SPEAKERS       CONTENTS       INSERTS    

 Page 1       TOP OF DOC
96–174PDF
2004
COMPREHENSIVE PEACE IN SUDAN ACT

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA

OF THE

COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED EIGHTH CONGRESS

SECOND SESSION

ON
H.R. 5061

SEPTEMBER 30, 2004

 Page 2       PREV PAGE       TOP OF DOC
Serial No. 108–139

Printed for the use of the Committee on International Relations

Available via the World Wide Web: http://www.house.gov/international—relations

COMMITTEE ON INTERNATIONAL RELATIONS

HENRY J. HYDE, Illinois, Chairman

JAMES A. LEACH, Iowa
CHRISTOPHER H. SMITH, New Jersey,
  Vice Chairman
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
EDWARD R. ROYCE, California
PETER T. KING, New York
STEVE CHABOT, Ohio
AMO HOUGHTON, New York
JOHN M. McHUGH, New York
ROY BLUNT, Missouri
THOMAS G. TANCREDO, Colorado
 Page 3       PREV PAGE       TOP OF DOC
RON PAUL, Texas
NICK SMITH, Michigan
JOSEPH R. PITTS, Pennsylvania
JEFF FLAKE, Arizona
JO ANN DAVIS, Virginia
MARK GREEN, Wisconsin
JERRY WELLER, Illinois
MIKE PENCE, Indiana
THADDEUS G. McCOTTER, Michigan
KATHERINE HARRIS, Florida
VACANCY

TOM LANTOS, California
HOWARD L. BERMAN, California
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
BRAD SHERMAN, California
ROBERT WEXLER, Florida
ELIOT L. ENGEL, New York
WILLIAM D. DELAHUNT, Massachusetts
GREGORY W. MEEKS, New York
BARBARA LEE, California
 Page 4       PREV PAGE       TOP OF DOC
JOSEPH CROWLEY, New York
JOSEPH M. HOEFFEL, Pennsylvania
EARL BLUMENAUER, Oregon
SHELLEY BERKLEY, Nevada
GRACE F. NAPOLITANO, California
ADAM B. SCHIFF, California
DIANE E. WATSON, California
ADAM SMITH, Washington
BETTY McCOLLUM, Minnesota
BEN CHANDLER, Kentucky

THOMAS E. MOONEY, SR., Staff Director/General Counsel
ROBERT R. KING, Democratic Staff Director

Subcommittee on Africa
EDWARD R. ROYCE, California, Chairman
AMO HOUGHTON, New York
THOMAS G. TANCREDO, Colorado
JEFF FLAKE, Arizona
MARK GREEN, Wisconsin

DONALD M. PAYNE, New Jersey
GREGORY W. MEEKS, New York
BARBARA LEE, California
BETTY McCOLLUM, Minnesota
 Page 5       PREV PAGE       TOP OF DOC

THOMAS P. SHEEHY, Subcommittee Staff Director
NOELLE LUSANE, Democratic Professional Staff Member
MALIK M. CHAKA, Professional Staff Member
GREG GALVIN, Staff Associate

C O N T E N T S

MARKUP OF

    H.R. 5061, To provide assistance for the current crisis in the Darfur region of Sudan and to facilitate a comprehensive peace in Sudan

Amendment in the nature of a substitute to H.R. 5061, offered by the Honorable Thomas G. Tancredo, a Representative in Congress from the State of Colorado

APPENDIX

    The Honorable Gregory W. Meeks, a Representative in Congress from the State of New York: Prepared statement

COMPREHENSIVE PEACE IN SUDAN ACT

THURSDAY, SEPTEMBER 30, 2004

 Page 6       PREV PAGE       TOP OF DOC
House of Representatives,
Subcommittee on Africa,
Committee on International Relations,
Washington, DC.

    The Subcommittee met, pursuant to call, at 3:35 p.m. in room 2172, Rayburn House Office Building, Hon. Edward R. Royce (Chairman of the Subcommittee) presiding.

    Mr. ROYCE. This is a markup of H.R. 5061, the Comprehensive Peace in Sudan Act. Pursuant to notice, I call up the bill H.R. 5061, Comprehensive Peace in Sudan Act, for purposes of markup.

