III 

110TH CONGRESS 

2D SESSION S. RES. 541 

Supporting humanitarian assistance, protection of civilians, accountability for 

abuses in Somalia, and urging concrete progress in line with the Transitional Federal Charter of Somalia toward the establishment of a viable 

government of national unity. 

IN THE SENATE OF THE UNITED STATES 

APRIL 29, 2008 

Mr. FEINGOLD (for himself, Mr. COLEMAN, Mr. BROWN, Ms. KLOBUCHAR, 

Mr. HAGEL, Ms. LANDRIEU, Mr. KERRY, Ms. SNOWE, and Mr. DODD) 

submitted the following resolution; which was referred to the Committee 

on Foreign Relations 

MAY 21, 2008 

Committee discharged; considered and agreed to 

RESOLUTION 

Supporting humanitarian assistance, protection of civilians, 

accountability for abuses in Somalia, and urging concrete 

progress in line with the Transitional Federal Charter 

of Somalia toward the establishment of a viable government of national unity. 

Whereas, despite the formation of the internationally recognized Transitional Federal Government (TFG) in 2004, 

there has been little improvement in the governance or 

stability of southern and central Somalia, and stability in 

the northern region of Puntland has deteriorated; 


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Whereas governance failures in Somalia have permitted and 

contributed to escalating violence, egregious human 

rights abuses, and violations of international humanitarian law, which occur with impunity and have led to an 

independent system of roadblocks, checkpoints, and extortion that hinders trade, business, and the delivery of 

desperately needed humanitarian assistance; 

Whereas the Government of Ethiopia intervened in Somalia 

in December 2006 against the Islamic Courts Union 

(ICU) and continues to serve as the primary security 

force for the TFG in Somalia; 

Whereas a United Nations Monitoring Group on Somalia report presented to the United Nations Security Council on 

July 20, 2007, alleged that Eritreans have provided arms 

to insurgents in Somalia as part of a long-standing dispute between Ethiopia and Eritrea that includes a series 

of interlocking proxy wars in the Horn of Africa; 

Whereas the United Nations estimates that, as of April 2008, 

2,000,000 people in Somalia need humanitarian assistance or livelihood support for at least the next 6 months, 

including 745,000 people who have fled ongoing insecurity and sporadic violence in Mogadishu over the past 16 

months, adding to more than 275,000 long-term internally displaced Somalis; 

Whereas, despite Prime Minister Nur Hassan Hussein’s public commitment to humanitarian operations, local and 

international aid agencies remain hindered by extortion, 

harassment, and administrative obstructions; 

Whereas, in March 2008, United Nations Secretary-General 

Ban Ki-moon presented his report on Somalia based on 

recent strategic assessments and fact-finding missions, 


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which offered recommendations for increasing United Nations engagement while decreasing the presence of foreign 

troops, including the establishment of a maritime task 

force to deter piracy and support the 1992 international 

arms embargo; 

Whereas the United States Government has allocated nearly 

$50,000,000 to support the African Union Mission in Somalia (AMISOM) and continues to be the leading contributor of humanitarian assistance in Somalia, with approximately $140,000,000 provided in fiscal year 2007 

and fiscal year 2008 to date, but still lacks a comprehensive strategy to build a sustainable peace; 

Whereas, over the last 5 years, the Senate has repeatedly 

called upon the President through resolutions, amendments, bills, oversight letters, and hearings to develop 

and implement a comprehensive strategy to contribute to 

lasting peace and security throughout the Horn of Africa 

by helping to establish a legitimate, stable central government in Somalia capable of maintaining the rule of law 

and preventing Somalia from becoming a safe haven for 

terrorists; 

Whereas a February 2008 Government Accountability Office 

(GAO) report entitled, ‘‘Somalia: Several Challenges 

Limit U.S. and International Stabilization, Humanitarian, and Development Efforts’’, found that United 

States and international ‘‘efforts have been limited by 

lack of security, access to vulnerable populations, and effective government institutions’’ as well as the fact that 

the ‘‘U.S. strategy for Somalia, outlined in the Administration’s 2007 report to Congress on its Comprehensive 

Regional Strategy on Somalia, is incomplete’’; 


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Whereas the recent designation by the Department of State 

of Somali’s al Shabaab militia as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and as a specially designated global terrorist under section 1(b) of Executive 

Order 13224 (September 23, 2001) highlights the growing need for a strategic, multifaceted, and coordinated 

approach to Somalia; and 

Whereas it is in the interest of the United States, the people 

of Somalia, and the citizens and governments of neighboring and other interested countries to work towards a 

legitimate peace and a sustainable resolution to the crisis 

in Somalia that includes civilian protection and access to 

services, upholds the rule of law, and promotes accountability: Now, therefore, be it 

1 Resolved, That it is the sense of the Senate that— 

2 (1) the United States remains committed to the 

3 people of Somalia and to helping build the institu4 tions necessary for a stable nation free from civil 

5 war and violent extremism; 

6 (2) the President, in partnership with the Afri7 can Union, the United Nations, and the inter8 national community, should— 

9 (A) provide sufficient humanitarian assist10 ance to those most seriously affected by armed 

11 conflict, drought, and flooding throughout So12 malia, and call on the Transitional Federal 


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1 Government to actively facilitate the dispersal 

2 of such assistance; 

3 (B) ensure accountability for all state, non4 state, and external parties responsible for viola5 tions of human rights and international human6 itarian law in Somalia, including through the 

7 deployment of United Nations human rights 

8 monitors and the establishment of a United Na9 tions Commission of Inquiry to investigate 

10 abuses; 

11 (C) call on all parties to recommit to an 

12 inclusive dialogue, with international support, in 

13 the interest of promoting sustainable peace and 

14 security in Somalia and across the Horn of Af15 rica; 

16 (D) urge the Government of Ethiopia, in 

17 coordination with the United Nations Political 

18 Office in Somalia, to develop a clear timeline 

19 for the responsible withdrawal of its armed 

20 forces from Somalia, to honor its obligation 

21 under the Geneva Conventions to ensure protec22 tion of civilians under its control, and to ob23 serve the distinction between civilians and mili24 tary combatants and their assets; 


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1 (E) urge the Government of Eritrea to 

2 play a productive role in helping to bring about 

3 stability to Somalia, including ceasing to pro4 vide any financial and material support, such as 

5 arms and ammunition, to insurgent groups in 

6 and around Mogadishu and throughout the re7 gion; and 

8 (F) call on all countries in the region and 

9 wider international community to provide in10 creased support for AMISOM and ensure a ro11 bust civilian protection mandate; 

12 (3) to achieve sustainable peace in the region, 

13 the Transitional Federal Government, including the 

14 newly appointed Prime Minister and his Cabinet, 

15 should— 

16 (A) take necessary steps to protect civil17 ians from dangers related to military oper18 ations, investigate and prosecute human rights 

19 abuses, provide basic services to all the people 

20 of Somalia, and ensure that humanitarian orga21 nizations have full access to vulnerable popu22 lations; 

23 (B) recommit to the Transitional Federal 

24 Charter; 


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1 (C) set a detailed timeline and demonstrate 

2 observable progress for completing the political 

3 transition laid out in the Transitional Federal 

4 Charter by 2009, including concrete and imme5 diate steps toward scheduling elections as a 

6 means of establishing a democratically elected 

7 government that represents the people of Soma8 lia; and 

9 (D) agree to participate in an inclusive and 

10 transparent political process, with international 

11 support, towards the formation of a government 

12 of national unity based on the principles of de13 mocracy, accountability, and the rule of law. 

Æ 


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