SPEAKERS CONTENTS INSERTS
Page 1 TOP OF DOC
90–358PDF
2003
TO LIMIT UNITED STATES ASSISTANCE FOR ETHIOPIA AND ERITREA IF THOSE COUNTRIES ARE NOT IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF AGREEMENTS ENTERED INTO BY THE TWO COUNTRIES TO END HOSTILITIES AND PROVIDE FOR A DEMARCATION OF THE BORDER BETWEEN THE TWO COUNTRIES, AND FOR OTHER PURPOSES
MARKUP
BEFORE THE
SUBCOMMITTEE ON AFRICA
OF THE
COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES
ONE HUNDRED EIGHTH CONGRESS
FIRST SESSION
ON
H.R. 2760
Page 2 PREV PAGE TOP OF DOC
OCTOBER 16, 2003
Serial No. 108–51
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
DOUG BEREUTER, Nebraska
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
Page 3 PREV PAGE TOP OF DOC
AMO HOUGHTON, New York
JOHN M. McHUGH, New York
THOMAS G. TANCREDO, Colorado
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
WILLIAM J. JANKLOW, South Dakota
KATHERINE HARRIS, Florida
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
Page 4 PREV PAGE TOP OF DOC
WILLIAM D. DELAHUNT, Massachusetts
GREGORY W. MEEKS, New York
BARBARA LEE, California
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
CHRIS BELL, Texas
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
Page 5 PREV PAGE TOP OF DOC
GREGORY W. MEEKS, New York
BARBARA LEE, California
BETTY McCOLLUM, Minnesota
THOMAS P. SHEEHY, Subcommittee Staff Director
MALIK M. CHAKA, Professional Staff Member
NOELLE LUSANE, Democratic Professional Staff Member
GREG GALVIN, Staff Associate
C O N T E N T S
MARKUP OF:
H.R. 2760, To limit United States assistance for Ethiopia and Eritrea if those countries are not in compliance with the terms and conditions of agreements entered into by the two countries to end hostilities and provide for a demarcation of the border between the two countries, and for other purposes
Amendment #1 to H.R. 2760 offered by the Honorable Edward R. Royce, a Representative in Congress from the State of California, and Chairman, Subcommittee on Africa
Amendment #2 to H.R. 2760 offered by the Honorable Edward R. Royce
Amendment to H.R. 2760 offered by the Honorable Barbara Lee, a Representative in Congress from the State of California
Page 6 PREV PAGE TOP OF DOC
TO LIMIT UNITED STATES ASSISTANCE FOR ETHIOPIA AND ERITREA IF THOSE COUNTRIES ARE NOT IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF AGREEMENTS ENTERED INTO BY THE TWO COUNTRIES TO END HOSTILITIES AND PROVIDE FOR A DEMARCATION OF THE BORDER BETWEEN THE TWO COUNTRIES, AND FOR OTHER PURPOSES
THURSDAY, OCTOBER 16, 2003
House of Representatives,
Subcommittee on Africa,
Committee on International Relations,
Washington, DC.
The Subcommittee met, pursuant to call, at 1:35 p.m. in Room 2200, Rayburn House Office Building, Hon. Ed Royce (Chairman of the Subcommittee) presiding.
Mr. ROYCE. Pursuant to notice, I would like to call up H.R. 2760, Resolution of the Ethiopia-Eritrea Border Dispute Act of 2003 for purposes of mark-up.
Without objection, the bill will be considered as read and open for amendment at any point.
[H.R. 2760 follows:]
Page 7 PREV PAGE TOP OF DOC
90358a.AAB
90358a.AAC
90358a.AAD
90358a.AAE
90358a.AAF
Page 8 PREV PAGE TOP OF DOC
90358a.AAG
90358a.AAH
90358a.AAI
90358a.AAJ
90358a.AAK
Mr. ROYCE. I would like to make an opening statement.
Page 9 PREV PAGE TOP OF DOC
Tensions between Ethiopia and Eritrea unfortunately are rising. Most immediately, the international effort to demarcate their common border has been jeopardized by what almost everyone recognizes to be Ethiopian intransigence.
