| Home > 106th Congressional Bills > S. 1453 (es) To facilitate famine relief efforts and a comprehensive solution to the war in Sudan. [Engrossed in Senate] ...
S. 1453 (es) To facilitate famine relief efforts and a comprehensive solution to the war in Sudan. [Engrossed in Senate] ...
In the House of Representatives, U. S., October 24, 2000. Resolved, That the bill from the Senate (S. 1453) entitled ``An Act to facilitate famine relief efforts and a comprehensive solution to the war in Sudan'', do pass with the following AMENDMENT: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE. This Act may be cited as the ``Sudan Peace Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) With clear indications that the Government of Sudan intends to intensify its prosecution of the war against areas outside of its control, which has already cost nearly 2,000,000 lives and has displaced more than 4,000,000, a sustained and coordinated international effort to pressure combatants to end hostilities and to address the roots of the conflict offers the best opportunity for a comprehensive solution to the continuing war in Sudan. (2) A viable, comprehensive, and internationally sponsored peace process, protected from manipulation, presents the best chance for a permanent resolution of the war, protection of human rights, and a self-sustaining Sudan. (3) Continued strengthening of humanitarian relief operations in Sudan is an essential element in the effort to bring an end to the war. (4) Continued leadership by the United States is critical. (5) Regardless of the future political status of the areas of Sudan outside of the control of the Government of Sudan, the absence of credible civil authority and institutions is a major impediment to achieving self-sustenance by the Sudanese people and to meaningful progress toward a viable peace process. (6) Through manipulation of traditional rivalries among peoples in areas outside their full control, the Government of Sudan has effectively used divide and conquer techniques to subjugate their population, and Congress finds that internationally sponsored reconciliation efforts have played a critical role in reducing the tactic's effectiveness and human suffering. (7) The Government of Sudan is increasingly utilizing and organizing militias, Popular Defense Forces, and other irregular troops for raiding and slaving parties in areas outside of the control of the Government of Sudan in an effort to severely disrupt the ability of those populations to sustain themselves. The tactic is in addition to the overt use of bans on air transport relief flights in prosecuting the war through selective starvation and to minimize the Government of Sudan's accountability internationally. (8) The Government of Sudan has repeatedly stated that it intends to use the expected proceeds from future oil sales to increase the tempo and lethality of the war against the areas outside its control. (9) Through its power to veto plans for air transport flights under the United Nations relief operation, Operation Lifeline Sudan (OLS), the Government of Sudan has been able to manipulate the receipt of food aid by the Sudanese people from the United States and other donor countries as a devastating weapon of war in the ongoing effort by the Government of Sudan to subdue areas of Sudan outside of the Government's control. (10) The efforts of the United States and other donors in delivering relief and assistance through means outside OLS have played a critical role in addressing the deficiencies in OLS and offset the Government of Sudan's manipulation of food donations to advantage in the civil war in Sudan. (11) While the immediate needs of selected areas in Sudan facing starvation have been addressed in the near term, the population in areas of Sudan outside of the control of the Government of Sudan are still in danger of extreme disruption of their ability to sustain themselves. (12) The Nuba Mountains and many areas in Bahr al Ghazal, Upper Nile, and Blue Nile regions have been excluded completely from relief distribution by OLS, consequently placing their populations at increased risk of famine. (13) At a cost which can exceed $1,000,000 per day, and with a primary focus on providing only for the immediate food needs of the recipients, the current international relief operations are neither sustainable nor desirable in the long term. (14) The ability of populations to defend themselves against attack in areas outside the Government of Sudan's control has been severely compromised by the disengagement of the front-line sponsor states, fostering the belief within officials of the Government of Sudan that success on the battlefield can be achieved. (15) The United States should use all means of pressure available to facilitate a comprehensive solution to the war, including-- (A) the maintenance and multilateralization of sanctions against the Government of Sudan with explicit linkage of those sanctions to peace; (B) the support or creation of viable democratic civil authority and institutions in areas of Sudan outside government control; (C) continued active support of people-to-people reconciliation mechanisms and efforts in areas outside of government control; (D) the strengthening of the mechanisms to provide humanitarian relief to those areas; (E) cooperation among the trading partners of the United States and within multilateral institutions toward those ends; and (F) the use of any and all possible unilateral and multilateral economic and diplomatic tools to compel Ethiopia and Eritrea to end their hostilities and again assume a constructive stance toward facilitating a comprehensive solution to the ongoing war in Sudan. SEC. 3. DEFINITIONS. In this Act: (1) Government of sudan.--The term ``Government of Sudan'' means the National Islamic Front government in Khartoum, Sudan. (2) IGAD.--The term ``IGAD'' means the Inter-Governmental Authority on Development. (3) OLS.--The term ``OLS'' means the United Nations relief operation carried out by UNICEF, the World Food Program, and participating relief organizations known as ``Operation Lifeline Sudan''. SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND NEW TACTICS BY THE GOVERNMENT OF SUDAN. Congress hereby-- (1) condemns-- (A) violations of human rights on all sides of the conflict in Sudan; (B) the Government of Sudan's overall human rights record, with regard to both the prosecution of the war and the denial of basic human and political rights to all Sudanese; (C) the ongoing slave trade in Sudan and the role of the Government of Sudan in abetting and tolerating the practice; and (D) the Government of Sudan's increasing use and organization of ``murahalliin'' or ``mujahadeen'', Popular Defense Forces (PDF), and regular Sudanese Army units into organized and coordinated raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, Upper Nile, and Blue Nile regions; and (2) recognizes that, along with selective bans on air transport relief flights by the Government of Sudan, the use of raiding and slaving parties is a tool for creating food shortages and is used as a systematic means to destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba peoples in a policy of low-intensity ethnic cleansing. SEC. 5. SUPPORT FOR THE IGAD PEACE PROCESS. (a) Sense of Congress.