    [The bill, H.R. 5061, follows:]

      
      
  
96174a.AAB

      
      
  
96174a.AAC

      
 Page 7       PREV PAGE       TOP OF DOC
      
  
96174a.AAD

      
      
  
96174a.AAE

      
      
  
96174a.AAF

      
      
  
96174a.AAG

      
      
  
96174a.AAH

      
 Page 8       PREV PAGE       TOP OF DOC
      
  
96174a.AAI

      
      
  
96174a.AAJ

      
      
  
96174a.AAK

      
      
  
96174a.AAL

      
      
  
96174a.AAM

      
 Page 9       PREV PAGE       TOP OF DOC
      
  
96174a.AAN

      
      
  
96174a.AAO

      
      
  
96174a.AAP

      
      
  
96174a.AAQ

      
      
  
96174a.AAR

      
 Page 10       PREV PAGE       TOP OF DOC
      
  
96174a.AAS

      
      
  
96174a.AAT

      
      
  
96174a.AAU

      
      
  
96174a.AAV

      
      
  
96174a.AAW

      
 Page 11       PREV PAGE       TOP OF DOC
      
  
96174a.AAX

      
      
  
96174a.AAY

    Mr. ROYCE. Without objection, the bill will be considered as read and open for amendment at any point. I now recognize myself for the purpose of explaining the bill. Firstly, I would like to commend the authors of this measure, Mr. Tancredo and Mr. Payne. This legislation does several things. It contains a sense of Congress that the Sudan Peace Act, which became law in 2002, remains relevant and should be extended to include the Darfur region of Sudan. In judgment, Congress declared the killing in Darfur to be genocide. Secretary Powell made the same statement earlier this month. Other Members will no doubt speak to the human disaster in this region.

    It is clear to me, and I think most Members of this Committee, that peace in Sudan is indivisible. This provision makes that explicit. It amends the Sudan Peace Act so that a visa ban against senior Sudanese Government officials is put in place immediately, unless the President has determined that the Government has made significant progress on Darfur and on the North South peace negotiations. Triggering this sanction is the least we can do, given the Government's support for genocide in Darfur. I think it is clear that the Administration has been moving in the direction of imposing this sanction under the Sudan Peace Act, which is due for a biannual review next month.
 Page 12       PREV PAGE       TOP OF DOC

    The bill also authorizes funding for the implementation of a comprehensive peace agreement. The bill also endorses aggressive action at the U.N. Security Council, including an asset freeze against senior Sudanese Government officials, as well as a ban on the trade of Sudanese oil, and an arms ban against the Government of Sudan. The bill also contains the capital markets ban that the House passed with the original Sudan Peace Act. I understand Mr. Tancredo will be offering an amendment to this bill. And this amendment gives the bill a better chance of becoming law before this Congress adjourns. We do not have much time to act. With that said, I will now turn to Mr. Payne for any comments he may have.

    Mr. PAYNE. Thank you, Mr. Chairman. Thank you for your support of H.R. 5061, to provide assistance for the current crisis in Darfur and to facilitate a comprehensive peace plan in Sudan. Your decision to mark up this bill in the interest of expediting it to bring it to the Floor is commended. We know that there is just a short amount of time left and your cooperation and interest in bringing this up is certainly appreciated by all of us, as is your work with the Committee in general. The bill, under the strong leadership of Mr. Tancredo of Colorado, is a continuation of the broad bipartisan coalition that has sought to help bring about peace in Darfur. And let me include the Chairman of the Full Committee, Mr. Hyde, who has a very strong interest in this question. We are trying to bring about peace in Darfur, as I mentioned.

    But these numbers, as I mentioned, 50,000—and increasing—people that have been brutally killed and millions more made homeless and displaced. Also in the spirit of work done over the years by Mr. Tancredo and Mr. Wolf and Senators Brownback and Lugar and Frist, now Senator Corzine and myself, bipartisan, to facilitate the comprehensive peace between the north and the south.
 Page 13       PREV PAGE       TOP OF DOC

    H.R. 5061 amends the Sudan Peace Act as it has been indicated and restates the congressional declaration of genocide, requires a report from the Treasury Department on all commercial activities in Sudan, imposes capital markets sanctions on entities doing business in Sudan, places visa bans on Sudanese Government officials and provides $450 million—$150 million of which would go toward the humanitarian crisis in Darfur and Chad and includes supporting the African Union mission. And $300 million would go toward the development of southern Sudan over the next 3 years, starting in fiscal year 2005.

