| Home > 106th Congressional Bills > S. 2677 (rs) To restrict assistance until certain conditions are satisfied and to support democratic and economic transition in Zimbabwe. [Reported in Senate] ...
S. 2677 (rs) To restrict assistance until certain conditions are satisfied and to support democratic and economic transition in Zimbabwe. [Reported in Senate] ...
106th CONGRESS 2d Session S. 2677 _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 26, 2000 Referred to the Committee on International Relations, and in addition to the Committee on Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ AN ACT To restrict assistance until certain conditions are satisfied and to support democratic and economic transition in Zimbabwe. 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 ``Zimbabwe Democracy Act of 2000''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--Congress finds as follows: (1) Deliberate and systematic violence, intimidation, and killings have been orchestrated and supported by the Government of Zimbabwe and the ruling ZANU-PF party against members, sympathizers, and supporters of the democratic opposition, farmers, and employees. The violence has resulted in death, a breakdown in the rule of law, and further collapse of Zimbabwe's economy. (2) The lawlessness, harassment, violence, intimidation, and killings directed at the opposition and their supporters, farmers and farm employees continues at President Mugabe's explicit and public urging despite two court rulings that the occupations are illegal and must be ended. (3) The breakdown in the rule of law has jeopardized Zimbabwe's future, including international support for programs which provide land ownership for the large number of poor and landless Zimbabweans, other donor programs, economic stability, and direct investment. (4) The orchestrated violence and intimidation directed at opposition supporters has created and fostered an environment which seriously compromises the possibility of free and fair elections. (5) The crisis in Zimbabwe is further exacerbated by the fact that Zimbabwe is spending millions of dollars each month on its involvement in the civil war in the Democratic Republic of Congo. Those resources could finance equitable and transparent land reform, other programs to promote economic growth and alleviate poverty, and programs to combat the spread and effects of the world's highest HIV infection rate. (b) Statement of Policy.--It is therefore the policy of the United States to support the people of Zimbabwe in their struggles to effect peaceful, democratic change, achieve broad-based and equitable economic growth, and restore the rule of law. SEC. 3. PROHIBITION ON PROVISION OF ASSISTANCE OR DEBT RELIEF. (a) Prohibition on Assistance.--Except as provided in subsection (b)-- (1) no United States assistance may be provided for the Government of Zimbabwe; (2) no indebtedness owed by the Government of Zimbabwe to the United States Government may be canceled or reduced; and (3) the Secretary of the Treasury shall instruct the United States Executive Director to each international financial institution to oppose and vote against-- (A) any extension by the respective institution of any assistance of any kind to the Government of Zimbabwe, except for assistance to meet basic human needs and for good governance; and (B) any cancellation or reduction of indebtedness owed by the Government of Zimbabwe to that institution. (b) Conditions for Restoration of Eligibility for Assistance and Debt Relief.--The provisions of subsection (a) shall apply until the President certifies to the appropriate congressional committees that-- (1) the rule of law has been restored in Zimbabwe, including respect for ownership and title to property held prior to January 1, 2000, freedom of speech and association, and an end to the lawlessness, violence, and intimidation sponsored, condoned, or tolerated by the Government of Zimbabwe, the ruling party, and their supporters or entities; (2) Zimbabwe has held parliamentary elections which are widely accepted by the participating parties and the duly elected are free to assume their offices; (3)(A) Zimbabwe has held a presidential election which is widely accepted by the participating parties and the president- elect is free to assume the duties of the office; or (B) the government has sufficiently improved the pre- election environment to a degree consistent with accepted international standards for security and freedom of movement and association; (4) the Government of Zimbabwe has demonstrated a commitment to an equitable, legal, and transparent land reform program which should-- (A) respect existing ownership of and title to property by providing fair, market-based compensation to sellers; (B) benefit the truly needy and landless; (C) be based on the principle of ownership and title to all land, including communal areas; (D) be managed and administered by an independent, nongovernmental body; and (E) be consistent with agreements reached at the International Donors' Conference on Land Reform and Resettlement in Zimbabwe held in Harare in September, 1998; (5) the Government of Zimbabwe is making a good faith effort to fulfill the terms of the Lusaka agreement on ending the war in the Democratic Republic of Congo; and (6) the Zimbabwean Armed Forces and the National Police of Zimbabwe are responsible to and serve the elected civilian government. (c) United States Assistance Defined.