[Congressional Record Volume 154, Number 69 (Tuesday, April 29, 2008)]
[Senate]
[Pages S3515-S3516]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 541--SUPPORTING HUMANITARIAN ASSISTANCE, PROTECTION
OF CIVILIANS, ACCOUNTABILITY FOR ABUSES IN SOMALIA, AND URGING CONCRETE
PROGRESS IN LINE WITH THE TRANSITIONAL FEDERAL CHARTER OF SOMALIA
TOWARD THE ESTABLISHMENT OF A VIABLE GOVERNMENT OF NATIONAL UNITY
Mr. FEINGOLD (for himself, Mr. Coleman, Mr. Brown, Ms. Klobuchar, and
Mr. Hagel) submitted the following resolution; which was referred to
the Committee on Foreign Relations:
S. Res. 541
Whereas, despite the formation of the internationally
recognized Transitional Federal Government (TFG) in 2004,
there has been little improvement in the governance or
stability of southern and central Somalia, and stability in
the northern region of Puntland has deteriorated;
Whereas governance failures in Somalia have permitted and
contributed to escalating violence, egregious human rights
abuses, and violations of international humanitarian law,
which occur with impunity and have led to an independent
system of roadblocks, checkpoints, and extortion that hinders
trade, business, and the delivery of desperately needed
humanitarian assistance;
Whereas the Government of Ethiopia intervened in Somalia in
December 2006 against the Islamic Courts Union (ICU) and
continues to serve as the primary security force for the TFG
in Somalia;
Whereas a United Nations Monitoring Group on Somalia report
presented to the United Nations Security Council on July 20,
2007, alleged that Eritreans have provided arms to insurgents
in Somalia as part of a long-standing dispute between
Ethiopia and Eritrea that includes a series of interlocking
proxy wars in the Horn of Africa;
Whereas the United Nations estimates that, as of April
2008, 2,000,000 people in Somalia need humanitarian
assistance or livelihood support for at least the next 6
months, including 745,000 people who have fled ongoing
insecurity and sporadic violence in Mogadishu over the past
16 months, adding to more than 275,000 long-term internally
displaced Somalis;
Whereas, despite Prime Minister Nur Hassan Hussein's public
commitment to humanitarian operations, local and
international aid agencies remain hindered by extortion,
harassment, and administrative obstructions;
Whereas, in March 2008, United Nations Secretary-General
Ban Ki-moon presented his report on Somalia based on recent
strategic assessments and fact-finding missions, which
offered recommendations for increasing United Nations
engagement while decreasing the presence of foreign troops,
including the establishment of a maritime task force to deter
piracy and support the 1992 international arms embargo;
Whereas the United States Government has allocated nearly
$50,000,000 to support the African Union Mission in Somalia
(AMISOM) and continues to be the leading contributor of
humanitarian assistance in Somalia, with approximately
$140,000,000 provided in fiscal year 2007 and fiscal year
2008 to date, but still lacks a comprehensive strategy to
build a sustainable peace;
Whereas, over the last 5 years, the Senate has repeatedly
called upon the President through resolutions, amendments,
bills, oversight letters, and hearings to develop and
implement a comprehensive strategy to contribute to lasting
peace and security throughout the Horn of Africa by helping
to establish a legitimate, stable central government in
Somalia capable of maintaining the rule of law and preventing
Somalia from becoming a safe haven for terrorists;
Whereas a February 2008 Government Accountability Office
(GAO) report entitled, ``Somalia: Several Challenges Limit
U.S. and International Stabilization, Humanitarian, and
Development Efforts'', found that United States and
international ``efforts have been limited by lack of
security, access to vulnerable populations, and effective
government institutions'' as well as the fact that the ``U.S.
