article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Resolution of the Ethiopia-Eritrea Border Dispute Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Algiers agreements.--The term ``Algiers Agreements'' means the Cessation of Hostilities Agreement and the Comprehensive Peace Agreement. (2) 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. (3) Cessation of hostilities agreement.--The term ``Cessation of Hostilities Agreement'' means the Agreement on the Cessation of Hostilities signed on June 18, 2000, in Algiers, Algeria, by the Government of Ethiopia and the Government of Eritrea that established a temporary demilitarized security zone within Eritrea to be enforced by the United Nations Peacekeeping Mission in Ethiopia and Eritrea (UNMEE). (4) Comprehensive peace agreement.--The term ``Comprehensive Peace Agreement'' means the agreement signed on December 12, 2000, in Algiers, Algeria, by the Government of Ethiopia and the Government of Eritrea, under the auspices of the Organization of African Unity (OAU), that provided for an end to military hostilities between the two countries, assurances by the countries to refrain from the threat or use of force against each other, and established a neutral Boundary Commission to delimit and demarcate the border between the two countries. (5) Economic assistance.--The term ``economic assistance'' means-- (A) assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance); and (B) assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to economic support fund assistance). (6) Military assistance and arms transfers.--The term ``military assistance and arms transfers'' means-- (A) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act; (B) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training or ``IMET''), including military education and training for civilian personnel under section 541 of that Act (commonly referred to as ``Expanded IMET''); and (C) assistance under the ``Foreign Military Financing'' Program under section 23 of the Arms Export Control Act and the transfer of defense articles, defense services, design and construction services, or any other defense-related training under that Act. SEC. 3. FINDINGS. Congress makes the following findings: (1) On May 6, 1998, a conflict erupted between Ethiopia and Eritrea, two of the world's poorest countries. (2) The two-year war claimed 100,000 lives, displaced more than 1,000,000 people, cost Ethiopia more than $2,900,000,000, and caused a 62 percent decline in food production in Eritrea. (3) Millions of dollars were diverted from much needed development projects into military activities and weapons procurements at a time when severe drought threatened a famine in both Ethiopia and Eritrea, as bad as the famine in 1984 in those countries, putting more than 13,000,000 lives at risk. (4) On June 18, 2000, Prime Minister Meles Zenawi of the Federal Democratic Republic of Ethiopia and President Isaias Afewerki of the State of Eritrea signed the Cessation of Hostilities Agreement in Algiers, Algeria. On December 12, 2000, the two countries also signed the Comprehensive Peace Agreement in Algiers under the auspices of the Organization of African Unity (OAU) and in the presence of United Nations Secretary General Kofi Annan and President Abdel-Aziz Boutheflika of Algeria. (5) Article 4.2 of the Comprehensive Peace Agreement states the following: ``The parties agree that a neutral Boundary Commission composed of five members shall be established with a mandate to delimit and demarcate the colonial treaty border [between the two countries] based on pertinent colonial treaties (1900, 1902 and 1908) and applicable international law.''. (6) Article 4.15 of the Comprehensive Peace Agreement states the following: ``The parties agree that the delimitation and demarcation determinations of the Commission shall be final and binding. Each party shall respect the border so determined, as well as territorial integrity and sovereignty of the other party.''. (7)(A) The President of the United Nations Security Council, on behalf of the Security Council, confirmed the Security Council's endorsement of the terms and conditions of the Algiers Agreements, with special reference to the neutral Boundary Commission described in Article 4.2 of the Comprehensive Peace Agreement and its mandate. (B) In addition, the Security Council reaffirmed its support for the Algiers Agreements in United Nations Security Council Resolutions 1312 (July 31, 2000), 1320 (September 15, 2000), 1344 (March 15, 2001), 1369 (September 14, 2001), 1398 (March 15, 2002), 1430 (August 14, 2002), 1434 (September 6, 2002), 1466 (March 14, 2003), 1507 (September 12, 2003), 1531 (March 12, 2004), and 1560 (September 14, 2004). (8) On April 13, 2002, the neutral Boundary Commission announced its ``Delimitation Decision'', reiterating that both parties had agreed that it would be ``final and binding''. (9) Following the decision of the Boundary Commission that the heavily disputed town of Badme would be zoned to the Eritrean side of the new border, Foreign Minister Seyoum Mesfin of Ethiopia announced on April 15, 2003, that ``[n]o-one expects the [G]overnment of Ethiopia to accept these mistakes committed by the Commission''. Further, the Ethiopian Ministry of Information released a statement accusing the