[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Senate]
[Pages 7120-7121]
[From the U.S. 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 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

[[Page 7121]]

     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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