II

105TH CONGRESS

2D SESSION S. 2102

To promote democracy and good governance in Nigeria, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

MAY 20, 1998

Mr. FEINGOLD (for himself, Mr. JEFFORDS, Mr. LEAHY, and Mr.

WELLSTONE) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

To promote democracy and good governance in Nigeria, 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 ‘‘Nigerian Democracy

5 and Civil Society Empowerment Act’’.

6 SEC. 2. FINDINGS AND DECLARATION OF POLICY.

7 (a) FINDINGS.—Congress makes the following find8 ings:

9 (1) The continued rule of the Nigerian military

10 government, in power since a 1993 coup, harms the
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1 lives of the people of Nigeria, undermines confidence

2 in the Nigerian economy, damages relations between

3 Nigeria and the United States, and threatens the

4 political and economic stability of West Africa.

5 (2) The transition plan announced by the Gov6 ernment of Nigeria on October 1, 1995, which in7 cludes a commitment to hold free and fair elections,

8 has precluded the development of an environment in

9 which such elections would be considered free and

10 fair, nor was the transition plan itself developed in

11 a free and open manner or with the participation of

12 the Nigerian people.

13 (3) The United States Government would con14 sider a free and fair election in Nigeria one that in15 volves a genuinely independent electoral commission

16 and an open and fair process for the registration of

17 political parties and the fielding of candidates and

18 an environment that allows the full unrestricted par19 ticipation by all sectors of the Nigerian population.

20 (4) In particular, the process of registering vot21 ers and political parties has been significantly flawed

22 and subject to such extreme pressure by the military

23 so as to guarantee the uncontested election of the in24 cumbent or his designee to the presidency.
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1 (5) The tenure of the ruling military govern2 ment in Nigeria has been marked by egregious

3 human rights abuses, devastating economic decline,

4 and rampant corruption.

5 (6) Previous and current military regimes have

6 turned Nigeria into a haven for international drug

7 trafficking rings and other criminal organizations.

8 (7) On September 18, 1997, a social function in

9 honor of then-United States Ambassador Walter

10 Carrington was disrupted by Nigerian state security

11 forces. This culminated a campaign of political in12 timidation and personal harassment against Ambas13 sador Carrington by the ruling regime.

14 (8) Since 1993, the United States and other

15 members of the international community have im16 posed limited sanctions against Nigeria in response

17 to human rights violations and political repression.

18 (9) According to international and Nigerian

19 human rights groups, at least several hundred de20 mocracy and human rights activists and journalists

21 have been arbitrarily detained or imprisoned, with22 out appropriate due process of law.

23 (10)(A) The widely recognized winner of the

24 annulled June 6, 1993, presidential election, Chief
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1 Moshood K. O. Abiola, remains in detention on

2 charges of treason.

3 (B) General Olusegun Obassanjo (rt.), who is a

4 former head of state and the only military leader to

5 turn over power to a democratically elected civilian

6 government and who has played a prominent role on

7 the international stage as an advocate of peace and

8 reconciliation, remains in prison serving a life sen9 tence following a secret trial that failed to meet

10 international standards of due process over an al11 leged coup plot that has never been proven to exist.

12 (C) Internationally renowned writer, Ken Saro13 Wiwa, and 8 other Ogoni activists were arrested in

14 May 1994 and executed on November 10, 1995, de15 spite the pleas to spare their lives from around the

16 world.

17 (D) Frank O. Kokori, Secretary General of the

18 National Union of Petroleum and Natural Gas

19 Workers (NUPENG), who was arrested in August

20 1994, and has been held incommunicado since, Chief

21 Milton G. Dabibi, Secretary General of Staff Con22 sultative Association of Nigeria (SESCAN) and

23 former Secretary General of the Petroleum and Nat24 ural Gas Senior Staff Association (PENGASSAN),

25 who was arrested in January 1996, remains in de-
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1 tention without charge, for leading demonstrations

2 against the canceled elections and against govern3 ment efforts to control the labor unions.

