Ethiopia Freedom, Democracy, and Human Rights Advancement Act of 2006 - States that is U.S. policy to: (1) support human rights, democracy, independence of the judiciary, freedom of the press, peacekeeping capacity building, and economic development in the Federal Democratic Republic of Ethiopia; (2) collaborate with Ethiopia in the Global War on Terror; (3) seek the release of all political prisoners and prisoners of conscience in Ethiopia; (4) foster stability, democracy, and economic development in the region; and (5) strengthen U.S.-Ethiopian relations.
Directs the Secretary of State to take specified actions to support human rights and democratization in Ethiopia.
Prohibits until the President makes specified congressional certifications: (1) security assistance to Ethiopia, with exceptions for peacekeeping or counter-terrorism assistance; and (2) U.S. entry of any Ethiopian official involved in giving orders to use lethal force against peaceful demonstrators or accused of gross human rights violations, government security personnel involved in shootings of demonstrators, and Ethiopian civilians involved in killings of Ethiopian policemen.
Directs the President to provide assistance for the rehabilitation of Ethiopian torture victims.
Expresses the sense of Congress that the U.S. government should: (1) encourage the government of Ethiopia to enter into discussions with the Oromo Liberation Front to bring them into full participation in Ethiopia's political and economic affairs; and (2) provide necessary assistance to help achieve such goal.
Directs the President to provide Ethiopia with: (1) economic policy assistance; (2) financing for U.S.-Ethiopian commercial ventures; and (3) resource policy assistance.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5680 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5680
To encourage and facilitate the consolidation of security, human
rights, democracy, and economic freedom in Ethiopia.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2006
Mr. Smith of New Jersey (for himself, Mr. Payne, Mr. Wolf, Mr. Lantos,
Mr. Tancredo, Mr. Towns, Mr. Rangel, Mr. Leach, Mr. Rohrabacher, Mr.
Moran of Virginia, Mr. Chabot, Mr. Al Green of Texas, Mr. Sabo, Ms.
Loretta Sanchez of California, Mr. Scott of Virginia, Ms. Corrine Brown
of Florida, and Ms. McKinney) introduced the following bill; which was
referred to the Committee on International Relations
_______________________________________________________________________
A BILL
To encourage and facilitate the consolidation of security, human
rights, democracy, and economic freedom in Ethiopia.
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 ``Ethiopia Freedom, Democracy, and
Human Rights Advancement Act of 2006''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support the advancement of human rights, democracy,
independence of the judiciary, freedom of the press,
peacekeeping capacity building, and economic development in the
Federal Democratic Republic of Ethiopia;
(2) collaborate with Ethiopia in the Global War on Terror;
(3) seek the unconditional release of all political
prisoners and prisoners of conscience in Ethiopia;
(4) foster stability, democracy, and economic development
in the region; and
(5) strengthen United States-Ethiopian relations based on
the policy objectives specified in paragraphs (1) through (4).
SEC. 3. FINDINGS.
Congress finds the following:
(1) The people of Ethiopia have suffered for decades due to
military conflicts, natural disasters, poverty and diseases,
regional instability, and the brutal dictatorship of the
military junta under Mengistu Haile Mariam. Hundreds of
thousands of civilians were brutally murdered by the Mengistu
regime, including women and children. Many more sacrificed
their lives fighting for freedom, respect for human rights, and
to bring an end to the brutal dictatorship of the Mengistu
regime. Members of that murderous regime are currently living
in Europe, the United States, and Africa.
(2) In May 1991, the brutal dictatorship of the Mengistu
regime came to an abrupt end when the Ethiopian People's
Revolutionary Democratic Front (EPRDF) defeated the Mengistu
army. In July 1991, the EPRDF and a coalition of other
political groups established a transitional government in
Ethiopia. A number of liberation movements joined the
transitional government in a spirit of a new start and the
building of a democratic Ethiopia. These groups included the
Oromo Liberation Front (OLF), the Ogaden National Liberation
Front (ONLF), and many others.
(3) Since the ouster of the Mengistu regime in 1991, the
EPRDF-led government instituted a multiparty system and
organized three regional and national elections and a number of
local elections. The 1995 and 2000 elections were largely
boycotted and judged to be neither free nor fair. Some
opposition groups participated in the 2000 elections, giving
such groups 12 seats in the 546-seat parliament.
