[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 74 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. J. RES. 74
Expressing the sense of the Senate regarding the Government of Malawi's
arrest of opponents and suppression of freedoms, and conditioning
assistance for Malawi.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 26 (legislative day, March 3), 1993
Mr. Kennedy (for himself, Mrs. Kassebaum, Mr. Simon, and Mr. Specter)
introduced the following joint resolution; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
JOINT RESOLUTION
Expressing the sense of the Senate regarding the Government of Malawi's
arrest of opponents and suppression of freedoms, and conditioning
assistance for Malawi.
Whereas a one-party state under the control of a few has maintained absolute
control of all aspects of life in Malawi for many years;
Whereas active prodemocracy forces have emerged in Malawi as other countries
move to embrace democratic change;
Whereas on March 8, 1992, the Bishops of Malawi issued a pastoral letter
condemning the social, economic and political conditions in Malawi,
thereby further encouraging peaceful demonstrations and strikes against
the Government and reenforcing the emerging efforts of prodemocracy
leaders;
Whereas the United States and other donors acted in May 1992 to restrict foreign
assistance to Malawi in light of the extensive repression by the
Government, and such aid remains suspended today;
Whereas as opposition to the Government has grown, the Government has responded
brutally to dissent and has arrested its opponents;
Whereas one of the leading opponents, Chakufwa Chihana, was arrested on April 6,
1992, for publicly calling for peaceful and democratic change, and has
been sentenced to two and a half years of hard labor;
Whereas another prominent government opponent, Orton Chirwa, died in prison on
October 20, 1992, at the age of seventy-three after eleven years of
incarceration with hard labor, and his wife, Vera, was released only on
January 24, 1993, after having served eleven years in jail herself;
Whereas Malawian President for Life H. Kamuzu Banda agreed to schedule a
referendum on his one-party rule for June 14, 1993, only after intense
international criticism and pressure; and
Whereas the Government of Malawi continues to jail opposition candidates and
restrict opposition campaigning and freedoms, and has even jailed
Malawian exiles who return to participate in the referendum, including
the arrests of Edmond Jika and Gabriel Nkunika on February 24, 1993:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) the Congress--
(1) strongly condemns the Malawian Government's continued
incarceration and harassment of dissidents; the restriction on
freedoms of speech, press and assembly; and the repeated,
short-term arrests of opposition leaders in order to impede
their prodemocracy efforts,
(2) further condemns all efforts by the Malawian Government
to limit the ability of political parties and popular
organizations to campaign in relation to the upcoming
referendum,
(3) strongly urges the Government of Malawi to consider the
recommendations of the United Nations Technical Team on the
Conduct of a Free and Fair Referendum on the Issue of a One
Party/Multiparty System in Malawi,
(4) calls upon the Government of Malawi to release
immediately all political prisoners, including Chakufwa
Chihana, and demands that the Government immediately cease
arresting opponents for the peaceful expression of their views,
(5) commends the actions of the United States and the
United Nations in support of democratic change in Malawi and
the freedom of expression and human rights and encourages the
President and the Secretary of State to work closely with other
governments to these ends, and
(6) calls upon the President and the Secretary of State to
ensure that the United States development assistance program
bears relation to the Government of Malawi's progress toward an
open political system and respect for human rights and to work
to ensure that the assistance of other governments and
multilateral institutions is directed toward these same goals.
(b)(1) Conditions for the Resumption of Assistance.--Assistance to
the Government of Malawi (including deliveries of assistance previously
obligated) shall be resumed only if the President determines and
reports to the appropriate congressional committees that the Government
of Malawi has--
(A) released political detainees, including Chakufwa
Chihana, ended the prosecution of individuals for the
expression of their political beliefs, halted the use of
torture, stopped the unlawful short-term detention of
opponents, and granted amnesty to Malawian exiles wishing to
return home;
(B) established and respected fundamental freedoms,
including freedom of expression, assembly, the press, and the
ability to organize free and independent political parties and
labor organizations and a repeal of the ban on all
publications;
(C) permitted unimpeded the right to participate freely in
the selection of government, the creation of an independent and
impartial referendum commission, secrecy of all balloting,
equal access to the media to all parties, the granting of
permits for political meetings to opposition groups, the access
of international election monitors, and the establishment of a
fair system of voter registration;
(D) established effective institutions for the protection
of the above-described rights, including an independent
judiciary with the security of tenure for judges, public
accountability for police actions, the adoption of
internationally respected standards of due process in the
courts--including the so-called ``traditional'' courts--and
effective remedies for those tortured or mistreated.
(2) The President may waive such parts of the restrictions in this
subsection which are necessary to provide assistance to refugees
currently residing in Malawi.
(3) A determination under paragraph (1) shall not become effective
until fifteen days after it is reported to the appropriate
congressional committees.
(c) Definitions.--For purposes of this section, the term
``assistance'' means--
(1) assistance provided under chapter 4 of part II of the
Foreign Assistance Act of 1961 (relating to the economic
support fund);
(2) quick disbursing, nonproject assistance provided under
chapter 10 of title I of the Foreign Assistance Act of 1961
(relating to the Development Fund for Africa); and
(3) financing made available under the Arms Export Control
Act.
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