4 (E) Among those individuals who have been de5 tained under similar circumstances and who remain

6 in prison are Christine Anyanwu, Editor-in-Chief

7 and publisher of The Sunday Magazine (TSM),

8 Kunle Ajibade and George Mbah, editor and assist9 ant editor of the News, Ben Charles Obi, a journal10 ist who was tried, convicted, and jailed by the infa11 mous special military tribunal during the treason

12 trials over the alleged 1995 coup plot, the ‘‘Ogoni

13 21’’ who were arrested on the same charges used to

14 convict and execute the ‘‘Ogoni 9’’ and Dr. Beko

15 Ransome-Kuti, a respected human rights activist

16 and leader of the pro-democracy movement and

17 Shehu Sani, the Vice-Chairman of the Campaign for

18 Democracy.

19 (11) Numerous decrees issued by the military

20 government in Nigeria suspend the constitutional

21 protection of fundamental human rights, allow in22 definite detention without charge, revoke the juris23 diction of civilian courts, and criminalize peaceful

24 criticism of the transition program.
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1 (12) As a party to the International Covenant

2 on Civil and Political Rights (ICCPR) and the Afri3 can Charter on Human and Peoples’ Rights, and a

4 signatory to the Harare Commonwealth Declaration,

5 Nigeria is obligated to grant its citizens the right to

6 fairly conduct elections that guarantee the free ex7 pression of the will of the electors.

8 (13) Nigeria has played a major role in restor9 ing elected, civilian governments in Liberia and Si10 erra Leone as the leading military force within the

11 Economic Community of West African States

12 (ECOWAS) peacekeeping force, yet the military re13 gime has refused to allow the unfettered return of

14 elected, civilian government in Nigeria.

15 (14) Despite organizing and managing the June

16 12, 1993, elections, successive Nigerian military re17 gimes nullified that election, imprisoned the winner

18 a year later, and continue to fail to provide a coher19 ent explanation for their actions.

20 (15) Nigeria has used its military and economic

21 strength to threaten the land and maritime borders

22 and sovereignty of neighboring countries, which is

23 contrary to numerous international treaties to which

24 it is a signatory.
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1 (b) DECLARATION OF POLICY.—Congress declares

2 that the United States should encourage political, eco3 nomic, and legal reforms necessary to ensure rule of law

4 and respect for human rights in Nigeria and support a

5 timely and effective transition to democratic, civilian gov6 ernment in Nigeria.

7 SEC. 3. SENSE OF CONGRESS.

8 (a) INTERNATIONAL COOPERATION.—It is the sense

9 of Congress that the President should actively seek the

10 cooperation of other countries as part of the United States

11 policy of isolating the military government of Nigeria.

12 (b) UNITED NATIONS HUMAN RIGHTS COMMIS13 SION.—It is the sense of Congress that the President

14 should instruct the United States Representative to the

15 United Nations Commission on Human Rights (UNCHR)

16 to use the voice and vote of the United States at the an17 nual meeting of the Commission—

18 (1) to condemn human rights abuses in Nigeria;

19 and

20 (2) to press for the continued renewal of the

21 mandate of, and continued access to Nigeria for, the

22 special rapporteur on Nigeria, as called for in Com23 mission Resolution 1997/53.

24 (c) SPECIAL ENVOY FOR NIGERIA.—It is the sense

25 of Congress that, because the United States Ambassador
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1 to Nigeria, a resident of both Lagos and Abuja, Nigeria,

2 is the President’s representative to the Government of Ni3 geria, serves at the pleasure of the President, and was ap4 pointed by and with the advice and consent of the Senate,

5 the President should not send any other envoy to Nigeria

6 without prior notification of Congress and should not des7 ignate a special envoy to Nigeria without consulting Con8 gress.

9 SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL

10 SOCIETY IN NIGERIA.

11 (a) DEVELOPMENT ASSISTANCE.—

12 (1) IN GENERAL.—Of the amounts made avail13 able for fiscal years 1999, 2000, and 2001 to carry

14 out chapter 1 of part I of the Foreign Assistance

15 Act of 1961 (22 U.S.C. 2151 et seq.), not less than

16 $10,000,000 for fiscal year 1999, not less than

17 $12,000,000 for fiscal year 2000, and not less than

18 $15,000,000 for fiscal year 2001 should be available

19 for assistance described in paragraph (2) for Nige20 ria.

21 (2) ASSISTANCE DESCRIBED.—

22 (A) IN GENERAL.—The assistance de23 scribed in this paragraph is assistance provided

24 to nongovernmental organizations for the pur-
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1 pose of promoting democracy, good governance,

2 and the rule of law in Nigeria.

3 (B) ADDITIONAL REQUIREMENT.—In pro4 viding assistance under this subsection, the Ad5 ministrator of the United States Agency for

6 International Development shall ensure that

7 nongovernmental organizations receiving such

8 assistance represent a broad cross-section of so9 ciety in Nigeria and seek to promote democ10 racy, human rights, and accountable govern11 ment.