(4) The May 2005 pre-election period and the conduct of the
elections in Ethiopia were seen by observers to be transparent,
competitive, and relatively free and fair, although there were
a number of problems reported. More than 90 percent of
registered voters participated and dozens of political parties
took part in the elections. Moreover, some international groups
observed the elections, unprecedented access to the mass media
was given to the opposition, and there were televised debates
between the government and the opposition. Some political
parties and armed political groups boycotted the 2005
elections. However, trained local groups were barred from
observing the elections.
(5) Despite apparent improvement in the electoral process,
preliminary election results announced by the Government of
Ethiopia shortly after the May 15, 2005, elections were seen by
observers as questionable. The opposition accused the
Government of Ethiopia of stealing the elections and called for
civil disobedience, which resulted in the killing of
demonstrators and detention of opposition leaders and thousands
of their followers, including 11 elected members of parliament
and the elected mayor of Addis Ababa.
(6) The Coalition for Unity and Democracy (CUD), the United
Ethiopian Democratic Forces (UEDF), and the ruling EPRDF
reached an agreement to resolve disputed election results
peacefully with the help of the National Electoral Board (NEB).
The NEB investigated more than 299 complaints and later agreed
to hold reruns in 31 constituencies. In late August 2005, the
NEB held reruns in the 31 constituencies as well as in all 23
constituencies in the Somali region, where elections had been
postponed due to insecurity.
(7) Election results show that opposition parties won 170
seats in the national parliament, a significant increase from
the 12 seats they won in the last elections. Opposition parties
also won the city council in Addis Ababa, giving them control
over the capital. An estimated 150 of the 170 opposition
members of parliament have taken their seats. In early May
2006, the Government of Ethiopia appointed a caretaker
government in the capital. Members of parliament from the CUD
walked out of parliament in protest. The CUD won the city, but
the designated mayor has been in detention since November 2005.
(8) Human rights conditions deteriorated significantly
after the May 15, 2005, elections in Ethiopia and overall human
rights conditions in the country remain poor. The Department of
State, in its 2005 Country Reports on Human Rights Practices,
noted a myriad of human rights abuses by the Government of
Ethiopia. Moreover, journalists and editors of the independent
press have been and continue to face harassment and prosecution
for alleged violations of press laws in Ethiopia. Dozens of
journalists have fled the country, and some are currently in
exile fearing prosecution or harassment.
(9) In June 2005, more than 35 demonstrators were killed by
Ethiopian Government security personnel and in November 2005 an
estimated 53 people were killed, including seven policemen,
according to Human Rights Watch and several other reports. The
violence against these victims occurred after pro-opposition
groups went to the streets of the capital to protest government
actions in handling the elections results of May 2005. Tens of
thousands of people suspected of being opposition supporters
were detained over the past months, although many of these
detainees were released. Nonetheless, government security
forces continue to abuse opposition leaders, supporters, and
family members.
(10) An estimated 112 political leaders, human rights
activists, community leaders, and journalists, including the
chairman of the CUD (Hailu Shawel), the newly elected Mayor of
Addis Ababa (Berhanu Nega), and the founder of the Ethiopian
Human Rights Council (Professor Mesfin Wolde Mariam), were
imprisoned and charged with treason and genocide. These
measures were deliberately taken to stifle and criminalize
opposition party activity in the country. The measures also
were intended to intimidate and silence independent press and
civil society, raising serious question about the Ethiopian
Government's commitment to democracy and good governance.
SEC. 4. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA.
The Secretary of State shall--
(1) establish a mechanism to provide financial support to
local and national human rights groups and other relevant civil
society organizations to help strengthen human rights
monitoring and regular reporting on human rights conditions in
Ethiopia;
(2) establish a program to provide legal support for
political prisoners and prisoners of conscience and to assist
local groups or groups from outside Ethiopia that are active in
monitoring the status of political prisoners and prisoners of
conscience in Ethiopia;
(3) seek to increase the independence of the Ethiopian
judiciary through facilitation of joint discussions for court
personnel, officials from the Ethiopian Ministry of Justice,
relevant members of the legislature, and civil society
representatives on international human rights standards;
(4) create and support a judicial monitoring process,
consisting of local and international groups, to monitor
judicial proceedings throughout Ethiopia, with special focus on
unwarranted government intervention on strictly judicial
matters, and to investigate and report on actions to strengthen
an independent judiciary;
(5) establish a program to strengthen private media in
Ethiopia, provide support for training purposes, offer
technical and other types of support as necessary, and expand
programming by the Voice of America to Ethiopia; and
(6) establish a mechanism to identify and extradite members
of the Mengistu Haile Mariam regime and the current government
residing in the United States who were engaged in gross human
rights violations and work with other governments to identify
and extradite such persons, including Mengistu Haile Mariam.
