriated under section 10008 of Public
Law 105-174 not less than $2,000,000 shall be made available
as a grant to INDICT, the International Campaign to Indict
Iraqi War Criminals, for the purpose of compiling information
to support the indictment of Iraqi officials for war crimes;
Provided further that of the amounts made available under
this section, not less than $1,000,000 shall be made
available as a grant to INDICT, the International Campaign to
Indict Iraqi War Criminals, for the purpose of compiling
information to support the indictment of Iraqi officials for
war crimes; Provided further that of the amounts made
available under this section, not less than $3,000,000 shall
be made available only for the conduct of activities by the
Iraqi democratic opposition inside Iraq; Provided further
that within 30 days of enactment of this Act the Secretary of
State shall submit a detailed report to the appropriate
committees of Congress on implementation of this section.''
amendment no. 3513
(Purpose: Relating to the trafficking in women and children)
At the appropriate place in the bill, insert the following:
SEC. . TRAFFICKING IN WOMEN AND CHILDREN.
The Secretary of State, in consultation with the Attorney
General and appropriate nongovernmental organizations,
shall--
(1) develop curricula and conduct training for United
States consular officers on the prevalence and risks of
trafficking in women and children, and the rights of victims
of such trafficking; and
(2) develop and disseminate to aliens seeking to obtain
visas written materials describing the potential risks of
trafficking, including--
(A) information as to the rights of victims in the United
States of trafficking in women and children, including legal
and civil rights in labor, marriage, and for crime victims
under the Violence Against Women Act; and
(B) the names of support and advocacy organizations in the
United States.
AMENDMENT NO. 3514
(Purpose: To express the sense of Congress that information relevant to
the December 2, 1980 assault and murder of four American churchwomen in
El Salvador should be made public to the fullest extent possible and
that circumstances under which any individuals involved in either the
murders or the cover-up of the murders obtained residence in the United
States be reviewed by the Attorney General)
At the appropriate place in the bill, insert the following:
Sec. ____. (a) Findings.--Congress makes the following
findings:
(1) The December 2, 1980 brutal assault and murder of four
American churchwomen by members of the Salvadoran National
Guard was covered up and never fully investigated;
(2) On July 22 and July 23, 1998, Salvadoran authorities
granted three of the National Guardsmen convicted of the
crimes early release from prison;
(3) The United Nations Truth Commission for El Salvador
determined in 1993 that there was sufficient evidence that
the Guardsmen were acting on orders from their superiors;
(4) In March 1998, four of the convicted Guardsmen
confessed that they acted after receiving orders from their
superiors;
(5) Recently declassified documents from the State
Department show that United States Government officials were
aware of information suggesting the involvement of superior
officers in the murders;
(6) United States officials granted permanent residence to
a former Salvadoran military official involved in the cover-
up of the murders, enabling him to remain in Florida; and
(7) Despite the fact that the murders occurred over 17
years ago, the families of the four victims continue to seek
the disclosure of information relevant to the murders.
(b) Sense of Congress.--It is the sense of Congress that--
(1) information relevant to the murders should be made
public to the fullest extent possible;
(2) the Secretary of State and the Department of State are
to be commended for fully releasing information regarding the
murders to the victims' families and to the American public,
in prompt response to Congressional requests;
(3) the President should order all other Federal agencies
and departments that possess relevant information to make
every effort to declassify and release to the victims'
[[Page S9748]]
families relevant information as expeditiously as possible;
(4) in making determinations concerning the
declassification and release of relevant information, the
Federal agencies and department should presume in favor of
releasing, rather than of withholding, such information; and
(5) the President should direct the Attorney General to
review the circumstances under which individuals involved in
either the murders or the cover-up of the murders obtained
residence in the United States, and the Attorney General
should submit a report to the Congress on the results of such
review not later than January 1, 1999.
Mr. LEAHY. Mr. President, this amendment expresses the sense of
Congress that information relevant to the murders of four American
churchwomen in El Salvador be made public to the fullest extent
possible. My understanding is that it is acceptable to both sides.
It was 18 years ago, but the 1980 brutal murders of four American
churchwomen by members of the Salvadoran National Guard is seared in
our memory. Since that time the victims' families have sought answers
to questions about the nuns' untimely deaths. Some have been answered,
many have not. It is unfortunate that after so many years, it is still
necessary to offer an amendment to urge the administration to release
any information that would shed light on what happened in this case. It
should have been done years ago.
