I

103D CONGRESS

2D SESSION H. R. 4115

To condition the lifting of sanctions on Serbia and Montenegro upon

improvements in Kosova, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 23, 1994

Mr. ENGEL (for himself, Ms. MOLINARI, Mr. SERRANO, Mr. KING, Mrs.

LOWEY, and Mr. OLVER) introduced the following bill; which was referred

jointly to the Committees on Foreign Affairs, Banking, Finance and

Urban Affairs, and Public Works and Transportation

A BILL

To condition the lifting of sanctions on Serbia and

Montenegro upon improvements in Kosova, 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 ‘‘Kosova Peace and De5 mocracy Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

8 (1) The political rights of the Albanian majority

9 in Kosova were curtailed in 1989 when the former
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1 Yugoslav Government in Belgrade illegally amended

2 the Yugoslav federal constitution, revoking Kosova’s

3 autonomous status.

4 (2) In September 1990, a referendum on the

5 question of independence for Kosova was held in

6 which 87 percent of those eligible to participate

7 voted, and 99 percent of those voting supported

8 independence for Kosova.

9 (3) In May 1992, a Kosovar national par10 liament was elected and Dr. Ibrahim Rugova was

11 overwhelmingly elected President of the Republic of

12 Kosova.

13 (4) The government in Belgrade has not al14 lowed the new Kosovar government to assemble on

15 Kosovar territory.

16 (5) Credible reports of Serbian ‘‘ethnic cleans17 ing’’ in Kosova have been received by the United

18 Nations Special Rapporteur on Human Rights, and

19 Serbian leader Slobodan Milosevic has called for the

20 transfer of ethnic Albanians from their homes in

21 Kosova to areas outside of Kosovar territory and

22 their replacement by Serbs.

23 (6) Since 1990, tens of thousands of Kosovars

24 of Albanian origin have been dismissed from their

25 jobs solely on the basis of their ethnicity.
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1 (7) Reports of brutal beatings of ethnic Alba2 nians in Kosova by the mostly Serbian police are re3 ceived almost daily.

4 (8) The government in Belgrade has severely

5 restricted the access of ethnic Albanians in Kosova

6 to all levels of education solely on the basis of their

7 ethnicity.

8 (9) All forms of the media in Kosova, especially

9 those in the Albanian language, are strictly con10 trolled by the government in Belgrade and dissent11 ing political views are systematically deleted from all

12 forms of the media.

13 (10) Under the ‘‘Special Measures’’ decree

14 adopted in 1991, the government in Belgrade inten15 tionally undermined the independent character of

16 the judiciary of Kosova by dismissing hundreds of

17 ethnic Albanian judges, replacing them with Serbs

18 or Montenegrins, and changing the official court lan19 guage to Serbian, which is not native to the Alba20 nian majority.

21 (11) Those expressing political views in opposi22 tion to the current government are frequently jailed

23 and tortured while in prison by Serbian authorities,

24 and occasional deaths of detainees have been re25 ported.
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1 (12) Conference on Security and Cooperation in

2 Europe observers dispatched to Kosova in 1991,

3 were expelled by the government in Belgrade in July

4 1993.

5 (13) Following the departure of such observers,

6 several international human rights organizations, in7 cluding Amnesty International, Human Rights

8 Watch, and the Helsinki Federation for Human

9 Rights, have documented an increase in humani10 tarian abuses in Kosova.

11 (14) The economy of Kosova is under severe

12 pressure caused by the combination of the closing of

13 small businesses by Serbian authorities and the ef14 fect of international sanctions.

15 (15) Radio Free Europe recently began broad16 casts to the former Yugoslavia in Serbian and Cro17 atian, but not in Albanian.

18 (16) Congress has provided for the opening of

19 a United States Information Agency cultural center

20 in Prishtina, Kosova, in section 223 of the Foreign

21 Relations Authorization Act, Fiscal Years 1992 and

22 1993, but security conditions have prevented the es23 tablishment of such center.

24 (17) The closing of the airport in Prishtina,

25 Kosova, represents an obstacle to the delivery of hu-
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1 manitarian goods into Kosova and a barrier to a re2 turn to normalcy.

3 (18) The President has explicitly warned the

4 government in Belgrade that ‘‘in the event of con5 flict in Kosova caused by Serbian action, the United

6 States will be prepared to employ military force

7 against the Serbs in Kosova and in Serbia proper.’’.

8 SEC. 3. SENSE OF CONGRESS.

9 It is the sense of the Congress that—

10 (1) ‘‘ethnic cleansing’’ and other acts of repres11 sion against the citizens of Kosova by the govern12 ment in Belgrade must be halted immediately;

13 (2) members of the elected government of

14 Kosova should be allowed to assemble and exercise

15 their legitimate mandate as elected representatives

16 of the people of Kosova;

17 (3) all individuals in Kosova whose employment

18 was terminated on the basis of their ethnicity should

19 be reinstated to their previous positions immediately;

20 (4) the education system in Kosova should be

21 reopened to all residents of Kosova regardless of eth22 nicity, and the majority ethnic Albanian population

23 should be allowed to be educated in its native

24 tongue;
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1 (5) all decrees undermining the autonomous

