SPEAKERS       CONTENTS       INSERTS    

 Page 1       TOP OF DOC
44–476 CC
1997
H. RES. 245, CONCERNING SELF-DETERMINATION FOR THE PEOPLE OF WESTERN SAHARA

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA

OF THE

COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED FIFTH CONGRESS

FIRST SESSION

OCTOBER 8, 1997

Printed for the use of the Committee on International Relations


 Page 2       PREV PAGE       TOP OF DOC

COMMITTEE ON INTERNATIONAL RELATIONS
BENJAMIN A. GILMAN, New York, Chairman
WILLIAM GOODLING, Pennsylvania
JAMES A. LEACH, Iowa
HENRY J. HYDE, Illinois
DOUG BEREUTER, Nebraska
CHRISTOPHER SMITH, New Jersey
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
DONALD A. MANZULLO, Illinois
EDWARD R. ROYCE, California
PETER T. KING, New York
JAY KIM, California
STEVEN J. CHABOT, Ohio
MARSHALL ''MARK'' SANFORD, South Carolina
MATT SALMON, Arizona
AMO HOUGHTON, New York
TOM CAMPBELL, California
JON FOX, Pennsylvania
JOHN McHUGH, New York
LINDSEY GRAHAM, South Carolina
 Page 3       PREV PAGE       TOP OF DOC
ROY BLUNT, Missouri
KEVIN BRADY, Texas
LEE HAMILTON, Indiana
SAM GEJDENSON, Connecticut
TOM LANTOS, California
HOWARD BERMAN, California
GARY ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
MATTHEW G. MARTINEZ, California
DONALD M. PAYNE, New Jersey
ROBERT ANDREWS, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
CYNTHIA A. McKINNEY, Georgia
ALCEE L. HASTINGS, Florida
PAT DANNER, Missouri
EARL HILLIARD, Alabama
WALTER CAPPS, California
BRAD SHERMAN, California
ROBERT WEXLER, Florida
STEVE ROTHMAN, New Jersey
BOB CLEMENT, Tennessee
BILL LUTHER, Minnesota
JIM DAVIS, Florida
RICHARD J. GARON, Chief of Staff
 Page 4       PREV PAGE       TOP OF DOC
MICHAEL H. VAN DUSEN, Democratic Chief of Staff

Subcommittee on Africa
EDWARD R. ROYCE, California, Chairman
AMO HOUGHTON, New York
STEVEN J. CHABOT, Ohio
MARSHALL ''MARK'' SANFORD, South Carolina
TOM CAMPBELL, California
ROBERT MENENDEZ, New Jersey
DONALD M. PAYNE, New Jersey
ALCEE L. HASTINGS, Florida
JIM DAVIS, Florida
TOM SHEEHY, Staff Director
GREG SIMPKINS, Professional Staff Member
JODI CHRISTIANSEN, Democratic Professional Staff Member
SHANNON GAWRONSKI, Staff Associate
C O N T E N T S

APPENDIX

    Text of H. Res. 245
    Amendment to H. Res. 245
MARKUP OF H. RES. 245, CONCERNING SELF-DETERMINATION FOR THE PEOPLE OF WESTERN SAHARA