To its credit, the State Department did promptly respond to
Congressional requests and fully release information about these
horrific crimes. Other agencies have not. Far too often in this case
and others like it, the response to requests for information has come
grudgingly, and then only in the form of heavily redacted documents
with a few lines of practically meaningless text.
I appreciate the need to protect intelligence sources and methods,
but these American citizens were murdered almost two decades ago.
For years there have been allegations and evidence to indicate that
the National Guardsmen convicted of these crimes acted after receiving
orders from their superiors.
In March 1998, after 14 years of silence, four of the convicted men
confessed that this was the case. Recently, it has become known that
even though U.S. officials had reason to believe these crimes were
ordered and covered up by higher authorities, at least one of those
Salvadoran officers was granted permanent residence and is reportedly
living in Florida.
In addition to calling for the release of information, this amendment
also directs the Attorney General to review the circumstances under
which individuals connected with these crimes obtained residence in the
United States. It is a tragic irony that with so many people
legitimately seeking asylum upon our shores, we may have opened our
doors to individuals who belong behind bars.
amendment no. 3515
(Purpose: To require a consolidated report on all U.S. military
training provided to foreign military personnel)
At the appropriate place in the bill add the following new
section:
Sec. . (a) The Secretary of Defense and the Secretary of
State shall jointly provide to the Congress by January 31,
1999, a report on all overseas military training provided to
foreign military personnel under programs administered by the
Department of Defense and the Department of State during
fiscal years 1998 and 1999, including those proposed for
fiscal year 1999. This report shall include, for each such
military training activity, the foreign policy justification
and purpose for the training activity, the cost of the
training activity, the number of foreign students trained and
their units of operation, and the location of the training.
In addition, this report shall also include, with respect to
United States personnel, the operational benefits to United
States forces derived from each such training activity and
the United States military units involved in each such
training activity. This report may include a classified annex
if deemed necessary and appropriate.
(b) For purposes of this section a report to Congress shall
be deemed to mean a report to the Appropriations and Foreign
Relations Committees of the Senate and the Appropriations and
International Relations Committees of the House.
Mr. DODD. Mr. President, as we consider the Foreign Operations
Appropriations bill today, many of my colleagues may think that by
reviewing the provisions of the bill with respect to funding for
International Military Education and Training (IMET) they will have a
full picture of the total U.S. spending for the training of foreign
military personnel that is proposed for fiscal year 1999. Based on that
review, they might conclude that the Administration will spend
approximately $50 million for training of military personnel from some
113 countries, or roughly the same as has been spent on IMET during the
current fiscal year. However, that conclusion would not be accurate.
While it is true that the Congress gets a very detailed accounting of
the nature and level of IMET spending annually, a recent series of
articles that appeared in the Washington Post revealed that a great
deal more training of foreign military personnel was ongoing totally
outside the framework of IMET programs.
The fact of the matter is that training of foreign military personnel
is now being undertaken using funds from a variety of other accounts
under the control of the State Department or the Defense Department.
Some of these accounts have no reporting requirements associated with
them and therefore little or no Congressional oversight is possible.
What is even more significant, is that more foreign military
personnel may be being trained outside of the traditional framework of
IMET programs than is within such programs. I do know for example that
during Fiscal Year 1997 IMET funds were used to train approximately 192
Mexican Military Personnel--a modest number. During that same time
period, so called Section 1004 authorized funds, paid for out of the
Fiscal 1997 Defense Appropriations Act, were used to train some 829
Mexican military personnel--roughly four times as many individuals as
were trained under the auspices of IMET.
Mr. President, I am one who believes that United States National
interests can be served by U.S. training foreign military personnel on
the appropriate roles for national militaries in civil society.
However, I also believe that certain kinds of training are
inappropriate for military institutions that may have poor track
records with respect to respecting the human rights of their own
citizens. It is imperative that the Department of Defense and State
work closely together to ensure that the United States is conveying a
consistent message with respect to United States policy as it
undertakes various programs with foreign military leaders. I do not
believe that currently enough consultation takes place in this regard.
At the moment, there is no single office or report that one can turn
to obtain a comprehensive overview of the training that is ongoing
abroad. It is for that reason that I have offered the pending
amendment, which requires a detailed report on this issue. The
amendment requires the Secretary of Defense and the Secretary of State
to jointly provide to the Congress by January 31, 1999, a report on all
overseas military training of foreign military personnel under programs
administered by the Department of Defense and the Department of State
during fiscal years 1998 and 1999, including those proposed for fiscal
year 1999.
