Hold on your horses folks!!
This bill has less than three days to make it to the full House, let alone to the Senate and become a bill. If it does not make it by Friday June 30, it will go to the dust bins as the Congressional year comes to an end.
Nonetheless, it is quite a run for the money and it is a big deal to get a House Resolution to pass a committee that has the name Ethiopia attached with.
If the bill expires on Friday before getting to the full House, It is back to the drawing board to start from scratch and try again next year.
Just for the heck of it, what really is the difference between HR4423 and the new HR5680?
Here is a note from Rep. Chris Smith's staffer Mr. Greg Simpkins.
Differences between H.R. 4423 and the New Ethiopia Bill (H.R. 5680)
• We added “Advancement” to the title of the bill.
• The Statement of Policy in Section 2 has been bolstered.
• Sections 3 and 4 have been revised to consolidate proposed programs.
• A number of technical corrections and policy changes were made to each section of the bill, including elements on “the handling of defendants through pre-trial and trial process”.
• We added a Judicial Monitoring provision and a Torture Victim Relief provision (tied to an existing program for such purposes) and the provision of legal assistance to political prisoners and prisoners of conscience “as well as those whose rights have otherwise been violated outside of prison.”
• The language on Limitations on Security Assistance, Travel Restrictions and the Presidential Waiver has been strengthened.
• The Certification section has been enhanced with more specific benchmarks on what is expected of the Government of Ethiopia to avoid sanctions.
Here is the new bill in its new form
-
A bit cryptic and hard to read the cut and paste from the PDF file. But for anyone with a will to get to the bottom of it, here it is.
****
H.L.C.
.....................................................................
(Original Signature of Member)
109TH CONGRESS
2D SESSION H. R.
To encourage and facilitate the consolidation of security, human rights,
democracy, and economic freedom in Ethiopia.
IN THE HOUSE OF REPRESENTATIVES
Mr. SMITH of New Jersey (for himself and Mr. PAYNE) introduced the following
bill; which was referred to the Committee on
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 Representa- 1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Ethiopia Freedom, De- 4
mocracy, and Human Rights Advancement Act of 2006’’. 5
SEC. 2. STATEMENT OF POLICY. 6
It is the policy of the United States to— 7
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H.L.C.
(1) support the advancement of human rights, 1
democracy, independence of the judiciary, freedom of 2
the press, peacekeeping capacity building, and eco- 3
nomic development in the Federal Democratic Re- 4
public of Ethiopia; 5
(2) collaborate with Ethiopia in the Global War 6
on Terror; 7
(3) seek the unconditional release of all political 8
prisoners and prisoners of conscience in Ethiopia; 9
(4) foster stability, democracy, and economic 10
development in the region; and 11
(5) strengthen United States-Ethiopian rela- 12
tions based on the policy objectives specified in para- 13
graphs (1) through (4). 14
SEC. 3. FINDINGS. 15
Congress finds the following: 16
(1) The people of Ethiopia have suffered for 17
decades due to military conflicts, natural disasters, 18
poverty and diseases, regional instability, and the 19
brutal dictatorship of the military junta under 20
Mengistu Haile Mariam. Hundreds of thousands of 21
civilians were brutally murdered by the Mengistu re- 22
gime, including women and children. Many more 23
sacrificed their lives fighting for freedom, respect for 24
human rights, and to bring an end to the brutal dic- 25
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H.L.C.
tatorship of the Mengistu regime. Members of that 1
murderous regime are currently living in Europe, the 2
United States, and Africa. 3
(2) In May 1991, the brutal dictatorship of the 4
Mengistu regime came to an abrupt end when the 5
Ethiopian People’s Revolutionary Democratic Front 6
(EPRDF) defeated the Mengistu army. In July 7
1991, the EPRDF and a coalition of other political 8
groups established a transitional government in 9
Ethiopia. A number of liberation movements joined 10
the transitional government in a spirit of a new start 11
and the building of a democratic Ethiopia. These 12
groups included the Oromo Liberation Front (OLF), 13
the Ogaden National Liberation Front (ONLF), and 14
many others. 15
(3) Since the ouster of the Mengistu regime in 16
1991, the EPRDF-led government instituted a 17
multiparty system and organized three regional and 18
national elections and a number of local elections. 19
The 1995 and 2000 elections were largely boycotted 20
and judged to be neither free nor fair. Some opposi- 21
tion groups participated in the 2000 elections, giving 22
such groups 12 seats in the 546-seat parliament. 23
(4) The May 2005 pre-election period and the 24
conduct of the elections in Ethiopia were seen by ob- 25
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H.L.C.
