Panel I of a Hearing of the Senate Banking, Housing and Urban Affairs Committee - Combating Genocide in Darfur: The Role of Divestment

Statement

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SEN. DURBIN: Thank you very much, Mr. Chairman.

And to members of the committee, this is a hearing that we've been waiting for. I am so glad that you're doing it today. I thank you so much for taking the time to gather this morning. And I especially thank my colleague Senator Brownback. We are often faulted in Washington for being too partisan; I am happy to report that from the beginning, Senator Brownback and I have worked together on this, as so many in Congress have worked to deal with this.

I have my disagreements with the Bush administration -- I think that's a matter of record -- but I have said before and I will say again: this president's courage in declaring a genocide in Darfur is exemplary. Too often in the recent past, there has been a reluctance and a reticence to speak truth to power about issues like genocide. I am happy that President Bush spoke out when he did. I am glad that his statements about that genocide were echoed by his Secretary of State Colin Powell and then later Condoleezza Rice. I have spoken to him personally about this. He has given speeches at the Holocaust Museum just a few months ago. I believe that he is sincere in believing we face an extraordinary historic challenge.

The civilized countries of the world cannot ignore the reality of the genocide in Darfur, and if we cannot ignore that reality, we must do something about it. I don't think we should believe that the killing and suffering have ended in Darfur. The genocide continues. I don't think we should believe that sending 20(,000) or 25,000 peacekeeping forces from the United Nations will bring peace and stability to this region. That force is very small in comparison to a region as large as the state of Texas.

Senator Casey made reference earlier to a news item this week, which is troubling. The African Union force is a volunteer force that is working hard in the area. But it is really challenged by the size of the area and the nature of the enemy.

Just this last week, Senegalese troops were attacked, and 10 were killed. And now, there's a serious question as to whether Senegal will continue to contribute forces to this peacekeeping force. That is how tenuous this commitment is from those currently serving in Darfur. We should never believe that this issue's been resolved because of the action of the Security Council.

And third, we have to do what is necessary to put pressure on the government in Khartoum. Time and again -- time and again -- this government has come forward and said, we're going to change this situation; we're going to put an end to it. And they have failed utterly to do so.

We have to accept our own personal responsibility here. And the question is, what is our responsibility? In this era of asymmetric challenges to great powers, we have to look to the tools that are available to put pressure for change.

What Senator Brownback and I bring to you is one tool that could be used, a tool that will combine a lot of different elements in putting pressure on Sudan to make a change, and more importantly pressure on Sudan to engage in a peace conference that will bring ultimate peace to this region. I don't believe the presence of peacekeeping troops will be an easy task, so long as the militias run roughshod over these poor people. If we can force the government of Khartoum to move toward real peace conference and real accommodation, then we might find real peace for these poor people who have suffered for so long.

I will just say, in brief summary here, this bill has a number of elements that I hope you will consider. Requires the administration to create a list of companies supporting the Sudanese regime. I tried to do this in the supplemental. Unfortunately the administration did not respond, did not create the list that we asked for. Requiring companies supporting the regime to report to the SEC, so that the SEC can publish the identities of these organizations. Requiring the administration to report on the impact thus far of current economic sanctions. Prohibit the federal government from contracting with companies who support the regime. Authorize state and local contract prohibitions for companies supporting the regime. Authorize state and local governments to divest from companies supporting the regime. Provide investors safe harbors. Authorize additional funding for the Office of Foreign Assets Control within the Treasury Department. Study how the federal employees Thrift Savings Plan could create a terror-free investment fund, which would bar Sudan-supporting companies. And finally increase civil and criminal penalties for sanctions violators. All of these things would put teeth in this effort.

I have tried, as some of you have tried, to reach out to different groups in my home state, urging them to divest. Interesting response: Two major universities, University of Illinois and Northwestern, said, we'll do it; we're going to divest from any holdings that relate to companies like PetroChina, the largest oil company in the Sudan. I was very heartened by that.

Another university, which I won't name, said they weren't going to divest. And I asked the president why, and he said, it's not our policy to get involved in this kind of a fight. I asked him a couple simple questions: Do you believe there's a genocide in Sudan? He said, I really don't know.

And I said, as the president of a university, you should. Your president of the United States believes there is, and I believe there is, and many people do. Secondly if there is a genocide, what is your responsibility? What is your moral responsibility?

He said, I can't answer that question. I was really disappointed by that reply.

Perhaps there are others who want to take some refuge in ignorance or avoidance. We can't afford to.

The president of the United States has spoken out that this is a genocide in our time. Now it is our time to act.

Thank you, Mr. Chairman.

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SEN. MENENDEZ: Well, thank you both.

I just have one quick question. What would you say to the members of the committee of the importance of getting a markup before the meeting in Tripoli?

SEN. DURBIN: I would say, Mr. Chairman, that this could be an excellent opportunity for real peace to come to the region, as Senator Brownback said when Senator Danforth led that effort for peace in the south. And the sooner we move on this, even if it isn't fully implemented, the stronger the message to Khartoum that we mean business and that we want to see them resolve their own internal difficulties. I don't believe there's anything else that we could do as a Congress more important.

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