[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2003 Referred in Senate (RFS)]
1st Session
H. R. 2003
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 3, 2007
Received; read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
AN ACT
To encourage and facilitate the consolidation of peace and security,
respect for 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 Democracy and
Accountability Act of 2007''.
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) seek the unconditional release of all political
prisoners and prisoners of conscience in Ethiopia;
(3) foster stability, democracy, and economic development
in the region;
(4) support humanitarian assistance efforts, especially in
the Ogaden region;
(5) collaborate with Ethiopia in the Global War on Terror;
and
(6) strengthen United States-Ethiopian relations based on
the policy objectives specified in paragraphs (1) through (5).
SEC. 3. SUPPORT FOR HUMAN RIGHTS IN ETHIOPIA.
The Secretary of State shall--
(1) 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) provide legal support, as needed, for political
prisoners and prisoners of conscience in Ethiopia and assist
local, national, and international groups that are active in
monitoring the status of political prisoners and prisoners of
conscience in Ethiopia;
(3) seek to promote and bolster the independence of the
Ethiopian judiciary through--
(A) facilitation of joint discussions between court
personnel, officials from the Ethiopian Ministry of
Justice, relevant members of the legislature, and civil
society representatives on international human rights
standards; and
(B) encouraging exchanges between Ethiopian and
United States jurists, law schools, law professors, and
law students, especially in legal fields such as
constitutional law, role of the judiciary, due process,
political and voting rights, criminal law and
procedure, and discrimination;
(4) establish a program, in consultation with Ethiopian
civil society, to provide for a judicial monitoring process,
consisting of indigenous organizations, international
organizations, or both, to monitor judicial proceedings
throughout Ethiopia, with special focus on unwarranted
government intervention on matters that are strictly judicial
in nature, and to report on actions needed to strengthen an
independent judiciary;
(5) establish a program, in consultation with Ethiopian
civil society, and provide support to other programs, to
strengthen independent media in Ethiopia, including training,
and technical support;
(6) expand the Voice of America's Ethiopia program;
(7) support efforts of the international community to gain
full and unfettered access to the Ogaden region for--
(A) humanitarian assistance organizations; and
(B) independent human rights experts; and
(8) work with appropriate departments and agencies of the
Government of the United States and appropriate officials of
foreign governments--
(A) to identify members of the Mengistu Haile
Mariam regime and officials of the current Government
of Ethiopia who were engaged in gross human rights
violations, including those individuals who may be
residing in the United States; and
(B) to support and encourage the prosecution of
individuals identified under subparagraph (A) in the
United States or Ethiopia.
SEC. 4. 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, as needed;
(2) establish a program focused on reconciliation efforts
between the Government of Ethiopia and political parties,
including in minority communities, in preparation for
negotiation and for participation in the political process; and
(3) provide training for civil society groups in election
monitoring in Ethiopia.
(b) Democracy Enhancement.--
(1) Assistance.--United States technical assistance for
democracy promotion in Ethiopia should be made available to all
political parties and civil society groups 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 authorized under any provision of law, other
than humanitarian assistance, food aid programs,
assistance to combat HIV/AIDS and other health care
assistance, peacekeeping assistance, and counter-
terrorism assistance.
SEC. 5. 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 assistance, counter-
terrorism assistance, or international military
education and training for civilian personnel under
section 541 of the Foreign Assistance Act of 1961
(commonly referred to as ``Expanded IMET'').
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 against whom there is credible
evidence of gross human rights abuses or violations.
(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--
(i) who has been involved in giving orders
to use lethal force against peaceful
demonstrators or police officers in Ethiopia;
or
(ii) against whom there is credible
evidence of gross human rights abuses or
violations;
(B) security personnel of the Government of
Ethiopia who were involved in the June or November 2005
shootings of demonstrators;
(C) security personnel responsible for murdering
Etenesh Yemam; and
(D) security personnel responsible for murdering
prisoners at Kaliti prison in the aftermath of the
election violence in 2005.
(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) security personnel involved in the unlawful
killings of demonstrators and others, including Etenesh
Yemam, and Kaliti prisoners are held accountable;
(E) family members, friends, legal counsel, medical
personnel, human rights advocates, and others have
access, consistent with international law, 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) Internet access is not restricted by the
government 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 the NEB functions
independently in its decision-making;
(J) representatives of international human rights
organizations engaged in human rights monitoring work,
humanitarian aid work, or investigations into human
rights abuses in Ethiopia are admitted to Ethiopia and
allowed to undertake their work in all regions of the
country 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 such a waiver is
in the national security 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--
(A) release any and all remaining political
prisoners and prisoners of conscience, especially
prisoners held without charge; and
(B) allow full and unfettered access to the Ogaden
region by humanitarian aid organizations and
international human rights investigators.
(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 opposition political groups interested in
reconciliation in order to bring such groups into full
participation in the political and economic affairs of
Ethiopia, including their legalization as political parties,
and provide such assistance as is warranted and necessary to
help achieve the goal described in this paragraph; and
(2) provide assistance to promote the privatization of
government owned or controlled industries and properties in
Ethiopia.
SEC. 6. SUPPORT FOR ECONOMIC DEVELOPMENT IN ETHIOPIA.
(a) Resource Policy Assistance.--The President, acting through the
Administrator of the United States Agency for International Development
and in cooperation with the World Bank and other donors, shall provide
assistance, as needed, 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.
(b) Health Care Assistance.--The President, acting through the
Administrator of the United States Agency for International
Development, shall provide material support to hospitals, clinics, and
health care centers in Ethiopia, especially hospitals, clinics, and
health care centers in rural areas.
SEC. 7. 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 issues of security, human rights, including in the
Ogaden region, democratization, and economic freedom that potentially
threaten the stability of Ethiopia.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $20,000,000 for each of the fiscal years 2008 and 2009.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
Passed the House of Representatives October 2, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.