[Congressional Record (Bound Edition), Volume 147 (2001), Part 17]
[House]
[Pages 23817-23822]
[From the U.S. Government Publishing Office, www.gpo.gov]



          ZIMBABWE DEMOCRACY AND ECONOMIC RECOVERY ACT OF 2001

  Mr. ROYCE. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 494) to provide for a transition to democracy and to 
promote economic recovery in Zimbabwe, as amended.
  The Clerk read as follows:

                                 S. 494

       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 and 
     Economic Recovery Act of 2001''.

     SEC. 2. STATEMENT OF POLICY.

       It is the policy of the United States to support the people 
     of Zimbabwe in their struggle to effect peaceful, democratic 
     change, achieve broad-based and equitable economic growth, 
     and restore the rule of law.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) International financial institutions.--The term 
     ``international financial institutions'' means the 
     multilateral development banks and the International Monetary 
     Fund.
       (2) Multilateral development banks.--The term 
     ``multilateral development banks'' means the International 
     Bank for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Inter-American Development Bank, the Asian 
     Development Bank, the Inter-American Investment Corporation, 
     the African Development Bank, the African Development Fund, 
     the European Bank for Reconstruction and Development, and the 
     Multilateral Investment Guaranty Agency.

     SEC. 4. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC 
                   RECOVERY.

       (a) Findings.--Congress makes the following findings:
       (1) Through economic mismanagement, undemocratic practices, 
     and the costly deployment of troops to the Democratic 
     Republic of the Congo, the Government of Zimbabwe has 
     rendered itself ineligible to participate in International 
     Bank for Reconstruction and Development and International 
     Monetary Fund programs, which would otherwise be providing 
     substantial resources to assist in the recovery and 
     modernization of Zimbabwe's economy. The people of Zimbabwe 
     have thus been denied the economic and democratic benefits 
     envisioned by the donors to such programs, including the 
     United States.
       (2) In September 1999 the IMF suspended its support under a 
     ``Stand By Arrangement'', approved the previous month, for 
     economic adjustment and reform in Zimbabwe.
       (3) In October 1999, the International Development 
     Association (in this section referred to as the ``IDA'') 
     suspended all structural adjustment loans, credits, and 
     guarantees to the Government of Zimbabwe.
       (4) In May 2000, the IDA suspended all other new lending to 
     the Government of Zimbabwe.
       (5) In September 2000, the IDA suspended disbursement of 
     funds for ongoing projects under previously-approved loans, 
     credits, and guarantees to the Government of Zimbabwe.
       (b) Support for Democratic Transition and Economic 
     Recovery.--
       (1) Bilateral debt relief.--Upon receipt by the appropriate 
     congressional committees of a certification described in 
     subsection (d), the Secretary of the Treasury shall 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.
       (2) Multilateral debt relief and other financial 
     assistance.--It is the sense of Congress that, upon receipt 
     by the appropriate congressional committees of a 
     certification described in subsection (d), the Secretary of 
     the Treasury should--
       (A) direct the United States executive director of each 
     multilateral development bank to propose that the bank should 
     undertake a review of the feasibility of restructuring, 
     rescheduling, or eliminating the sovereign debt of Zimbabwe 
     held by that bank; and
       (B) 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 support that is 
     intended to promote Zimbabwe's economic recovery and 
     development, the stabilization of the Zimbabwean dollar, and 
     the viability of Zimbabwe's democratic institutions.
       (c) Multilateral Financing Restriction.--Until the 
     President makes the certification described in subsection 
     (d), and except as may be required to meet basic human needs 
     or for good governance, the Secretary of the Treasury shall 
     instruct the United States executive director to each 
     international financial institution to oppose and vote 
     against--
       (1) any extension by the respective institution of any 
     loan, credit, or guarantee to the Government of Zimbabwe; or
       (2) any cancellation or reduction of indebtedness owed by 
     the Government of Zimbabwe to the United States or any 
     international financial institution.
       (d) Presidential Certification That Certain Conditions Are 
     Satisfied.--A certification under this subsection is a 
     certification transmitted to the appropriate congressional 
     committees of a determination made by the President that the 
     following conditions are satisfied:
       (1) Restoration of the rule of law.--The rule of law has 
     been restored in Zimbabwe, including respect for ownership 
     and title to property, 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) Election or pre-election conditions.--Either of the 
     following two conditions is satisfied:
       (A) Presidential election.--Zimbabwe has held a 
     presidential election that is widely accepted as free and 
     fair by independent international monitors, and the 
     president-elect is free to assume the duties of the office.
       (B) Pre-election conditions.--In the event the 
     certification is made before the presidential election takes 
     place, the Government of Zimbabwe has sufficiently improved 
     the pre-election environment to a degree consistent with 
     accepted international standards for security and freedom of 
     movement and association.
       (3) Commitment to equitable, legal, and transparent land 
     reform.--The Government of Zimbabwe has demonstrated a 
     commitment to an equitable, legal, and transparent land 
     reform program consistent with agreements reached at the 
     International Donors' Conference on Land Reform and 
     Resettlement in Zimbabwe held in Harare, Zimbabwe, in 
     September 1998.
       (4) Fulfillment of agreement ending war in democratic 
     republic of congo.--The Government of Zimbabwe is making a 
     good faith effort to fulfill the terms of the Lusaka, Zambia, 
     agreement on ending the war in the Democratic Republic of 
     Congo.
       (5) Military and national police subordinate to civilian 
     government.--The Zimbabwean Armed Forces, the National Police 
     of Zimbabwe, and other state security forces are responsible 
     to and serve the elected civilian government.
       (e) Waiver.--The President may waive the provisions of 
     subsection (b)(1) or subsection (c), if the President 
     determines that it is in the national interest of the United 
     States to do so.