servers to be transparent, competitive, and relatively 1
free and fair, although there were a number of prob- 2
lems reported. More than 90 percent of registered 3
voters participated and dozens of political parties 4
took part in the elections. Moreover, some inter- 5
national groups observed the elections, unprece- 6
dented access to the mass media was given to the 7
opposition, and there were televised debates between 8
the government and the opposition. Some political 9
parties and armed political groups boycotted the 10
2005 elections. However, trained local groups were 11
barred from observing the elections. 12
(5) Despite apparent improvement in the elec- 13
toral process, preliminary election results announced 14
by the Government of Ethiopia shortly after the May 15
15, 2005, elections were seen by observers as ques- 16
tionable. The opposition accused the Government of 17
Ethiopia of stealing the elections and called for civil 18
disobedience, which resulted in the killing of dem- 19
onstrators and detention of opposition leaders and 20
thousands of their followers, including 11 elected 21
members of parliament and the elected mayor of 22
Addis Ababa. 23
(6) The Coalition for Unity and Democracy 24
(CUD), the United Ethiopian Democratic Forces 25
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(UEDF), and the ruling EPRDF reached an agree- 1
ment to resolve disputed election results peacefully 2
with the help of the National Electoral Board 3
(NEB). The NEB investigated more than 299 com- 4
plaints and later agreed to hold reruns in 31 con- 5
stituencies. In late August 2005, the NEB held re- 6
runs in the 31 constituencies as well as in all 23 7
constituencies in the Somali region, where elections 8
had been postponed due to insecurity. 9
(7) Election results show that opposition parties 10
won 170 seats in the national parliament, a signifi- 11
cant increase from the 12 seats they won in the last 12
elections. Opposition parties also won the city coun- 13
cil in Addis Ababa, giving them control over the cap- 14
ital. An estimated 150 of the 170 opposition mem- 15
bers of parliament have taken their seats. In early 16
May 2006, the Government of Ethiopia appointed a 17
caretaker government in the capital. Members of 18
parliament from the CUD walked out of parliament 19
in protest. The CUD won the city, but the des- 20
ignated mayor has been in detention since November 21
2005. 22
(8) Human rights conditions deteriorated sig- 23
nificantly after the May 15, 2005, elections in Ethi- 24
opia and overall human rights conditions in the 25
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6
H.L.C.
country remain poor. The Department of State, in 1
its 2005 Country Reports on Human Rights Prac- 2
tices, noted a myriad of human rights abuses by the 3
Government of Ethiopia. Moreover, journalists and 4
editors of the independent press have been and con- 5
tinue to face harassment and prosecution for alleged 6
violations of press laws in Ethiopia. Dozens of jour- 7
nalists have fled the country, and some are currently 8
in exile fearing prosecution or harassment. 9
(9) In June 2005, more than 35 demonstrators 10
were killed by Ethiopian Government security per- 11
sonnel and in November 2005 an estimated 53 peo- 12
ple were killed, including seven policemen, according 13
to Human Rights Watch and several other reports. 14
The violence against these victims occurred after 15
pro-opposition groups went to the streets of the cap- 16
ital to protest government actions in handling the 17
elections results of May 2005. Tens of thousands of 18
people suspected of being opposition supporters were 19
detained over the past months, although many of 20
these detainees were released. Nonetheless, govern- 21
ment security forces continue to abuse opposition 22
leaders, supporters, and family members. 23
(10) An estimated 112 political leaders, human 24
rights activists, community leaders, and journalists, 25
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H.L.C.
