108TH CONGRESS

2D SESSION H. R. 2760

AN ACT

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.
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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 Ethi5 opia–Eritrea Border Dispute Act of 2004’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:

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

9 Agreements’’ means the Cessation of Hostilities

10 Agreement and the Comprehensive Peace Agree11 ment.

12 (2) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional com14 mittees’’ means the Committee on International Re15 lations of the House of Representatives and the

16 Committee on Foreign Relations of the Senate.

17 (3) CESSATION OF HOSTILITIES AGREEMENT.—

18 The term ‘‘Cessation of Hostilities Agreement’’

19 means the Agreement on the Cessation of Hostilities

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

21 Government of Ethiopia and the Government of Eri22 trea that established a temporary demilitarized secu23 rity zone within Eritrea to be enforced by the United

24 Nations Peacekeeping Mission in Ethiopia and Eri25 trea (UNMEE).
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1 (4) COMPREHENSIVE PEACE AGREEMENT.—The

2 term ‘‘Comprehensive Peace Agreement’’ means the

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

4 Algeria, by the Government of Ethiopia and the

5 Government of Eritrea, under the auspices of the

6 Organization of African Unity (OAU), that provided

7 for an end to military hostilities between the two

8 countries, assurances by the countries to refrain

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

10 and established a neutral Boundary Commission to

11 delimit and demarcate the border between the two

12 countries.

13 (5) ECONOMIC ASSISTANCE.—The term ‘‘eco14 nomic assistance’’ means—

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

16 the Foreign Assistance Act of 1961 (relating to

17 development assistance); and

18 (B) assistance under chapter 4 of part II

19 of the Foreign Assistance Act of 1961 (relating

20 to economic support fund assistance).

21 (6) MILITARY ASSISTANCE AND ARMS TRANS22 FERS.—The term ‘‘military assistance and arms

23 transfers’’ means—

24 (A) assistance under chapter 2 of part II

25 of the Foreign Assistance Act of 1961 (relating
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1 to military assistance), including the transfer of

2 excess defense articles under section 516 of that

3 Act;

4 (B) assistance under chapter 5 of part II

5 of the Foreign Assistance Act of 1961 (relating

6 to international military education and training

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

8 training for civilian personnel under section 541

9 of that Act (commonly referred to as ‘‘Ex10 panded IMET’’); and

11 (C) assistance under the ‘‘Foreign Military

12 Financing’’ Program under section 23 of the

13 Arms Export Control Act and the transfer of

14 defense articles, defense services, design and

15 construction services, or any other defense-re16 lated training under that Act.

17 SEC. 3. FINDINGS.

18 Congress makes the following findings:

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

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

21 countries.

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

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

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

25 decline in food production in Eritrea.
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1 (3) Millions of dollars were diverted from much

2 needed development projects into military activities

3 and weapons procurements at a time when severe

4 drought threatened a famine in both Ethiopia and

5 Eritrea, as bad as the famine in 1984 in those coun6 tries, putting more than 13,000,000 lives at risk.

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

8 Zenawi of the Federal Democratic Republic of Ethi9 opia and President Isaias Afewerki of the State of

10 Eritrea signed the Cessation of Hostilities Agree11 ment in Algiers, Algeria. On December 12, 2000,

12 the two countries also signed the Comprehensive

13 Peace Agreement in Algiers under the auspices of

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

15 presence of United Nations Secretary General Kofi

16 Annan and President Abdel-Aziz Boutheflika of Al17 geria.

18 (5) Article 4.2 of the Comprehensive Peace

19 Agreement states the following: ‘‘The parties agree

20 that a neutral Boundary Commission composed of

21 five members shall be established with a mandate to

22 delimit and demarcate the colonial treaty border [be23 tween the two countries] based on pertinent colonial

24 treaties (1900, 1902 and 1908) and applicable inter25 national law.’’.
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1 (6) Article 4.15 of the Comprehensive Peace

2 Agreement states the following: ‘‘The parties agree

3 that the delimitation and demarcation determina4 tions of the Commission shall be final and binding.

5 Each party shall respect the border so determined,

6 as well as territorial integrity and sovereignty of the

7 other party.’’.

8 (7)(A) The President of the United Nations Se9 curity Council, on behalf of the Security Council,

10 confirmed the Security Council’s endorsement of the

11 terms and conditions of the Algiers Agreements,

12 with special reference to the neutral Boundary Com13 mission described in Article 4.2 of the Comprehen14 sive Peace Agreement and its mandate.