    Mr. Chairman, this is our response to the declaration of genocide. Since we have done it, we need to show that it is important and that in addition to the word, that action is taken. It is important that we make the right decision and take strong, swift action in the face of this genocide because what we do now has serious consequences for the future. The unprecedented action of declaring genocide both by the U.S. Congress and by the Administration is not enough. Now we must, through the actions authorized in H.R. 5061, send a message to the Government of Sudan and other Governments in the future that genocide is not only morally reprehensible, but it will not be tolerated and that the international community will respond.

    Therefore, Mr. Chairman, I urge our counterparts in the EU and the AU (African Union) to take similar action in the wake of genocide. It is the responsibility of the entire international community. This is a global village and we need everyone's support. With that, I yield back the balance of my time and I thank you again.

    Mr. ROYCE. Thank you Mr. Payne. I now want to recognize the author of this measure, Mr. Tancredo, for any opening statement he might like to make and also for the purpose of offering an amendment.
 Page 14       PREV PAGE       TOP OF DOC

    Mr. TANCREDO. Thank you, Mr. Chairman. I have a few brief words, as I think both you and Mr. Payne have certainly accurately and adequately described the bill before us. This is interesting in that we keep naming bills that refer to peace in Sudan. I was the author of the Sudan Peace Act, and this particular piece of legislation carries as lofty a term. I just hope that we are able to, in a very short period of time, see that the title of the bill actually becomes the reality in the world and on the ground in Sudan.

    It is time for peace in that country. We are hoping that what we are doing here today will facilitate the movement toward a total and final peace in Sudan, the culmination of the Naivasha Accords, and the final agreements being signed and implemented. It is important, I understand, for us to do what we need to do to look at what is going on in Darfur. I think it is morally important for us to do it. The politics of it are one thing, but the morality is another. It is imperative that Congress, I think, shine a light to the extent that we are able to shine it on the tragedy in Darfur and Sudan as a whole.

    With that, Mr. Chairman, I have no other comments except to say I have an amendment in the nature of a substitute at the desk.

    Mr. ROYCE. Without objection, the amendment in the nature of a substitute will be considered as read and will be considered as the base text for purposes of amendment. I am going to recognize you, Mr. Tancredo, to explain the amendment at this point. I think the amendment is at the desk.

    Mr. TANCREDO. It is at the desk.
 Page 15       PREV PAGE       TOP OF DOC

    [The amendment in the nature of a substitute follows:]

      
      
  
96174b.AAB

      
      
  
96174b.AAC

      
      
  
96174b.AAD

      
      
  
96174b.AAE

      
      
 Page 16       PREV PAGE       TOP OF DOC
  
96174b.AAF

      
      
  
96174b.AAG

      
      
  
96174b.AAH

      
      
  
96174b.AAI

      
      
  
96174b.AAJ

      
      
 Page 17       PREV PAGE       TOP OF DOC
  
96174b.AAK

      
      
  
96174b.AAL

      
      
  
96174b.AAM

      
      
  
96174b.AAN

      
      
  
96174b.AAO

      
      
 Page 18       PREV PAGE       TOP OF DOC
  
96174b.AAP

      
      
  
96174b.AAQ

      
      
  
96174b.AAR

      
      
  
96174b.AAS

      
      
  
96174b.AAT

      
      
 Page 19       PREV PAGE       TOP OF DOC
  
96174b.AAU

      
      
  
96174b.AAV

      
      
  
96174b.AAW

      
      
  
96174b.AAX

      
      
  
96174b.AAY

    Mr. ROYCE. All the Members have the amendment. I recognize Mr. Tancredo in terms of the amendment
 Page 20       PREV PAGE       TOP OF DOC

    Mr. TANCREDO. I do not think I will take the 5 minutes. I will say that the most absolute change, the significant change, in this is the change in the commercial engagement prohibition. We have rolled it back to the original language that was in the bill and also to the law that exists that we have implemented in other areas, specifically in the Malaria Act. It does allow for the exportation—we still would allow for the exportation of goods out of Sudan. I hope that we will and I am doing this because I believe, as the Chairman has suggested, that this is necessary for the passage of the bill. But as time goes by, I am hoping that we will be able to revisit this, if need be, and a number of other things if the total effect of this bill is not as we hope and that peace does not soon come to that land. But that is essentially the change in the substitute. Mr. Chairman, I move the amendment.

