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65–793PDF 2011

BELARUS DEMOCRACY ACT OF 2011; AND A RESOLUTION SUPPORTING THE DEMOCRATIC ASPIRATIONS OF THE IVORIAN

PEOPLE AND CALLING ON THE UNITED STATES TO APPLY

INTENSE DIPLOMATIC PRESSURE AND PROVIDE HUMANITARIAN SUPPORT IN RESPONSE TO THE POLITICAL CRISIS

IN COTE D’IVOIRE

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, 

AND HUMAN RIGHTS

OF THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED TWELFTH CONGRESS

FIRST SESSION

ON

H.R. 515 and H. Res. 85

APRIL 13, 2011

Serial No. 112–53

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

ILEANA ROS-LEHTINEN, Florida, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

DAN BURTON, Indiana 

ELTON GALLEGLY, California 

DANA ROHRABACHER, California 

DONALD A. MANZULLO, Illinois 

EDWARD R. ROYCE, California 

STEVE CHABOT, Ohio 

RON PAUL, Texas 

MIKE PENCE, Indiana 

JOE WILSON, South Carolina 

CONNIE MACK, Florida 

JEFF FORTENBERRY, Nebraska 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

GUS M. BILIRAKIS, Florida 

JEAN SCHMIDT, Ohio 

BILL JOHNSON, Ohio 

DAVID RIVERA, Florida 

MIKE KELLY, Pennsylvania 

TIM GRIFFIN, Arkansas 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

ANN MARIE BUERKLE, New York 

RENEE ELLMERS, North Carolina 

VACANT 

HOWARD L. BERMAN, California 

GARY L. ACKERMAN, New York 

ENI F.H. FALEOMAVAEGA, American 

Samoa 

DONALD M. PAYNE, New Jersey 

BRAD SHERMAN, California 

ELIOT L. ENGEL, New York 

GREGORY W. MEEKS, New York 

RUSS CARNAHAN, Missouri 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

DENNIS CARDOZA, California 

BEN CHANDLER, Kentucky 

BRIAN HIGGINS, New York 

ALLYSON SCHWARTZ, Pennsylvania 

CHRISTOPHER S. MURPHY, Connecticut 

FREDERICA WILSON, Florida 

KAREN BASS, California 

WILLIAM KEATING, Massachusetts 

DAVID CICILLINE, Rhode Island 

YLEEM D.S. POBLETE, Staff Director 

RICHARD J. KESSLER, Democratic Staff Director 

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, AND HUMAN RIGHTS

CHRISTOPHER H. SMITH, New Jersey, Chairman 

JEFF FORTENBERRY, Nebraska 

TIM GRIFFIN, Arkansas 

TOM MARINO, Pennsylvania 

ANN MARIE BUERKLE, New York 

DONALD M. PAYNE, New Jersey 

KAREN BASS, California 

RUSS CARNAHAN, Missouri 

(III)

C O N T E N T S 

Page

MARKUP OF 

H.R. 515, To reauthorize the Belarus Democracy Act of 2004 ............................. 2

Amendment to H.R. 515 offered by the Honorable Christopher H. Smith, 

a Representative in Congress from the State of New Jersey, and chairman, Subcommittee on Africa, Global Health, and Human Rights ............. 16

H. Res. 85, A resolution supporting the democratic aspirations of the Ivoirian 

people and calling on the United States to apply intense diplomatic pressure and provide humanitarian support in response to the political crisis 

in Cote d’Ivoire ..................................................................................................... 24

Amendment in the nature of a substitute to H. Res. 85 offered by the 

Honorable Donald M. Payne, a Representative in Congress from the 

State of New Jersey .......................................................................................... 31

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING 

The Honorable Christopher H. Smith: 

Prepared statement on H.R. 515 ........................................................................ 21

Prepared statement on H. Res. 85 ...................................................................... 40

APPENDIX 

Hearing notice .......................................................................................................... 44

Hearing minutes ...................................................................................................... 45

(1)