SEC. 5. SUPPORT FOR DEMOCRATIZATION IN ETHIOPIA.
(a) Strengthening Local, Regional, and National Democratic
Processes.--The Secretary of State shall--
(1) provide assistance to strengthen local, regional, and
national parliaments and governments in Ethiopia through
training in consultation with government authorities, political
parties, and civil society groups;
(2) establish a program focused on reconciliation efforts
between the Government of Ethiopia and peaceful political and
civil society groups, including in minority communities, in
preparation for negotiation and for participation in the
political process;
(3) strengthen training for political parties in Ethiopia
in areas such as organization building and campaign management;
(4) provide training for civil society groups in election
monitoring in Ethiopia; and
(5) facilitate ongoing communications between the
Government of Ethiopia through the National Election Board
(NEB) in order to address issues such as delimitation of
constituencies, voter registration, political party
registration, candidate registration, and related matters to
enhance the credibility of the next elections in Ethiopia.
(b) Democracy Enhancement.--
(1) Assistance.--United States technical assistance for
democracy promotion in Ethiopia should be made available to the
ruling party as well as opposition parties in Ethiopia.
(2) Restriction.--
(A) In general.--Nonessential United States
assistance shall not be made available to the
Government of Ethiopia if the Government of Ethiopia
acts to obstruct United States technical assistance to
advance human rights, democracy, independence of the
judiciary, freedom of the press, economic development
and economic freedom in Ethiopia.
(B) Definition.--In this paragraph, the term
``nonessential United States assistance'' means
assistance under any provision of law, other than
humanitarian assistance, assistance under emergency
food programs, assistance to combat HIV/AIDS, and other
health care assistance.
SEC. 6. ENSURING GOVERNMENT SUPPORT FOR HUMAN RIGHTS, DEMOCRACY, AND
ECONOMIC DEVELOPMENT IN ETHIOPIA.
(a) Limitation on Security Assistance; Travel Restrictions.--
(1) Limitation on security assistance.--
(A) In general.--Except as provided in subparagraph
(B), security assistance shall not be provided to
Ethiopia until such time as the certification described
in paragraph (3) is made in accordance with such
paragraph.
(B) Exception.--Subparagraph (A) shall not apply
with respect to peacekeeping or counter-terrorism
assistance. Peacekeeping or counter-terrorism
assistance provided to Ethiopia shall not be used for
any other security-related purpose or to provide
training to security personnel or units accused of
human rights violations against civilians.
(2) Travel restrictions.--Beginning on the date that is 60
days after the date of the enactment of this Act and until such
time as the certification described in paragraph (3) is made in
accordance with such paragraph, the President shall deny a visa
and entry into the United States to--
(A) any official of the Government of Ethiopia
who--
(i) has been involved in giving orders to
use lethal force against peaceful demonstrators
in Ethiopia; or
(ii) has been accused of gross human rights
violations;
(B) security personnel of the Government of
Ethiopia who were involved in the June or November 2005
shootings of demonstrators; and
(C) Ethiopian civilians who were involved in the
November 2005 killings of seven policemen in Ethiopia.