     SEC. 5. SUPPORT FOR DEMOCRATIC INSTITUTIONS, THE FREE PRESS 
                   AND INDEPENDENT MEDIA, AND THE RULE OF LAW.

       (a) In General.--The President is authorized to provide 
     assistance under part I and chapter 4 of part II of the 
     Foreign Assistance Act of 1961 to--
       (1) support an independent and free press and electronic 
     media in Zimbabwe;
       (2) support equitable, legal, and transparent mechanisms of 
     land reform in Zimbabwe, including the payment of costs 
     related to the acquisition of land and the resettlement of 
     individuals, consistent with the International Donors' 
     Conference on Land Reform and Resettlement in Zimbabwe held 
     in Harare, Zimbabwe, in September 1998, or any subsequent 
     agreement relating thereto; and
       (3) provide for democracy and governance programs in 
     Zimbabwe.
       (b) Funding.--Of the funds authorized to be appropriated to 
     carry out part I and chapter 4 of part II of the Foreign 
     Assistance Act of 1961 for fiscal year 2002--
       (1) $20,000,000 is authorized to be available to provide 
     the assistance described in subsection (a)(2); and
       (2) $6,000,000 is authorized to be available to provide the 
     assistance described in subsection (a)(3).
       (c) Supersedes Other Laws.--The authority in this section 
     supersedes any other provision of law.

     SEC. 6. SENSE OF CONGRESS ON THE ACTIONS TO BE TAKEN AGAINST 
                   INDIVIDUALS RESPONSIBLE FOR VIOLENCE AND THE 
                   BREAKDOWN OF THE RULE OF LAW IN ZIMBABWE.

       It is the sense of Congress that the President should begin 
     immediate consultation with the governments of European Union 
     member states, Canada, and other appropriate foreign 
     countries on ways in which to--
       (1) identify and share information regarding individuals 
     responsible for the deliberate breakdown of the rule of law, 
     politically motivated violence, and intimidation in Zimbabwe;

[[Page 23818]]

       (2) identify assets of those individuals held outside 
     Zimbabwe;
       (3) implement travel and economic sanctions against those 
     individuals and their associates and families; and
       (4) provide for the eventual removal or amendment of those 
     sanctions.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Royce) and the gentleman from California (Mr. Lantos) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Royce).


                             General Leave

  Mr. ROYCE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on S. 494.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to begin by expressing my appreciation to 
the gentleman from Illinois (Mr. Hyde), the chairman of the Committee 
on International Relations, and the gentleman from Ohio (Mr. Oxley), 
the chairman of the Committee on Financial Services, for moving this 
important legislation. I would also like to express my appreciation to 
the gentleman from California (Mr. Lantos), the ranking member of the 
Committee on International Relations, and the gentleman from New Jersey 
(Mr. Payne), the ranking member of the Subcommittee on Africa that I 
chair, for their support of this bill. With elections approaching in 
Zimbabwe, and the conditions on the ground deteriorating, it is 
important that we pass the Zimbabwe Democracy and Economic Recovery Act 
of 2001 before this Congress adjourns.
  In Zimbabwe we are sadly seeing a dictator there literally burning 
his country down. I feel that he is very desperate there to keep his 
perks and avoid accountability for his crimes. As a consequence of 
that, he has sanctioned utter anarchy in his homeland in an attempt to 
win an election that he has been pressured by Zimbabweans into holding. 
I think that if he had his way, Mr. Mugabe would undoubtedly run 
Zimbabwe as a one-party State as he did run it during the 1980s, but 
Mugabe has spared no means in his attempt to suppress democratic 
expression in Zimbabwe. His ZANU-PF Party thugs have employed murder, 
mass beatings, systematic torture, gang rape, house burning, death 
threats, and every type of police brutality. And while Zimbabwe police 
are quick to crack down on peaceful political protests, violent ZANU-PF 
operatives are rarely brought to justice. The Zimbabwe Lawyers for 
Human Rights group has observed that it is ``outraged by the continued 
brutality, lack of respect for fundamental human rights and political 
partisanship of the Zimbabwe Republic Police.'' Offices of the 
political opposition there are routinely fire-bombed. Dozens of 
political opponents have been murdered in State-sanctioned violence, 
yet Mr. Mugabe does not speak out against those doing the violence. 
Instead, President Mugabe calls the peaceful political opposition 
``terrorists'' and vows to crush them.

