[107th Congress Public Law 245]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ245.107]
[[Page 1503]]
SUDAN PEACE ACT
[[Page 116 STAT. 1504]]
Public Law 107-245
107th Congress
An Act
To facilitate famine relief efforts and a comprehensive solution to the
war in Sudan. <<NOTE: Oct. 21, 2002 - [H.R. 5531]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Sudan Peace
Act.>> assembled,
SECTION 1. <<NOTE: 50 USC 1701 note.>> SHORT TITLE.
This Act may be cited as the ``Sudan Peace Act''.
SEC. 2. <<NOTE: 50 USC 1701 note.>> FINDINGS.
The Congress makes the following findings:
(1) The Government of Sudan has intensified its prosecution
of the war against areas outside of its control, which has
already cost more than 2,000,000 lives and has displaced more
than 4,000,000 people.
(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best
chance for a permanent resolution of the war, protection of
human rights, and a self-sustaining Sudan.
(3) Continued strengthening and reform of humanitarian
relief operations in Sudan is an essential element in the effort
to bring an end to the war.
(4) Continued leadership by the United States is critical.
(5) Regardless of the future political status of the areas
of Sudan outside of the control of the Government of Sudan, the
absence of credible civil authority and institutions is a major
impediment to achieving self-sustenance by the Sudanese people
and to meaningful progress toward a viable peace process. It is
critical that credible civil authority and institutions play an
important role in the reconstruction of post-war Sudan.
(6) Through the manipulation of traditional rivalries among
peoples in areas outside of its full control, the Government of
Sudan has used divide-and-conquer techniques effectively to
subjugate its population. However, internationally sponsored
reconciliation efforts have played a critical role in reducing
human suffering and the effectiveness of this tactic.
(7) The Government of Sudan utilizes and organizes militias,
Popular Defense Forces, and other irregular units for raiding
and enslaving parties in areas outside of the control of the
Government of Sudan in an effort to disrupt severely the ability
of the populations in those areas to sustain themselves. The
tactic helps minimize the Government of Sudan's accountability
internationally.
(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales
[[Page 116 STAT. 1505]]
to increase the tempo and lethality of the war against the areas
outside of its control.
(9) By regularly banning air transport relief flights by the
United Nations relief operation OLS, the Government of Sudan has
been able to manipulate the receipt of food aid by the Sudanese
people from the United States and other donor countries as a
devastating weapon of war in the ongoing effort by the
Government of Sudan to starve targeted groups and subdue areas
of Sudan outside of the Government's control.
(10) The acts of the Government of Sudan, including the acts
described in this section, constitute genocide as defined by the
Convention on the Prevention and Punishment of the Crime of
Genocide (78 U.N.T.S. 277).
(11) The efforts of the United States and other donors in
delivering relief and assistance through means outside of OLS
have played a critical role in addressing the deficiencies in
OLS and offset the Government of Sudan's manipulation of food
donations to advantage in the civil war in Sudan.
(12) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption of
their ability to sustain themselves.
(13) The Nuba Mountains and many areas in Bahr al Ghazal and
the Upper Nile and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently placing
their populations at increased risk of famine.
(14) At a cost which has sometimes exceeded $1,000,000 per
day, and with a primary focus on providing only for the
immediate food needs of the recipients, the current
international relief operations are neither sustainable nor
desirable in the long term.
(15) The ability of populations to defend themselves against
attack in areas outside of the control of the Government of
Sudan has been severely compromised by the disengagement of the
front-line states of Ethiopia, Eritrea, and Uganda, fostering
the belief among officials of the Government of Sudan that
success on the battlefield can be achieved.
(16) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including--
(A) the multilateralization of economic and
diplomatic tools to compel the Government of Sudan to
enter into a good faith peace process;
(B) the support or creation of viable democratic
civil authority and institutions in areas of Sudan
outside of government control;
(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside
of government control;
(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
(E) cooperation among the trading partners of the
United States and within multilateral institutions
toward those ends.
[[Page 116 STAT. 1506]]
SEC. 3. <<NOTE: 50 USC 1701 note.>> DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(2) Government of sudan.--The term ``Government of Sudan''
means the National Islamic Front government in Khartoum, Sudan.
(3) OLS.--The term ``OLS'' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as ``Operation Lifeline
Sudan''.
SEC. 4. <<NOTE: 50 USC 1701 note.>> CONDEMNATION OF SLAVERY, OTHER HUMAN
RIGHTS ABUSES, AND TACTICS OF THE GOVERNMENT OF SUDAN.
