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MARKUP
BEFORE THE
COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES
ONE HUNDRED NINTH CONGRESS
SECOND SESSION
ON
H.R. 3127
MARCH 8, 2006
(
Available via the World Wide Web: http://www.house.gov/internationalrelations
26439PDF
2006
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(II)
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CONTENTS
Page
MARKUP OF
H.R. 3127, To impose sanctions against individuals responsible for genocide,
war crimes, and crimes against humanity, to support measures for the
protection of civilians and humanitarian operations, and to support peace
efforts in the Darfur region of Sudan, and for other purposes .........................
Amendment in the Nature of a Substitute to H.R. 3127 offered by the
Honorable Henry J. Hyde, a Representative in Congress from the State
of Illinois, and Chairman, Committee on International Relations ...............
2
23
50
53
APPENDIX
The Honorable Gregory W. Meeks, a Representative in Congress from the
State of New York: Prepared statement ............................................................
55
(III)
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HOUSE OF REPRESENTATIVES,
COMMITTEE ON INTERNATIONAL RELATIONS,
Washington, DC.
The Committee met, pursuant to notice, at 10:13 a.m. in room
2172, Rayburn House Office Building, Hon. Henry J. Hyde (Chairman of the Committee) presiding.
Chairman HYDE. The Committee will come to order. Pursuant to
notice, I call up the bill, H.R. 3127, The Darfur Peace and Accountability Act, for purposes of markup and move its favorable recommendation to the House. Without objection, the bill will be considered as read, and the amendment in the nature of a substitute,
which all of the Members have before them, will be considered as
read and adopted.
[The information referred to follows:]
(1)
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109TH CONGRESS
1ST SESSION
H. R. 3127
A BILL
To impose sanctions against individuals responsible for genocide, war crimes, and crimes against humanity, to support measures for the protection of civilians and humanitarian operations, and to support peace efforts in the
Darfur region of Sudan, and for other purposes.
1
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2
1
SEC. 2. DEFINITIONS.
In this Act:
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.The
(2) GOVERNMENT
(A) IN
OF SUDAN.
GENERAL.The
term Government
10
11
12
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15
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(B) OFFICIALS
OF THE GOVERNMENT OF
21
SUDAN.The
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individual
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HR 3127 IH
3
1
(3)
MENT.The
SUDAN
NORTH-SOUTH
term
Sudan
PEACE
North-South
AGREE-
Peace
SEC. 3. FINDINGS.
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still be occurring.
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the Janjaweed.
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Sudan.
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25, 2005.
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[S]tatute.
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HR 3127 IH
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9
1
Darfur region;
genocide,
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and
notwithstanding
the
American
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HR 3127 IH
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cease
attacks
upon
civilians,
demobilize
the
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Sudan for a period of not less than five years for the
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(10)
the
international
community
should
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HR 3127 IH
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11
1
10
11
Darfur region.
12
13
(a) BLOCKING
OF
ASSETS
AND
RESTRICTION
ON
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19
20
21
22
23
OF THE
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HR 3127 IH
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12
1
(c) BLOCKING
2 VISAS
OF
OF
ASSETS
AND
RESTRICTION
ON
BY THE
3 PRESIDENT.
4
(1) BLOCKING
OF ASSETS.Beginning
on the
10
11
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(2) RESTRICTION
ON VISAS.Beginning
on
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HR 3127 IH
14
13
1
1, 2002..
6 Peace in Sudan Act of 2004 (as redesignated by sub7 section (a)) is amended by adding at the end the following
8 new sentence: The President may waive the application
9 of paragraph (1) or (2) of subsection (c) with respect to
10 an individual if, prior to exercising the waiver, the Presi11 dent transmits to the appropriate congressional commit12 tees a notification of the waiver which includes the name
13 of the individual and the reasons for the waiver..
14
15
16
TO
SUPPORT
21
22
and
23
24
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HR 3127 IH
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14
1
(b) ASSISTANCE
TO
SUPPORT AMIS.Notwith-
2 standing any other provision of law, the President is au3 thorized to provide assistance, on such terms and condi4 tions as the President may determine and in consultation
5 with the appropriate congressional committees, to rein6 force the deployment and operations of an expanded Afri7 can Union Mission in Sudan (AMIS) with the mandate,
8 size, strength, and capacity to protect civilians and hu9 manitarian operations, stabilize the Darfur region of
10 Sudan and, as necessary, dissuade and deter air attacks
11 directed against civilians and humanitarian workers, in12 cluding but not limited to providing assistance in the areas
13 of logistics, transport, communications, materiel support,
14 technical assistance, training, command and control, aerial
15 surveillance, and intelligence..
