I

107TH CONGRESS

1ST SESSION H. R. 2052

To facilitate famine relief efforts and a comprehensive solution to the war

in Sudan.

IN THE HOUSE OF REPRESENTATIVES

JUNE 5, 2001

Mr. TANCREDO (for himself, Mr. ARMEY, Mr. WOLF, Mr. PAYNE, Mr. WATTS

of Oklahoma, Mr. LANTOS, Mr. BENTSEN, Mr. CLEMENT, Ms. JACKSONLEE of Texas, Mr. MCGOVERN, Ms. PELOSI, Mr. UPTON, Mr. WELDON

of Florida, Mr. BRYANT, Mr. GOODLATTE, Mr. CAMP, Mr. PITTS, Mr.

LAMPSON, Mr. LEWIS of Kentucky, Ms. RIVERS, Mrs. TAUSCHER, and

Mr. SHAYS) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on

Financial Services, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To facilitate famine relief efforts and a comprehensive

solution to the war in Sudan.

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 ‘‘Sudan Peace Act’’.

5 SEC. 2. FINDINGS.

6 The Congress makes the following findings:
2

•HR 2052 IH

1 (1) The Government of Sudan has intensified

2 its prosecution of the war against areas outside of

3 its control, which has already cost more than

4 2,000,000 lives and has displaced more than

5 4,000,000 people.

6 (2) A viable, comprehensive, and internationally

7 sponsored peace process, protected from manipula8 tion, presents the best chance for a permanent reso9 lution of the war, protection of human rights, and

10 a self-sustaining Sudan.

11 (3) Continued strengthening and reform of hu12 manitarian relief operations in Sudan is an essential

13 element in the effort to bring an end to the war.

14 (4) Continued leadership by the United States

15 is critical.

16 (5) Regardless of the future political status of

17 the areas of Sudan outside of the control of the Gov18 ernment of Sudan, the absence of credible civil au19 thority and institutions is a major impediment to

20 achieving self-sustenance by the Sudanese people

21 and to meaningful progress toward a viable peace

22 process.

23 (6) Through the manipulation of traditional ri24 valries among peoples in areas outside of its full con25 trol, the Government of Sudan has used divide-and-
3

•HR 2052 IH

1 conquer techniques effectively to subjugate its popu2 lation. However, internationally sponsored reconcili3 ation efforts have played a critical role in reducing

4 human suffering and the effectiveness of this tactic.

5 (7) The Government of Sudan utilizes and or6 ganizes militias, Popular Defense Forces, and other

7 irregular units for raiding and enslaving parties in

8 areas outside of the control of the Government of

9 Sudan in an effort to disrupt severely the ability of

10 the populations in those areas to sustain themselves.

11 The tactic helps minimize the Government of Su12 dan’s accountability internationally.

13 (8) The Government of Sudan has repeatedly

14 stated that it intends to use the expected proceeds

15 from future oil sales to increase the tempo and

16 lethality of the war against the areas outside of its

17 control.

18 (9) By regularly banning air transport relief

19 flights by the United Nations relief operation, Oper20 ation Lifeline Sudan (OLS), the Government of

21 Sudan has been able to manipulate the receipt of

22 food aid by the Sudanese people from the United

23 States and other donor countries as a devastating

24 weapon of war in the ongoing effort by the Govern-
4

•HR 2052 IH

1 ment of Sudan to starve targeted groups and subdue

2 areas of Sudan outside of the Government’s control.

3 (10) The acts of the Government of Sudan, in4 cluding the acts described in this section, constitute

5 genocide as defined by the Convention on the Pre6 vention and Punishment of the Crime of Genocide

7 (78 U.N.T.S. 277).

8 (11) The efforts of the United States and other

9 donors in delivering relief and assistance through

10 means outside of OLS have played a critical role in

11 addressing the deficiencies in OLS and offset the

12 Government of Sudan’s manipulation of food dona13 tions to advantage in the civil war in Sudan.

14 (12) While the immediate needs of selected

15 areas in Sudan facing starvation have been ad16 dressed in the near term, the population in areas of

17 Sudan outside of the control of the Government of

18 Sudan are still in danger of extreme disruption of

19 their ability to sustain themselves.

20 (13) The Nuba Mountains and many areas in

21 Bahr al Ghazal and the Upper Nile and the Blue

22 Nile regions have been excluded completely from re23 lief distribution by OLS, consequently placing their

24 populations at increased risk of famine.
5

•HR 2052 IH

1 (14) At a cost which has sometimes exceeded

2 $1,000,000 per day, and with a primary focus on

3 providing only for the immediate food needs of the

4 recipients, the current international relief operations

5 are neither sustainable nor desirable in the long

6 term.

7 (15) The ability of populations to defend them8 selves against attack in areas outside of the control

9 of the Government of Sudan has been severely com10 promised by the disengagement of the front-line

11 states of Ethiopia, Eritrea, and Uganda, fostering

12 the belief among officials of the Government of

13 Sudan that success on the battlefield can be

14 achieved.