WEDNESDAY, OCTOBER 8, 1997
 Page 5       PREV PAGE       TOP OF DOC
House of Representatives,
Subcommittee on Africa,
Committee on International Relations,
Washington, DC.
    The Subcommittee met, pursuant to notice, at 2:43 p.m., in room 2255, Rayburn House Office Building, Hon. Edward Royce (chairman of the Subcommittee) presiding.
    Mr. ROYCE. [presiding] The Subcommittee on Africa meets today in open session pursuant to notice to mark up House Resolution 245 relating to negotiations over the long-awaited referendum on the future of the Western Sahara. I will mention that in addition to this resolution, the Full Committee will meet tomorrow to mark up the resolution introduced by Congressman Alcee Hastings, House Resolution 130, relating to Kenya.
    This resolution today was introduced by myself and is cosponsored by Mr. Payne, Mr. Menendez, and Mr. Hastings of this subcommittee. This resolution expresses the support of the House of Representatives for the so far successful negotiations between the Kingdom of Morocco and the Polisario Front, which are being guided by former Secretary of State, James Baker. Mr. Baker holds the position of special envoy of the U.N. Secretary General for Western Sahara.
    Years of fighting between Morocco, the Polisario Front, and Mauritania has claimed thousands of lives and created hundreds of thousands of refugees. Secretary Baker has been a true catalyst. His diplomacy has broken the stalemate in referendum negotiations. While no date has been set for balloting, we appear to be closer to a free and fair referendum for Western Sahara than at any time in the last two decades. This conflict, which has often seemed intractable, hasn't received the attention it deserves. That is now changing with Secretary Baker's engagement, as well as the attention that Congress is now paying to this issue. Two of the Subcommittee staff as well as staff for some of the Subcommittee Members have been to the region recently to assess the situation.
 Page 6       PREV PAGE       TOP OF DOC
    In addition to the resolution we are considering today, the Subcommittee also has scheduled what should be its last hearing this session on Western Sahara for October 21st. The equitable ending of this conflict is important to the United States. Morocco is a longstanding American ally and continued turmoil in the region is contrary to U.S. interests. A resolution of the Western Sahara dispute supports both Morocco and the Polisario Front, who have made the tough decision to peacefully work out their differences. The humanitarian stakes also are high, and that is why the breakthrough achieved by Secretary Baker is so important, and why we need to take proper notice of it.
    I urge my colleagues to support this balanced resolution as a sign of congressional support for the significant advance that has taken place toward resolving this longstanding conflict. So the Chair lays the resolution before the Subcommittee. The clerk will report the title of the bill.
    Ms. GAWRONSKI. ''H. Res. 245''——
    Mr. ROYCE. Without objection, the clerk will read both the preamble and the operative language of the resolution for amendment.
    Ms. GAWRONSKI. ''Whereas the International Court of Justice, in its''——
    Mr. ROYCE. Without objection, the resolution will be considered as having been read and as being to amendment at any point. Is there objection?
    [The resolution appears in the appendix.]
    Mr. ROYCE. Yes, Mr. Menendez.
    Mr. MENENDEZ. I don't have an objection, but I do want to make a comment on the resolution.
    Mr. ROYCE. Mr. Menendez.
    Mr. MENENDEZ. Thank you, Mr. Chairman. I want to commend you for your prompt action in drafting the resolution and bringing it before the Subcommittee. For too long, the situation in the Western Sahara has been left unresolved. For too long, it has caused tension in the region and within the African continent. I think we owe a good deal of gratitude to former Secretary of State Jim Baker for his service as special envoy. Clearly it was his intervention which brought about an end to the referendum impasse and which has allowed for an opportunity for peace in the region.
 Page 7       PREV PAGE       TOP OF DOC
    I think the resolution will strengthen the agreement reached by Secretary Baker by sending a message of support from the U.S. Congress for their referendum and for free, fair, and transparent elections.
    I would like to note, and I understand that we will be considering an amendment, my disappointment that a number of the finding clauses which detail the history of the situation between Western Sahara and Morocco are going to be deleted from the bill. For the purposes of moving this expeditiously, I will support it but I reserve my rights as such to do as I see fit before the Full Committee.
    The Sahrawi people as much as any other people deserve the right of self-determination, particularly when we consider the fact that they have been left in limbo due to political considerations rather than any real legal dispute. In fact, the International Court of Justice, in 1975, declared that there is no establishment of any legal ties or territorial sovereignty between the territory of Western Sahara and the Kingdom of Morocco.
    Since 1975, the Sahrawi people have been waiting for Morocco and the international community to grant them the same right to self determination enjoyed by peoples around the world. Sahrawi President, Abdul Aziz, has given his word that he will stand by and respect the people's decision, regardless of the outcome, so long as the referendum is free and fair, and allows only Sahrawis to vote.
    Although Secretary Baker has put the referendum back on track, as he noted, there is a small window of opportunity to implement the agreement which remains quite fragile. The identification of eligible Sahrawi voters is crucial to the success of the referendum. Now that we are so close to a peaceful settlement, I hope that Members of the Subcommittee will support the extension of the U.N. mission in Western Sahara's MINURSO mandate until next April, and support the requisite funding to carry out the identification process. Failure to do so is ultimately a failure to make sure that the intent of this resolution, which is to see the referendum take place, is undermined. I urge us as we pass the resolution today, to also have in mind that we need to support those efforts as well. Thank you, Mr. Chairman.
 Page 8       PREV PAGE       TOP OF DOC
    Mr. ROYCE. Thank you, Mr. Menendez. I do have an amendment to the resolution which I believe will bring unanimous support to this resolution, and allow us to move it expeditiously. I believe you are right when you point out that it is in our interest to move this expeditiously to the House floor.
    So the clerk will report the amendment.
    Ms. GAWRONSKI. Amendment to H. Resolution 245. ''Strike the first five 'whereas' clauses and replace with the following:''
    Mr. ROYCE. The amendment is considered as having been read.
    [The amendment appears in the appendix.]
    Mr. ROYCE. It's open to amendment at any point. Let me just recognize myself for a minute.
    Having already spoken to this amendment, let me explain my decision to amend this resolution. The three clauses I am deleting with this amendment are verifiably true. But after wide discussions, I believe they detract focus from the true purpose of this resolution, which is to salute Secretary Baker for his diplomatic work and to put the U.S. Government on record as supporting a free, fair, and transparent referendum for Western Sahara.
    The amendment I am offering will not change that. I do wish to concur with the statement made by my colleague, Mr. Menendez, in principle.
    Are there any other Members that wanted to speak to the resolution at this time?
    If there are no further amendments to the amendment I am offering, the question is on the amendment. As many as are in favor of the amendment say aye.
    As many as are opposed, no.
    The ayes have it.
    Mr. MENENDEZ. Mr. Chairman, just list me as an abstention, please.
 Page 9       PREV PAGE       TOP OF DOC
    Mr. ROYCE. All right. Thank you. We have four ayes and one abstention. Would you like me to have the roll in? Four ayes and one abstention.
    Are there any further amendments or Members seeking recognition?
    If there are no further amendments, the Chair will now recognize Mr. Hastings to offer a motion. Mr. Hastings.
    Mr. HASTINGS. Mr. Chairman, I move that the Subcommittee report the pending resolution to the Full Committee and recommend that the resolution as amended be favorably considered in the Full Committee.
    Mr. ROYCE. The question is on the motion of the gentleman from Florida. As many as in favor of the motion say aye.
    As many as are opposed of the motion say no.
    The ayes have it. The motion is agreed to.
    Thank you, Members.
    [Whereupon, at 2:51 p.m., the Subcommittee was adjourned subject to the call of the Chair.]