16
TO
SUPPORT AMIS.The
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HR 3127 IH
16
15
1 tation, communications, training, technical assistance,
2 command and control, aerial surveillance, and intelligence
3 support.
4
5
(c) DENIAL
TO
ENTRY
AT
OR
OIL TANKERS.Section
OF
(d) PROHIBITION
14 VIOLATION
OF
ON
ASSISTANCE
TO
COUNTRIES
IN
17
18
19
20
21
22
29, 2005).
23
24
25
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HR 3127 IH
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1
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Sudan,
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the
Sudan
Liberation
Movement/Army
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HR 3127 IH
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1
Darfur region;
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HR 3127 IH
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18
1
Darfur region.
SEC. 8. REPORTS.
(a) REPORT
IN
ON
SANCTIONS
IN
SUPPORT
OF
PEACE
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11
12
(c) REPORT
13
IN
ON
SANCTIONS
IN
SUPPORT
OF
PEACE
24
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(2) the name of the individual or entity subject to the sanction, if applicable..
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HR 3127 IH
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1
(b) REPORT
ON
STABILIZATION
IN
SUDAN.Not
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workers; and
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essary.
21
SEC. 9. DEFINITION.
22
IN
SUDAN ACT
OF
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HR 3127 IH
21
20
1
(2) GOVERNMENT
(A) IN
OF SUDAN.
GENERAL.The
term Govern-
10
11
12
13
14
(B) OFFICIALS
OF THE GOVERNMENT OF
15
SUDAN.The
16
17
18
individual
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20
21
22
23
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HR 3127 IH
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21
1
(b) GOVERNMENT
OF
2 section, the term Government of Sudan means the Na3 tional Congress Party, formerly known as the National Is4 lamic Front, government in Khartoum, Sudan, or any suc5 cessor government formed on or after the date of the en6 actment of the Darfur Peace and Accountability Act of
7 2005 (including the coalition National Unity Government
8 agreed upon in the Comprehensive Peace Agreement for
9 Sudan, signed in Nairobi, Kenya on January 9, 2005),
10 except that such term does not include the Government
11 of Southern Sudan. Such term, when used with respect
12 to an official of the Government of Sudan, does not in13 clude an individual who was not a member of such govern14 ment prior to July 1, 2005, or an individual who is a mem15 ber of the Government of Southern Sudan..
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HR 3127 IH
23
H.L.C.
AMENDMENT
IN THE
TO
OFFERED
BY
NATURE
OF A
SUBSTITUTE
H.R. 3127
MR. HYDE
OF
ILLINOIS
(b) TABLE
OF
SEC. 2. DEFINITIONS.
In this Act:
8
9
(1) APPROPRIATE
TEES.The
CONGRESSIONAL
COMMIT-
10
11
12
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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
24
H.L.C.
2
1
(2) GOVERNMENT
(A) IN
term Government
10
11
12
Sudan.
(B) OFFICIALS
OF THE GOVERNMENT OF
14
SUDAN.The
15
16
17
individual
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19
20
21
23
SUDAN.The
24
25
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GENERAL.The
13
OF SUDAN.
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H.L.C.
3
1
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H.L.C.
the Janjaweed.
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Sudan.
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tent.
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H.L.C.
the Court.
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H.L.C.
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1
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tionality Act;
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(AMIS) is increasing;
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25
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H.L.C.
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1
(13)
the
international
community
should
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11
12
13
14
15
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17
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23
(a) BLOCKING
OF
ASSETS
AND
RESTRICTION
ON
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H.L.C.
13
1 Act of 2004 (Public Law 108497; 50 U.S.C. 1701 note)
2 is amended
3
6
7
8
9
10
OF THE
11 VISAS
OF
OF
ASSETS
AND
RESTRICTION
ON
BY THE
12 PRESIDENT.
(1) BLOCKING
OF ASSETS.Beginning
on the
14
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22
23
24
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36
H.L.C.
14
1
1, 2002.
(2) RESTRICTION
ON VISAS.Beginning
on
10
11
12
13
14
2002..
15
16 Peace in Sudan Act of 2004 (as redesignated by sub17 section (a)) is amended by adding at the end the following
18 new sentence: The President may waive the application
19 of paragraph (1) or (2) of subsection (c) with respect to
20 an individual if the President determines that such a waiv21 er is in the national interests of the United States and,
22 prior to exercising the waiver, transmits to the appropriate
23 congressional committees a notification which includes the
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H.L.C.