strategy for Somalia, outlined in the Administration's 2007
report to Congress on its Comprehensive Regional Strategy on
Somalia, is incomplete'';
Whereas the recent designation by the Department of State
of Somali's al Shabaab militia as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) and as a specially designated
global terrorist under section 1(b) of Executive Order 13224
(September 23, 2001) highlights the growing need for a
strategic, multifaceted, and coordinated approach to Somalia;
and
Whereas it is in the interest of the United States, the
people of Somalia, and the citizens and governments of
neighboring and other interested countries to work towards a
legitimate peace and a sustainable resolution to the crisis
in Somalia that includes civilian protection and access to
services, upholds the rule of law, and promotes
accountability: Now, therefore, be it
Resolved, That it is the sense of the Senate that--
(1) the United States remains committed to the people of
Somalia and to helping build the institutions necessary for a
stable nation free from civil war and violent extremism;
(2) the President, in partnership with the African Union,
the United Nations, and the international community, should--
(A) provide sufficient humanitarian assistance to those
most seriously affected by armed conflict, drought, and
flooding throughout Somalia, and call on the Transitional
Federal Government to actively facilitate the dispersal of
such assistance;
(B) ensure accountability for all state, non-state, and
external parties responsible for violations of human rights
and international humanitarian law in Somalia, including
through the deployment of United Nations human rights
monitors and the establishment of a United Nations Commission
of Inquiry to investigate abuses;
(C) call on all parties to recommit to an inclusive
dialogue, with international support, in the interest of
promoting sustainable peace and security in Somalia and
across the Horn of Africa;
(D) urge the Government of Ethiopia, in coordination with
the United Nations Political Office in Somalia, to develop a
clear timeline for the responsible withdrawal of its
[[Page S3516]]
armed forces from Somalia, to honor its obligation under the
Geneva Conventions to ensure protection of civilians under
its control, and to observe the distinction between civilians
and military combatants and their assets;
(E) urge the Government of Eritrea to play a productive
role in helping to bring about stability to Somalia,
including ceasing to provide any financial and material
support, such as arms and ammunition, to insurgent groups in
and around Mogadishu and throughout the region; and
(F) call on all countries in the region and wider
international community to provide increased support for
AMISOM and ensure a robust civilian protection mandate;
(3) to achieve sustainable peace in the region, the
Transitional Federal Government, including the newly
appointed Prime Minister and his Cabinet, should--
(A) take necessary steps to protect civilians from dangers
related to military operations, investigate and prosecute
human rights abuses, provide basic services to all the people
of Somalia, and ensure that humanitarian organizations have
full access to vulnerable populations;
(B) recommit to the Transitional Federal Charter;
(C) set a detailed timeline and demonstrate observable
progress for completing the political transition laid out in
the Transitional Federal Charter by 2009, including concrete
and immediate steps toward scheduling elections as a means of
establishing a democratically elected government that
represents the people of Somalia; and
(D) agree to participate in an inclusive and transparent
political process, with international support, towards the
formation of a government of national unity based on the
principles of democracy, accountability, and the rule of law.
Mr. FEINGOLD. Mr. President, one month ago I urged greater U.S. and
international action to end the horrific violence plaguing Somalia and
to press for a political solution that will lead to a sustainable peace
in this war-torn country and stability for the volatile Horn of Africa
region. Today, relentless violence in Somalia's capital, Mogadishu, is
worsening the humanitarian and human rights crisis faced by hundreds of
thousands of Somali civilians, while Islamist militias have gained
substantial territorial control in south and central Somalia and Somali
pirates are wreaking havoc off the country's coast. In the past few
days, a range of actors from the UN's Under Secretary-General for
Humanitarian Affairs to Human Rights Watch, and even Pope Benedict,
have issued urgent appeals for an end to the lawless violence in
Somalia.
Today, I am introducing a resolution that will add the U.S. Senate to
the list of those calling for the protection of civilians and a
recommitment to the ideals and implementation of the 2004 Transitional
Federal Charter. The resolution I am introducing--along with Senators
Coleman, Brown, and Klobuchar--acknowledges the good work the U.S. has
done, including the allocation of nearly $50 million to support the
African Union peacekeepers in Somalia. The U.S. continues to be the
leading humanitarian contributor, with more than $140 million in
humanitarian assistance since the Ethiopians went into Somalia in
December 2006.
This most recent ``emergency'' response to the situation in Somalia
has now gone on for sixteen months and yet conditions on the ground
have deteriorated significantly, with some experts claiming Mogadishu
is worse now than it has been since the civil war began in the early
1990s. It is clear our current policy towards Somalia is not working--
and we can no longer rely on temporary measures to stitch the crisis
together.
This new Senate resolution aims to refocus U.S. and international
attention on the medium- and long-term priorities, namely, our
commitment to helping Somalis build the institutions and conditions
necessary for a stable nation free from civil war and violent
extremism. The resolution reflects information gleaned from a hearing I
held last month in the Senate Subcommittee on African Affairs, in which
expert witnesses stressed the need for an inclusive regional political
process that facilitates dialogue and accountability.
I will continue to demand a U.S. and international strategy to bring
stability and security to Somalia until there is evidence that an
effective plan exists and is being implemented in a consistent and
coordinated fashion. For the sake of the people of Somalia and the
reputation of the U.S. and the international community--not to mention
our own national security--it is vital to reinvigorate a political
process and stimulate legitimate progress towards that end. Given our
historic role on the Horn of Africa and the critical national security
concerns emanating from this part of the world, I encourage my
colleagues to join me in calling upon the U.S. administration, other
foreign donors, the Transitional Federal Government of Somalia, and
other leaders in the region to end Somalia's descent into instability
by facilitating political negotiations to address the need for
accountability and the rule of law, and to prevent future suffering.
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