Specifically, the report would include the following for each such
military training activity: a foreign policy justification and purpose
for the activity; location and cost; the number of foreign students
trained and their units of operation. The report would also identify
the United States military units involved in the activities and an
explanation of the benefits to United States personnel derived from
each such training activity. If deemed necessary and appropriate, the
report may include a classified annex.
If Congress is going to be able to carry out responsible oversight to
taxpayer funded programs, such a report is vital. I also believe that
such a report will be beneficial to Executive Branch officials and
civilian government authorities in the countries where training is
ongoing.
It is my understanding that the Administration has no opposition to
this amendment. I urge its adoption.
AMENDMENT NO. 3516
(Purpose: To express the sense of Congress on the trial in the
Netherlands of the suspects indicted in the bombing of Pan Am Flight
103)
At the appropriate place in the bill, insert the following:
[[Page S9749]]
SEC. ____. SENSE OF CONGRESS REGARDING THE TRIAL IN THE
NETHERLANDS OF THE SUSPECTS INDICTED IN THE
BOMBING OF PAN AM FLIGHT 103.
(a) Findings.--Congress makes the following findings:
(1) On December 21, 1988, 270 people, including 189 United
States citizens, were killed in a terrorist bombing on Pan Am
Flight 103 over Lockerbie, Scotland.
(2) Britain and the United States indicted 2 Libyan
intelligence agents--Abdel Basset Al-Megrahi and Lamen
Khalifa Fhimah--in 1991 and sought their extradition from
Libya to the United States or the United Kingdom to stand
trial for this heinous terrorist act.
(3) The United Nations Security Council called for the
extradition of the suspects in Security Council Resolution
731 and imposed sanctions on Libya in Security Council
Resolutions 748 and 883 because Libyan leader, Colonel
Muammar Qadaffi, refused to transfer the suspects to either
the United States or the United Kingdom to stand trial.
(4) The sanctions in Security Council Resolutions 748 and
883 include a worldwide ban on Libya's national airline, a
ban on flights into and out of Libya by other nations'
airlines, a prohibition on supplying arms, airplane parts,
and certain oil equipment to Libya, and a freeze on Libyan
government funds in other countries.
(5) Colonel Qaddafi has continually refused to extradite
the suspects to either the United States or the United
Kingdom and has insisted that he will only transfer the
suspects to a third and neutral country to stand trial.
(6) On August 24, 1998, the United States and the United
Kingdom proposed that Colonel Qadaffi transfer the suspects
to the Netherlands, where they would stand trial before a
Scottish court, under Scottish law, and with a panel of
Scottish judges.
(7) The United States-United Kingdom proposal is consistent
with those previously endorsed by the Organization of African
Unity, the League of Arab States, the Non-Aligned Movement,
and the Islamic Conference.
(8) The United Nations Security Council endorsed the United
States-United Kingdom proposal on August 27, 1998, in United
Nations Security Council Resolution 1192.
(9) The United States Government has stated that this
proposal is nonnegotiable and has called on Colonel Qadaffi
to respond promptly, positively, and unequivocally to this
proposal by ensuring the timely appearance of the two accused
individuals in the Netherlands for trial before the Scottish
court.
(10) The United States Government has called on Libya to
ensure the production of evidence, including the presence of
witnesses before the court, and to comply fully with all the
requirements of the United Nations Security Council
resolutions.
(11) Secretary of State Albright has said that the United
States will urge a multilateral oil embargo against Libya in
the United Nations Security Council if Colonel Muammar
Qadaffi does not transfer the suspects to the Netherlands to
stand trial.
(12) The United Nations Security Council will convene on
October 30, 1998, to review sanctions imposed on Libya.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Colonel Qadaffi should promptly transfer the indicted
suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to
the Netherlands to stand trial before the Scottish court;
(2) the United States Government should remain firm in its
commitment not to negotiate with Colonel Qadaffi on any of
the details of the proposal approved by the United Nations in
United Nations Security Council Resolution 1192; and
(3) if Colonel Qadaffi does not transfer the indicted
suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to
the Netherlands by October 29, 1998, the United States
Permanent Representative to the United Nations should--
(A) introduce a resolution in the United Nations Security
Council to impose a multilateral oil embargo against Libya;
(B) actively promote adoption of the resolution by the
United Nations Security Council; and
(C) assure that a vote will occur in the United Nations
Security Council on such a resolution.