    Mr. ROYCE. The question occurs on the amendment in the nature of a substitute. All in favor say aye. All opposed no. The ayes have it. And the motion is approved.

    Would any of the Members like to speak on the bill?

    Mr. FLAKE. Mr. Chairman, I commend Mr. Tancredo, yourself and others who have had a hand in drafting this and for all the work you have done to bring peace to Sudan. It is a tall order, as was mentioned. I compliment your enduring efforts in this regard. I support the legislation with the understanding that the capital market sanctions will be dealt with later. I do have a problem with that, but with that understanding, I support the legislation. Thank you.

 Page 21       PREV PAGE       TOP OF DOC
    Mr. ROYCE. Ms. Lee.

    Ms. LEE. Thank you, Mr. Chairman. Let me also thank you, Ranking Member Payne and Mr. Tancredo for your leadership and staying vigilant on efforts to support peace and security for the people of Darfur. We would not be here if it were not for this bipartisan commitment to the people of Darfur. We all agree that the United States must lead the international community in a campaign to save lives. Basically, that is what this is about, and to help the people of Darfur who, today, continue to remain vulnerable socially, economically and politically.

    In Darfur's war-torn region, the African Union troops attempt to keep the peace with very limited resources and support. Gunshots are heard in the darkness as thieves and thugs continue to intimidate, murder, rape and steal from people. Thugs who are cheating them from their right to protection and peace and their right to a decent life. Men and women dig mass graves, scrambling to identify the bodies of lost loved ones. Children are not going to school. Women do not have food and clean water for their families.

    With so many causalities, so many sick people, so many still missing and so much despair, the United States must step up and meet our moral obligation to protect Darfurians in dire need. We must aid Darfur with a real commitment to help the people build what continues to elude them, and that is a substantial investment in their country and community in them. They need basic food and provisions and support for a true democracy and peace in the Sudan.

    So the murder, the death, the rape and the suffering of the people of Darfur is genocide. We all recognize it as such. We know it is such. And today as we mark up H.R. 5061, we will set in motion what I believe will be the first of many, hopefully, the first of many total sanctions against the Khartoum Government. I support this legislation and I am proud to be a co-sponsor of it. I hope that it will help us move quickly in terms of ensuring peace, stability and security for all of the people in Sudan.
 Page 22       PREV PAGE       TOP OF DOC

    Thank you, Mr. Chairman. Thank you, Mr. Payne and Mr. Tancredo, for really making sure that the United States is on the correct side of history.

    Mr. ROYCE. Thank you, Ms. Lee. We will go to Mr. Green.

    Mr. GREEN. Thank you, Mr. Chairman. Mr. Chairman, some years ago, this Nation and the community of nations watched as a tragedy unfolded in Burundi and Rwanda. And many people have since said it was their great shame that we did not act, we, being the community of nations, when we could have and when we should have. We recently marked the anniversary of that tragedy not so very long ago and there were lots of speeches about how sorry we were and how it would never happen again.

    Of course it is happening again before our eyes. I think the experience of Rwanda creates an even greater obligation for all of us. And I am fully supportive of what we are doing here today, but I fear it is not enough. I have no easy answer because I do not believe that there are easy answers here. I think it is a very deep and long-abiding problem. But perhaps as much as anything else, this legislation is important because it forces Congress and it forces the world to face this problem head on. And if nothing else, I think that is very, very useful. With that, I yield back.

    Mr. ROYCE. Thank you. We will go to Mr. Payne.