including the chairman of the CUD (Hailu Shawel), 1
the newly elected Mayor of Addis Ababa (Berhanu 2
Nega), and the founder of the Ethiopian Human 3
Rights Council (Professor Mesfin Wolde Mariam), 4
were imprisoned and charged with treason and geno- 5
cide. These measures were deliberately taken to sti- 6
fle and criminalize opposition party activity in the 7
country. The measures also were intended to intimi- 8
date and silence independent press and civil society, 9
raising serious question about the Ethiopian Govern- 10
ment’s commitment to democracy and good govern- 11
ance. 12
SEC. 4. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA. 13
The Secretary of State shall— 14
(1) establish a mechanism to provide financial 15
support to local and national human rights groups 16
and other relevant civil society organizations to help 17
strengthen human rights monitoring and regular re- 18
porting on human rights conditions in Ethiopia; 19
(2) establish a program to provide legal support 20
for political prisoners and prisoners of conscience 21
and to assist local groups or groups from outside 22
Ethiopia that are active in monitoring the status of 23
political prisoners and prisoners of conscience in 24
Ethiopia; 25
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H.L.C.
(3) seek to increase the independence of the 1
Ethiopian judiciary through facilitation of joint dis- 2
cussions for court personnel, officials from the Ethi- 3
opian Ministry of Justice, relevant members of the 4
legislature, and civil society representatives on inter- 5
national human rights standards; 6
(4) create and support a judicial monitoring 7
process, consisting of local and international groups, 8
to monitor judicial proceedings throughout Ethiopia, 9
with special focus on unwarranted government inter- 10
vention on strictly judicial matters, and to inves- 11
tigate and report on actions to strengthen an inde- 12
pendent judiciary; 13
(5) establish a program to strengthen private 14
media in Ethiopia, provide support for training pur- 15
poses, offer technical and other types of support as 16
necessary, and expand programming by the Voice of 17
America to Ethiopia; and 18
(6) establish a mechanism to identify and extra- 19
dite members of the Mengistu Haile Mariam regime 20
and the current government residing in the United 21
States who were engaged in gross human rights vio- 22
lations and work with other governments to identify 23
and extradite such persons, including Mengistu 24
Haile Mariam. 25
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H.L.C.
SEC. 5. SUPPORT FOR DEMOCRATIZATION IN ETHIOPIA. 1
(a) STRENGTHENING LOCAL, REGIONAL, AND NA- 2
TIONAL DEMOCRATIC PROCESSES.—The Secretary of 3
State shall— 4
(1) provide assistance to strengthen local, re- 5
gional, and national parliaments and governments in 6
Ethiopia through training in consultation with gov- 7
ernment authorities, political parties, and civil soci- 8
ety groups; 9
(2) establish a program focused on reconcili- 10
ation efforts between the Government of Ethiopia 11
and peaceful political and civil society groups, in- 12
cluding in minority communities, in preparation for 13
negotiation and for participation in the political 14
process; 15
(3) strengthen training for political parties in 16
Ethiopia in areas such as organization building and 17
campaign management; 18
(4) provide training for civil society groups in 19
election monitoring in Ethiopia; and 20
(5) facilitate ongoing communications between 21
the Government of Ethiopia through the National 22
Election Board (NEB) in order to address issues 23
such as delimitation of constituencies, voter registra- 24
tion, political party registration, candidate registra- 25
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H.L.C.
tion, and related matters to enhance the credibility 1
of the next elections in Ethiopia. 2
(b) DEMOCRACY ENHANCEMENT.— 3
(1) ASSISTANCE.—United States technical as- 4
sistance for democracy promotion in Ethiopia should 5
be made available to the ruling party as well as op- 6
position parties in Ethiopia. 7
(2) RESTRICTION.— 8
(A) IN GENERAL.—Nonessential United 9
States assistance shall not be made available to 10
the Government of Ethiopia if the Government 11
of Ethiopia acts to obstruct United States tech- 12
nical assistance to advance human rights, de- 13
mocracy, independence of the judiciary, freedom 14
of the press, economic development and eco- 15
nomic freedom in Ethiopia. 16
(B) DEFINITION.—In this paragraph, the 17
term ‘‘nonessential United States assistance’’ 18
means assistance under any provision of law, 19
other than humanitarian assistance, assistance 20
under emergency food programs, assistance to 21
combat HIV/AIDS, and other health care as- 22
sistance. 23
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H.L.C.