                              {time}  1500

  For Zimbabweans, it is a sad irony that the Mugabe Government 
represses political opponents with the same Law and Order Maintenance 
Act which Ian Smith's Rhodesian repressive government pioneered to 
prevent majority rule there.
  Having led a congressional delegation to Saudi Arabia some years 
back, I saw then the climate of fear the Zimbabwe Government long ago 
created. This legislation provides reasonable guidelines for U.S. 
engagement with Zimbabwe. It expresses the United States' interest in 
assisting the Zimbabwean people with economic development; and it 
provides funding for such efforts, but only when the climate is right, 
that is, when the rule of law has been established and when free and 
fair elections are possible.
  We must be realistic, though. The prospects are increasingly remote 
that the presidential elections, which must be held by March, will be 
free and fair. The U.S.-based International Foundation for Electoral 
Systems has been chased from the country.
  The government rejected a call by the European Union to allow for 
election monitors. While it recently relented on its decision, it is 
likely to reverse course. The government is likely to again prohibit 
those observers from coming in for the elections.
  I was scheduled to lead an election observation team for the 2000 
parliamentary elections there, but the Zimbabwean Government pulled the 
visas at the last minute.
  A U.S. District Court judge in New York recently ruled that 
Zimbabwe's governing political party, ZANU-PF, was liable for murdering 
and torturing its political opponents in the run-up to those elections. 
The court found that ZANU-PF, in its organized violence and 
methodological terror, worked in tandem with Zimbabwean Government 
officials. That was in the year 2000. The current Mugabe Government has 
never changed its modus operandi.
  Mugabe is doing all that he can to see that the world is not watching 
him. The Washington Post and the New York Times reporters have been 
denied visas to cover the chaos there. The BBC was booted out in July. 
Foreign journalists are routinely harassed and intimidated.
  It is Zimbabwean journalists, though, that have borne the brunt of 
it. Newspaper offices have been bombed. Against this, we have seen many 
profiles in courage. Jeff Nyarota, editor of the Daily News, Zimbabwe's 
only independent newspaper, recently won the New York-based Committee 
to Protect Journalists Press Freedom Award for his courageous work 
uncovering government corruption.
  I am certain that this legislation is a morale boost to brave 
Zimbabwean journalists who fear that the world ignores them. Let me 
just say a word about the economy there.
  Predictably, the Zimbabwean economy is now in ruins. With farmland 
under government siege, half a million Zimbabweans face starvation in a 
country that traditionally produces enough food to export. The current 
government is oblivious to the suffering of the people there.
  ZANU-PF leadership, though, is not hurting. The U.N. recently 
reported how Zimbabwean troops are clear-cutting invaluable forests in 
the Democratic Republic of Congo, and proceeds from this environmental 
crime assuredly are going to supporting the luxurious lifestyle of 
Zimbabwe's ruling elite.
  This legislation, importantly, asks the administration to begin a 
process of identifying the assets of those involved, those military 
personnel involved in just that effort, and to impose personal economic 
sanctions against them for breaking down the rule of law in Zimbabwe. 
It does not affect trade, however.
  This legislation provides aid for lawful and transparent land 
resettlement, and I believe that this will have to come after there is 
a new government. We should not lose sight of the fact that President 
Mugabe has created the current land crisis. He has sanctioned the 
violent land invasions and the murders of Zimbabweans, black and white, 
precisely because it serves his political interests. That is why many 
attempts by the international community to aid a lawful land reform 
program have gone for naught.
  The latest attempt, the Abuja Agreement, has fallen apart, with the 
Mugabe Government intensifying farm invasions and violence. President 
Mugabe's land reform program has been to take land and give it to the 
generals and to give it to his political associates. Recent reports 
have him now giving land to Libyan business partners.
  The Mugabe Government has shown little interest in the welfare of the 
people of Zimbabwe, and that is why we need to move this legislation.
  Mr. Speaker, I include for the Record an exchange of letters between 
the gentleman from Ohio (Chairman Oxley) of the Committee on Financial 
Services and Chairman Hyde concerning the Senate bill, S. 494:


[[Page 23819]]


         U.S. House of Representatives, Committee on Financial 
           Services,
                                Washington, DC, November 30, 2001.
     Hon. Henry J. Hyde,
     Chairman, Committee on International Relations, Washington, 
         DC.
       Dear Mr. Chairman: I understand that on November 28, 2001, 
     the Committee on International Relations ordered S. 494, the 
     Zimbabwe Democracy and Economic Recovery Act of 2001, 
     reported to the House. As you know, the Committee on 
     Financial Services was granted the primary referral of the 
     bill upon its introduction pursuant to the Committee's 
     jurisdiction over debt relief and other financial assistance 
     under Rule X of the Rules of the House of Representatives.
       Because of the importance of this matter and your 
     commitment to address this Committee's concerns, I recognize 
     your desire to bring this legislation before the House in an 
     expeditious manner and will waive consideration of the bill 
     by the Financial Services Committee. By agreeing to waive its 
     consideration of the bill, the Financial Services Committee 
     does not waive its jurisdiction over S. 494. In addition, the 
     Committee on Financial Services reserves its authority to 
     seek conferees on any provisions of the bill that are within 
     its jurisdiction during any House-Senate conference that may 
     be convened on this legislation. I ask your commitment to 
     support any request by the Committee on Financial Services 
     for conferees on S. 494 or related legislation.
       I request that you include this letter and your response as 
     part of the Congressional Record during consideration of the 
     legislation on the House floor.
       Thank you for your attention to these matters.
           Sincerely,
                                                 Michael G. Oxley,
     Chairman.
                                  ____

