Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2006 -- (House of Representatives - June 28, 2005)
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Ms. WATERS. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Ms. Waters:
Page 132, after line 13, insert the following:
SENSE OF CONGRESS REGARDING NATIONAL ELECTIONS IN HAITI
SEC. __. It is the sense of Congress that national elections should not be held in the Republic of Haiti until conditions have been established to ensure that the elections will be free and fair. Such conditions should include the following:
(1) The disarmament of all gangs and illegally armed groups.
(2) An end to kidnappings of civilians.
(3) Security for all United States citizens working in Haiti.
(4) The establishment of security throughout Haiti in order to enable all candidates to campaign for office safely.
(5) Plans to provide security at all polling places.
(6) Plans to ensure security for United States and international election monitors.
(7) Fair trials or release for all persons in Haiti who are being detained without trial.
(8) Respect for internationally recognized human rights.
Mr. KOLBE. Mr. Chairman, I reserve a point of order on the amendment.
The CHAIRMAN. Pursuant to the order of the House today, the gentlewoman from California (Ms. Waters) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from California (Ms. Waters).
Ms. WATERS. Mr. Chairman, I yield myself such time as I may consume.
One week ago today, the Canadian Government issued a travel advisory for Haiti, warning its citizens not to travel to the island nation unless they have critical or compelling business or family reasons. The advisory was issued after a Montreal woman said she was kidnapped in Haiti and beaten and burned with candles until her family paid a ransom.
The U.S. State Department issued a similar travel warning on May 26, urging all U.S. citizens to leave Haiti. The travel warning was issued the day after unknown gunmen fired five rounds of bullets at a U.S. embassy van traveling in downtown Port-au-Prince.
On May 31, unknown gunmen shot a French official and stole his car while he was driving from Cap-Haitien to Port-au-Prince. The official died at a hospital in Port-au-Prince several hours later. At least seven people were killed the same day when armed men opened fire and started a fire that spread throughout an entire market in Port-au-Prince.
By mid-June, the Peace Corps had suspended its operations in Haiti and evacuated 16 Peace Corps volunteers. The same week, gunmen wounded two U.N. peacekeepers during a shootout in Cite Soleil.
Mr. Chairman, the violence in Haiti has been escalating over the past year. Kidnappings are now commonplace, and security is nonexistent. The interim government of Haiti has been unwilling, unable, incompetent, has not disarmed the gangs that roam, enforced the rule of law, or provide security to citizens and foreigners.
But the government is creating as many problems as those gangs that are roaming the streets. The Haitian National Police contribute to the violence through their use of force and summary executions. On February 28, 2005, during a large nonviolent march for democracy, police officers opened fire on unarmed demonstrators in broad daylight in the presence of international observers and media.
Many Haitians do not trust the U.N. peacekeepers who stood by and watched while the police fired on the demonstrators. Police officers are widely considered to be corrupt; and Amnesty International has expressed concerns about arbitrary arrests, ill-treatment in detention centers, and other human rights violations. There are an estimated 700 political prisoners in Haiti, and most of them have been detained illegally for months without formal charges.
This is not an atmosphere that is conducive to the organization of free and fair elections. Nevertheless, the interim government of Haiti is persisting in its plans to hold elections in October and November of this year. If elections are held under the current conditions, candidates will be afraid to campaign for office, and individual Haitians will be afraid to leave their homes to vote.
My amendment expresses a sense of Congress that national elections should not be held in the Republic of Haiti until conditions have been established to ensure that the elections will be free and fair.
The amendment specifies that conditions should include the following: the disarmament of all gangs and illegally armed groups; an end to kidnapping of civilians, security for all United States citizens working in Haiti; the establishment of security throughout Haiti in order to enable all candidates to campaign for office safely; plans to provide security at all polling places; plans to ensure security for United States and international election monitors; fair trials or release for all persons in Haiti who are being detained without trial; and respect for internationally recognized human rights.
Mr. Chairman, until all candidates for office can travel safely throughout Haiti, they cannot be expected to campaign for office. Until American citizens can travel to Haiti without risking their lives, they cannot be expected to monitor the Haitian elections. And until the people of Haiti can walk outside of their homes in peace, they cannot expect to vote.
Mr. Chairman, we are fiddling while Rome is burning. Haiti is in an absolute mess. The police officers, many of them are corrupt who were rebels, who were part of the coup d'etat, who were in exile before this interim government took over, are now executing members of the Lavalos Party, are basically killing folks who belong to the party that will likely prevail if there are elections. This violence must stop.
This Congress must send a message to CARICOM and everybody else that we will not support elections in this atmosphere. We should stop this madness and help to stabilize Haiti.
POINT OF ORDER
Mr. KOLBE. Mr. Chairman, I make a point of order against the amendment because it proposes to change existing law and constitutes legislation in an appropriation bill and therefore violates clause 2 of rule XXI.
The rule states in pertinent part:
``An amendment to a general appropriation bill shall not be in order if changing existing law.''
The amendment proposes to state a legislative position.
Mr. Chairman, for that reason I would insist on the point of order.
The CHAIRMAN. Does any other Member wish to be heard on the point of order?
Ms. WATERS. Yes, Mr. Chairman.
I thank the gentleman from Arizona (Mr. Kolbe) for his interpretation of what I am attempting to do here. I do not know what law the gentleman is referring to. There is no law that would have us dictate when elections are to take place in Haiti. There is no law that we would be in violation of by not using our influence to make those elections happen.
As a matter of fact, Mr. Chairman, with all due respect, this is being driven by Mr. Noriega at the State Department because they have helped to create this chaos in Haiti with the removal of the democratically elected president, and this democratically elected president will probably not be able to return to Haiti. That is not a problem. That is not something that anybody should worry about.
What we should be concerned about is why they are insisting on holding these elections in this atmosphere of violence, corruption, and complete chaos in Haiti. So I do not think the gentleman is referring to any law that he can reasonably point to that we are in violation of.
The CHAIRMAN. The Chair is prepared to rule on the point of order.
The amendment offered by the gentlewoman from California (Ms. Waters) proposes to express a legislative sentiment of the Congress.
As such, the amendment constitutes legislation in violation of clause 2 of rule XXI. The point of order is sustained, and the amendment is not in order.
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