Boundary Commission of an ``unfair tendency'' in implementing the border ruling and ``misinterpreting'' the Algiers Agreements. (10) In his March 6, 2003, ``Progress Report'' to the United Nations Security Council, Secretary General Kofi Annan reported that Prime Minister Zenawi of Ethiopia had expressed to his Special Representative, Legwaila Joseph Legwaila, that ``if its concerns were not properly addressed Ethiopia might eventually reject the demarcation-related decisions of the Commission''. (11) On September 19, 2003, Prime Minister Zenawi wrote to United Nations Secretary General Kofi Annan and stated: ``As the Commission's decisions could inevitably lead the two countries into another round of fratricidal war, the Security Council has an obligation, arising out of the UN Charter, to avert such a threat to regional peace and stability.''. (12) On October 3, 2003, the United Nations Security Council wrote to Prime Minister Zenawi and stated: ``The members of the Security Council therefore wish to convey to you their deep regret at the intention of the government of Ethiopia not to accept the entirety of the delimitation and demarcation decision as decided by the boundary commission. They note in particular, that Ethiopia has committed itself under the Algiers Agreements to accept the boundary decision as final and binding.''. (13)(A) In an attempt to resolve the continued impasse, United Nations Secretary General Kofi Annan offered his good offices to the two parties and appointed Mr. Lloyd Axworthy, former Minister for Foreign Affairs of Canada, to serve as his Special Envoy for Ethiopia and Eritrea on January 29, 2004. (B) Despite the assurances of the United Nations Secretary General, including in his Progress Reports of March 6, 2004, and July 7, 2004, that the appointment of the Special Envoy was ``not intended to establish an alternative mechanism to the Boundary Commission or to renegotiate its final and binding decision'', President Isaias of Eritrea has refused to meet with the Special Envoy or otherwise engage in political dialogue aimed at resolving the current impasse. (14) In his July 7, 2004, ``Progress Report'' to the United Nations Security Council, Secretary General Kofi Annan reported that the Ethiopian Ministry of Foreign Affairs continues to reiterate its position that ``the current demarcation line would disrupt the lives of border communities and lead to future conflict''. (15) In that same report, Secretary General Annan reminded both governments that they themselves ``entrusted the Boundary Commission with the entire demarcation process, drew up its mandate and selected its Commissioners'' and called upon the Government of Ethiopia to ``unequivocally restate its acceptance of the Boundary Commission's decision, appoint field liaison officers, and pay its dues to and otherwise cooperate fully and expeditiously with the Commission''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that Ethiopia and Eritrea-- (1) should take all appropriate actions to implement the Algiers Agreements, including by accepting the ``Delimitation Decision'' issued by the neutral Boundary Commission on April 13, 2002, with respect to the boundary between the two countries; and (2) should fully cooperate with the United Nations Special Envoy for Ethiopia-Eritrea, Lloyd Axworthy, whose mandate is the implementation of the Algiers Agreements, the Delimitation Decision of the Boundary Commission, and the relevant resolutions and decisions of the United Nations Security Council. SEC. 5. DECLARATIONS OF POLICY. Congress makes the following declarations: (1) Congress expresses its support for the Boundary Commission established by the Comprehensive Peace Agreement and calls on the international community to continue to support the United Nations trust fund established to facilitate the process of demarcation between Ethiopia and Eritrea and the economic and social transition of affected communities to new borders determined by the Commission. (2) Congress further declares that it shall be the policy of the United States to limit United States assistance for Ethiopia or Eritrea if either such country is not in compliance with, or is not taking significant steps to comply with, the terms and conditions of the Algiers Agreements. (3) Congress strongly condemns statements by senior Ethiopian officials criticizing the Boundary Commission's decision and calls on the Government of Ethiopia to immediately and unconditionally fulfill its commitments under the Algiers Agreements, publicly accept the Boundary Commission's decision, and fully cooperate with the implementation of such decision. (4) Congress recognizes the acceptance by the Government of Eritrea of the Boundary Commission's decision as final and binding, but condemns the Government of Eritrea's continued refusal to take advantage of the good offices offered by the United Nations Secretary General, to work with Special Envoy Lloyd Axworthy, or to otherwise engage in dialogue aimed at resolving the current impasse, and calls on the President of Eritrea to do so without further delay. SEC. 6. LIMITATIONS ON UNITED STATES ASSISTANCE. (a) Limitation on Economic Assistance.