         U.S. House of Representatives,
                                Washington, DC, November 29, 2001.
     Hon. Michael Oxley,
     Chairman, Committee on Financial Services, Washington, DC.
       Dear Mr. Chairman: I am writing you concerning the bill S. 
     494, Zimbabwe Democracy and Economic Recovery Act of 2001, 
     which this Committee ordered reported yesterday. I recognize 
     that the bill was jointly referred to the Committee on 
     Financial Services based on your Committee's jurisdiction 
     over language relating to debt relief and other financial 
     assistance.
       It is my intention to take this matter up under suspension 
     of the rules. While recognizing your jurisdiction over this 
     subject matter, I would appreciate your willingness to waive 
     your right to consider this bill without waiving your 
     jurisdiction over the general subject matter. I will support 
     the Speaker's naming Members of your Committee as conferees 
     on the matter should it get to conference.
       As you have requested, I will include this exchange of 
     letters in the Record during consideration of the resolution.
       I appreciate your assistance in getting this important bill 
     to the floor.
           Sincerely,
                                                    Henry J. Hyde,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of S. 494, the Zimbabwe 
Democracy and Economic Recovery Act.
  First, I would like to commend the distinguished chairman of the 
Subcommittee on Africa, my good friend and fellow Californian, the 
gentleman from California (Mr. Royce), and the ranking minority member, 
our distinguished colleague, the gentleman from New Jersey (Mr. Payne), 
for their active pursuit of human rights, democracy, and decency in 
Zimbabwe, and for their strong support for this legislation.
  I also want to thank the gentleman from Illinois (Mr. Hyde), the 
chairman, for expediting the consideration of this important 
legislation.
  Mr. Speaker, the Zimbabwe Democracy and Economic Recovery Act of 2001 
is designed to support the people of Zimbabwe, and provides a clear 
strategy for the United States and Zimbabwe to reengage in normal 
political and economic activity. This is an incentives bill, not a 
sanctions bill, Mr. Speaker.
  Our legislation provides that the United States will initiate a plan 
to promote Zimbabwe's economic recovery, but only after certain 
political conditions will have been met. These conditions include 
restoring the rule of law, ensuring a positive pre-election 
environment, pursuing equitable legal and transparent land reform, and 
ensuring civilian control of both the military and the police.
  The House is acting on this legislation today because, unfortunately, 
the situation in Zimbabwe is increasingly grim. Partisan political 
violence condoned and encouraged by Mugabe has crippled a once 
prosperous economy. Once an exporter of maize, Zimbabwe is set to run 
out by February of this coming year. Without emergency humanitarian 
assistance, thousands of Zimbabweans will go hungry, fall prey to 
disease, and starve.
  Mugabe has made the so-called land question central to his political 
campaign and used it to justify pervasive violence. He has unleashed 
so-called war veterans and party militants on black farm workers, white 
farmers, journalists, professionals, academics, and indeed, anyone who 
opposes his land seizure policy.
  His policy has not unified the country behind him. To the contrary, 
according to the most recent opinion poll, his criminal practice is 
turning the people of Zimbabwe against him.
  Mr. Speaker, Zimbabwe's economic and political disaster threatens the 
whole of southern Africa. The Presidents of Africa's three largest 
economies, South Africa, Nigeria, and Algeria, recently launched a new 
Partnership for Africa's Development. This plan calls for a new 
relationship between Africa and the international community; and it is 
premised on the African states making commitments to good government, 
democracy, and human rights. Zimbabwe, under Mugabe, is the antithesis 
of this vision.
  Mr. Speaker, our bill provides a set of incentives for Mugabe and his 
government to move in the right direction, away from intimidation, 
violence, corruption, and Draconian economic policies towards land 
reform that reflects the rule of law, policies that restore an 
independent judiciary, allow political competition, and support a free 
and independent media.
  Mr. Speaker, I urge all of our colleagues to vote for this bill. It 
will send a strong signal to Mugabe that the people of America reject 
the violent situation he has created and that we support the people of 
Zimbabwe.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ROYCE. Mr. Speaker, I yield 3 minutes to the gentleman from 
Arizona (Mr. Flake).
  Mr. FLAKE. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  I want to thank the Committee on International Relations, and 
particularly the gentleman from California (Mr. Royce), for bringing 
this issue to the fore, Mr. Speaker, and for fighting for its adoption. 
I want to applaud the committee for improving the document as it went 
forward into a bill that we can all support.
  Mr. Speaker, I had the great privilege in the early 1980s of spending 
time in Zimbabwe just soon after the transition to independence. There 
was great hope at that point. The people had hoped that the rule of law 
and democracy would flourish and take hold.
  Twenty years later, that has not been the case. We have a brutal 
dictator there who simply does not want to give up power. He does not 
want to assent to the rule and to the will of the people.
  That is unfortunate. With this legislation we hope, and the purpose 
of it is, to help those forces in Zimbabwe who want to bring back 
democracy and the rule of law.
  Mr. Speaker, I want to caution my colleagues, all of us, to avoid the 
kind of drive-by diplomacy that often characterizes our action in 
Africa and other third world countries, when we will pay attention when 
the issue is hot; and then after a successor regime comes in, we forget 
about the country and move on, sometimes leaving sanctions in place or 
other items that the successor regime has to work out of.
  I hope we do not do that. I am pleased that this bill is not a 
sanction bill; that it seeks to target individuals, rather than target 
trade in general.
  Mr. Speaker, I look forward one day soon to saying to the people of 
Zimbabwe, coda ko tu, which means in Shona, congratulations; 
congratulations on a return to free and fair elections and on their 
return to the rule of law.
  Mr. LANTOS. Mr. Speaker, I am delighted to yield such time as he may 
consume to our distinguished colleague, the gentleman from New Jersey