BELARUS DEMOCRACY ACT OF 2011; AND A RESOLUTION 

SUPPORTING THE DEMOCRATIC ASPIRATIONS OF THE 

IVORIAN PEOPLE AND CALLING ON THE UNITED STATES 

TO APPLY INTENSE DIPLOMATIC PRESSURE AND PROVIDE 

HUMANITARIAN SUPPORT IN RESPONSE TO THE POLITICAL CRISIS IN COTE D’IVOIRE 

WEDNESDAY, APRIL 13, 2011

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,

AND HUMAN RIGHTS

COMMITTEE ON FOREIGN AFFAIRS, 

Washington, DC. 

The committee met, pursuant to notice, at 10:28 a.m., in room 

2172 Rayburn House Office Building, Hon. Christopher H. Smith 

(chairman of the subcommittee) presiding. 

Mr. SMITH. The subcommittee will now come to order for a markup on two pieces of legislation. Pursuant to notice, for purposes of 

markup, I call up the bill H.R. 515, the Belarus Democracy Act of 

2011. 

[H.R. 515 follows:]

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Mr. SMITH. And then following that, we will then be calling up 

H. Res. 85, authored by Mr. Payne, which concerns all relevant 

issues with Cote d’Ivoire. 

Without objection, H.R. 515, the Belarus Democracy Act, will be 

considered as read and open for amendment at any point. I have 

a bipartisan amendment that members have in front of them in 

their packets, which was provided previously to your offices as well, 

and it is available online as well. The clerk will report the amendment. 

Mr. KEARNEY. Amendment to H.R. 515, offered by Mr. Smith of 

New Jersey. Page 1, line 5, strike ‘‘Reauthorization’’ and insert 

‘‘and Human Rights.’’ Page 3, line 14, insert at the end before the 

period, the following: ‘‘, sometimes by—’’

[The amendment offered by Mr. Smith of New Jersey follows:]

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Mr. SMITH. Without objection, the amendment will be considered 

as read. And I recognize myself to speak. I will not read my entire 

statement. 

We did have an extensive hearing on Belarus just the other day, 

at which we focused on the despicable actions of Alekandr 

Lukashenka, who is the dictator, especially as relates to the fraudulent December 19th election in Belarus, and the ongoing crackdown on democracy activists and independent journalists by the 

Lukashenka dictatorship. 

Immediately after the election, the government responded to 

peaceful protests against electoral fraud with savage mass beatings 

and large-scale detentions. Over 700 people were hurt. Some of 

those jailed have been abused, and even tortured. A number of 

them have already received harsh sentences of up to 4 years. Nearly 30 remain in detention. 

Their families, lawyers, journalists, and democratic activists continue to be harassed and intimidated. The crackdown follows the 

pattern of repression that has characterized Lukashenka’s nearly 

17-year rule. Through a series of rigged elections, large-scale intimidation, and suppression of independent media and civil society, 

the dictator has long since consolidated his control over virtually 

all national institutions. 

Lukashenka’s dictatorship has the worst democracy and human 

rights record of any government in Europe. Several years ago, legislation I authored known as the Belarus Democracy Act of 2004 

and the Belarus Democracy Reauthorization Act of 2006 passed the 

House and Senate, and was signed into law, with overwhelming bipartisan support. H.R. 515 takes as a starting point the approach 

of the earlier legislation. 

And without objection, I would ask that my full statement be included in the record at this point. 

[The prepared statement of Mr. Smith of New Jersey follows:]

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Mr. SMITH. I would like to recognize Mr. Payne. 

Mr. PAYNE. Yes, thank you. I have an amendment in the nature 

of a substitute, an amendment on Cote d’Ivoire, and if the 

clerk——

Mr. SMITH. We will go right to that in 1 second. Anything on 

Belarus? 

Mr. PAYNE. Oh, excuse me. 

Mr. SMITH. Do any other members wish to speak on the Belarus 

Democracy Act? 