Mr. LAUTENBERG. Mr. President, today, Senator Kennedy and I join
together, as we have in the past, in a ceaseless effort to provide some
degree of justice for the families of the victims of the terrorist
attack on Pan Am 103. This flight was brought down over Lockerbie,
Scotland on December 21, 1988. 259 people on the plane and 11 others on
the ground were killed. Most of the victims were Americans, making it
the most fatal terrorist atrocity in American history.
Two Libyan security agents have been charged with this heinous crime.
They must be held accountable before a United States or United Kingdom
court. The United Nations Security Council has imposed sanctions in an
effort to make this happen, but for years this has brought no results.
Recently, Secretary of State Albright proposed that the two suspects
in the bombing of Pan Am 103 be tried in a Scottish court, under
Scottish law, with a panel of Scottish judges, but physically located
in the Netherlands. Libyan authorities have publicly accepted this
proposal while calling for negotiations.
I remain skeptical of Libya's willingness to cooperate with the
international community in bringing terrorists to justice. But I also
remain hopeful that the families of the victims will soon be able to
end their painful wait for justice. I therefore believe we should give
this potential solution an opportunity to work, while remaining
determined to see the indicted terrorists brought to trial.
The amendment we are introducing today therefore sets a reasonable
time limit for action. It also calls for the imposition of additional
multilateral sanctions measures, even including an embargo on oil
exports, if Libya fails to turn over the bombing suspects for trial.
The families of the victims of the Pan Am 103 bombing understand that
nothing will bring back their loved ones. Nothing we do here can change
that. But by adopting this resolution today we send the clear message
that we are determined to see justice served and we will continue to
increase international pressure on Libya until that happens.
Mr. KENNEDY. Mr. President, I sent this amendment to the desk on
behalf of myself and Senators Lautenberg, D'Amato, and Torricelli.
Mr. President, ten years ago, in December 1988, 270 people, including
189 Americans were killed in the terrorist bombing of Pan Am Flight 103
over Lockerbie, Scotland. As a result of the intense and skillful
investigation that followed, Britain and the United States indicted 2
Libyan intelligence agents.
The leader of Libya, Colonel Muammar Qadafi, refused to extradite the
suspects to either the United States or the United Kingdom to stand
trial. As a result, the international community, acting through the
United Nations Security Council, imposed economic sanctions on Libya.
The sanctions include a worldwide ban on Libya's national airline and a
ban on flights into and out of Libya by the airlines of other nations.
They also include a prohibition on supplying arms, airplane parts, and
certain oil equipment to Libya, and a freeze on Libyan Government funds
in other countries.
Despite these sanctions, Colonel Qadafi has refused to turn over the
suspects to either the United States or the United Kingdom. He has
said, however, that he will transfer them to a third country to stand
trial.
A week ago, in a major development in this case, the United States
and the United Kingdom proposed that Colonel Qadafi transfer the
suspects to the Netherlands to stand trial before a Scottish court,
under Scottish law, and with a panel of Scottish judges. Last Thursday,
the United Nations Security Council endorsed this proposal and called
on Colonel Qadafi to transfer the suspects promptly.
The Administration has told Colonel Qadafi that this is a take-it-or-
leave-it proposal and that it is non-negotiable. Secretary of State
Albright has said that the United States will urge a worldwide oil
embargo against Libya in the United Nations Security Council if Colonel
Qadafi rejects this offer and refuses to transfer the suspects to the
Netherlands to stand trial. The Security Council is scheduled to
conduct the next periodic review of Libyan sanctions on October 30. All
of us hope that Colonel Qadafi will accept this plan before that date.
To send a clear message to Colonel Qadafi, this resolution calls on
him to transfer the indicted suspects to the Netherlands promptly, so
that they can stand trial before the Scottish court in the Netherlands.
The resolution supports the commitment by the United States Government
not to negotiate with Colonel Qadafi on the details of the proposal. If
Colonel Qadafi fails to transfer the suspects to the Netherlands before
the end of October, the resolution calls on the United States Permanent
Representative to the United Nations to introduce a resolution in the
Security Council to impose a worldwide embargo against Libya and
actively seeks its enactment.
The families of the victims of Pan Am 103 have waited too long for
justice. The Administration's plan is a reasonable opportunity to end
the long
[[Page S9750]]
impasse over these suspects, and achieve a significant victory in the
ongoing battle against international terrorism.