(3) Certification.--The certification described in this
paragraph is a certification by the President to Congress that
the Government of Ethiopia is making credible, quantifiable
efforts to ensure that--
(A) all political prisoners and prisoners of
conscience in Ethiopia have been released, their civil
and political rights restored, and their property
returned;
(B) prisoners held without charge or kept in
detention without fair trial in violation of the
Constitution of Ethiopia are released or receive a fair
and speedy trial, and prisoners whose charges have been
dismissed or acquitted and are still being held are
released without delay;
(C) the Ethiopian judiciary is able to function
independently and allowed to uphold the Ethiopian
Constitution and international human rights standards;
(D) the investigation of the killing of civilian
protesters by Ethiopian security forces is credible,
transparent, and those involved in the unlawful killing
are punished;
(E) family members, legal counsel, and others have
unfettered access to visit detainees in Ethiopian
prisons;
(F) print and broadcast media in Ethiopia are able
to operate free from undue interference and laws
restricting media freedom, including sections of the
Ethiopian Federal Criminal Code, are revised;
(G) licensing of independent radio and television
in Ethiopia is open and transparent;
(H) access in Ethiopia is provided to the Internet
and the ability of citizens to freely send and receive
electronic mail and otherwise obtain information is
guaranteed;
(I) the National Election Board (NEB) includes
representatives of political parties with seats in the
Ethiopian Parliament and guarantees independence for
the NEB in its decision-making;
(J) representatives of international human rights
organizations engaged in human rights monitoring work
in Ethiopia are admitted to Ethiopia without undue
restriction; and
(K) Ethiopian human rights organizations are able
to operate in an environment free of harassment,
intimidation, and persecution.
(4) Waiver.--
(A) In general.--The President may waive the
application of paragraph (1) or (2) on a case-by-case
basis if the President determines that--
(i) to the maximum extent practicable, the
Government of Ethiopia has met the requirement
of paragraph (3)(A); and
(ii) such a waiver is in the national
interests of the United States.
(B) Notification.--Prior to granting a waiver under
the authority of subparagraph (A), the President shall
transmit to Congress a notification that includes the
reasons for the waiver.
(b) Treatment of Political Prisoners and Prisoners of Conscience.--
(1) In general.--The President, the Secretary of State, and
other relevant officials of the Government of the United States
shall call upon the Government of Ethiopia to immediately
release all political prisoners and prisoners of conscience,
especially prisoners held without charge.
(2) Torture victim relief.--While it is the responsibility
of the Government of Ethiopia to compensate the victims of
unlawful imprisonment and torture and their families for their
suffering and losses, the President shall provide assistance
for the rehabilitation of victims of torture in Ethiopia at
centers established for such purposes pursuant to section 130
of the Foreign Assistance Act of 1961 (22 U.S.C. 2152).
(c) Sense of Congress.--It is the sense of Congress that the
Government of the United States should--
(1) encourage the Government of Ethiopia to enter into
discussions with the Oromo Liberation Front to bring them into
full participation in the political and economic affairs of
Ethiopia, including their legalization as a political party;
and
(2) provide such assistance as is warranted and necessary
to help achieve the goal described in paragraph (1).
SEC. 7. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHIOPIA.
(a) Economic Policy Assistance.--Utilizing training and other
technical assistance programs offered by the Department of the
Treasury, the Office of the United States Trade Representative, and the
Department of Justice, the President shall assist the Government of
Ethiopia in developing policies that will address key economic
obstacles, including in such areas as budgeting, taxation, debt
management, bank supervision, anti-money laundering, and land title
security that inhibit private sector development and limit
participation in donor programs such as the United States Millennium
Challenge Account.
(b) Financing for United States-Ethiopian Commercial Ventures.--
Pursuant to the Government of Ethiopia's acceptance of the reforms in
subsection (a), the President shall make available adequate financing
for United States and Ethiopian private commercial ventures, including
programs of the United States Agency for International Development, the
Small Business Administration (including, but not limited to, the
Export Express and Export Working Capital programs), the Overseas
Private Investment Corporation (including, but not limited to, the
Small Business Center and the Small and Medium Enterprise and
Structural Finance programs), and the Export-Import Bank of the United
States (including, but not limited to, the Short-Term Africa Pilot
Program).
(c) Resource Policy Assistance.--The President, acting through the
Administrator of the United States Agency for International
Development, shall provide assistance for sustainable development of
Ethiopia's Nile and Awash River resources, including assistance to help
Ethiopia with the technology necessary for the construction of
irrigation systems and hydroelectric power that might prevent future
famine.
SEC. 8. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the President shall transmit to Congress a report on the
implementation of this Act, including a description of a comprehensive
plan to address the security, human rights, democratization, and
economic freedom concerns that potentially threaten the stability of
the Federal Democratic Republic of Ethiopia.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $10,000,000 for each of the fiscal years 2007 and 2008.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on International Relations.
Committee Consideration and Mark-up Session Held.
Committee Agreed to Seek Consideration Under Suspension of the Rules, by Unanimous Consent.
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