The Ethiopian government has essentially rejected the work of the Boundary Commission that was established by the Algiers Agreement in 2000, following 2 years of bloody fighting that cost an estimated 100,000 Ethiopian and Eritrean lives and cost $2 billion.
Indeed, the U.N. Security Council has written the Ethiopian government conveying their deep regret at the intention of the government of Ethiopia not to accept the entirety of the delimitation and demarcation decision as decided by the Boundary Commission.
The commission's work, the parties agreed at Algiers, was to be final and was to be binding. H.R. 2760 creates an incentive for both parties to abide by the decision of the commission. It suspends U.S. economic assistance to either of these countries if they fail in this. What it does not do, and I want to be very clear about this, what it does not do is suspend food or medical assistance, or peacekeeping funding, or counterterrorism initiatives, or human rights, or HIV/AIDS assistance. The U.S. has been, and will continue to be, generous in these areas.
I want to be clear also that the legislation is not anti-Ethiopia and it is not pro-Eritrea. I have been a critic of the human rights abuses of both nations. The Ethiopian and Eritrean people deserve far better governance than they are getting. Of particular concern is the arrest and detention, without charges for more than a year, of two Eritrean employees of the U.S. Embassy. This legislation, frankly, is crafted to be pro-Boundary Commission, pro-rule of law and ultimately, I believe, it is pro-peace.
Page 10 PREV PAGE TOP OF DOC
Demarcation, I recognize, is difficult. It always is. In this case, blood has been spilt and feelings are raw, yet the Ethiopian leadership is doing nothing to prepare Ethiopians to accept the commission's decision. Instead, it is whipping up anti-commission sentiment, manipulating nationalism for its own gain and, I believe, playing with fire.
A recent report finds that over 17 million Ethiopians may need emergency food aid by 2007. That is one-quarter of the population. Faced with this looming food crisis and all the other challenges in Ethiopia, I can only view the status of a very small amount of disputed territory as very, very inconsequential to the mass of Ethiopians struggling to survive, unless, of course, the leadership has them believe otherwise.
Both the Ethiopian and Eritrean leadership suffer from a zero-sum game mentality. Nothing in their minds is mutually beneficial. This is where the international community can effectively step in. Aid efforts to build links between Ethiopians and Eritreans who have so much in common are important, but the Boundary Commission is central to the international community's involvement in the difficult relationship between these two countries.
The commission represents the rule of law, which must be backed if this and Africa's so many other conflicts are to be resolved. A successful demarcation does not guarantee peace, but it is central if peace is to have a chance. The commission's work must be vigorously backed, which is what this legislation does.
I will now go to Don Payne, our Ranking Member, for his opening statement.
Page 11 PREV PAGE TOP OF DOC
Mr. PAYNE. Thank you very much, Mr. Chairman, for scheduling this very important mark-up.
As you are aware and as you have indicated in your remarks, the senseless Ethiopian and Eritrean war from 1998 to 2000 killed over 100,000 people, displaced hundreds of thousands of civilians, destroyed countless homes, wasted hundreds of millions of dollars of meager resources and, once again, plunged the war-prone Horn of Africa region into the familiar scene of instability and chaos.
There are no angels in this conflict. Both sides are to blame and should be accountable for the unnecessary loss of life. So many young people and innocent civilians died because of the arrogance and intransigence of these governments.
Mr. Chairman, in December of 2000, Ethiopia and Eritrea signed a peace agreement and began its implementation with the help of the OAU and the United Nations. Ethiopian troops withdrew from Eritrea while the Eritreans redeployed their troops further away from the disputed borders, as called for in the peace agreement.
The United Nations Security Council authorized 4300 peacekeeping troops from over 40 countries to the United Nations' mission in Ethiopia and Eritrea. Meanwhile, in April of 2002, the independent Boundary Commission in the Hague issued its ruling on the disputed border as called for in the December peace agreement. Both sides initially accepted the Border Commission's decision, although Ethiopia now rejects the commission's decision on Badme, the town that triggered the conflict in the first place.
