[Congressional Record Volume 146, Number 81 (Friday, June 23, 2000)]
[Senate]
[Pages S5753-S5755]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ZIMBABWE DEMOCRACY ACT OF 2000
Mr. COVERDELL. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar 589, S. 2677.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 2677) to restrict assistance until certain
conditions are satisfied and to support democratic and
economic transition in Zimbabwe.
There being no objection, the Senate proceeded to the consideration
of the bill.
Amendment No. 3617
(Purpose: To restrict assistance until certain conditions are satisfied
and to support democratic and economic transition in Zimbabwe)
Mr. COVERDELL. Mr. President, Senator Frist has a substitute
amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Georgia (Mr. Coverdell), for Mr. Frist,
Mr. Feingold, and Mr. Helms, proposes an amendment numbered
3617.
(The text of the amendment is printed in today's Record under
``Amendments Submitted.'')
Mr. FRIST. Mr. President, it is my understanding that USAID obligates
most of its money for Zimbabwe through agreements with the Government
of Zimbabwe. Notwithstanding this obligation procedure, it is my
intention that the prohibition on assistance for the Government of
Zimbabwe not cut off all assistance to Zimbabwe but only that
assistance that would otherwise have been provided for the benefit of
the government. Under the limitation contained in my amendment,
assistance provided through nongovernmental organizations may continue,
even though the initial obligation of funds may have been with the
government. Such assistance may only marginally benefit the government
through, for example, the necessary use of providing assistance to the
people of Zimbabwe. This has particular relevance to microenterprise
programs which, I believe, would not be affected by the limitations in
my amendment.
Mr. COVERDELL. Mr. President, I ask unanimous consent that the
amendment be agreed to, the bill be read a third time and passed, the
motion to reconsider be laid upon the table, and that any statements
relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
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The amendment (No. 3617) was agreed to.
The bill (S. 2677), as amended, was read the third time and passed as
follows:
S. 2677
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zimbabwe Democracy Act of
2000''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--Congress finds as follows:
(1) Deliberate and systematic violence, intimidation, and
killings have been orchestrated and supported by the
Government of Zimbabwe and the ruling ZANU-PF party against
members, sympathizers, and supporters of the democratic
opposition, farmers, and employees. The violence has resulted
in death, a breakdown in the rule of law, and further
collapse of Zimbabwe's economy.
(2) The lawlessness, harassment, violence, intimidation,
and killings directed at the opposition and their supporters,
farmers and farm employees continues at President Mugabe's
explicit and public urging despite two court rulings that the
occupations are illegal and must be ended.
(3) The breakdown in the rule of law has jeopardized
Zimbabwe's future, including international support for
programs which provide land ownership for the large number of
poor and landless Zimbabweans, other donor programs, economic
stability, and direct investment.
(4) The orchestrated violence and intimidation directed at
opposition supporters has created and fostered an environment
which seriously compromises the possibility of free and fair
elections.
(5) The crisis in Zimbabwe is further exacerbated by the
fact that Zimbabwe is spending millions of dollars each month
on its involvement in the civil war in the Democratic
Republic of Congo. Those resources could finance equitable
and transparent land reform, other programs to promote
economic growth and alleviate poverty, and programs to combat
the spread and effects of the world's highest HIV infection
rate.
(b) Statement of Policy.--It is therefore the policy of the
United States to support the people of Zimbabwe in their
struggles to effect peaceful, democratic change, achieve
broad-based and equitable economic growth, and restore the
rule of law.
SEC. 3. PROHIBITION ON PROVISION OF ASSISTANCE OR DEBT
RELIEF.
(a) Prohibition on Assistance.--Except as provided in
subsection (b)--
(1) no United States assistance may be provided for the
Government of Zimbabwe;
(2) no indebtedness owed by the Government of Zimbabwe to
the United States Government may be canceled or reduced; and
(3) the Secretary of the Treasury shall instruct the United
States Executive Director to each international financial
institution to oppose and vote against--
(A) any extension by the respective institution of any
assistance of any kind to the Government of Zimbabwe, except
for assistance to meet basic human needs and for good
governance; and
(B) any cancellation or reduction of indebtedness owed by
the Government of Zimbabwe to that institution.
(b) Conditions for Restoration of Eligibility for
Assistance and Debt Relief.--The provisions of subsection (a)
shall apply until the President certifies to the appropriate
congressional committees that--
(1) the rule of law has been restored in Zimbabwe,
including respect for ownership and title to property held
prior to January 1, 2000, freedom of speech and association,
and an end to the lawlessness, violence, and intimidation
sponsored, condoned, or tolerated by the Government of
Zimbabwe, the ruling party, and their supporters or entities;
(2) Zimbabwe has held parliamentary elections which are
widely accepted by the participating parties and the duly
elected are free to assume their offices;
(3)(A) Zimbabwe has held a presidential election which is
widely accepted by the participating parties and the
president-elect is free to assume the duties of the office;
or
(B) the government has sufficiently improved the pre-
election environment to a degree consistent with accepted
international standards for security and freedom of movement
and association;
(4) the Government of Zimbabwe has demonstrated a
commitment to an equitable, legal, and transparent land
reform program which should--
(A) respect existing ownership of and title to property by
providing fair, market-based compensation to sellers;
(B) benefit the truly needy and landless;
(C) be based on the principle of ownership and title to all
land, including communal areas;
(D) be managed and administered by an independent,
nongovernmental body; and
(E) be consistent with agreements reached at the
International Donors' Conference on Land Reform and
Resettlement in Zimbabwe held in Harare in September, 1998;
(5) the Government of Zimbabwe is making a good faith
effort to fulfill the terms of the Lusaka agreement on ending
the war in the Democratic Republic of Congo; and
(6) the Zimbabwean Armed Forces and the National Police of
Zimbabwe are responsible to and serve the elected civilian
government.