[[Page 23820]]

(Mr. Payne), who probably has more experience in this part of the world 
than any of us, and has been a leader on this issue.
  Mr. PAYNE. I thank the gentleman for yielding time to me, Mr. 
Speaker.
  Let me once again commend the gentleman from California (Mr. Royce), 
the chairman of the subcommittee, and the gentleman from Illinois (Mr. 
Hyde), who brought this before the full committee, and as I indicated, 
the leadership of the gentleman from California (Mr. Lantos) on 
Committee on International Relations, on which he has served for so 
many years.
  Mr. Speaker, Zimbabwe is one of the most important countries in 
Africa. Many of us remember the people of Zimbabwe's courageous 
struggle for independence that took many years of fighting with Mr. 
Nkomo and Mr. Mugabe and others.
  As I recently said in a letter to President Mugabe, indeed, post-
independence Zimbabwe clearly demonstrates much of the best of Africa 
and what Africans are capable of doing, despite decades of repressive 
white rule, as we saw in Rhodesia, by Ian Smith's government.
  After independence, white Zimbabweans were embraced, not chased out 
of the country, nor mistreated, as many cynics predicted would happen. 
Human rights were largely respected and the rule of law prevailed 
across the country.
  Mr. Speaker, Zimbabwe has long been a model country with a stable 
government, a good educational system, and a modern economy. But in 
recent years, conditions have gone from bad to worse, in large part due 
to poor leadership. The economy is in shambles, human rights abuses are 
extensive, and there seems to be little respect for the rule of law. 
The once vibrant independent press is under intense pressure, and the 
independence of the judiciary has been compromised due to intrusive 
government actions.
  The United States is not the only government concerned about the 
deteriorating situation in Zimbabwe. According to an article in today's 
New York Times, several neighboring countries, including South Africa 
and Botswana, have expressed their frustrations with the government of 
Zimbabwe's obstructionist behavior.
  The Zimbabwe Democracy and Economic Recovery Act is a small effort on 
our part to help bring much needed stability to Zimbabwe. Why this 
legislation now and why Zimbabwe? Simple: Zimbabwe is too important to 
ignore, and the legislation offers a credible policy option to deal 
with the challenges that face Zimbabwe today.
  Unfortunately, the situation in Zimbabwe is deteriorating by the day. 
Dozens of people have been killed, the rule of law is nonexistent, and 
authoritarian tendencies have reached a very dangerous level.
  I strongly believe it is in our interests and in the interests of 
Zimbabwe and Africa not to allow another African country to go down 
this way.