15 (B) In addition, the Security Council reaffirmed

16 its support for the Algiers Agreements in United

17 Nations Security Council Resolutions 1312 (July 31,

18 2000), 1320 (September 15, 2000), 1344 (March

19 15, 2001), 1369 (September 14, 2001), 1398

20 (March 15, 2002), 1430 (August 14, 2002), 1434

21 (September 6, 2002), 1466 (March 14, 2003), 1507

22 (September 12, 2003), 1531 (March 12, 2004), and

23 1560 (September 14, 2004).

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

25 Commission announced its ‘‘Delimitation Decision’’,
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1 reiterating that both parties had agreed that it

2 would be ‘‘final and binding’’.

3 (9) Following the decision of the Boundary

4 Commission that the heavily disputed town of

5 Badme would be zoned to the Eritrean side of the

6 new border, Foreign Minister Seyoum Mesfin of

7 Ethiopia announced on April 15, 2003, that ‘‘[n]o8 one expects the [G]overnment of Ethiopia to accept

9 these mistakes committed by the Commission’’. Fur10 ther, the Ethiopian Ministry of Information released

11 a statement accusing the Boundary Commission of

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

13 ruling and ‘‘misinterpreting’’ the Algiers Agree14 ments.

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

16 to the United Nations Security Council, Secretary

17 General Kofi Annan reported that Prime Minister

18 Zenawi of Ethiopia had expressed to his Special

19 Representative, Legwaila Joseph Legwaila, that ‘‘if

20 its concerns were not properly addressed Ethiopia

21 might eventually reject the demarcation-related deci22 sions of the Commission’’.

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

24 Zenawi wrote to United Nations Secretary General

25 Kofi Annan and stated: ‘‘As the Commission’s deci-
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1 sions could inevitably lead the two countries into an2 other round of fratricidal war, the Security Council

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

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

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

6 Security Council wrote to Prime Minister Zenawi

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

8 therefore wish to convey to you their deep regret at

9 the intention of the government of Ethiopia not to

10 accept the entirety of the delimitation and demarca11 tion decision as decided by the boundary commis12 sion. They note in particular, that Ethiopia has com13 mitted itself under the Algiers Agreements to accept

14 the boundary decision as final and binding.’’.

15 (13)(A) In an attempt to resolve the continued

16 impasse, United Nations Secretary General Kofi

17 Annan offered his good offices to the two parties

18 and appointed Mr. Lloyd Axworthy, former Minister

19 for Foreign Affairs of Canada, to serve as his Spe20 cial Envoy for Ethiopia and Eritrea on January 29,

21 2004.

22 (B) Despite the assurances of the United Na23 tions Secretary General, including in his Progress

24 Reports of March 6, 2004, and July 7, 2004, that

25 the appointment of the Special Envoy was ‘‘not in-
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1 tended to establish an alternative mechanism to the

2 Boundary Commission or to renegotiate its final and

3 binding decision’’, President Isaias of Eritrea has re4 fused to meet with the Special Envoy or otherwise

5 engage in political dialogue aimed at resolving the

6 current impasse.

7 (14) In his July 7, 2004, ‘‘Progress Report’’ to

8 the United Nations Security Council, Secretary Gen9 eral Kofi Annan reported that the Ethiopian Min10 istry of Foreign Affairs continues to reiterate its po11 sition that ‘‘the current demarcation line would dis12 rupt the lives of border communities and lead to fu13 ture conflict’’.

14 (15) In that same report, Secretary General

15 Annan reminded both governments that they them16 selves ‘‘entrusted the Boundary Commission with

17 the entire demarcation process, drew up its mandate

18 and selected its Commissioners’’ and called upon the

19 Government of Ethiopia to ‘‘unequivocally restate its

20 acceptance of the Boundary Commission’s decision,

21 appoint field liaison officers, and pay its dues to and

22 otherwise cooperate fully and expeditiously with the

23 Commission’’.
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1 SEC. 4. SENSE OF CONGRESS.

2 It is the sense of Congress that Ethiopia and

3 Eritrea—

4 (1) should take all appropriate actions to imple5 ment the Algiers Agreements, including by accepting

6 the ‘‘Delimitation Decision’’ issued by the neutral

7 Boundary Commission on April 13, 2002, with re8 spect to the boundary between the two countries;

9 and

10 (2) should fully cooperate with the United Na11 tions Special Envoy for Ethiopia-Eritrea, Lloyd

12 Axworthy, whose mandate is the implementation of

13 the Algiers Agreements, the Delimitation Decision of

14 the Boundary Commission, and the relevant resolu15 tions and decisions of the United Nations Security

16 Council.

17 SEC. 5. DECLARATIONS OF POLICY.

18 Congress makes the following declarations:

19 (1) Congress expresses its support for the

20 Boundary Commission established by the Com21 prehensive Peace Agreement and calls on the inter22 national community to continue to support the

23 United Nations trust fund established to facilitate

24 the process of demarcation between Ethiopia and

25 Eritrea and the economic and social transition of af-
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1 fected communities to new borders determined by

2 the Commission.