The Congress hereby--
(1) condemns--
(A) violations of human rights on all sides of the
conflict in Sudan;
(B) the Government of Sudan's overall human rights
record, with regard to both the prosecution of the war
and the denial of basic human and political rights to
all Sudanese;
(C) the ongoing slave trade in Sudan and the role of
the Government of Sudan in abetting and tolerating the
practice;
(D) the Government of Sudan's use and organization
of ``murahalliin'' or ``mujahadeen'', Popular Defense
Forces, and regular Sudanese Army units into organized
and coordinated raiding and slaving parties in Bahr al
Ghazal, the Nuba Mountains, and the Upper Nile and the
Blue Nile regions; and
(E) aerial bombardment of civilian targets that is
sponsored by the Government of Sudan; and
(2) recognizes that, along with selective bans on air
transport relief flights by the Government of Sudan, the use of
raiding and slaving parties is a tool for creating food
shortages and is used as a systematic means to destroy the
societies, culture, and economies of the Dinka, Nuer, and Nuba
peoples in a policy of low-intensity ethnic cleansing.
SEC. 5. <<NOTE: 50 USC 1701 note.>> ASSISTANCE FOR PEACE AND DEMOCRATIC
GOVERNANCE.
(a) Assistance to Sudan.--The President is authorized to provide
increased assistance to the areas of Sudan that are not controlled by
the Government of Sudan to prepare the population for peace and
democratic governance, including support for civil administration,
communications infrastructure, education, health, and agriculture.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the President to carry out the activities described in
subsection (a) of this section $100,000,000 for each of the
fiscal years 2003, 2004, and 2005.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) of this
subsection are authorized to remain available until expended.
[[Page 116 STAT. 1507]]
SEC. 6. <<NOTE: President. 50 USC 1701 note.>> SUPPORT FOR AN
INTERNATIONALLY SANCTIONED PEACE PROCESS.
(a) Findings.--Congress hereby--
(1) recognizes that--
(A) a single, viable internationally and regionally
sanctioned peace process holds the greatest opportunity
to promote a negotiated, peaceful settlement to the war
in Sudan; and
(B) resolution to the conflict in Sudan is best made
through a peace process based on the Declaration of
Principles reached in Nairobi, Kenya, on July 20, 1994,
and on the Machakos Protocol in July 2002; and
(2) <<NOTE: John C. Danforth.>> commends the efforts of
Special Presidential Envoy, Senator Danforth and his team in
working to assist the parties to the conflict in Sudan in
finding a just, permanent peace to the conflict in Sudan.
(b) Measures of Certain Conditions Not Met.--
(1) Presidential determination.--
(A) <<NOTE: Certification. Deadlines.>> The
President shall make a determination and certify in
writing to the appropriate congressional committees
within 6 months after the date of enactment of this Act,
and each 6 months thereafter, that the Government of
Sudan and the Sudan People's Liberation Movement are
negotiating in good faith and that negotiations should
continue.
(B) If, under subparagraph (A) the President
determines and certifies in writing to the appropriate
congressional committees that the Government of Sudan
has not engaged in good faith negotiations to achieve a
permanent, just, and equitable peace agreement, or has
unreasonably interfered with humanitarian efforts, then
the President, after consultation with the Congress,
shall implement the measures set forth in paragraph (2).
(C) If, under paragraph (A) the President determines
and certifies in writing to the appropriate
congressional committees that the Sudan People's
Liberation Movement has not engaged in good faith
negotiations to achieve a permanent, just, and equitable
peace agreement, then paragraph (2) shall not apply to
the Government of Sudan.
(D) If the President certifies to the appropriate
congressional committees that the Government of Sudan is
not in compliance with the terms of a permanent peace
agreement between the Government of Sudan and the Sudan
People's Liberation Movement, then the President, after
consultation with the Congress, shall implement the
measures set forth in paragraph (2).
(E) If, at any time after the President has made a
certification under subparagraph (B), the President
makes a determination and certifies in writing to the
appropriate congressional committees that the Government
of Sudan has resumed good faith negotiations, or makes a
determination and certifies in writing to the
appropriate congressional committees that the Government
of Sudan is in compliance with a peace agreement, then
paragraph (2) shall not apply to the Government of
Sudan.
(2) Measures in support of the peace process.--Subject to
the provisions of paragraph (1), the President--
[[Page 116 STAT. 1508]]
(A) shall, through the Secretary of the Treasury,
instruct the United States executive directors to each
international financial institution to continue to vote
against and actively oppose any extension by the
respective institution of any loan, credit, or guarantee
to the Government of Sudan;
(B) should consider downgrading or suspending
diplomatic relations between the United States and the
Government of Sudan;
(C) shall take all necessary and appropriate steps,
including through multilateral efforts, to deny the
Government of Sudan access to oil revenues to ensure
that the Government of Sudan neither directly nor
indirectly utilizes any oil revenues to purchase or
acquire military equipment or to finance any military
activities; and
(D) shall seek a United Nations Security Council
Resolution to impose an arms embargo on the Government
of Sudan.
(c) Report on the Status of Negotiations.--If, at any time after the
President has made a certification under subsection (b)(1)(A), the
Government of Sudan discontinues negotiations with the Sudan People's
Liberation Movement for a 14-day period, then the President shall submit
a quarterly report to the appropriate congressional committees on the
status of the peace process until negotiations resume.
(d) Report on United States Opposition To Financing by International
Financial Institutions.--The Secretary of the Treasury shall submit a
semiannual report to the appropriate congressional committees describing
the steps taken by the United States to oppose the extension of a loan,
credit, or guarantee if, after the Secretary of the Treasury gives the
instructions described in subsection (b)(2)(A), such financing is
extended.