12 (3) GRANTS FOR PROMOTION OF HUMAN

13 RIGHTS.—Of the amounts made available for fiscal

14 years 1999, 2000, and 2001 under paragraph (1),

15 not less than $500,000 for each such fiscal year

16 should be available to the United States Agency for

17 International Development for the purpose of provid18 ing grants of not more than $25,000 each to sup19 port individuals or nongovernmental organizations

20 that seek to promote, directly or indirectly, the ad21 vancement of human rights in Nigeria.

22 (b) USIA INFORMATION ASSISTANCE.—Of the

23 amounts made available for fiscal years 1999, 2000, and

24 2001 under subsection (a)(1), not less than $1,000,000

25 for fiscal year 1999, $1,500,000 for fiscal year 2000, and
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1 $2,000,000 for fiscal year 2001 should be made available

2 to the United States Information Agency for the purpose

3 of supporting its activities in Nigeria, including the pro4 motion of greater awareness among Nigerians of constitu5 tional democracy, the rule of law, and respect for human

6 rights.

7 (c) STAFF LEVELS AND ASSIGNMENTS OF UNITED

8 STATES PERSONNEL IN NIGERIA.—

9 (1) FINDING.—Congress finds that staff levels

10 at the office of the United States Agency for Inter11 national Development in Lagos, Nigeria, are inad12 equate.

13 (2) SENSE OF CONGRESS.—It is the sense of

14 Congress that the Administrator of the United

15 States Agency for International Development

16 should—

17 (A) increase the number of United States

18 personnel at such Agency’s office in Lagos, Ni19 geria, from within the current, overall staff re20 sources of such Agency in order for such office

21 to be sufficiently staffed to carry out subsection

22 (a); and

23 (B) consider placement of personnel else24 where in Nigeria.
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1 SEC. 5. PROHIBITION ON ECONOMIC ASSISTANCE TO THE

2 GOVERNMENT OF NIGERIA; PROHIBITION ON

3 MILITARY ASSISTANCE FOR NIGERIA; RE4 QUIREMENT TO OPPOSE MULTILATERAL AS5 SISTANCE FOR NIGERIA.

6 (a) PROHIBITION ON ECONOMIC ASSISTANCE.—

7 (1) IN GENERAL.—Economic assistance (includ8 ing funds previously appropriated for economic as9 sistance) shall not be provided to the Government of

10 Nigeria.

11 (2) ECONOMIC ASSISTANCE DEFINED.—As used

12 in this subsection, the term ‘‘economic assistance’’—

13 (A) means—

14 (i) any assistance under part I of the

15 Foreign Assistance Act of 1961 (22 U.S.C.

16 2151 et seq.) and any assistance under

17 chapter 4 of part II of such Act (22 U.S.C.

18 2346 et seq.) (relating to economic support

19 fund); and

20 (ii) any financing by the Export-Im21 port Bank of the United States, financing

22 and assistance by the Overseas Private In23 vestment Corporation, and assistance by

24 the Trade and Development Agency; and

25 (B) does not include disaster relief assist26 ance, refugee assistance, or narcotics control as-
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1 sistance under chapter 8 of part I of the For2 eign Assistance Act of 1961 (22 U.S.C. 2291 et

3 seq.).

4 (b) PROHIBITION ON MILITARY ASSISTANCE OR

5 ARMS TRANSFERS.—

6 (1) IN GENERAL.—Military assistance (includ7 ing funds previously appropriated for military assist8 ance) or arms transfers shall not be provided to Ni9 geria.

10 (2) MILITARY ASSISTANCE OR ARMS TRANS11 FERS.—The term ‘‘military assistance or arms

12 transfers’’ means—

13 (A) assistance under chapter 2 of part II

14 of the Foreign Assistance Act of 1961 (22

15 U.S.C. 2311 et seq.) (relating to military assist16 ance), including the transfer of excess defense

17 articles under section 516 of that Act (22

18 U.S.C. 2321j);

19 (B) assistance under chapter 5 of part II

20 of the Foreign Assistance Act of 1961 (22

21 U.S.C. 2347 et seq.) (relating to international

22 military education and training);

23 (C) assistance under the ‘‘Foreign Military

24 Financing Program’’ under section 23 of the

25 Arms Export Control Act (22 U.S.C. 2763); or
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1 (D) the transfer of defense articles, de2 fense services, or design and construction serv3 ices under the Arms Export Control Act (22

4 U.S.C. 2751 et seq.), including defense articles

5 and defense services licensed or approved for

6 export under section 38 of that Act (22 U.S.C.