I urge my colleagues to approve this resolution.
AMENDMENT NO. 3517
(Purpose: Relating to the development of a new strategy for United
States bilateral assistance for Nigeria)
At the appropriate place in the bill, insert the following:
SEC. ____. DEVELOPMENT ASSISTANCE IN NIGERIA.
(a) Findings.--Congress makes the following findings:
(1) The bilateral development assistance program in Nigeria
has been insufficiently funded and staffed, and the United
States has missed opportunities to promote democracy and good
governance as a result.
(2) The recent political upheaval in Nigeria necessitates a
new strategy for United States bilateral assistance program
in that country that is focused on promoting a transition to
democracy.
(b) Sense of Congress.--It is the sense of Congress that
the President, acting through the United States Agency for
International Development, should--
(1) develop a new strategy for United States bilateral
assistance for Nigeria that is focused on the development of
civil society and the rule of law and that involves a broad
cross-section of Nigerian society but does not provide for
any direct assistance to the Government of Nigeria, other
than humanitarian assistance, unless and until that country
successfully completes a transition to civilian, democratic
rule;
(2) 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 paragraph (1);
and
(3) consider the placement of such Agency's personnel
elsewhere in Nigeria.
(c) Report.--Not later than 90 days after the date of
enactment of this Act, the President, acting through the
United States Agency for International Development, shall
submit to the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and International Relations of the House of Representatives a
report on the strategy developed under subsection (b)(1).
Mr. FEINGOLD. Mr. President, I am pleased that the managers of the
foreign operations appropriations bill have agreed to accept my
amendment regarding development assistance to Nigeria.
My amendment expresses the sense of the Senate that the assistance
program in Nigeria has not been sufficient and should be expanded, and
that the recent political upheaval in the country requires a new
strategy for development assistance. The amendment specifies that no
direct aid shall be provided to the government ``unless and until that
country successfully completes a transition to civilian, democratic
rule.'' It also encourages the development of a more robust presence in
Nigeria, including placing development personnel outside of Lagos, the
capital. Finally, it requires the President to submit a report to
Congress on the new strategy.
This amendment reiterates part of the basic policy expressed in a
bill I introduced earlier this year, S. 2102, the Nigeria Democracy and
Civil Society Empowerment Act of 1998. That bill declares that the
United States should encourage the political, economic and legal
reforms necessary to ensure the rule of law and respect for human
rights in Nigeria and should aggressively support a timely and
effective transition to democratic, civilian government for the people
of Nigeria. The bill codifies many existing sanctions, authorizes the
President to impose new sanctions if conditions sour in Nigeria, and
would provide for $37 million in development assistance over three
years to support democracy and governance programs and the activities
of the U.S. Information Agency.
My amendment would pick up on the development assistance provisions
of S. 2102 without specifying an amount. Like S. 2102, this amendment
authorizes no new money. All spending in Nigeria would come out of
existing USAID appropriations.
The United States Agency for International Development has already,
correctly, noted that its program in Nigeria needs considerable re-
thinking. It recently submitted a notification to certain congressional
committees for some $5 million to support an immediate and effective
transition to democracy. But activities under this notification were
not fully defined, and approval would have granted USAID broad leeway
in its budgeting for this project, so the Congress has asked USAID to
provide additional details.
My amendment would require the administration to submit a report with
a more defined strategy for its Nigeria program within 90 days of
enactment of the Foreign Operations bill. I would hope that the
preparation of this report will help the administration focus its
development efforts in Nigeria, so that we do not receive such vague
notifications in the future.
With the replacement of longtime ruler General Abacha by the current
military leader, Gen. Abdulsalam Abubakar, there has been reason to be
optimistic about Nigeria's future. Although General Abubakar has not
yet moved to repeal the repressive decrees that place severe
restrictions on the basic freedoms of Nigerians, he has taken some
positive steps, including the release of several prominent political
prisoners, and has indicated a willingness to move his country once and
for all in the direction of democracy. But he had yet to deal with some
of the more vexing issues related to such a transition, which were
further complicated by the untimely death last May of Chief Moshood
Abiola, the presumed winner of the 1993 elections.
These are not easy times in Nigeria, nor for U.S.-Nigeria relations.
As the Ranking Member of the Senate Subcommittee on Africa, and as
someone who has watched Nigeria over the past several years, I look
forward to working with the administration on the development of a
coherent Nigeria policy, beginning with a more robust development
assistance presence.