(e) Report <<NOTE: Deadline.>> on Efforts To Deny Oil Revenues.--Not
later than 45 days after the President takes an action under subsection
(b)(2)(C), the President shall submit to the appropriate congressional
committees a comprehensive plan for implementing the actions described
in such subsection.
(f) Definition.--In this section, the term ``international financial
institution'' means the International Bank for Reconstruction and
Development, the International Development Association, the
International Monetary Fund, the African Development Bank, and the
African Development Fund.
SEC. 7. <<NOTE: 50 USC 1701 note.>> MULTILATERAL PRESSURE ON COMBATANTS.
It is the sense of Congress that--
(1) the United Nations should help facilitate peace and
recovery in Sudan;
(2) the President, acting through the United States
Permanent Representative to the United Nations, should seek to
end the veto power of the Government of Sudan over the plans by
OLS for air transport relief flights and, by doing so, to end
the manipulation of the delivery of relief supplies to the
advantage of the Government of Sudan on the battlefield; and
(3) the President should take appropriate measures,
including the implementation of recommendations of the
International Eminent Persons Commission contained in the report
[[Page 116 STAT. 1509]]
issued on May 22, 2002, to end slavery and aerial bombardment of
civilians by the Government of Sudan.
SEC. 8. <<NOTE: Deadlines. 50 USC 1701 note.>> REPORTING REQUIREMENT.
Not later than 6 months after the date of the enactment of this Act,
and annually thereafter, the Secretary of State shall prepare and submit
to the appropriate congressional committees a report regarding the
conflict in Sudan. Such report shall include--
(1) a description of the sources and current status of
Sudan's financing and construction of infrastructure and
pipelines for oil exploitation, the effects of such financing
and construction on the inhabitants of the regions in which the
oil fields are located, and the ability of the Government of
Sudan to finance the war in Sudan with the proceeds of the oil
exploitation;
(2) a description of the extent to which that financing was
secured in the United States or with involvement of United
States citizens;
(3) the best estimates of the extent of aerial bombardment
by the Government of Sudan, including targets, frequency, and
best estimates of damage; and
(4) a description of the extent to which humanitarian relief
has been obstructed or manipulated by the Government of Sudan or
other forces.
SEC. 9. <<NOTE: 50 USC 1701 note.>> CONTINUED USE OF NON-OLS
ORGANIZATIONS FOR RELIEF EFFORTS.
(a) Sense of Congress.--It is the sense of the Congress that the
President should continue to increase the use of non-OLS agencies in the
distribution of relief supplies in southern Sudan.
(b) Report.--Not <<NOTE: Deadline. President.>> later than 90 days
after the date of enactment of this Act, the President shall submit to
the appropriate congressional committees a detailed report describing
the progress made toward carrying out subsection (a).
SEC. 10. <<NOTE: President. 50 USC 1701 note.>> CONTINGENCY PLAN FOR ANY
BAN ON AIR TRANSPORT RELIEF FLIGHTS.
(a) Plan.--The President shall develop a contingency plan to
provide, outside the auspices of the United Nations if necessary, the
greatest possible amount of United States Government and privately
donated relief to all affected areas in Sudan, including the Nuba
Mountains and the Upper Nile and the Blue Nile regions, in the event
that the Government of Sudan imposes a total, partial, or incremental
ban on OLS air transport relief flights.
(b) Reprogramming Authority.--Notwithstanding any other provision of
law, in carrying out the plan developed under subsection (a), the
President may reprogram up to 100 percent of the funds available for
support of OLS operations for the purposes of the plan.
SEC. 11. <<NOTE: 50 USC 1701 note.>> INVESTIGATION OF WAR CRIMES.
(a) In General.--The Secretary of State shall collect information
about incidents which may constitute crimes against humanity, genocide,
war crimes, and other violations of international humanitarian law by
all parties to the conflict in Sudan, including slavery, rape, and
aerial bombardment of civilian targets.
(b) Report.--Not <<NOTE: Deadline.>> later than 6 months after the
date of the enactment of this Act and annually thereafter, the Secretary
of
[[Page 116 STAT. 1510]]
State shall prepare and submit to the appropriate congressional
committees a detailed report on the information that the Secretary of
State has collected under subsection (a) and any findings or
determinations made by the Secretary on the basis of that information.
The report under this subsection may be submitted as part of the report
required under section 8.
(c) Consultations With Other Departments.--In preparing the report
required by this section, the Secretary of State shall consult and
coordinate with all other Government officials who have information
necessary to complete the report. Nothing contained in this section
shall require the disclosure, on a classified or unclassified basis, of
information that would jeopardize sensitive sources and methods or other
vital national security interests.
Approved October 21, 2002.
LEGISLATIVE HISTORY--H.R. 5531:
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CONGRESSIONAL RECORD, Vol. 148 (2002):
Oct. 7, considered and passed House.
Oct. 9, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Oct. 21, Presidential statement.
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