    Mr. PAYNE. Thank you, Mr. Chairman. I once again thank Mr. Tancredo and, like him, we are dismayed that capital market sanctions will not be what comes to the Floor and other import/export items that we were hoping. I think that we have to really start looking at human life in a more serious way, and there were things that I used to be opposed to that, because of the circumstances, I have had to change my view on, as I have become supportive of things that I once opposed, because time changed my way. And I would hope that eventually we can get over this opposition to capital market sanctions.
 Page 23       PREV PAGE       TOP OF DOC

    I think when capital market, when money, when dollars are more important than the genocide that goes on, because the genocide that we see today are those we watch on television. Genocides that went on before, they were not recorded, we never saw it, no one saw as they were unfolding. And so I hope that at one point in time we can use capital, since that is what everyone drives for, capitalism, since it is such a driver in the world, to stop tyranny.

    We need to look at the Most Favored Nations Status that the People's Republic of China get as they enslave their own people. We need to look at the balance of trade deficit that they have and the capital that they get from this country as they refuse to allow strong U.N. resolutions that come before the Security Council because they have veto power. We have capital power and if we are not going to be sending our men and women into harm's way in the future, we will see less and less of that. If we are going to deal with these tyrants, we are going to have to deal with things differently.

    I would hope, at some point in time, we could start using the vast capital that we have in this country to be punitive to these people who take human lives, that make money out of the blood of other people. It is blood oil. If they use blood oil, they should not be able to take our capital markets because then our capital is blood capital. That is an argument for another day.

    We certainly do not have the will in Congress to change that at this point. But hopefully, as time moves on, we can start to have a refocus on capital.

    Mr. ROYCE. Thank you, Mr. Payne. I share with you that there was a time when I, too, saw capital market sanctions as a slippery slope, but that was back in university. That was back before we saw the atrocities committed in southern Sudan, and certainly now the atrocities committed in Darfur. And I, like you, have changed my opinion on this subject, and my hope is that capital market sanctions will be deployed in Sudan if we do not get a peace agreement, and if we do not get a resolution and an end to the killing in Darfur.
 Page 24       PREV PAGE       TOP OF DOC

    But with that said, I just want to, at this point, commend Mr. Tancredo and Mr. Payne, and I commend them for their consistent leadership on this issue over the years. And it is my fervent hope that we can get some cooperation from the Senate, and maybe even more importantly, that we can get some cooperation from the Security Council and other member states of the United Nations. And I trust that this measure will help in that regard.

    So at this time the Chair will entertain a motion on the bill that it be reported favorably to the Full Committee as amended.

    Mr. TANCREDO. So moved.

    Mr. ROYCE. The question occurs on the motion to report the bill H.R. 5061 favorably as amended. All those in favor say aye. The motion is approved. The bill is reported favorably. Without objection, the staff is directed to make any technical and conforming amendments. And at this point this markup is adjourned.

    [Whereupon, at 3:55 p.m., the Subcommittee was adjourned.]

A P P E N D I X

Material Submitted for the Hearing Record

PREPARED STATEMENT OF THE HONORABLE GREGORY W. MEEKS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK
 Page 25       PREV PAGE       TOP OF DOC

    I would first like to commend my colleague Tom Tancredo and other members of the Africa Subcommittee for working so hard to bring a bill to this committee that will hopefully be successful in letting the Sudanese government and the world know that genocide, no matter where it takes place, will not be tolerated!

    I would also like to thank my colleagues for working closely with me to include language to this bill that will provide $150 million to support the peacekeeping efforts of the African Union and provide humanitarian assistance to those who have been raped, tortured, and driven from their homes by the Sudanese government troops and the Janjaweed.

    The leadership efforts of the African Union in attempting to stop the atrocities in Darfur must be recognized. African Union Chairman, President Olusegun Obasanjo of Nigeria has held peace talks between the Sudanese government and two African rebel groups from Darfur in Abuja, Nigeria since August 23, 2004. The African Union has also sent 100 personnel to monitor the situation as well as 305 Rwandan and Nigerian peacekeepers.

    However, we all know that 305 peacekeepers is simply not enough to stop a genocide in a region that is roughly the size of France.

    That is why I have requested that $150 million be added to this bill so that the survivors of this horrible genocide can not only get the food and water that they need to survive life in the refugee camps, but also so that the mission of the African Union can be expanded to 3 or 4,000 instead of 300 to end the genocide once and for all!

 Page 26       PREV PAGE       TOP OF DOC
    It is my hope that at least $100 million will go to the expansion of African Union troops so that this genocide can be stopped.

    Thank you.