7 2778).

8 (c) REQUIREMENT TO OPPOSE MULTILATERAL AS9 SISTANCE.—

10 (1) IN GENERAL.—The Secretary of the Treas11 ury shall instruct the United States executive direc12 tor to each of the international financial institutions

13 described in paragraph (2) to use the voice and vote

14 of the United States to oppose any assistance to the

15 Government of Nigeria.

16 (2) INTERNATIONAL FINANCIAL INSTITUTIONS

17 DESCRIBED.—The international financial institutions

18 described in this paragraph are the African Develop19 ment Bank, the International Bank for Reconstruc20 tion and Development, the International Develop21 ment Association, the International Finance Cor22 poration, the Multilateral Investment Guaranty

23 Agency, and the International Monetary Fund.
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1 SEC. 6. EXCLUSION FROM ADMISSION INTO THE UNITED

2 STATES OF CERTAIN NIGERIAN NATIONALS.

3 Notwithstanding any other provision of law, the Sec4 retary of State shall deny a visa to, and the Attorney Gen5 eral shall exclude from the United States, any alien who

6 is—

7 (1) a current member of the Provisional Ruling

8 Council of Nigeria;

9 (2) a current civilian minister of Nigeria not on

10 the Provisional Ruling Council;

11 (3) a military officer currently in the armed

12 forces of Nigeria;

13 (4) a person in the Foreign Ministry of Nigeria

14 who holds Ambassadorial rank, whether in Nigeria

15 or abroad;

16 (5) a current civilian head of any agency of the

17 Nigerian government with a rank comparable to the

18 Senior Executive Service in the United States;

19 (6) a current civilian advisor or financial backer

20 of the head of state of Nigeria;

21 (7) a high-ranking member of the inner circle

22 of the Babangida regime of Nigeria on June 12,

23 1993;

24 (8) a high-ranking member of the inner circle

25 of the Shonekan interim national government of Ni26 geria;
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1 (9) a civilian who there is reason to believe is

2 traveling to the United States for the purpose of

3 promoting the policies of the military government of

4 Nigeria;

5 (10) a current head of a parastatal organization

6 in Nigeria; or

7 (11) a spouse or minor child of any person de8 scribed in any of the paragraphs (1) through (10).

9 SEC. 7. ADDITIONAL MEASURES.

10 (a) IN GENERAL.—Unless the President determines

11 and certifies to the appropriate congressional committees

12 by December 31, 1998, that a free and fair presidential

13 election has occurred in Nigeria during 1998 and so cer14 tifies to the appropriate committees of Congress, the

15 President, effective January 1, 1999—

16 (1) shall exercise his authority under section

17 203 of the International Emergency Economic Pow18 ers Act (50 U.S.C. 1702) to prohibit any financial

19 transaction involving the participation by a Nigerian

20 national as a representative of the Federal Republic

21 of Nigeria in a sporting event in the United States;

22 (2) shall expand the restrictions in section 6 to

23 include a prohibition on entry into the United States

24 of any employee or military officer of the Nigerian

25 government and their immediate families;
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1 (3) shall submit a report to the appropriate

2 congressional committees listing, by name, senior

3 Nigerian government officials and military officers

4 who are suspended from entry into the United

5 States under section 6; and

6 (4) shall consider additional economic sanctions

7 against Nigeria.

8 (b) ACTIONS OF INTERNATIONAL SPORTS ORGANIZA9 TIONS.—It is the sense of Congress that any international

10 sports organization in which the United States is rep11 resented should refuse to invite the participation of any

12 national of Nigeria in any sporting event in the United

13 States sponsored by that organization.

14 SEC. 8. WAIVER OF PROHIBITIONS AGAINST NIGERIA IF

15 CERTAIN REQUIREMENTS MET.

16 (a) IN GENERAL.—The President may waive any of

17 the prohibitions contained in section 5, 6, or 7 for any

18 fiscal year if the President makes a determination under

19 subsection (b) for that fiscal year and transmits a notifica20 tion to Congress of that determination under subsection

21 (c).