15 (16) The United States should use all means of

16 pressure available to facilitate a comprehensive solu17 tion to the war in Sudan, including—

18 (A) the multilateralization of economic and

19 diplomatic tools to compel the Government of

20 Sudan to enter into a good faith peace process;

21 (B) the support or creation of viable demo22 cratic civil authority and institutions in areas of

23 Sudan outside of government control;
6

•HR 2052 IH

1 (C) continued active support of people-to2 people reconciliation mechanisms and efforts in

3 areas outside of government control;

4 (D) the strengthening of the mechanisms

5 to provide humanitarian relief to those areas;

6 and

7 (E) cooperation among the trading part8 ners of the United States and within multilat9 eral institutions toward those ends.

10 SEC. 3. DEFINITIONS.

11 In this Act:

12 (1) 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 (2) GOVERNMENT OF SUDAN.—The term ‘‘Gov18 ernment of Sudan’’ means the National Islamic

19 Front government in Khartoum, Sudan.

20 (3) OLS.—The term ‘‘OLS’’ means the United

21 Nations relief operation carried out by UNICEF, the

22 World Food Program, and participating relief orga23 nizations known as ‘‘Operation Lifeline Sudan’’.
7

•HR 2052 IH

1 SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN

2 RIGHTS ABUSES, AND TACTICS OF THE GOV3 ERNMENT OF SUDAN.

4 The Congress hereby—

5 (1) condemns—

6 (A) violations of human rights on all sides

7 of the conflict in Sudan;

8 (B) the Government of Sudan’s overall

9 human rights record, with regard to both the

10 prosecution of the war and the denial of basic

11 human and political rights to all Sudanese;

12 (C) the ongoing slave trade in Sudan and

13 the role of the Government of Sudan in abet14 ting and tolerating the practice;

15 (D) the Government of Sudan’s use and

16 organization of ‘‘murahalliin’’ or

17 ‘‘mujahadeen’’, Popular Defense Forces (PDF),

18 and regular Sudanese Army units into orga19 nized and coordinated raiding and slaving par20 ties in Bahr al Ghazal, the Nuba Mountains,

21 and the Upper Nile and the Blue Nile regions;

22 and

23 (E) aerial bombardment of civilian targets

24 that is sponsored by the Government of Sudan;

25 and
8

•HR 2052 IH

1 (2) recognizes that, along with selective bans on

2 air transport relief flights by the Government of

3 Sudan, the use of raiding and slaving parties is a

4 tool for creating food shortages and is used as a sys5 tematic means to destroy the societies, culture, and

6 economies of the Dinka, Nuer, and Nuba peoples in

7 a policy of low-intensity ethnic cleansing.

8 SEC. 5. USE OF APPROPRIATED FUNDS.

9 The Congress urges the President to promptly make

10 available to the National Democratic Alliance the

11 $10,000,000 in funds appropriated for assistance to such

12 group under the heading ‘‘OTHER BILATERAL ECONOMIC

13 ASSISTANCE, ECONOMIC SUPPORT FUND’’ in title I of

14 H.R. 5526 of the 106th Congress, as enacted into law by

15 section 101(a) of Public Law 106–429.

16 SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED

17 PEACE PROCESS.

18 (a) FINDINGS.—The Congress hereby recognizes

19 that—

20 (1) a single viable, internationally and region21 ally sanctioned peace process holds the greatest op22 portunity to promote a negotiated, peaceful settle23 ment to the war in Sudan; and

24 (2) resolution of the conflict in Sudan is best

25 made through a peace process based on the Declara-
9

•HR 2052 IH

1 tion of Principles reached in Nairobi, Kenya, on July

2 20, 1994.

3 (b) UNITED STATES DIPLOMATIC SUPPORT.—The

4 Secretary of State is authorized to utilize the personnel

5 of the Department of State for the support of—

6 (1) the ongoing negotiations between the Gov7 ernment of Sudan and opposition forces;

8 (2) any necessary peace settlement planning or

9 implementation; and

10 (3) other United States diplomatic efforts sup11 porting a peace process in Sudan.

12 SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.

13 It is the sense of the Congress that—

14 (1) the United Nations should be used as a tool

15 to facilitate peace and recovery in Sudan; and

16 (2) the President, acting through the United

17 States Permanent Representative to the United Na18 tions, should seek to—

19 (A) revise the terms of OLS to end the

20 veto power of the Government of Sudan over

21 the plans by OLS for air transport relief flights

22 and, by doing so, to end the manipulation of

23 the delivery of relief supplies to the advantage

24 of the Government of Sudan on the battlefield;
10

•HR 2052 IH

1 (B) investigate the practice of slavery in

2 Sudan and provide mechanisms for its elimi3 nation; and

4 (C) sponsor a condemnation of the Govern5 ment of Sudan each time it subjects civilians to

6 aerial bombardment.