--Congress hereby-- (1) declares its support for the efforts by executive branch officials of the United States and the President's Special Envoy for Sudan to lead in a reinvigoration of the IGAD-sponsored peace process; (2) calls on IGAD member states, the European Union, the Organization of African Unity, Egypt, and other key states to support the peace process; and (3) urges Kenya's leadership in the implementation of the process. (b) United States Diplomatic Support.--The Secretary of State is authorized to utilize the personnel of the Department of State for the support of-- (1) the secretariat of IGAD; (2) the ongoing negotiations between the Government of Sudan and opposition forces; (3) any peace settlement planning to be carried out by the National Democratic Alliance and IGAD Partners' Forum (IPF); and (4) other United States diplomatic efforts supporting a peace process in Sudan. SEC. 6. INCREASED PRESSURE ON COMBATANTS. It is the sense of Congress that the President, acting through the United States Permanent Representative to the United Nations, should-- (1) sponsor a resolution in the United Nations Security Council to investigate the practice of slavery in Sudan and provide recommendations on measures for its eventual elimination; (2) sponsor a condemnation of the human rights practices of the Government of Sudan at the United Nations conference on human rights in Geneva in 2000; (3) press for implementation of the recommendations of the United Nations Special Rapporteur for Sudan with respect to human rights monitors in areas of conflict in Sudan; (4) press for UNICEF, International Committee of the Red Cross, or the International Federation of Red Cross and Red Crescent Societies, or other appropriate international organizations or agencies to maintain a registry of those individuals who have been abducted or are otherwise held in bondage or servitude in Sudan; (5) sponsor a condemnation of the Government of Sudan each time it subjects civilian populations to aerial bombardment; and (6) sponsor a resolution in the United Nations General Assembly condemning the human rights practices of the Government of Sudan. SEC. 7. SUPPORTING SANCTIONS AGAINST SUDAN. (a) Sanctions.--Until the President determines, and so certifies to Congress, that the Government of Sudan has-- (1) fully committed to and has made verifiable progress toward a comprehensive, peaceful solution to the war or has otherwise committed to and made verifiable progress in a good faith effort with both northern and southern opposition toward a comprehensive solution to the conflict based on the Declaration of Principles reached in Nairobi Kenya, on July 20, 1994, (2) made substantial and verifiable progress in controlling the raiding and slaving activities of all regular and irregular forces, including Popular Defense Forces and other militias and murahalliin, (3) instituted credible reforms with regard to providing basic human and civil rights to all Sudanese, and (4) ceased aerial bombardment of civilian targets, the following are prohibited, except to the extent provided in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) and in regulations, orders, directives, or licenses that may be issued pursuant to this section: (A) The facilitation by a United States person, including but not limited to brokering activities of the exportation or reexportation of goods, technology, or services from Sudan to any destination, or to Sudan from any location. (B) The performance by any United States person of any contract, including a financing contract, or use of any other financial instrument, in support of an industrial, commercial, public utility, or governmental project in Sudan. (C) Any transaction by any United States person or within the United States that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in this section. (b) Sense of Congress.--It is the sense of Congress that the sanctions in subsection (a), and in the President's Executive Order of November 4, 1997, should be applied to include the sale of stocks in the United States or to any United States person, wherever located, or any other form of financial instruments or derivatives, in support of a commercial, industrial, public utility, or government project or transaction in or with Sudan. (c) National Security Waiver.--The President may waive the application of any of the sanctions described in subsection (a) if he determines and certifies to Congress that it is important to the national security of the United States to do so. (d) Report.--Beginning 3 months after the date of enactment of this Act, and every 3 months thereafter, the President shall submit a report to Congress on-- (1) the specific sources and current status of Sudan's financing and construction of oil exploitation infrastructure and pipelines; (2) the extent to which that financing was secured in the United States or with involvement of United States citizens; (3) such financing's relation to the sanctions described in subsection (a) and the Executive Order of November 4, 1997; (4) the extent of aerial bombardment by the Government of Sudan forces in areas outside its control, including targets, frequency, and best estimates of damage; (5) the number, duration, and locations of air strips or other humanitarian relief facilities to which access is denied by any party to the conflict; and (6) the status of the IGAD-sponsored peace process or any other ongoing efforts to end the conflict, including the specific and verifiable steps taken by parties to the conflict, the members of the IGAD Partners Forum, and the members of IGAD toward a comprehensive solution to the war. (e) Statutory Construction.--Nothing in this section shall prohibit-- (1) transactions for the conduct of the official business of the Federal Government or the United Nations by employees thereof; (2) transactions in Sudan for journalistic activity by persons regularly employed in such capacity by a news-gathering organization; or (3) legitimate humanitarian operations. (f) Definitions.--In this section-- (1) the term ``entity'' means a partnership, association, trust, joint venture, corporation, or other organization; (2) the term ``Government of Sudan'' includes the Government of Sudan, its agencies, instrumentalities and controlled entities, and the Central Bank of Sudan; (3) the term ``person'' means an individual or entity; and (4) the term ``United States person'' means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States. SEC. 8. REFORM OF OPERATION LIFELINE SUDAN (OLS). It is the sense of Congress that the President should organize and maintain a formal consultative process with the European Union, its
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