--Economic assistance may only be provided for Ethiopia or Eritrea for any period of time for which the President determines that Ethiopia or Eritrea (as the case may be) is in compliance with, or is taking significant steps to comply with, the terms and conditions of the Algiers Agreements. (b) Limitation on Military Assistance and Arms Transfers.--Military assistance and arms transfers may only be provided for Ethiopia or Eritrea for any period of time for which the President determines that Ethiopia or Eritrea (as the case may be) is in compliance with, or is taking significant steps to comply with, the terms and conditions of the Algiers Agreements. (c) Exceptions.--The limitation on assistance under subsections (a) and (b) shall not apply with respect to humanitarian assistance (such as food or medical assistance), assistance to protect or promote human rights, and assistance to prevent, treat, and control HIV/AIDS. (d) Waiver.--The President may waive the application of subsection (a) or (b) with respect to Ethiopia or Eritrea, particularly for the provision of peacekeeping assistance or counterterrorism assistance, if the President determines and certifies to the appropriate congressional committees that it is in the national interests of the United States to do so. SEC. 7. INTEGRATION AND BORDER DEVELOPMENT INITIATIVE. (a) Assistance.--After the date on which the border demarcation between Ethiopia and Eritrea is finalized (consistent with the decision of the Boundary Commission established by the Comprehensive Peace Agreement), the President shall establish and carry out an initiative in conjunction with the Governments of Ethiopia and Eritrea under which assistance is provided to reduce the adverse humanitarian impacts on the populations of the border region, prevent conflict which might result from the demarcation process, and further social and economic development projects that are identified and evaluated by local authorities to establish sustainable integration, development, and trade at the border region. (b) Project Examples.--Examples of development projects referred to in subsection (a) are-- (1) startup initiatives, including farming projects, to promote community economic development and the free flow of trade across the border between the two countries; (2) generous compensation packages for families displaced by the border demarcation and support for relocation; (3) effective mechanisms for managing movement of persons across the border between the two countries; (4) an increase in the supply of basic services in the border region, including water, sanitation, housing, health care, and education; and (5) support for local efforts to reinforce peace and reconciliation in the border region. SEC. 8. REPORT. Until the date on which the border demarcation between Ethiopia and Eritrea is finalized, the President shall prepare and transmit on a regular basis to the appropriate congressional committees a report that contains a description of progress being made toward such demarcation, including the extent to which Ethiopia and Eritrea are in compliance with, or are taking significant steps to comply with, the terms and conditions of the Algiers Agreements, and are otherwise cooperating with internationally-sanctioned efforts to resolve the current impasse. Passed the House of Representatives October 8, 2004. Attest: JEFF TRANDAHL, Clerk.
summary: Resolution of the Ethiopia-Eritrea Border Dispute Act of 2004 - (Sec. 4) Expresses the sense of Congress that both Ethiopia and Eritrea should: (1) take all appropriate actions to implement the Algiers Agreements, including by accepting the "Delimitation Decision" issued by the neutral Boundary Commission on April 13, 2002, with respect to the boundary between the two countries; and (2) fully cooperate with the United Nations (UN) Special Envoy for Ethiopia-Eritrea. (Sec. 5) Declares that: (1) Congress expresses its support for the Boundary Commission established by the Comprehensive Peace Agreement and calls on the international community to continue to support the UN trust fund to facilitate the demarcation process between Ethiopia and Eritrea and the economic and social transition of affected communities to new borders; (2) it shall be U.S. policy to limit U.S. assistance for Ethiopia or Eritrea if either country is not in compliance with, or is not taking significant steps to comply with the Algiers Agreements; and (3) Congress strongly condemns statements by senior Ethiopian officials criticizing the Boundary Commission's decision and calls on the Government of Ethiopia to accept the Commission's decision. (Sec. 6) States that economic and military assistance for Ethiopia or Eritrea may only be provided for any period of time for which the President determines that either Ethiopia or Eritrea is in compliance with, or is taking significant steps to comply with, the Algiers Agreements. Authorizes presidential waiver of such provision for national security purposes. Exempts from such provision assistance for humanitarian or human rights purposes, or for HIV/AIDS control. (Sec. 7) Directs the President to establish, after finalization of the Ethiopian-Eritrean border demarcation, an integration and border development initiative, including projects to: (1) increase basic services; (2) develop free trade and community development; and (3) reinforce peace and reconciliation. (Sec. 8) Sets forth presidential reporting requirements.