SEC. 6. ENSURING GOVERNMENT SUPPORT FOR HUMAN 1
RIGHTS, DEMOCRACY, AND ECONOMIC DE- 2
VELOPMENT IN ETHIOPIA. 3
(a) LIMITATION ON SECURITY ASSISTANCE; TRAVEL 4
RESTRICTIONS.— 5
(1) LIMITATION ON SECURITY ASSISTANCE.— 6
(A) IN GENERAL.—Except as provided in 7
subparagraph (B), security assistance shall not 8
be provided to Ethiopia until such time as the 9
certification described in paragraph (3) is made 10
in accordance with such paragraph. 11
(B) EXCEPTION.—Subparagraph (A) shall 12
not apply with respect to peacekeeping or 13
counter-terrorism assistance. Peacekeeping or 14
counter-terrorism assistance provided to Ethi- 15
opia shall not be used for any other security-re- 16
lated purpose or to provide training to security 17
personnel or units accused of human rights vio- 18
lations against civilians. 19
(2) TRAVEL RESTRICTIONS.—Beginning on the 20
date that is 60 days after the date of the enactment 21
of this Act and until such time as the certification 22
described in paragraph (3) is made in accordance 23
with such paragraph, the President shall deny a visa 24
and entry into the United States to— 25
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(A) any official of the Government of Ethi- 1
opia who— 2
(i) has been involved in giving orders 3
to use lethal force against peaceful dem- 4
onstrators in Ethiopia; or 5
(ii) has been accused of gross human 6
rights violations; 7
(B) security personnel of the Government 8
of Ethiopia who were involved in the June or 9
November 2005 shootings of demonstrators; 10
and 11
(C) Ethiopian civilians who were involved 12
in the November 2005 killings of seven police- 13
men in Ethiopia. 14
(3) CERTIFICATION.—The certification de- 15
scribed in this paragraph is a certification by the 16
President to Congress that the Government of Ethi- 17
opia is making credible, quantifiable efforts to en- 18
sure that— 19
(A) all political prisoners and prisoners of 20
conscience in Ethiopia have been released, their 21
civil and political rights restored, and their 22
property returned; 23
(B) prisoners held without charge or kept 24
in detention without fair trial in violation of the 25
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Constitution of Ethiopia are released or receive 1
a fair and speedy trial, and prisoners whose 2
charges have been dismissed or acquitted and 3
are still being held are released without delay; 4
(C) the Ethiopian judiciary is able to func- 5
tion independently and allowed to uphold the 6
Ethiopian Constitution and international 7
human rights standards; 8
(D) the investigation of the killing of civil- 9
ian protesters by Ethiopian security forces is 10
credible, transparent, and those involved in the 11
unlawful killing are punished; 12
(E) family members, legal counsel, and 13
others have unfettered access to visit detainees 14
in Ethiopian prisons; 15
(F) print and broadcast media in Ethiopia 16
are able to operate free from undue interference 17
and laws restricting media freedom, including 18
sections of the Ethiopian Federal Criminal 19
Code, are revised; 20
(G) licensing of independent radio and tel- 21
evision in Ethiopia is open and transparent; 22
(H) access in Ethiopia is provided to the 23
Internet and the ability of citizens to freely 24
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send and receive electronic mail and otherwise 1
obtain information is guaranteed; 2
(I) the National Election Board (NEB) in- 3
cludes representatives of political parties with 4
seats in the Ethiopian Parliament and guaran- 5
tees independence for the NEB in its decision- 6
making; 7
(J) representatives of international human 8
rights organizations engaged in human rights 9
monitoring work in Ethiopia are admitted to 10
Ethiopia without undue restriction; and 11
(K) Ethiopian human rights organizations 12
are able to operate in an environment free of 13
harassment, intimidation, and persecution. 14
(4) WAIVER.— 15
(A) IN GENERAL.—The President may 16
waive the application of paragraph (1) or (2) on 17
a case-by-case basis if the President determines 18
that— 19
(i) to the maximum extent practicable, 20
the Government of Ethiopia has met the 21
requirement of paragraph (3)(A); and 22
(ii) such a waiver is in the national in- 23
terests of the United States. 24
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(B) NOTIFICATION.—Prior to granting a 1
