[Congressional Record (Bound Edition), Volume 151 (2005), Part 9]
[Senate]
[Pages 12747-12748]
[From the U.S. Government Publishing Office, www.gpo.gov]


                CHARLES TAYLOR AND NIGERIAN DEBT RELIEF

  Mr. LEAHY. Mr. President, I want to call attention to an important, 
yet often overlooked, provision of law that governs the relationship of 
the United States with nations that harbor individuals who have been 
indicted by the Special Court for Sierra Leone or the International 
Criminal Tribunal for Rwanda. This provision, section 585 of the 
Foreign Operations Appropriations Act, which was signed into law by 
President Bush in January 2004 and reauthorized about a year later, 
makes it clear that the Unites States stands for the rule of law in 
Africa. This is not a partisan issue. Democrats and Republicans 
understand the importance of the rule of law, which is a cornerstone 
for peace, democracy, justice and development in Africa--and around the 
world. In fact, Senator Judd Gregg, a Republican from New Hampshire, 
co-authored this provision with me.
  I see my friend from Illinois, Senator Obama, on the floor and am 
wondering if he agrees.
  Mr. OBAMA. I agree with the senior Senator from Vermont about the 
importance of upholding the rule of law in Africa and around the world. 
I would also like to add my support for the efforts of the Special 
Court for Sierra Leone to bring to justice some of the worst war 
criminals of the 20th century. While the Special Court has not been 
perfect, there is no question that the Court is doing vitally important 
work of promoting peace and reconciliation, increasing accountability, 
and strengthening the rule of law throughout West Africa. I also want 
to discuss a related issue--the case of Charles Taylor. I know the 
Senator from Vermont has been working for years on this issue.
  I will simply say that Charles Taylor is an indicted war criminal, 
and he needs to be transferred to the Special Court to stand trial as 
soon as possible. The Government of Nigeria has allowed Charles Taylor 
to live in exile, within its borders, with the support of the 
international community, including the United States, since August 
2003.

[[Page 12748]]

While we owe Nigeria a debt of gratitude for helping prevent further 
bloodshed in Liberia, it is time for Mr. Taylor to be transferred to 
the Special Court.
  No nation should be permitted to willfully ignore an indictment 
issued by this tribunal. Moreover, there are credible reports that Mr. 
Taylor has broken the terms of his exile, is a threat to the Liberian 
peace process, and continues to meddle in the internal affairs of 
Liberia--just a few months before the Liberian elections.
  I wonder if the Senator from Vermont shares my views?
  Mr. LEAHY. I absolutely share the Senator's views of the situation. 
Charles Taylor's actions are a breach of his promises to Nigerian 
President Obasanjo. And, I believe that if Nigeria does not hand over 
Charles Taylor for trial, it could constitute a threat to Liberian 
peace, justice in Sierra Leone, and the rule of law throughout West 
Africa. This is why the provision of law that I mentioned earlier is so 
important. It is the law of the United States that there shall be no 
assistance to the central government--including debt relief--for 
countries harboring fugitives from the Special Court for Sierra Leone. 
There is strong bipartisan support in the U.S. Congress to reauthorize 
this provision in fiscal year 2006, which means that unless President 
Bush issues a waiver, Nigeria will not be eligible for U.S. debt relief 
or military assistance, or any other assistance to the central 
government, until it sends Charles Taylor to the Special Court for 
trial.
  I would point out that President Bush can exercise the waiver 
authority in the law by simply submitting a plan in writing on how the 
Administration will get Mr. Taylor to the Special Court to stand trial.
  Mr. President, it is not in the interests of the people of West 
Africa, including Nigeria, or the United States, to continue to shelter 
Charles Taylor from justice. As a strong supporter of debt relief, I 
believe there is a strong case to be made that Nigeria's debt should be 
forgiven--but not until President Obasanjo again demonstrates 
leadership and hands over Charles Taylor for trial. At that point, I 
will strongly support debt relief for Nigeria and actively lobby the 
administration and Congress to make it a reality.
  Mr. OBAMA. I thank the Senator from Vermont, the ranking member of 
the Appropriations Subcommittee on State, Foreign Operations, because 
he makes a crucial point. Debt relief from the United States is not 
automatic. In the past, debt relief has come with conditions, including 
making progress in fighting corruption and on economic reform, to 
ensure that this relief achieves the maximum results.
  For Nigeria, this means turning over Charles Taylor--an indicted war 
criminal who has the blood of thousands on his hands and threatens, 
once again, to destabilize the region--to the Special Court. Like the 
Senator from Vermont, I strongly believe that Nigeria is a worthy 
candidate for debt relief and a key U.S. partner in West Africa. When 
Charles Taylor is turned over, there is no doubt in my mind that I will 
be a forceful advocate for debt relief for Nigeria. I would also like 
to praise the Government of Nigeria for its leadership on other issues, 
especially their efforts to lead the African Union force in Darfur. I 
want nothing more than to see the Taylor issue successfully resolved so 
we can focus our attention on other important issues with the 
Nigerians.
  I would also reiterate what the Senator said about the waiver 
authority contained in section 585. The President can waive these 
restrictions, including those pertaining to Nigerian debt relief, by 
formulating a plan to get Mr. Taylor to the Court.
  Mr. LEAHY. I thank the Senator from Illinois and refer all Senators 
to section 585, entitled ``War Crimes in Africa,'' of Public Law 108-
447, the Foreign Operations Appropriations Act, 2005. I yield the 
floor.

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