                              {time}  1515

  Instability in Zimbabwe threatens the entire sub-region of southern 
Africa. We cannot afford to have another Somalia in southern Africa.
  Mr. Speaker, some people have deliberately portrayed this legislation 
as punitive, and sanction legislation. They are dead wrong. What are 
the key objectives? Simply put, Zimbabwe Democracy and Economic 
Recovery Act has three key objectives. One, a just and equitable land 
reform, consistent with the rule of law. Two, a conducive environment 
for free and fair elections. And, three, the respect for human rights 
and the rule of law.
  Mr. Speaker, if the above conditions are met by the Government of 
Zimbabwe, the legislation, one, authorizes $20 million for land reform, 
and an additional $6 million to promote democracy. Two, it will assist 
in debt relief. Three, it will support lifting of restrictions by the 
IMF and the World Bank. Fourth, we would urge our country to have AGOA, 
the Africa Growth and Opportunity Act, introduced in Zimbabwe.
  So this is a bill to say let us have transparent elections. Let us 
allow the rule of law. Let us let the independent parties have their 
platform told. And by doing that we will embrace and we will move 
Zimbabwe back.
  Mr. Speaker, this is a good bill that will go a long way in 
strengthening our ties with the people of Zimbabwe who truly deserve 
our support. We must be steadfast in our commitment to the people of 
Zimbabwe. We should not and must not turn a blind eye to abuses in 
Zimbabwe, and therefore I urge all of my colleagues to support this 
legislation.
  Mr. ROYCE. Mr. Speaker, I yield 3 minutes to the gentleman from 
Louisiana (Mr. Cooksey).
  Mr. COOKSEY. Mr. Speaker, I would like to echo the remarks of my 
friend, the gentleman from New Jersey (Mr. Payne). I feel that he knows 
more and has done more than probably most anyone else in this body for 
the people of Africa. He has been there many times. He knows it well 
and he has worked hard.
  The chairman of the subcommittee, the gentleman from California (Mr. 
Royce) has worked equally hard and, I feel, been equally effective.
  What does this bill call for? This bill calls for support of 
democratic institutions. It calls for a free press and independent 
media. And yes, it calls for the rule of law, including private 
property rights. These seem like simple expectations, but yet they 
would be major, major advances for the people of Zimbabwe.
  What does this bill offer? What does it threaten? First, there are no 
sanctions involved. There is the offer of debt relief and there is the 
offer of aid for land reform if the people of Zimbabwe, if the 
Government of Zimbabwe is able to carry out these changes.
  Land reform seems to be the major issue. I appreciate those calling 
for land reform and I agree that land reform is the key to Zimbabwe's 
future. But why has land reform not worked in Zimbabwe? Basically 
Mugabe has essentially stolen the money that he had that had been given 
to this country to carry out land reform. He distributes the land that 
has already been purchased, purchased with international money in many 
cases, a major portion of it from the U.K., and there were countries 
lined up in 1998 to give a major amount of money to this country. But 
Zimbabwe under the leadership of Mugabe has given this land, the money, 
to his political cronies, to the fat cats, to the generals, to his 
political supporters. He distributes the land that has already been 
purchased to his allies and not to the people of Zimbabwe who need it. 
Even Mugabe's fellow African leaders recognize that Mugabe's policies 
are the reason that land reform has not worked.
  Mugabe was an important leader but he stayed too long. He now cares 
solely for his own power, not for the welfare of his people. But he is 
resorting to violence to hold onto his own power. The time for such 
dictators has passed.
  There are neighboring countries, Botswana, South Africa, Malawi, all 
of whom have democratic institutions, free press and the rule of law.
  Mr. LANTOS. Mr. Speaker, I yield back the balance of my time.
  Mr. ROYCE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, in closing, what a depressing contrast between 
Zimbabwe's Robert Mugabe and South Africa's Nelson Mandela. President 
Mandela prized democracy. He prized the rule of law. He stepped down 
from power when people were telling him he was a king. He brought races 
together. And we contrast that with the situation where President 
Mugabe threatens his political opponents with death.
  What we have in Zimbabwe is a man who sends his operatives to 
terrorize teachers, to terrorize teachers because they are the poll 
guards basically, they are the individuals who do the monitoring of the 
elections; to terrorize the doctors, and to terrorize others working 
for a better future.
  A recent Zimbabwe Catholic Bishops' Conference Pastoral letter noted, 
``Violence, intimidation, and threats are the tools of failed 
politicians.'' They are the dastardly tools of the men now ruling 
Zimbabwe.
  The political opposition in Zimbabwe deserves credit for remaining 
peaceful

[[Page 23821]]

