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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

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 
(II)

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 

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 

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 

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 
(III)

C O N T E N T S 

Page

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 ................................................................................................................ 2

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 ................................................................................... 15

Amendment #2 to H.R. 2760 offered by the Honorable Edward R. Royce ...... 17

Amendment to H.R. 2760 offered by the Honorable Barbara Lee, a Representative in Congress from the State of California .................................... 19

(1)

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:]
2

1

I

108TH CONGRESS

1ST SESSION 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.

IN THE HOUSE OF REPRESENTATIVES

JULY 16, 2003

Mr. LANTOS (for himself and Mr. PAYNE) introduced the following bill; which

was referred to the Committee on International Relations

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Resolution of the

5 Ethiopa–Eritrea Border Dispute Act of 2003’’.
3

2

•HR 2760 IH

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) ALGIERS AGREEMENTS.—The term ‘‘Algiers

4 Agreements’’ means the Cessation of Hostilities

5 Agreement and the Comprehensive Peace Agree6 ment.

7 (2) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means the Committee on International Re10 lations of the House of Representatives and the

11 Committee on Foreign Relations of the Senate.

12 (3) CESSATION OF HOSTILITIES AGREEMENT.—

13 The term ‘‘Cessation of Hostilities Agreement’’

14 means the Agreement on the Cessation of Hostilities

15 signed on June 18, 2000, in Algiers, Algeria, by the

16 Government of Ethiopia and the Government of Eri17 trea that established a temporary demilitarized secu18 rity zone within Eritrea to be enforced by the United

19 Nations Peacekeeping Mission in Ethiopia and Eri20 trea (UNMEE).

21 (4) COMPREHENSIVE PEACE AGREEMENT.—The

22 term ‘‘Comprehensive Peace Agreement’’ means the

23 agreement signed on December 12, 2000, in Algiers,

24 Algeria, by the Government of Ethiopia and the

25 Government of Eritrea, under the auspices of the

26 Organization of African Unity (OAU), that provided
4

3

•HR 2760 IH

1 for an end to military hostilities between the two

2 countries, assurances by the countries to refrain

3 from the threat or use of force against each other,

4 and established a neutral Boundary Commission to

5 delimit and demarcate the border between the two

6 countries.

7 (5) ECONOMIC ASSISTANCE.—The term ‘‘eco8 nomic assistance’’ means—

9 (A) assistance under chapter 1 of part I of

10 the Foreign Assistance Act of 1961 (relating to

11 development assistance); and

12 (B) assistance under chapter 4 of part II

13 of the Foreign Assistance Act of 1961 (relating

14 to economic support fund assistance).

15 (6) MILITARY ASSISTANCE AND ARMS TRANS16 FERS.—The term ‘‘military assistance and arms

17 transfers’’ means—

18 (A) assistance under chapter 2 of part II

19 of the Foreign Assistance Act of 1961 (relating

20 to military assistance), including the transfer of

21 excess defense articles under section 516 of that

22 Act;

23 (B) assistance under chapter 5 of part II

24 of the Foreign Assistance Act of 1961 (relating

25 to international military education and training
5

4

•HR 2760 IH

1 or ‘‘IMET’’), including military education and

2 training for civilian personnel under section 541

3 of that Act (commonly referred to as ‘‘Ex4 panded IMET’’); and

5 (C) assistance under the ‘‘Foreign Military

6 Financing’’ Program under section 23 of the

7 Arms Export Control Act and the transfer of

8 defense articles, defense services, design and

9 construction services, or any other defense-re10 lated training under that Act.

11 SEC. 3. FINDINGS.

12 Congress makes the following findings:

13 (1) On May 6, 1998, a conflict erupted between

14 Ethiopia and Eritrea, two of the world’s poorest

15 countries.

16 (2) The two-year war claimed 100,000 lives,

17 displaced more than 1,000,000 people, cost Ethiopia

18 more than $2,900,000,000, and caused a 62 percent

19 decline in food production in Eritrea.

20 (3) Millions of dollars were diverted from much

21 needed development projects into military activities

22 and weapons procurements at a time when severe

23 drought threatened a famine in both Ethiopia and

24 Eritrea, as bad as the famine in 1984 in those coun25 tries, putting more than 13,000,000 lives at risk.
6

5

•HR 2760 IH

1 (4) On June 18, 2000, Prime Minister Meles

2 Zenawi of the Federal Democratic Republic of Ethi3 opia and President Issaias Afewerki of the State of

4 Eritrea signed the Cessation of Hostilities Agree5 ment in Algiers, Algeria. On December 12, 2000,

6 the two countries also signed the Comprehensive

7 Peace Agreement in Algiers under the auspices of

8 the Organization of African Unity (OAU) and in the

9 presence of United Nations Secretary General Kofi

10 Annan and President Abdel-Aziz Boutheflika of Al11 geria.

12 (5) Article 4.2 of the Comprehensive Peace

13 Agreement states the following: ‘‘The parties agree

14 that a neutral Boundary Commission composed of

15 five members shall be established with a mandate to

16 delimit and demarcate the colonial treaty border [be17 tween the two countries] based on pertinent colonial

18 treaties (1900, 1902 and 1908) and applicable inter19 national law.’’.