7 SEC. 8. DISCLOSURE OF BUSINESS ACTIVITIES IN SUDAN.

8 (a) DISCLOSURE REQUIREMENTS.—No entity that is

9 engaged in any commercial activity in Sudan may trade

10 any of its securities (or depository receipts with respect

11 to its securities) in any capital market in the United

12 States unless that entity has disclosed, in such form as

13 the Securities and Exchange Commission shall prescribe—

14 (1) the nature and extent of that commercial

15 activity in Sudan, including any plans for expansion

16 or diversification;

17 (2) the identity of all agencies of the Sudanese

18 Government with which the entity is doing business;

19 (3) the relationship of the commercial activity

20 to any violations of religious freedom and other

21 human rights in Sudan; and

22 (4) the contribution that the proceeds raised in

23 the capital markets in the United States will make

24 to the entity’s commercial activity in Sudan.
11

•HR 2052 IH

1 (b) DISCLOSURE TO THE PUBLIC.—The Securities

2 and Exchange Commission shall take the necessary steps

3 to ensure that disclosures under subsection (a) are pub4 lished or otherwise made available to the public.

5 (c) ENFORCEMENT AUTHORITY.—The President may

6 exercise the authorities he has under the International

7 Emergency Economic Powers Act to assist the Securities

8 and Exchange Commission in carrying out this section.

9 SEC. 9. REPORTING REQUIREMENT.

10 Not later than six months after the date of the enact11 ment of this Act, and annually thereafter, the Secretary

12 of State shall prepare and submit to the appropriate con13 gressional committees a report regarding the conflict in

14 Sudan. Such report shall include—

15 (1) a description of the sources and current sta16 tus of Sudan’s financing and construction of infra17 structure and pipelines for oil exploitation, the ef18 fects of such financing and construction on the in19 habitants of the regions in which the oil fields are

20 located, and the ability of the Government of Sudan

21 to finance the war in Sudan with the proceeds of the

22 oil exploitation;

23 (2) a description of the extent to which that fi24 nancing was secured in the United States or with in25 volvement of United States citizens;
12

•HR 2052 IH

1 (3) the best estimates of the extent of aerial

2 bombardment by the Government of Sudan, includ3 ing targets, frequency, and best estimates of dam4 age; and

5 (4) a description of the extent to which humani6 tarian relief has been obstructed or manipulated by

7 the Government of Sudan or other forces.

8 SEC. 10. CONTINUED USE OF NON-OLS ORGANIZATIONS

9 FOR RELIEF EFFORTS.

10 (a) SENSE OF CONGRESS.—It is the sense of the Con11 gress that the President should continue to increase the

12 use of non-OLS agencies in the distribution of relief sup13 plies in southern Sudan.

14 (b) REPORT.—Not later than 90 days after the date

15 of enactment of this Act, the President shall submit to

16 the appropriate congressional committees a detailed report

17 describing the progress made toward carrying out sub18 section (a).

19 SEC. 11. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANS20 PORT RELIEF FLIGHTS.

21 (a) PLAN.—The President shall develop a contin22 gency plan to provide, outside the auspices of the United

23 Nations if necessary, the greatest possible amount of

24 United States Government and privately donated relief to

25 all affected areas in Sudan, including the Nuba Mountains
13

•HR 2052 IH

1 and the Upper Nile and the Blue Nile regions, in the event

2 that the Government of Sudan imposes a total, partial,

3 or incremental ban on OLS air transport relief flights.

4 (b) REPROGRAMMING AUTHORITY.—Notwith5 standing any other provision of law, in carrying out the

6 plan developed under subsection (a), the President may

7 reprogram up to 100 percent of the funds available for

8 support of OLS operations (but for this subsection) for

9 the purposes of the plan.

10 SEC. 12. INVESTIGATION OF WAR CRIMES.

11 (a) IN GENERAL.—The Secretary of State shall col12 lect information about incidents which may constitute

13 crimes against humanity, genocide, war crimes, and other

14 violations of international humanitarian law by all parties

15 to the conflict in Sudan, including slavery, rape, and aerial

16 bombardment of civilian targets.

17 (b) REPORT.—Not later than six months after the

18 date of the enactment of this Act and annually thereafter,

19 the Secretary of State shall prepare and submit to the ap20 propriate congressional committees a detailed report on

21 the information that the Secretary of State has collected

22 under subsection (a) and any findings or determinations

23 made by the Secretary on the basis of that information.

24 The report under this subsection may be submitted as part

25 of the report required under section 9.
14

•HR 2052 IH

1 (c) CONSULTATIONS WITH OTHER DEPARTMENTS.—

2 In preparing the report required by this section, the Sec3 retary of State shall consult and coordinate with all other

4 Government officials who have information necessary to

5 complete the report. Nothing contained in this section

6 shall require the disclosure, on a classified or unclassified

7 basis, of information that would jeopardize sensitive

8 sources and methods or other vital national security inter9 ests.

Æ