AMENDMENT NO. 3518
(Purpose: To improve the prohibition on United States arms export
transactions to foreign governments that do not cooperate fully with
United States antiterrorism efforts)
At the appropriate place in the bill, insert the following:
Sec. ____. Section 40A of the Arms Export Control Act (22
U.S.C. 2781) is amended--
(1) in subsection (a), by striking ``that the President''
and all that follows and inserting ``unless the President
determines and certifies to Congress for purposes of that
fiscal year that the government of the country is cooperating
fully with the United States, or is taking adequate actions
on its own, to help achieve United States antiterrorism
objectives.'';
(2) by redesignating subsection (b) as subsection (e);
(3) by inserting after subsection (a), as so amended, the
following new subsections (b), (c), and (d):
``(b) Requirement for Continuing Cooperation.--(1)
Notwithstanding the submittal of a certification with respect
to a country for purposes of a fiscal year under subsection
(a), the prohibition in that subsection shall apply to the
country for the remainder of that fiscal year if the
President determines and certifies to Congress that the
government of the country has not continued to cooperate
fully with United States, or to take adequate actions on its
own, to help achieve United States antiterrorism objectives.
``(2) A certification under paragraph (1) shall take effect
on the date of its submittal to Congress.
``(c) Schedule for Certifications.--(1) The President
shall, to the maximum extent practicable, submit a
certification with respect to a country for purposes of a
fiscal year under subsection (a) not later than September 1
of the year in which that fiscal year begins.
``(2) The President may submit a certification with respect
to a county under subsection (a) at any time after the date
otherwise specified in paragraph (1) if the President
determines that circumstances warrant the submittal of the
certification at such later date.
``(d) Considerations for Certifications.--In making a
determination with respect to the government of a country
under subsection (a) or subsection (b), the President shall
consider--
``(1) the government's record of--
``(A) apprehending, bringing to trial, convicting, and
punishing terrorists in areas under its jurisdiction;
``(B) taking actions to dismantle terrorist organizations
in areas under its jurisdiction and to cut off their sources
of funds;
``(C) condemning terrorist actions and the groups that
conduct and sponsor them;
``(D) refusing to bargain with or make concessions to
terrorist organizations;
``(E) isolating and applying pressure on states that
sponsor and support terrorism to force such states to
terminate their support for terrorism;
``(F) assisting the United States in efforts to apprehend
terrorists who have targeted United States nationals and
interests;
``(G) sharing information and evidence with United States
law enforcement agencies during the investigation of
terrorist attacks against United States nationals and
interests;
``(H) extraditing to the United States individuals in its
custody who are suspected of participating in the planning,
funding, or
[[Page S9751]]
conduct of terrorist attacks against United States nationals
and interests; and
``(I) sharing intelligence with the United States about
terrorist activity, in general, and terrorist activity
directed against United States nationals and interests, in
particular; and
``(2) any other matters that the President considers
appropriate.''; and
(4) in subsection (e), as so redesignated, by striking
``national interests'' and inserting ``national security
interests''.
Mr. McCONNELL. Mr. President, Senator Leahy and I have cleared this
block of amendments.
The PRESIDING OFFICER. If there be no further debate, the question is
on agreeing to the amendments.
The amendments (Nos. 3510 through 3518), en bloc, were agreed to.
Mr. McCONNELL. Mr. President, I move to reconsider the vote.
Mr. LEAHY. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. TORRICELLI. Mr. Leahy, I know that you join me in welcoming the
progress that the citizens of Northern Ireland and the Republic have
made toward implementing a peace agreement. I would like to thank you
and the members of the Appropriations Committee for the tremendous work
you have done this year, including funding the International Fund for
Ireland (IFI) at the full amount President Clinton requested in FY
1999. At this critical point in time, this Senate, and the United
States as a whole, must begin to study our relationship with Northern
Ireland and do our best to ensure that peace takes hold in the region.
Dramatic cuts in the budget, particularly foreign aid, have made this
task more challenging. Understanding both the need to support peace in
Northern Ireland and dealing with budget cuts, I would like to request
your support for consideration of adding any additional funding to the
IFI, should it become available at a later time. It is important that
we consider ways to meet the needs of the people of Northern Ireland
and the Republic, and I hope you will join me in this effort.