3 (2) Congress further declares that it shall be

4 the policy of the United States to limit United

5 States assistance for Ethiopia or Eritrea if either

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

7 taking significant steps to comply with, the terms

8 and conditions of the Algiers Agreements.

9 (3) Congress strongly condemns statements by

10 senior Ethiopian officials criticizing the Boundary

11 Commission’s decision and calls on the Government

12 of Ethiopia to immediately and unconditionally fulfill

13 its commitments under the Algiers Agreements, pub14 licly accept the Boundary Commission’s decision,

15 and fully cooperate with the implementation of such

16 decision.

17 (4) Congress recognizes the acceptance by the

18 Government of Eritrea of the Boundary Commis19 sion’s decision as final and binding, but condemns

20 the Government of Eritrea’s continued refusal to

21 take advantage of the good offices offered by the

22 United Nations Secretary General, to work with

23 Special Envoy Lloyd Axworthy, or to otherwise en24 gage in dialogue aimed at resolving the current im-
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1 passe, and calls on the President of Eritrea to do so

2 without further delay.

3 SEC. 6. LIMITATIONS ON UNITED STATES ASSISTANCE.

4 (a) LIMITATION ON ECONOMIC ASSISTANCE.—Eco5 nomic assistance may only be provided for Ethiopia or Eri6 trea for any period of time for which the President deter7 mines that Ethiopia or Eritrea (as the case may be) is

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

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

10 (b) LIMITATION ON MILITARY ASSISTANCE AND

11 ARMS TRANSFERS.—Military assistance and arms trans12 fers may only be provided for Ethiopia or Eritrea for any

13 period of time for which the President determines that

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

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

16 terms and conditions of the Algiers Agreements.

17 (c) EXCEPTIONS.—The limitation on assistance

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

19 to humanitarian assistance (such as food or medical as20 sistance), assistance to protect or promote human rights,

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

22 (d) WAIVER.—The President may waive the applica23 tion of subsection (a) or (b) with respect to Ethiopia or

24 Eritrea, particularly for the provision of peacekeeping as25 sistance or counterterrorism assistance, if the President
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1 determines and certifies to the appropriate congressional

2 committees that it is in the national interests of the

3 United States to do so.

4 SEC. 7. INTEGRATION AND BORDER DEVELOPMENT INITIA5 TIVE.

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

7 demarcation between Ethiopia and Eritrea is finalized

8 (consistent with the decision of the Boundary Commission

9 established by the Comprehensive Peace Agreement), the

10 President shall establish and carry out an initiative in con11 junction with the Governments of Ethiopia and Eritrea

12 under which assistance is provided to reduce the adverse

13 humanitarian impacts on the populations of the border re14 gion, prevent conflict which might result from the demar15 cation process, and further social and economic develop16 ment projects that are identified and evaluated by local

17 authorities to establish sustainable integration, develop18 ment, and trade at the border region.

19 (b) PROJECT EXAMPLES.—Examples of development

20 projects referred to in subsection (a) are—

21 (1) startup initiatives, including farming

22 projects, to promote community economic develop23 ment and the free flow of trade across the border be24 tween the two countries;
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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.

12 SEC. 8. REPORT.

13 Until the date on which the border demarcation be14 tween Ethiopia and Eritrea is finalized, the President

15 shall prepare and transmit on a regular basis to the appro16 priate congressional committees a report that contains a

17 description of progress being made toward such demarca18 tion, including the extent to which Ethiopia and Eritrea

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

20 comply with, the terms and conditions of the Algiers

21 Agreements, and are otherwise cooperating with inter-
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1 nationally-sanctioned efforts to resolve the current im2 passe.

Passed the House of Representatives October 8,

2004.

Attest:

Clerk.

108TH CONGRESS

2D SESSION H. R. 2760

AN ACT

To limit United States assistance for Ethiopia and

tween the two countries, and for other purposes.and provide for a demarcation of the border betered into by the two countries to end hostilitieswith the terms and conditions of agreements enEritrea if those countries are not in compliance