22 (b) PRESIDENTIAL DETERMINATION REQUIRED.—A

23 determination under this subsection is a determination

24 that—

25 (1) the Government of Nigeria—
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1 (A) is not harassing or imprisoning human

2 rights and democracy advocates and individuals

3 who criticize the government’s transition pro4 gram;

5 (B) has established a new transition proc6 ess developed in consultation with the pro-de7 mocracy forces, including the establishment of a

8 genuinely independent electoral commission and

9 the development of an open and fair process for

10 registration of political parties, candidates, and

11 voters;

12 (C) is providing increased protection for

13 freedom of speech, assembly, and the media, in14 cluding cessation of harassment of journalists;

15 (D) has released individuals who have been

16 imprisoned without due process or for political

17 reasons;

18 (E) is providing access for independent

19 international human rights monitors;

20 (F) has repealed all decrees and laws

21 that—

22 (i) grant undue powers to the mili23 tary;

24 (ii) suspend the constitutional protec25 tion of fundamental human rights;
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1 (iii) allow indefinite detention without

2 charge, including the State of Security

3 (Detention of Persons) Decree No. 2 of

4 1984; or

5 (iv) suspend the right of the courts to

6 rule on the lawfulness of executive action;

7 and

8 (G) has unconditionally withdrawn the Riv9 ers State internal security task force and other

10 paramilitary units with police functions from

11 regions in which the Ogoni ethnic group lives

12 and from other oil-producing areas where vio13 lence has been excessive; or

14 (2) it is in the national interests of the United

15 States to waive the prohibition in section 5, 6, or 7,

16 as the case may be.

17 (c) CONGRESSIONAL NOTIFICATION.—Notification

18 under this subsection is written notification of the deter19 mination of the President under subsection (b) provided

20 to the appropriate congressional committees not less than

21 15 days in advance of any waiver of any prohibition in

22 section 5, 6, or 7, subject to the procedures applicable to

23 reprogramming notifications under section 634A of the

24 Foreign Assistance Act of 1961 (22 U.S.C. 2394–1).
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1 SEC. 9. PROHIBITION ON UNITED STATES ASSISTANCE OR

2 CONTRIBUTIONS TO SUPPORT OR INFLU3 ENCE ELECTION ACTIVITIES IN NIGERIA.

4 (a) PROHIBITION.—

5 (1) IN GENERAL.—No department, agency, or

6 other entity of the United States Government shall

7 provide any assistance or other contribution to any

8 political party, group, organization, or person if the

9 assistance or contribution would have the purpose or

10 effect of supporting or influencing any election or

11 campaign for election in Nigeria.

12 (2) PERSON DEFINED.—As used in paragraph

13 (1), the term ‘‘person’’ means any natural person,

14 any corporation, partnership, or other juridical en15 tity.

16 (b) WAIVER.—The President may waive the prohibi17 tion contained in subsection (a) if the President—

18 (1) determines that—

19 (A) the climate exists in Nigeria for a free

20 and fair democratic election that will lead to ci21 vilian rule; or

22 (B) it is in the national interests of the

23 United States to do so; and

24 (2) notifies the appropriate congressional com25 mittees not less than 15 days in advance of the de26 termination under paragraph (1), subject to the pro-
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1 cedures applicable to reprogramming notifications

2 under section 634A of the Foreign Assistance Act of

3 1961 (22 U.S.C. 2394–1).

4 SEC. 10. REPORT ON CORRUPTION IN NIGERIA.

5 Not later than 3 months after the date of the enact6 ment of this Act, and annually for the next 5 years there7 after, the Secretary of State shall prepare and submit to

8 the appropriate congressional committees, and make avail9 able to the public, a report on governmental corruption

10 in Nigeria. This report shall include—

11 (1) evidence of corruption by government offi12 cials in Nigeria;

13 (2) the impact of corruption on the delivery of

14 government services in Nigeria;

15 (3) the impact of corruption on United States

16 business interests in Nigeria;

17 (4) the impact of advance fee fraud, and other

18 fraudulent business schemes originating in Nigeria,

19 on United States citizens; and

20 (5) the impact of corruption on Nigeria’s for21 eign policy.

22 SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.

24 Except as provided in section 6, in this Act, the term

25 ‘‘appropriate congressional committees’’ means—
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1 (1) the Committee on International Relations of

2 the House of Representatives;

3 (2) the Committee on Foreign Relations of the

4 Senate; and

5 (3) the Committees on Appropriations of the

6 House of Representatives and the Senate.

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