Mr. LEAHY. As a fellow supporter of the peace process in Northern
Ireland, I want to assure you that, should additional funds become
available at a later date, we will consider increasing the amount
available to the IFI.
Mr. D'AMATO. Mr. Chairman, I would like to join my colleague in
expressing my support for the work the Appropriations Committee has
done this year. It is important that we maintain our strong support for
Northern Ireland and the Republic, and the funds made available to the
IFI in the upcoming fiscal year are a critical step. In the wake of the
passage of the Good Friday Accords, I have been working with Senator
Torricelli over the past several months to determine a method that will
best express the United States' support for peace in Northern Ireland.
At this point in time, I would like to request your support for
consideration of additional funding to the IFI, should it become
available in the future.
Mr. McCONNELL. I join Mr. Leahy in assuring you that we will consider
adding funds to the IFI, should they become available at a later date,
so that we may bolster peace in the region.
Mr. BINGAMAN. Mr. President, I am very concerned about a provision in
the FY 1999 Foreign Operations, Export Financing, and Related Programs
Appropriation bill regarding military assistance for the Baltic nations
that, according to the Committee report, is intended to accelerate the
integration of the Baltic States into NATO. Although the Administration
has assured the Congress that consideration of the Baltic nations for
membership in NATO would proceed in a deliberate fashion in
consultation with our NATO allies subject to the procedures already
established, designating military assistance to the Baltic nations in
accordance with the language contained in the Committee report would
circumvent those assurances. I wish to advise my colleagues that the
allocation of any military assistance provided in this bill to the
Baltic nations will not assure their admission into NATO.
Mr. President, I recall that during the recent debate on enlarging
NATO last April, many senators expressed their concern about extending
our military commitments beyond the limits which are already straining
our ability to meet worldwide contingencies. I believe that providing
military assistance to the Baltic nations in order to accelerate their
membership into NATO could lead us into a de facto security commitment
to that region that might strain our resources even further, and
therefore, be harmful to our national security interests as well as
those of our NATO allies. Many of my colleagues here in the Senate as
well as the distinguished Dr. Henry Kissinger who testified last spring
before the Armed Services Committee question our ability to respond
effectively to military contingencies in the Baltic region.
In addition, Mr. President, I am very concerned about the state of
relations between the United States and Russia at this vulnerable time
in international relations. Providing military assistance to the Baltic
nations for the express reason of accelerating their membership in NATO
is likely to exacerbate the uneasy state of our relations with the
current Russian government as well as many influential Russian leaders
who oppose that nation's current leadership. I do not believe it is in
our interest to create unnecessarily greater difficulties with Russia
than we already have. I believe this provision of the bill as discussed
in the Committee report could cause significant problems with Russia
and unfounded expectations among the Baltic nations for whom there is
no assured membership in NATO.
I have spoken with Senators Leahy, Hutchison, and Roberts about my
concerns and they share these sentiments.
Mr. LEAHY. Thank you, Senator Bingaman. I too am concerned that
providing military assistance to the Baltic nations with the expressed
intent to accelerate their membership into NATO is premature and should
not prejudice consideration for their membership into NATO when a
decision to do so might occur.
Mrs. HUTCHISON. Mr. President, I agree with my colleagues on this
very important national security issue. In particular, I agree that the
words in the Committee report for this bill should not be taken to mean
that membership in NATO by the Baltic states is going to be considered
until there is a complete debate on the matter, that the Senate's
responsibility for advice and consent on treaties is in any way
predetermined in the case of the Baltic countries.
Mr. ROBERTS. Thank you, Mr. President. I would like to add my
reservations to those of my colleagues. I am very concerned about
overextending our military commitments without sufficient resources to
handle the additional tasks we might assume. Enlarging NATO should be a
step by step deliberate process that should not be circumvented in any
way.
Mr. BINGAMAN. I appreciate the supportive words of my colleagues on
this important matter of national security.
Privilege of the Floor
Mr. LEAHY. Mr. President, I ask unanimous consent Joan Wadelton, a
State Department fellow on the staff of the Committee on Foreign
Relations, be accorded the privilege of the floor during the pendency
of S. 2334.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Kentucky.
Mr. McCONNELL. I know both Senators from New Jersey are anxious to
make a statement on another matter, but Senator Leahy and I now have a
finite list of amendments which we believe will bring us to final
passage.
Mr. President, I yield the floor.
Several Senators addressed the Chair.
The PRESIDING OFFICER. The Senator from New Jersey.
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