2 and indigenous character of the Kosovar bar and ju3 diciary should be reversed;

4 (6) the right of the press and all forms of

5 media in Kosova, including those in the Albanian

6 language, relating to freedom of expression should

7 be respected;

8 (7) Conference on Security and Cooperation in

9 Europe observers, expelled by the government in

10 Belgrade in July 1993, should be readmitted to

11 Kosova and their numbers expanded;

12 (8) the United Nations should dispatch observ13 ers to Kosova to monitor human rights and to limit

14 violence;

15 (9) the airport in Prishtina, Kosova should be

16 reopened;

17 (10) the United States Information Agency

18 should open a cultural center in Prishtina, Kosova,

19 as provided in section 223 of the Foreign Relations

20 Authorization Act, Fiscal Years 1992 and 1993, as

21 soon as possible;

22 (11) the ‘‘no-fly-zone’’, currently covering

23 Bosnia, should be expanded to cover Kosova;

24 (12) the United States should reiterate

25 warnings to the government in Belgrade that it is
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1 prepared to respond with all necessary means in the

2 event that Serbia expands the military conflict into

3 Kosova; and

4 (13) the North Atlantic Treaty Organization

5 should develop plans to halt the spread of the Bal6 kan conflict to Kosova.

7 SEC. 4. PROHIBITION ON LIFTING OF SANCTIONS AGAINST

8 SERBIA AND MONTENEGRO UNTIL CERTAIN

9 CONDITIONS MET.

10 (a) CODIFICATION OF EXECUTIVE BRANCH SANC11 TIONS.—The sanctions imposed on Serbia and

12 Montenegro, as in effect on the date of the enactment of

13 this Act, that were imposed by or pursuant to the follow14 ing directives of the executive branch shall (except as pro15 vided under subsection (e)) remain in effect until the

16 President certifies to the Congress that the conditions de17 scribed in subsection (d) have been met:

18 (1) Executive Order 12808 of May 30, 1992, as

19 continued in effect on May 25, 1993.

20 (2) Executive Order 12810 of June 5, 1992.

21 (3) Executive Order 12831 of January 15,

22 1993.

23 (4) Executive Order 12846 of April 25, 1993.

24 (5) Department of State Public Notice 1427,

25 effective July 11, 1991.
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1 (6) Proclamation 6389 of December 5, 1991

2 (56 Fed. Register 64467).

3 (7) Department of Transportation Order 92–5–

4 38 of May 20, 1992.

5 (8) Federal Aviation Administration action of

6 June 19, 1992 (14 C.F.R. Part 91).

7 (b) PROHIBITION ON ASSISTANCE.—No funds appro8 priated or otherwise made available by law may be obli9 gated or expended on behalf of the government of Serbia

10 or the government of Montenegro until the President cer11 tifies to the Congress that the conditions described in sub12 section (d) have been met.

13 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—

14 The Secretary of the Treasury shall instruct the United

15 States executive director of each international financial in16 stitution to use the voice and vote of the United States

17 to oppose any assistance from that institution to the gov18 ernment of Serbia or the government of Montenegro, ex19 cept for basic human needs, until the President certifies

20 to the Congress that the conditions described in subsection

21 (d) have been met.

22 (d) CONDITIONS DESCRIBED.—The conditions de23 scribed in this subsection are the following:
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1 (1) There is substantial progress toward the

2 restoration of the independent identity and auton3 omy of Kosova.

4 (2) There is substantial improvement in the

5 human rights situation in Kosova, including im6 provement in those factors listed in paragraphs (5)

7 through (11) of section 2.

8 (3) International human rights observers are al9 lowed to return to Kosova.

10 (4) The elected government of Kosova is per11 mitted to meet and carry out its legitimate mandate

12 as elected representatives of the people of Kosova.

13 (e) WAIVER AUTHORITY.—

14 (1) IN GENERAL.—The President may waive or

15 modify the application, in whole or in part, of any

16 sanction described in subsection (a), the prohibition

17 in subsection (b), or the requirement in subsection

18 (c).

19 (2) CERTIFICATION.—Such a waiver or modi20 fication may only be effective upon certification by

21 the President to Congress that the President has de22 termined that the waiver or modification is nec23 essary—

24 (A) to meet emergency humanitarian

25 needs; or
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1 (B) to achieve a negotiated settlement of

2 the conflict in Kosova that is acceptable to the

3 parties.

4 SEC. 5. PROGRAMMING BY RADIO FREE EUROPE AND

5 RADIO LIBERTY IN THE ALBANIAN LAN6 GUAGE TO KOSOVA, THE FORMER YUGOSLAV

7 REPUBLIC OF MACEDONIA, AND OTHER

8 AREAS.

9 Not later than 3 months after the date of enactment

10 of this Act, the Chairman of the Board for International

11 Broadcasting shall submit to the Congress a plan, to12 gether with a detailed budget, for the establishment of a

13 surrogate home service under the auspices of Radio Free

14 Europe/Radio Liberty for Albanian populations living in

15 Kosova and other areas of the former Yugoslavia. Such

16 service shall be in the Albanian language and shall be

17 broadcast not less than one hour per day.

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