Page 12 PREV PAGE TOP OF DOC
Both Ethiopia and Eritrea were given the opportunity to submit their reservations on the commission's decision. After careful review, the commission replied in writing to both governments, but Ethiopian authorities continue to obstruct, delay, and frustrate implementation of the Border Commission's decision.
Mr. Chairman, this kind of behavior is unacceptable and could once again plunge these countries into a bloody conflict.
These are the facts, Mr. Chairman. Both Ethiopia and Eritrea agreed in 2000 in Algiers to set up a special Boundary Commission whose decision will be final and binding. The parties themselves appointed members of the Boundary Commission. Article IV of the Algiers Agreement clearly states the parties agree to cooperate with the commission, its experts, and other staff in all respects during the process of delimitation and demarcation, including the facilitation of access to territory they contort. The Algiers Agreement is also clear that the agreement stands unless both parties agree to open up the decision of the commission.
The United Nations Security Council, the Secretary General of the United Nations and the African Union have also said the commission's decision must be implemented without delay.
H.R. 2760 simply states that both parties should facilitate the work of the commission and allow demarcation of the borders consistent with the commission's determinations without delay. This resolution does not take sides, as our Chairman very clearly indicated. It calls on both parties to cooperate or face consequences for their action. Ethiopia and Eritrea can ill afford to go to war, especially in light of the enormous humanitarian crises in both countries.
Page 13 PREV PAGE TOP OF DOC
The international community cannot be expected to keep funding a peacekeeping force indefinitely or allow innocent people to die unnecessarily. The message is clear: implement the decision of the commission and begin to rebuild your community and countries.
I urge my colleagues to support this resolution.
Mr. ROYCE. Thank you, Mr. Payne.
Any other opening statements that Members would like to make at this time?
[No response.]
Mr. ROYCE. We will then go to amendments.
I would like to recognize myself for the purpose of offering an amendment. I have an amendment at the desk that all the members have in their folders which, without objection, will be considered as read.
[The amendment of Mr. Royce follows:]
90358b.AAB
Page 14 PREV PAGE TOP OF DOC
Mr. ROYCE. I am going to recognize myself now to explain this amendment.
The amendment is technical in nature, it simply corrects a mis-reference and a misquote in the original text.
Is there any discussion of the amendment?
[No response.]
Mr. ROYCE. If not, the question occurs on the amendment. All in favor, say aye.
[Chorus of ayes.]
Mr. ROYCE. All opposed, nay.
[No response.]
Mr. ROYCE. That amendment passes.
I have a second amendment at the desk, which, again, all members have in their folders and, without objection, that amendment will be considered as read.
Page 15 PREV PAGE TOP OF DOC
[The amendment of Mr. Royce follows:]
90358c.AAB
Mr. ROYCE. I will recognize myself for a moment to explain the amendment.
This second amendment does two things. It strikes a finding, substituting it with a reference to recent correspondence between the Ethiopian president and the Security Council. This, I believe, is a helpful update reflecting key developments since the legislation was first introduced.
This amendment also gives specifics to the reporting requirement, asking for a report on the key issues of each country's cooperation with the Boundary Commission every 6 months, instead of on a regular basis, as is currently written into the measure.
Is there any discussion on this amendment?
[No response.]
Mr. ROYCE. If not, the question occurs on the amendment. All in favor, say aye.
Page 16 PREV PAGE TOP OF DOC
[Chorus of ayes.]
Mr. ROYCE. All opposed, nay.
[No response.]
Mr. ROYCE. That amendment is adopted.
Are there any other members?
Ms. LEE. Mr. Chairman, yes.
Mr. ROYCE. Ms. Lee?
Ms. LEE. I have an amendment at the desk.
[The amendment of Ms. Lee follows:]
90358d.AAB
Page 17 PREV PAGE TOP OF DOC
90358d.AAC
Mr. ROYCE. The clerk will report the amendment.
Mr. GALVIN. Amendment offered by Ms. Lee. Page 10, after line 8, insert the following.