15
1
2
11
12
TO
SUPPORT
17
18
and
19
20
section:
21
(b) ASSISTANCE
TO
SUPPORT AMIS.Notwith-
22 standing any other provision of law, the President is au23 thorized to provide assistance, on such terms and condi24 tions as the President may determine and in consultation
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H.L.C.
16
1 force the deployment and operations of an expanded Afri2 can Union Mission in Sudan (AMIS) with the mandate,
3 size, strength, and capacity to protect civilians and hu4 manitarian operations, stabilize the Darfur region of
5 Sudan and dissuade and deter air attacks directed against
6 civilians and humanitarian workers, including but not lim7 ited to providing assistance in the areas of logistics, trans8 port, communications, materiel support, technical assist9 ance, training, command and control, aerial surveillance,
10 and intelligence..
11
SUPPORT AMIS.The
TO
25
(c) DENIAL
TO
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ENTRY
AT
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39
H.L.C.
17
1
(1) IN
GENERAL.The
10
11
12
13
14
15
16
17
18
19
20
21
(d) PROHIBITION
22 VIOLATION
OF
ON
ASSISTANCE
TO
COUNTRIES
IN
24
25
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H.L.C.
19
Sudan,
10
11
12
13
14
15
the
Sudan
Liberation
Movement/Army
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17
18
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20
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22
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24
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1
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(a) CONTINUATION
OF
RESTRICTIONS.Restrictions
23 against the Government of Sudan that were imposed pur24 suant to Executive Order 13067 of November 3, 1997 (62
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H.L.C.
21
1 527, and 569 of the Foreign Operations, Export Financ2 ing, and Related Programs Appropriations Act, 2006, or
3 any other similar provision of law, shall remain in effect
4 and shall not be lifted pursuant to such provisions of law
5 until the President transmits to the appropriate congres6 sional committees a certification that the Government of
7 Sudan is acting in good faith to
8
region of Sudan;
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including by
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[The prepared statement of Mr. Hyde follows:]
PREPARED STATEMENT OF THE HONORABLE HENRY J. HYDE, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF ILLINOIS, AND CHAIRMAN, COMMITTEE ON INTERNATIONAL RELATIONS
Ladies and gentleman, despite eight rounds of peace talks, the deployment more
than to 6,000 African Union troops and monitors, the passage of six United Nations
Security Council Resolutions, and declarations of genocide by the United States
Congress and the Administration of President Bush, the crisis in the Darfur region
of western Sudan continues.
No one knows precisely how many Darfurians have perished as a result of the
genocide, but estimates range from 180,000 to 400,000, and as many as 10,000 people continue to die each month. Over two million Dafurians have been forced from
their homes, entire villages have been looted and destroyed, and countless men,
women and children have been victims of abduction, torture, and rape.
It is against this backdrop that the Darfur Peace and Accountability Act, H.R.
3127, was introduced last June. As introduced, the DPAA attempts to expand
upon the existing Comprehensive Peace in Sudan Act of 2004 (the CPSA), by authorizing specific measures to promote peace and accountability in Darfur.
First, H.R. 3127 confers upon the President, notwithstanding any other provision
of law, the authority to provide assistance to reinforce the deployment and operations of an expanded African Union Mission in Sudan (AMIS), with the mandate,
size, strength and capacity to protect civilians and humanitarian operations and stabilize Darfur. Further, the bill calls on the international community, including the
UN, the European Union (EU), and the North Atlantic Treaty Organization (NATO),
to immediately mobilize political, military and financial resources to support the expansion of the African Mission in Sudan, and directs the U.S. Permanent Representative to NATO to advocate for NATO reinforcement of such an expanded African
Union mission in keeping with current Administration policy.
Next, the bill amends the Comprehensive Peace in Sudan Act to impose targeted
sanctions against individual perpetrators of genocide, war crimes, or crimes against
humanity in Darfur, rather than sanctioning the new Government of National Unity
in general.
H.R. 3127 also prohibits the provision of non-humanitarian U.S. assistance to nations violating the military and arms embargo imposed pursuant to UN Security
Council resolutions 1556 and 1591, calls for the suspension of Sudans membership
in the United Nations, and encourages President Bush to deny entry at U.S. ports
to certain Sudanese cargo ships or oil tankers if the Government of Sudan fails to
take specified measures in Darfur.