(c) United States Assistance Defined.--
(1) In general.--Except as provided in paragraph (2), in
this section, the term ``United States assistance'' means--
(A) any assistance under the Foreign Assistance Act of 1961
(excluding programs under title IV of chapter 2 of part I,
relating to the Overseas Private Investment Corporation);
(B) sales, or financing on any terms, under the Arms Export
Control Act;
(C) the licensing of exports under section 38 of the Arms
Export Control Act; and
(D) the provision of agricultural commodities, other than
food, under the Agricultural Trade Development and Assistance
Act of 1954.
(2) Exceptions.--The term ``United States assistance'' does
not include--
(A) humanitarian assistance, including food, medicine,
medical supplies;
(B) health assistance, including health assistance for the
prevention, treatment, and control of HIV/AIDS and other
infectious diseases;
(C) support for democratic governance and the rule of law;
(D) support for land reform programs consistent with
subsection (b)(4);
(E) support for conservation programs; and
(F) support for de-mining programs.
(d) Waiver.--The President may waive the provisions of
subsection (a) if he determines that it is in the national
interest of the United States to do so.
SEC. 4. SUPPORT FOR DEMOCRATIC INSTITUTIONS AND THE RULE OF
LAW.
(a) Assistance for Legal Expenses.--As one component of a
comprehensive approach towards supporting democratic
institutions and the rule of law in Zimbabwe, the President
is authorized to use funds appropriated to carry out the
provisions of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 to finance the legal and related
expenses of--
(1) individuals and democratic institutions challenging
restrictions to free speech and association in Zimbabwe,
including challenges to licensing fees, restrictions, and
other charges and penalties imposed on the media or on
individuals exercising their right of free speech and
association;
(2) individuals and democratic institutions and
organizations challenging electoral outcomes or restrictions
to their pursuit of elective office or democratic reforms,
including fees or other costs imposed by the Government on
those individuals or institutions; and
(3) individuals who are the victims of torture or otherwise
victimized by political violence.
(b) Authority for Radio Broadcasting.--
(1) In general.--The Broadcasting Board of Governors shall
further the communication of information and ideas through
the increased use of radio broadcasting to Zimbabwe to ensure
that radio broadcasting to that country serves as a
consistently reliable and authoritative source of accurate,
objective and comprehensive news.
(2) Termination.--The authority of this subsection shall
terminate upon a certification by the President under section
3(b) that the conditions specified in that section have been
satisfied.
(c) Assistance for democracy Training.--During fiscal year
2001, the President is authorized to use not less than
$6,000,000 of the funds made available to carry out the
provisions of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 for democracy and governance programs
in Zimbabwe.
(d) Election Observers.--It is the sense of Congress that
the President should provide support, including through the
National Endowment for Democracy, for international election
observers to the Zimbabwean parliamentary elections in 2000
and the presidential election scheduled for 2002, including
assessments, of the pre-electoral environment in each case
and the electoral laws of Zimbabwe.
SEC. 5. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC
RECOVERY.
Upon the certification made by the President under section
3(b)--
(1) up to $16,000,000 of funds appropriated to carry out
the provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961, is authorized to be made available,
notwithstanding any other provision of law, for support for
alternative schemes under the Inception Phase of the Land
Reform and Resettlement Program, including costs related to
acquisition of land and resettlement, meeting the standards
in section 3(b)(4); and
(2) the Secretary of the Treasury shall--
(A) undertake a review of the feasibility of restructuring,
rescheduling, or eliminating the sovereign debt of Zimbabwe
held by any agency of the United States Government;
(B) direct the United States Executive Director of each
international financial institution to which the United
States is a member to propose that such institution undertake
a review of the feasibility of restructuring, rescheduling,
or eliminating the sovereign debt of Zimbabwe held by that
institution; and
(C) direct the United States Executive Director of each
international financial institution to which the United
States is a member to propose to undertake financial and
technical support for Zimbabwe, especially that intended to
promote Zimbabwe's economic recovery and development, the
stabilization of the Zimbabwean dollar, and the viability of
Zimbabwe's democratic institutions; and
(3) there shall be established a Southern Africa Finance
Center located in Zimbabwe that will co-locate regional
offices of the
[[Page S5755]]
Overseas Private Investment Corporation, the Export-Import
Bank of the United States, and the Trade and Development
Agency for the purpose of facilitating the development of
commercial projects in Zimbabwe and the southern Africa
region.
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