Mr. ROYCE. Without objection, that amendment is considered as read.
The gentle lady is recognized for the purpose of offering her amendment.
Ms. LEE. Mr. Chairman, today, as we discuss the Ethiopian and Eritrean border, of course, I am also deeply saddened by the hostility, bitterness, and loss of life that this border conflict has inflicted on all parties.
We have an opportunity, I think, and an obligation to really make life better for all Ethiopians and Eritreans and I think that this amendment will do that.
What this amendment will do is create a border initiative to deliver needed humanitarian development assistance to the border region. It will provide a package for relocation of families who have been displaced by the demarcation and, finally, a truth and reconciliation process.
Page 18 PREV PAGE TOP OF DOC
It also engages the business community to come back to the border and contribute to the economic development dialogue which will have to occur in both countries in order to overcome the stagnant economy and end the famine afflicting each country.
I had the opportunity to visit Ethiopia on a CODEL very recently and must say that the HIV/AIDS pandemic in Ethiopia and many of the development issues that we know are so important I think apply also to the border region and hopefully this amendment will move us forward in terms of making sure that development initiatives take place and that all parties come together to ensure progress for the people in the region.
Mr. ROYCE. Thank you, Congresswoman Lee. Let me just say that I support your amendment. It has us doing what we can to aid those adversely impacted by the demarcation. I think it rightly aims to take the sting out of the demarcation and I would emphasize again, though, that the lives of those in Badme and other affected areas will be more harmed if demarcation bogs down and these countries return to war.
Any other comments on Ms. Lee's amendment?
Mr. Flake?
Mr. FLAKE. Mr. Chairman, may I ask a question about the amendment?
Mr. ROYCE. Absolutely.
Page 19 PREV PAGE TOP OF DOC
Mr. FLAKE. This says that the President shall carry out an initiative in conjunction with the governments of Ethiopia and Eritrea. There is no authorization here. Is this just with funds available already there?
Ms. LEE. We do not have an appropriation, but we believe that USAID can actually implement this with existing funding. If they do not, we need to talk about that later. This specifically does not address the funding issues, however, we want to direct the development effort in this direction.
Mr. FLAKE. Thank you.
Mr. ROYCE. Any other discussion?
Mr. PAYNE. Yes, Mr. Chairman. This Committee, as we know, is the authorizing Committee. We wish we did have the right to appropriate and so I think that the amendment is in the right Committee for authorizing and when we can move to appropriations, we could make a request as has been indicated or use funds, but I think that it makes sense to concentrate on the border since the border is what this whole boundary dispute is about and that is where most of the need will be. And so, I certainly support this amendment and even hope that people on the border can, in addition to having this financial incentive and so forth, even start to have communications people-to-people, things on the border, across border, to build a friendship on the border which then would hopefully preserve peace in the future. So I certainly commend the gentle lady from California for her amendment and urge its support.
Page 20 PREV PAGE TOP OF DOC
Mr. ROYCE. Let me add to that also that USAID is in support of the amendment.
That said, the question occurs on the amendment. All those in favor, say aye.
[Chorus of ayes.]
Mr. ROYCE. All those opposed, nay.
[No response.]
Mr. ROYCE. The amendment passes.
Are there any further amendments to the bill?
[No response.]
Mr. ROYCE. The Chair will now entertain a motion that the bill be reported favorably to the Full Committee as amended.
Mr. FLAKE. So moved.
Mr. ROYCE. The question occurs on the motion to report the bill H.R. 2760 favorably as amended. All in favor, say aye.
Page 21 PREV PAGE TOP OF DOC
{Chorus of ayes.]
Mr. ROYCE. All opposed, no.
[No response.]
Mr. ROYCE. The motion is approved and the bill is reported favorably.
Without objection, the bill will be reported favorably to the Full Committee in the form of a single amendment, in the nature of a substitute incorporating the amendments adopted here today and, without objection, the staff is directed to make any technical and conforming amendments necessary.
At this point, we have completed our mark-up and we stand adjourned.
[Whereupon, at 1:51 p.m., the Subcommittee was adjourned.]