20 (6) Article 4.15 of the Comprehensive Peace

21 Agreement states the following: ‘‘The parties agree

22 that the delimitation and demarcation determina23 tions of the Commission shall be final and binding.

24 Each party shall respect the border so determined,
7

6

•HR 2760 IH

1 as well as territorial integrity and sovereignty of the

2 other party.’’.

3 (7)(A) The President of the United Nations Se4 curity Council, on behalf of the Security Council,

5 confirmed the Security Council’s endorsement of the

6 terms and conditions of the Algiers Agreements,

7 with special reference to the neutral Boundary Com8 mission described in Article 4.2 of the Comprehen9 sive Peace Agreement and its mandate.

10 (B) In addition, the Security Council reaffirmed

11 its support for the Algiers Agreements in United

12 Nations Security Council Resolution 1308 (July 17,

13 2000), 1312 (July 31, 2000), 1320 (September 15,

14 2000), 1344 (March 15, 2001), 1369 (September

15 14, 2001), 1398 (March 15, 2002), 1430 (August

16 14, 2002), 1434 (September 6, 2002), and 1466

17 (March 14, 2003).

18 (8) On April 13, 2002, the neutral Boundary

19 Commission announced its ‘‘Delimitation Decision’’,

20 reiterating that both parties had agreed that it

21 would be ‘‘final and binding’’.

22 (9) Following the decision of the Boundary

23 Commission that the heavily disputed town of

24 Badme would be zoned to the Eritrean side of the

25 new border, Foreign Minister Seyoum Mesfin of
8

7

•HR 2760 IH

1 Ethiopia announced on April 15, 2003, that ‘‘[n]o2 one expects the [G]overnment of Ethiopia to accept

3 these mistakes committed by the Commission’’. Fur4 ther, the Ethiopian Ministry of Information released

5 a statement accusing the Boundary Commission of

6 an ‘‘unfair tendency’’ in implementing the border

7 ruling and ‘‘misinterpreting’’ the Algiers Agree8 ments.

9 (10) In his March 6, 2003, ‘‘Progress Report’’

10 to the United Nations Security Council, Secretary

11 General Kofi Annan reported that Prime Minister

12 Zenawi of Ethiopia had expressed to his Special

13 Representative, Legwaila Joseph Legwaila, that ‘‘if

14 its concerns were not adequately addressed Ethiopia

15 might eventually reject the demarcation-related deci16 sions of the Commission’’.

17 (11) The independent Boundary Commission

18 has investigated, reviewed, and rejected Ethiopia’s

19 claims with respect to the village of Badme, and in

20 a report issued on March 21, 2003, stated that,

21 based on the boundary line from the 1902 treaty be22 tween the two countries that was used as the ref23 erence under the terms of the Algiers Agreements,

24 the evidence submitted by the Government of Ethi25 opia to support its claim was ‘‘inadequate and incon-
9

8

•HR 2760 IH

1 sistent’’ and the Commission ‘‘cannot allow one

2 party to claim a territorial right, to insist on adjust3 ments of parts of the boundary which that party

4 finds disadvantageous’’.

5 SEC. 4. SENSE OF CONGRESS.

6 It is the sense of Congress that both Ethiopia and

7 Eritrea should take all appropriate actions to implement

8 the Algiers Agreements, including by accepting the ‘‘De9 limitation Decision’’ issued by the neutral Boundary Com10 mission on April 13, 2002, with respect to the boundary

11 between the two countries.

12 SEC. 5. DECLARATIONS OF POLICY.

13 Congress makes the following declarations:

14 (1) Congress expresses its support for the

15 Boundary Commission established by the Com16 prehensive Peace Agreement and calls on the inter17 national community to continue to support the

18 United Nations trust fund established to facilitate

19 the process of demarcation between Ethiopia and

20 Eritrea and the economic and social transition of af21 fected communities to new borders determined by

22 the Commission.

23 (2) Congress further declares that it shall be

24 the policy of the United States to limit United

25 States assistance for Ethiopia or Eritrea if either
10

9

•HR 2760 IH

1 such country is not in compliance with, or is not

2 taking significant steps to comply with, the terms

3 and conditions of the Algiers Agreements.

4 (3) Congress strongly condemns recent state5 ments by senior Ethiopian officials criticizing the

6 Boundary Commission’s decision and calls on the

7 Government of Ethiopia to immediately end its in8 transigence and fully cooperate with the Commis9 sion.

10 SEC. 6. LIMITATIONS ON UNITED STATES ASSISTANCE.

11 (a) LIMITATION ON ECONOMIC ASSISTANCE.—Eco12 nomic assistance may only be provided for Ethiopia or Eri13 trea for any period of time for which the President deter14 mines that Ethiopia or Eritrea (as the case may be) is

15 in compliance with, or is taking significant steps to comply

16 with, the terms and conditions of the Algiers Agreements.