in the face of violence. For years now, its members have been beaten, 
they have been tortured, they have been killed; and they have resisted 
going on an offensive throughout this. Their discipline will be further 
tested in the coming months as the Mugabe regime provokes unrest to 
legitimize canceling the elections.
  I hope that the political opposition remain steadfastly committed to 
nonviolence. I have great confidence in the brave Zimbabweans who are 
struggling against tyranny so that their country can begin to reach its 
potential.
  The legislation we are considering today lays a foundation for the 
U.S. to contribute to that future, and I ask that my colleagues support 
Senate bill 494.
  Mr. BEREUTER. Mr. Speaker, this Member rises in strong support of S. 
494, the Zimbabwe Democracy and Economic Recovery Act of 2001. This 
Member would like to thank the Chairman of the House International 
Relations Committee, the distinguished gentleman from Illinois (Mr. 
Hyde), for bringing this measure to the Floor expeditiously after the 
Committee's consideration of it. In addition, this Member would like to 
thank the Chairman of the House Financial Services Committee, the 
distinguished gentleman from Ohio (Mr. Oxley) for his supportive role 
in this legislation. This Member also appreciates the Chairman of the 
International Relations Subcommittee on Africa, the distinguished 
gentleman from California (Mr. Royce), for his longstanding dedication 
to following U.S. foreign policy toward Africa. Indeed, there are few 
Members in this Body who can have so convincingly outlined the horrific 
atrocities which Zimbabwe's President Robert Mugabe has committed 
against the people of Zimbabwe.
  The Zimbabwe Democracy and Economic Recovery Act of 2001 sets up a 
Presidential certification process for Zimbabwe which is contingent 
upon the following: restoration of the rule of law; certain electoral 
and land ownership reforms; fulfillment of agreement ending war in the 
Democratic Republic of Congo; and military and national police 
subordination to the civilian government in Zimbabwe. Until this 
Presidential certification is made, and except as may be required to 
meet basic human needs or for good governance, this legislation would 
require the Secretary of the Treasury to instruct the United States 
Executive Director to each international financial institution (IFI) to 
oppose and vote against both of the following: (1) any extension by the 
respective institution of any loan, credit, or guarantee to the 
Government of Zimbabwe; or (2) any cancellation or reduction of 
indebtedness owed by the Government of Zimbabwe to the United States or 
any international financial institution. This Member is pleased that it 
is currently the Administration's policy for U.S. representatives to 
the IFIs to oppose and vote against loans and debt restructuring for 
Zimbabwe.
  It is important to note that, in September 1999, the International 
Monetary Fund suspended its ``Stand By Arrangement,'' which had been 
approved the prior month, for economic adjustment and reform in 
Zimbabwe. In addition, the International Development Association, which 
is the concessional window of the World Bank, suspended all structural 
adjustment loans, credits, and guarantee to the Government of Zimbabwe 
in October of 1999.
  Furthermore, during the International Relations Committee's 
consideration of S. 494, this Member offered an amendment which struck 
from the legislation a provision which would have created a Southern 
Africa Finance Center to be located in Zimbabwe. The center was to have 
included regional offices for the Overseas Private Investment 
Corporation (OPIC), the Export-Import Bank (Ex-Im), and the Trade and 
Development Agency (TDA).
  While it is important for the U.S. to offer incentives to Zimbabwe to 
encourage political and economic reform, it is critical that those 
carrots be appropriate for the conditions. Even with significant 
changes in Zimbabwe's political climate, the country simply will not 
have the infrastructure in the near future to support such a center for 
the entire region. Additionally, this center would be a completely new 
endeavor for two of the U.S. agencies--namely OPIC and the Ex-Im Bank--
neither of which currently have offices outside of the U.S.
  However, that is not to say that the agencies cannot or should not 
play a critical role in stabilizing the region's economic health. 
Indeed, this Member would like to commend the Ex-Im Bank for developing 
a Sub-Saharan Africa Advisory Committee which has facilitated a 
dramatic increase in Ex-Im's investment in Africa. As the Chairman of 
the House Financial Services Subcommittee on International Monetary 
Policy and Trade, this Member introduced H.R. 2871, the Export-Import 
Bank Reauthorization Act of 2001, which, among other things, would 
reauthorize this Sub-Saharan Africa Advisory Committee for four years 
until FY2005. This legislation, which passed the House Financial 
Services Committee on October 31, 2001, would also create an Office on 
Africa to further enhance the Ex-Im Bank's emphasis on Africa.
  Additionally, this Member is very pleased that in lieu of the 
Southern Africa Finance Center originally included in S. 494, the Bush 
administration has announced the creation of an Africa Regional Trade 
and Development Office which will be located in Johannesburg, South 
Africa, and will serve all of Sub-Saharan Africa. This announcement was 
made after the Senate considered and passed S. 494.
  Through this office, the TDA, which will serve as the lead agency at 
the center, can more closely coordinate its trade development and 
promotion activities in the region with local governments and with U.S. 
representatives already on the ground. Perhaps some day Zimbabwe might 
serve as an appropriate location for a branch office of the Africa 
Regional Trade and Development Office. Until then, the Administration's 
proposal appears to be the most viable option to provide Sub-Saharan 
Africa with the access to economic development and trade promotion 
tools which the region desperately needs to build economic stability.
  Mr. Speaker, this Member encourages his colleagues to vote for S. 
494.
  Mr. RANGEL. Mr. Speaker, I rise today in support of important 
legislation, S. 494, the Zimbabwe Democracy and Recovery Act. First and 
foremost, I want to thank Mr. Royce and Mr. Payne, for bringing this 
important piece of legislation to the floor. Unlike previous bills that 
sought to penalize the people of Zimbabwe, this bill offers incentives 
to help guide their nation on a path of political and economic reform 
with United States assistance.
  I have watched the Zimbabwe crisis unfold over the past several years 
and am deeply concerned about the increasing repression and violence 
which has created deepening concern over the manner in which the 
upcoming elections will be conducted. Our hope in the Congress is that 
Zimbabwe will become a model for other democracies around the world by 
ensuring that the upcoming elections are executed in a free and fair 
manner which assures full participation by all its citizens and 
manifests the will of the people.
  The challenges that the nation of Zimbabwe faces are great. Zimbabwe 
is plagued with a horrific economic crisis that is characterized by 
extreme poverty, food shortages, and widespread loss of jobs and 
negative economic growth. These problems must be seriously addressed 
and dealt with in this nation's recovery efforts, but they cannot be 
unless political stability is achieved.
  It is of the utmost importance that stability and economic viability 
are restored to the people of Zimbabwe. I believe that this bill, the 
Zimbabwe Democracy and Recovery Act of 2001, is the first step in 
achieving this end goal. Through the passage of this bill, not only 
will Zimbabwe benefit, but the entire southern region of Africa that 
has been impacted by this crisis will also stand to benefit from the 
passage of this legislation.
  The Zimbabwe Democracy and Recovery Act of 2001 provides that when 
imperative political conditions are met, such as, restoring the rule of 
law, conducting fair political elections, and providing for equitable 
and legal land reform, that the U.S. will initiate an economic recovery 
policy. It also provides financial incentives, which include bilateral 
debt relief and U.S. support for similar action with the International 
Financial Institutions.
  This bill offers an opportunity for the U.S. and Zimbabwe to re-
engage on the road to democracy and economic recovery. It recognizes 
the need for land reform and for the first time provides tangible U.S. 
support for its achievement. It authorizes $20m for land reform efforts 
and $6m for democracy and governance.
  This piece of legislation is very important to the friends of Africa 
who are dedicated to stopping civil conflict which impedes development 
and who continue to work on increasing trade opportunities and 
promoting economic growth for African nations.
  I stand today in support of this bill and urge all of my colleagues 
to also show their support for a democratic and prosperous future in 
Zimbabwe and the southern region of Africa.
  Mr. GILMAN. Mr. Speaker, I rise to voice my support for S. 494, which 
declares that it is U.S. policy to support the Zimbabwean people in 
their struggles to effect peaceful, democratic change, achieve broad-
based and equitable economic growth, and to restore the rule of law to 
that troubled country. Furthermore, I