Though the core principles of the bill, as introduced, remain unchanged, the substitute amendment before you reflects the outcome of intense bipartisan, bicameral
negotiations over the past eight months. The substitute amendment includes the following notable changes:
It adds a new Section 5(c) to encourage the imposition of targeted sanctions
against Janjaweed commanders and coordinators;
It modifies Section 6(c) with regard to the denial of entry at U.S. ports to Sudanese cargo ships and oil tankers to create an exception for vessels involved
in an internationally-recognized demobilization program or the shipment of
non-lethal assistance necessary for implementation of the Comprehensive
Peace Agreement;
It adds a new Section 7(4) to call for the extension of the military embargo
established pursuant to UN Security Council Resolutions 1556 (July 30, 2004)
and 1591 (March 29, 2005) to include the Government of Sudan;
It adds a new Section 8, regarding the Continuation of Restrictions, such that
restrictions imposed against Sudan pursuant to Executive Order 13067 and/
or the Foreign Operations, Export Financing, and Related Programs Act of
2006, shall remain in effect and shall not be lifted until the President certifies
to Congress that the Government of Sudan is acting in good faith to: (1)
peacefully resolve the crisis in Darfur; (2) disarm, demobilize and demilitarize
the Janjaweed; (3) adhere to UN Security Council Resolutions; (4) negotiate
a peaceful resolution to the crisis in eastern Sudan; (5) cooperate with efforts
to disarm and deny safe haven to the Lords Resistance Army; and (6) fully
implement the terms of the Comprehensive Peace Agreement;
It adds a new Section 9, to amend the International Malaria Control Act (50
USC 170 note), thereby clarifying the definition of areas outside the control
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of the Government of Sudan and specifying notification requirements for assistance provided by the United States Government to Sudan pursuant to
that Act ; and
Adds a new Section 11, regarding the preemption of State laws that prohibit
investment of State pension funds in Sudan.
Again, this substitute amendment is the result of eight months of negotiation and
represents a truly bipartisan compromise. I strongly encourage your support of this
amendment and the underlying bill so that we can, at long last, get this important
piece of legislation to the House Floor and resolve any remaining differences with
the Senate.
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Wolf has been a true warrior in the problems of Sudan for decades,
and I would certainly like to express my appreciation to him.
I have some lingering questions on certain provisions. The main
question was whether the exemption we provided to sanctions in
our Executive Order 13067 for the South and the marginalized
areas applies to both exports and imports, the way it is written. We
received assurances from Chairman Hydes office that this was the
case, and we take assurances at face value that, indeed, it is both
imports and exports, which is a very important technicality.
Again, this day was a long time coming, but I am glad that we
are finally marking up this bill. We must hold accountable those
persons who are responsible for genocide at all levels, especially at
the highest level, in the National Congress Party, to ensure that
they are not free to commit these atrocities again. We think this
is a first step in the right direction.
High school students, college students, religious groups, state
governments, people are expressing their indignation that we cannot allow genocide to continue, and so we hope that this will move
the Government of Sudan to act responsibly, but if it does not, I
think we need to look at additional legislation with no-fly zones,
with perhaps combat planes to ensure that the Government of
Sudan does not continue to use its gun ships and planes to kill and
maim people and that we would also hope to see an increase in a
more robust UN-NATO organization under the leadership of the
African Union, and we have to bring the perpetrators of the injustice to justice. That is something that must be done.
Thank you, Mr. Chairman. I appreciate the opportunity to speak
on this bill.
Chairman HYDE. Thank you, Mr. Payne. The Chair will recognize two more Members for short remarks, and then we move to
the hearing on Iran. Mr. Chris Smith of New Jersey.
Mr. SMITH OF NEW JERSEY. Thank you very much, Mr. Chairman. I want to thank you, Chairman Hyde, and Ranking Member
Payne for their efforts in helping to draft H.R. 3127, as well as my
staff, Greg Simpkins, who did yeomans work on ensuring that the
language really fit the compelling needs of people who are facing
genocide in Darfur.
There was some real flexibility on the part of several Members
of our Subcommittee and the Full Committee on making changes
in the bill. As you know, Mr. Chairman, we marked this bill up last
July, and there have been many changes on the ground in Darfur,
and we have tried to accommodate those, and one of those is calling
on the President to immediately consider imposing sanctions
against the Janjaweed commanders and their coordinators who are
identified by the former Ambassador-at-Large for War Crimes for
their terrible misdeeds that they have committed. And, of course,
this legislation, at the core of it is the amending of the Comprehensive Peace Act with Sudan of 2004 to block the assets and to restrict the travel of any individual whom the President has determined is responsible, whether by commission or omission, for acts
of genocide, war crimes, or crimes against humanity in the Darfur
region.