17 (b) LIMITATION ON MILITARY ASSISTANCE AND

18 ARMS TRANSFERS.—Military assistance and arms trans19 fers may only be provided for Ethiopia or Eritrea for any

20 period of time for which the President determines that

21 Ethiopia or Eritrea (as the case may be) is in compliance

22 with, or is taking significant steps to comply with, the

23 terms and conditions of the Algiers Agreements.

24 (c) EXCEPTIONS.—The limitation on assistance

25 under subsections (a) and (b) shall not apply with respect
11

10

•HR 2760 IH

1 to humanitarian assistance (such as food or medical as2 sistance), peacekeeping assistance, counterterrorism ini3 tiatives, assistance to protect or promote human rights,

4 and assistance to prevent, treat, and control HIV/AIDS.

5 (d) WAIVER.—The President may waive the applica6 tion of subsection (a) or (b) with respect to Ethiopia or

7 Eritrea if the President determines that it is in the na8 tional security interests of the United States to do so.

9 SEC. 7. REPORT.

10 Until the date on which the border demarcation be11 tween Ethiopia and Eritrea is finalized, the President

12 shall prepare and transmit on a regular basis to the appro13 priate congressional committees a report that contains a

14 description of progress being made toward such demarca15 tion, including the extent to which Ethiopia and Eritrea

16 are in compliance with, or are taking significant steps to

17 comply with, the terms and conditions of the Algiers

18 Agreements.

Æ
12

Mr. ROYCE. I would like to make an opening statement. 

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. 

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 zerosum 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 
13

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. 

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. 

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 
14

their action. Ethiopia and Eritrea can ill afford to go to war, especially in light of the enormous humanitarian crises in both countries. 

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:]
15

1

H.L.C.

AMENDMENT TO H.R. 2760

OFFERED BY MR. ROYCE

Page 6, lines 12 and 13, strike ‘‘1308 (July 17,

2000),’’.

Page 7, line 14, strike ‘‘adequately’’ and insert

‘‘properly’’.
16

Mr. ROYCE. I am going to recognize myself now to explain this 

amendment. 

The amendment is technical in nature, it simply corrects a misreference 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. 

[The amendment of Mr. Royce follows:]
17

1

H.L.C.

AMENDMENT TO H.R. 2760

OFFERED BY MR. ROYCE

Page 7, strike line 17 and all that follows through

page 8, line 4, and insert the following:

1 (11) On September 19, 2003, Prime Minister

2 Zenawi wrote to United Nations Secretary General

3 Kofi Annan and stated: ‘‘As the Commission’s deci4 sions could inevitably lead the two countries into an5 other round of fratricidal war, the Security Council

6 has an obligation, arising out of the UN Charter, to

7 avert such a threat to regional peace and stability.’’.

8 (12) On October 3, 2003, the United Nations

9 Security Council wrote to Prime Minister Zenawi

10 and stated: ‘‘The members of the Security Council

11 therefore wish to convey to you their deep regret at

12 the intention of the government of Ethiopia not to

13 accept the entirety of the delimitation and demarca14 tion decision as decided by the boundary commis15 sion. They note in particular, that Ethiopia has com16 mitted itself under the Algiers Agreements to accept

17 the boundary decision as final and binding.’’.
18

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. 

[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:]
19

1

H.L.C.

AMENDMENT TO H.R. 2760

OFFERED BY MS. LEE

Page 10, after line 8, insert the following:

1 SEC. 7. INTEGRATION AND BORDER DEVELOPMENT INITIA2 TIVE.

3 (a) ASSISTANCE.—After the date on which the border

4 demarcation between Ethiopia and Eritrea is finalized

5 (consistent with the decision of the Eritrea–Ethiopia

6 Boundary Commission), the President shall establish and

7 carry out an initiative in conjunction with the Govern8 ments of Ethiopia and Eritrea under which assistance is

9 provided to reduce the adverse humanitarian impacts on

10 the populations of the border region, prevent conflict

11 which might result from the demarcation process, and fur12 ther social and economic development projects that are

13 identified and evaluated by local authorities to establish

14 sustainable integration, development, and trade at the bor15 der region.

16 (b) PROJECT EXAMPLES.—Examples of development

17 projects referred to in subsection (a) are—

18 (1) startup initiatives, including farming

19 projects, to promote community economic develop20 ment and the free flow of trade across the border be21 tween the two countries;
20

2

H.L.C.

1 (2) generous compensation packages for fami2 lies displaced by the border demarcation and support

3 for relocation;

4 (3) effective mechanisms for managing move5 ment of persons across the border between the two

6 countries;

7 (4) an increase in the supply of basic services

8 in the border region, including water, sanitation,

9 housing, health care, and education; and

10 (5) support for local efforts to reinforce peace

11 and reconciliation in the border region.

Page 10, line 9, redesignate section 7 as section 8.
21

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. 

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. 

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? 
22

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. 

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. 

{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.]

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