[[Page 23822]]

fully support the bill's authorization of additional funding to non-
governmental organizations working with the people of Zimbabwe to 
promote good governance and the rule of law.
  Today, Zimbabwe continues to face difficult social, economic and 
political problems. The goal of U.S. policy toward Zimbabwe must be to 
assist its development into a stable, free-market democracy, both as a 
goal in itself and as a bulwark against regional instability and 
conflict. However, this cannot be achieved until the government of 
Zimbabwe undertakes comprehensive reforms to enfranchise its people 
politically and economically.
  The essential foundations of freedom and democracy are free and fair 
elections, a free and open press, and the development of democratic 
institutions based on the rule of law. However, all evidence points to 
the conclusion that these institutions do not currently exist in 
Zimbabwe, and that respect for the rule of law is seriously lacking. I 
regret that a sense of Congress is necessary to express our view that 
sanctions must be necessary to bring about the necessary reforms and 
democracy to Zimbabwe. Let me be clear: our goal is not to harm the 
people of Zimbabwe but rather to send a clear signal to its government 
that an expeditious transition to democracy is imperative. The people 
of Zimbabwe have waited much too long and endured far too many 
hardships, and clearly deserve better.
  I also want to voice my concern with regards to Libya's attempts to 
establish military ties with the government of Zimbabwe. I hope that 
the Zimbabwe government sees its future in an alignment with Western 
democracies and not with state-sponsors of terrorism such as Libya.
  We truly hope the government of Zimbabwe takes advantage of the 
opportunities presented by this legislation, and will seek to build 
better relations with the United States. Should the government of 
Zimbabwe choose to improve its democratic record, and establish good 
governance and the rule of law, its success will serve as a model for 
other countries in the region.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of this 
legislation, which renews our commitment to the stabilization of the 
Zimbabwean democracy and reaffirms our commitment to the establishment 
of democratic principles throughout the African sub-continent.
  This legislation sends a strong message to the rest of the world 
regarding our intentions toward Zimbabwe with its opening language: 
``It is the policy of the United States to support the people of 
Zimbabwe in their struggle to effect peaceful, democratic change, 
achieve broad-based and equitable economic growth, and restore the rule 
of law.''
  The need for such a forthright statement from this nation has been 
pressing for some time. International news agencies have chronicled the 
decent into political anarchy within Zimbabwe over the last year, as 
armed bands of ``veterans'' attacked homesteads and other economic and 
farming interests with the support of the Mugabe regime. These 
interests claim an unfair distribution of resources in the nation, and 
highlight the need for positive action by the United States.
  Mr. Speaker, Zimbabwe is a nation of many needs. HIV/AIDS is ravaging 
the population at a rate of 25%, and the current average life 
expectancy of her citizens is only 37 years. The nation had a 
protracted role in the war in the Democratic Republic of Congo, and 
this action and other budgetary mismanagement issues have resulted in 
Zimbabwe being ineligible for IMF and International Bank for 
Reconstruction and Development programs, further stressing the people 
of this nation.
  Mr. Speaker, this legislation allows the U.S. to acknowledge both the 
dire economic and social needs of the Zimbabweans while seeking a 
positive resolution of the political crisis that animates this 
struggle. This legislation directs the U.S. government to restructure 
or forgive loans contributing to the sovereign debt of Zimbabwe by any 
agency of the U.S. government. This act also creates a Southern Africa 
Finance Center to be located within Zimbabwe that will coordinate the 
regional offices of OPIC, Eximbank, and TDA in order to help with the 
economic stabilization of Zimbabwe.
  Thus, Mr. Speaker, Congress has provided good incentives for the 
political leaders in Zimbabwe to work towards reestablishing the rule 
of law for their people. These benefits will only accrue to Zimbabwe if 
the President certifies that the rule of law and respect for ownership, 
property, and freedom of speech has been restored; that the next 
Zimbabwean election is a free and fair contest; that transparent land 
reform procedures are enacted; that Zimbabwe contributes a good faith 
effort to the Lusaka Accords ending the war in the Democratic Republic 
of Congo; and that the military and national police in the nation are 
``responsible to and serve the elected civilian government. These 
requirements can be waived, however, if the President deems it in the 
national interest to do so.
  Fulfillment of these requirements will be a hard task, and thus this 
legislation includes monies for the land reform and democracy and 
governance programs in Zimbabwe.
  Mr. Speaker, in these times of global uncertainty, the ever present 
goal of the U.S. is the widespread development of democratic principle 
that place the benefits of good governance in the hands of citizens and 
not politicians. This legislation demonstrates to the rest of the world 
that we stand for the principles of freedom and democracy above all.
  Mr. ROYCE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion 
offered by the gentleman from California (Mr. Royce) that the House 
suspend the rules and pass the Senate bill, S. 494, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LANTOS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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