waiver under the authority of subparagraph 2
(A), the President shall transmit to Congress a 3
notification that includes the reasons for the 4
waiver. 5
(b) TREATMENT OF POLITICAL PRISONERS AND 6
PRISONERS OF CONSCIENCE.— 7
(1) IN GENERAL.—The President, the Secretary 8
of State, and other relevant officials of the Govern- 9
ment of the United States shall call upon the Gov- 10
ernment of Ethiopia to immediately release all polit- 11
ical prisoners and prisoners of conscience, especially 12
prisoners held without charge. 13
(2) TORTURE VICTIM RELIEF.—While it is the 14
responsibility of the Government of Ethiopia to com- 15
pensate the victims of unlawful imprisonment and 16
torture and their families for their suffering and 17
losses, the President shall provide assistance for the 18
rehabilitation of victims of torture in Ethiopia at 19
centers established for such purposes pursuant to 20
section 130 of the Foreign Assistance Act of 1961 21
(22 U.S.C. 2152). 22
(c) SENSE OF CONGRESS.—It is the sense of Con- 23
gress that the Government of the United States should— 24
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(1) encourage the Government of Ethiopia to 1
enter into discussions with the Oromo Liberation 2
Front to bring them into full participation in the po- 3
litical and economic affairs of Ethiopia, including 4
their legalization as a political party; and 5
(2) provide such assistance as is warranted and 6
necessary to help achieve the goal described in para- 7
graph (1). 8
SEC. 7. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHI- 9
OPIA. 10
(a) ECONOMIC POLICY ASSISTANCE.—Utilizing train- 11
ing and other technical assistance programs offered by the 12
Department of the Treasury, the Office of the United 13
States Trade Representative, and the Department of Jus- 14
tice, the President shall assist the Government of Ethiopia 15
in developing policies that will address key economic obsta- 16
cles, including in such areas as budgeting, taxation, debt 17
management, bank supervision, anti-money laundering, 18
and land title security that inhibit private sector develop- 19
ment and limit participation in donor programs such as 20
the United States Millennium Challenge Account. 21
(b) FINANCING FOR UNITED STATES–ETHIOPIAN 22
COMMERCIAL VENTURES.—Pursuant to the Government 23
of Ethiopia’s acceptance of the reforms in subsection (a), 24
the President shall make available adequate financing for 25
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H.L.C.
United States and Ethiopian private commercial ventures, 1
including programs of the United States Agency for Inter- 2
national Development, the Small Business Administration 3
(including, but not limited to, the Export Express and Ex- 4
port Working Capital programs), the Overseas Private In- 5
vestment Corporation (including, but not limited to, the 6
Small Business Center and the Small and Medium Enter- 7
prise and Structural Finance programs), and the Export- 8
Import Bank of the United States (including, but not lim- 9
ited to, the Short-Term Africa Pilot Program). 10
(c) RESOURCE POLICY ASSISTANCE.—The President, 11
acting through the Administrator of the United States 12
Agency for International Development, shall provide as- 13
sistance for sustainable development of Ethiopia’s Nile 14
and Awash River resources, including assistance to help 15
Ethiopia with the technology necessary for the construc- 16
tion of irrigation systems and hydroelectric power that 17
might prevent future famine. 18
SEC. 8. REPORT. 19
Not later than 180 days after the date of the enact- 20
ment of this Act, the President shall transmit to Congress 21
a report on the implementation of this Act, including a 22
description of a comprehensive plan to address the secu- 23
rity, human rights, democratization, and economic free- 24
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dom concerns that potentially threaten the stability of the 1
Federal Democratic Republic of Ethiopia. 2
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 3
(a) IN GENERAL.—There are authorized to be appro- 4
priated to carry out this Act $10,000,000 for each of the 5
fiscal years 2007 and 2008. 6
(b) AVAILABILITY.—Amounts appropriated pursuant 7
to the authorization of appropriations under subsection (a) 8
are authorized to remain available until expended. 9
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