-- (1) In general.--Except as provided in paragraph (2), in this section, the term ``United States assistance'' means-- (A) any assistance under the Foreign Assistance Act of 1961 (excluding programs under title IV of chapter 2 of part I, relating to the Overseas Private Investment Corporation); (B) sales, or financing on any terms, under the Arms Export Control Act; (C) the licensing of exports under section 38 of the Arms Export Control Act; and (D) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954. (2) Exceptions.--The term ``United States assistance'' does not include-- (A) humanitarian assistance, including food, medicine, medical supplies; (B) health assistance, including health assistance for the prevention, treatment, and control of HIV/AIDS and other infectious diseases; (C) support for democratic governance and the rule of law; (D) support for land reform programs consistent with subsection (b)(4); (E) support for conservation programs; and (F) support for de-mining programs. (d) Waiver.--The President may waive the provisions of subsection (a) if he determines that it is in the national interest of the United States to do so. SEC. 4. SUPPORT FOR DEMOCRATIC INSTITUTIONS AND THE RULE OF LAW. (a) Assistance for Legal Expenses.--As one component of a comprehensive approach towards supporting democratic institutions and the rule of law in Zimbabwe, the President is authorized to use funds appropriated to carry out the provisions of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 to finance the legal and related expenses of-- (1) individuals and democratic institutions challenging restrictions to free speech and association in Zimbabwe, including challenges to licensing fees, restrictions, and other charges and penalties imposed on the media or on individuals exercising their right of free speech and association; (2) individuals and democratic institutions and organizations challenging electoral outcomes or restrictions to their pursuit of elective office or democratic reforms, including fees or other costs imposed by the Government on those individuals or institutions; and (3) individuals who are the victims of torture or otherwise victimized by political violence. (b) Authority for Radio Broadcasting.-- (1) In general.--The Broadcasting Board of Governors shall further the communication of information and ideas through the increased use of radio broadcasting to Zimbabwe to ensure that radio broadcasting to that country serves as a consistently reliable and authoritative source of accurate, objective and comprehensive news. (2) Termination.--The authority of this subsection shall terminate upon a certification by the President under section 3(b) that the conditions specified in that section have been satisfied. (c) Assistance for Democracy Training.--During fiscal year 2001, the President is authorized to use not less than $6,000,000 of the funds made available to carry out the provisions of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 for democracy and governance programs in Zimbabwe. (d) Election Observers.--It is the sense of Congress that the President should provide support, including through the National Endowment for Democracy, for international election observers to the Zimbabwean parliamentary elections in 2000 and the presidential election scheduled for 2002, including assessments of the pre-electoral environment in each case and the electoral laws of Zimbabwe. SEC. 5. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC RECOVERY. Upon the certification made by the President under section 3(b)-- (1) up to $16,000,000 of funds appropriated to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, is authorized to be made available, notwithstanding any other provision of law, for support for alternative schemes under the Inception Phase of the Land Reform and Resettlement Program, including costs related to acquisition of land and resettlement, meeting the standards in section 3(b)(4); and (2) the Secretary of the Treasury shall-- (A) undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by any agency of the United States Government; (B) direct the United States Executive Director of each international financial institution to which the United States is a member to propose that such institution undertake a review of the feasibility of restructuring, rescheduling, or eliminating the sovereign debt of Zimbabwe held by that institution; and (C) direct the United States Executive Director of each international financial institution to which the United States is a member to propose to undertake financial and technical support for Zimbabwe, especially that intended to promote Zimbabwe's economic recovery and development, the stabilization of the Zimbabwean dollar, and the viability of Zimbabwe's democratic institutions; and (3) there shall be established a Southern Africa Finance Center located in Zimbabwe that will co-locate regional offices of the Overseas Private Investment Corporation, the Export- Import Bank of the United States, and the Trade and Development Agency for the purpose of facilitating the development of commercial projects in Zimbabwe and the southern Africa region. Passed the Senate June 23, 2000. Attest: GARY SISCO, Secretary.
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