I would just point out to my colleagues that Greg Simpkins and
I did visit Darfur last August. We went to Komo camp. We went
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to the other camp called Mukjar, and it was so clear to us that people were within a kilometer of being apprehended, in the case of
the women, raped or murdered, as well as the men. That is how
clear and present the danger was and continues to be for the people of Darfur.
I would point out to my colleagues that we plan on a trip, beginning on April 17, and I would invite any Member of the Subcommittee or Full Committee to join us, to Darfur, to Juba, and to
Khartoum, and we hope to meet with President Bashir. I met with
him last August, again, and had a very, very contentious meeting.
This is a man who, regrettably and sadly, has turned a blind eye
to the international community as we have raised issues, first in
the south of Sudan, where some 2 million people have been killed,
and now in Darfur, where something on the order of 400,000 people
have been killed.
I would ask unanimous consent that a full statement that I have
prepared, Mr. Chairman, be made a part of the record. It is a very
good bill. It does not do everything, but it is a very, very good step
in the right direction. Thank you for your authorship.
Chairman HYDE. Without objection, so ordered.
[The prepared statement of Mr. Smith follows:]
PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY AND VICE CHAIRMAN, COMMITTEE ON INTERNATIONAL RELATIONS
Id like to thank Chairman Hyde for his leadership in drafting and offering this
legislation, for his graciousness and flexibility in negotiations with fellow legislators
on alterations to this bill, and in his willingness to find creative ways to get HR
3127 passed and enacted into law.
This House has devoted a great deal of time to addressing the needs of suffering
people in Sudan over the years. Weve held hearings on the civil war, slavery, and
genocide in Darfur. Weve visited Sudan to speak with the government, met with
various groups fighting the government, and supported humanitarian organizations
trying desperately to meet the critical and growing needs of the Sudanese people.
Most recently, weve focused on supporting the African Union force that has tried
heroically to address the rampant violence in Darfur.
Sudan presents policymakers with a complex set of priorities. Both the Administration and the Congress concentrated a great deal of its attention on ending the
North-South civil war, and our efforts were successful in not only concluding the
fighting, but also in facilitating the Comprehensive Peace Agreement that includes
a revenue provision for sharing the profits from resources with the Southern Sudanese.
That issue of resource allocation was part of the trigger for the fighting in Darfur,
but was only one of the causes of the conflict. The Darfur conflict also has its roots
in religious, ethnic and economic differences between the people of Darfur and the
government in Khartoum. The conflict is based on recent political developments in
other parts of Sudan, but it also is based on historic conflicts between nomads and
farmers. The two rebel movements, both of which are splintering, are terrorizing the
population just as much as the Janjaweed. Add to their ranks rebels from Chad,
and tribesmen engaged in localized conflicts and bandits. There are members of the
National Congress Party in the Sudanese government who are guilty of complicity
in genocide, but that government also includes members of the Sudanese Peoples
Liberation Movement, who joined the government as part of the peace agreement
last year.
In addressing this complex situation, our Committee members have had to adapt
to the changing circumstances in updating H.R. 3127. However, we must keep in
mind that this bill was not designed to meet all possible circumstances. The main
intent of this legislation is to punish those Sudanese government officials who were
involved in the genocide in Darfur as part of an overall effort to bring peace to that
region. It was written before the Government of National Unity was inaugurated.
It was written before it became clear that the African Union forces needed additional assistance to protect the people of Darfur and those who would help them.
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Consequently, I would strongly urge my colleagues to pass this legislation without
further changes and support its passage on the floor of this House. We will have
to reconcile this legislation with the bill passed late last year by the Senate, and
it is in that conference forum that we can make necessary adjustments. If we continue to tinker with this bill, it may never be passed because there are so many
Members in the House who have a strong interest in meeting the needs of Sudan
generally and Darfur in particular.
After all this time weve spent on HR 3127, it is now time to move it forward,
making our priorities known to the Administration, to the Government of Sudan
and its opponents, and to the international community on how we believe the
Darfur crisis should be handled.
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MATERIAL SUBMITTED
FOR THE
HEARING RECORD
(55)
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