Mr. PAYNE. Let me just commend you for your efforts, your diligence, how you have followed this through the decades. And I am 

very pleased that this issue has come to the fore, and I certainly 

support wholeheartedly this resolution. 

Mr. SMITH. Thank you very much, Mr. Payne. Hearing no further 

requests to speak, the question is on agreeing to the amendment. 

All those in favor say aye. 

[Ayes.] 

Mr. SMITH. All those opposed say no. In the opinion of the chair, 

the ayes have it and the amendment is agreed to. Hearing no further amendments, I move that the bill as amended be reported favorably to the full Committee on Foreign Affairs. All those in favor 

say aye. 

[Ayes.] 

Mr. SMITH. All those opposed say no. The ayes have it, and the 

motion is agreed to. Without objection, the bill as amended will be 

reported favorably to the full committee in the form of a single 

amendment in the nature of a substitute. Without objection, the 

staff is directed to make any technical and conforming amendments. 

I now call up the measure H. Res. 85, a resolution supporting the 

democratic aspirations of the Ivorian people, and calling on the 

United States to apply intense diplomatic pressure and provide humanitarian support in response to the political crisis in Cote 

d’Ivoire. 

[H. Res. 85 follows:]

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Mr. SMITH. Without objection, the bill will be considered as read 

and open for amendment at any point. And I recognize my good 

friend, the ranking member, to offer his amendment in the nature 

of a substitute, that members again have in front of them, that was 

provided previously to your offices, and made available online. Mr. 

Payne? 

Mr. PAYNE. Thank you very much, Mr. Chairman. Since we just 

had a very thorough hearing, I will be very brief. I just appreciate 

the amendment being brought up. We know that this is something 

that is very important, and we look for support from all of the 

members here. 

I would also like to, although they just left, acknowledge the fact 

that the Ambassador from Cote d’Ivoire was with us, Mr. Diabate, 

who just left. And also a group from the Ivorian Watch, headed by 

Mrs. Bernadette Paolo, and her group was still here. 

So I have an amendment at the desk. 

Mr. SMITH. Thank you, Mr. Payne. The clerk will report the 

amendment. 

Mr. KEARNEY. Amendment in the nature of a substitute to H. 

Res. 85, offered by Mr. Payne of New Jersey. Strike the preamble, 

and insert the following: Whereas, on March 4, 2007, key political 

leaders of Cote d’Ivoire signed—

[The amendment offered by Mr. Payne follows:]

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Mr. SMITH. Without objection, the amdendment is considered as 

read, and I would ask unanimous consent to include my full statement in the record. Without objection, so ordered. 

[The prepared statement of Mr. Smith of New Jersey follows:]

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Mr. SMITH. And I do yield to Mr. Payne. 

Mr. PAYNE. Thank you very much. As I was saying, we have just 

had a hearing. I think that everything is pretty clear. I once again 

appreciate the amendment being brought up, and urge its support. 

Mr. SMITH. Thank you very much, Mr. Payne, and I commend 

you on your resolution. It is an outstanding resolution, and we will 

push very hard to see that it comes to the floor. 

Would any other members like to be heard? Hearing no further 

requests to speak, the question is on agreeing to the amendment 

in the nature of a substitute. All those in favor, say aye. 

[Ayes.] 

Mr. SMITH. All those opposed say no. In the opinion of the chair, 

the ayes have it. The amendment is agreed to. Hearing no further 

amendments, I move that the resolution as amended be reported 

favorably to the full Committee on Foreign Affairs. All those in 

favor say aye. 

[Ayes.] 

Mr. SMITH. All those opposed, no. The ayes have it. The motion 

is agreed to, and the resolution as amended is reported favorably 

to the full committee. Without objection, the staff is directed to 

make any technical and conforming amendments. That concludes 

our business, and without objection the subcommittee markup 

stands adjourned. 

[Whereupon, at 10:35 a.m., the subcommittee was adjourned.] 

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A P P E N D I X 

MATERIAL SUBMITTED FOR THE HEARING RECORD

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