Why Obama administration is reluctant to call a coup a coup---the Harkin Human Rights Amendment to the Foreign Assistance Act
U.S. Human Rights
Policy and Foreign Assistance: A Short History
In 1975, the Harkin Amendment (Section 116) was added to the
Foreign
Assistance Act. The Harkin Amendment prohibits economic
assistance to
any country that commits gross human rights violations
unless it can be
shown that the aid will directly benefit the poor and needy.
Section 116 of
the Foreign Assistance Act states:
No assistance may be provided under
this part to the government of
any country which engages in
consistent pattern of gross violations of
internationally recognized human
rights, including torture or cruel,
inhuman, or degrading treatment or
punishment, prolonged detention
without charges, or other flagrant
denial of the right to life, liberty,
and the security of person, unless
such assistance will directly benefit
the needy people in such country.
Page 59 COMMITTEE ON INTERNATIONAL RELATIONS
COMMITTEE ON FOREIGN RELATIONS Legislation
on Foreign Relations Through 2002
Sec.
116.75 Human
Rights.—(a) No assistance may be provided under this part to the
government of any country which engages in a consistent pattern of gross
violations of internationally recognized human rights, including torture or
cruel, inhuman, or de-grading treatment or punishment, prolonged detention
without charges, causing the disappearance of persons by the abduction and
clandestine detention of those persons,76 or other flagrant denial
of the right to life, liberty, and the security of person, unless such
assistance will directly benefit the needy people in such country.
(b)
In determining whether this standard is being met with regard to funds
allocated under this part, the Committee on Foreign Relations of the Senate or
the Committee on Foreign Affairs 77 of the House of Representatives
may require the Administrator primarily responsible for administering part I of
this Act to submit in writing information demonstrating that such assistance
will directly benefit the needy people in such country, together with a
de-tailed explanation of the assistance to be provided (including the dollar
amounts of such assistance) and an explanation of how such assistance will
directly benefit the needy people in such country. If either committee or
either House of Congress disagrees with the Administrator’s justification it
may initiate action to terminate assistance to any country by a concurrent
resolution under section 617 of this Act.
(b)
78 No
assistance may be provided to any government failing to take appropriate and
adequate measures, within their means, to protect children from exploitation,
abuse or forced conscription into military or paramilitary services.
(c)
79 In
determining whether or not a government falls within the provisions of
subsection (a) and in formulating development assistance programs under this
part, the Administrator shall consider, in consultation with the Assistant
Secretary of State for De-
75 22
U.S.C. 2151n. Sec. 116 was added by sec. 310 of Public Law 94–161
(89 Stat. 849). See also in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002: sec. 534, relating to special
authorities; and sec. 537, relating to eligibility for assistance.
mocracy, Human Rights,
and Labor 80 and
in consultation with the Ambassador at Large for International Religious
Freedom—81
(1)
the extent of cooperation of such government in permit
ting
an unimpeded investigation of alleged violations of inter-
nationally
recognized human rights by appropriate inter-
national
organizations, including the International Committee
of
the Red Cross, or groups or persons acting under the author
ity
of the United Nations or of the Organization of American
States;
82
(2)
specific actions which have been taken by the President or the Congress
relating to multilateral or security assistance to a less developed country
because of the human rights practices or policies of such country; and 82
(3)
82 whether
the government—
(A)
has engaged in or tolerated particularly severe viola
tions
of religious freedom, as defined in section 3 of the
International
Religious Freedom Act of 1998; or
(B)
has failed to undertake serious and sustained efforts
to
combat particularly severe violations of religious free
dom
(as defined in section 3 of the International Religious
Freedom
Act of 1998), when such efforts could have been
reasonably
undertaken.
(d)
79 The
Secretary of State shall transmit to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate, by
February 25 83 of
each year, a full and complete report regarding—
(1)
84 the
status of internationally recognized human rights,
within
the meaning of subsection (a)—
(A)
in countries that receive assistance under this part,
and
(B)
in all other foreign countries which are members of
the
United Nations and which are not otherwise the sub
ject
of a human rights report under this Act;
(2) 85 wherever
applicable, practices regarding coercion in population control, including
coerced abortion and involuntary sterilization;
(3)
86 the
status of child labor practices in each country, including—
(A)
whether such country has adopted policies to protect
children
from exploitation in the workplace, including a
prohibition
of forced and bonded labor and policies regard
ing
acceptable working conditions; and
(B)
the extent to which each country enforces such poli
cies,
including the adequacy of the resources and oversight
dedicated
to such policies;
(4)
85, 86 the
votes of each member of the United Nations Commission on Human Rights on all country-specific
and thematic resolutions voted on at the Commission’s annual session during the
period covered during the preceding year;
(5)
85 the
extent to which each country has extended protection to refugees, including the
provision of first asylum and re-settlement; 87
(6)
85, 87 the
steps the Administrator has taken to alter United States programs under this
part in any country because of human rights considerations;
(7)
86, 87 wherever
applicable, violations of religious freedom, including particularly severe
violations of religious freedom (as defined in section 3 of the International
Religious Freedom Act of 1998);
(8)
87 wherever
applicable, consolidated information regarding the commission of war crimes,
crimes against humanity, and evidence of acts that may constitute genocide (as
defined in article 2 of the Convention on the Prevention and Punishment of the
Crime of Genocide and modified by the United States instrument of ratification
to that convention and section 2(a) of the Genocide Convention Implementation
Act of 1987);
(9) 88 for
each country with respect to which the report indicates that extrajudicial
killings, torture, or other serious violations of human rights have occurred in
the country, the extent to which the United
States has taken or will take action to en-courage an end to such practices in
the country; and (10) 89 (A)
wherever applicable, a description of the nature and extent)—
(i) of the compulsory
recruitment and conscription of in
dividuals under the age of 18
by armed forces of the gov
ernment of the country,
government-supported
paramilitaries, or other armed
groups, and the participa
tion of such individuals in
such groups; and
(ii) that such individuals take a direct part in
hostilities; (B) what steps, if any, taken by the government of the country to
eliminate such practices; and
(C) such other
information related to the use by such govern
ment of individuals
under the age of 18 as soldiers, as deter-
mined to be appropriate
by the Secretary.
(e)
79, 90 The President is authorized and encouraged to use
not less than $3,000,000 of the funds made available under this chapter,
chapter 10 of this part,91 and chapter 4 of part II for
each fiscal year for studies to identify, and for openly carrying out,
pro-grams and activities which will encourage or promote increased adherence to
civil and political rights, including the right to free religious
belief and practice,92 as set forth in the Universal Declaration of Human Rights, in
countries eligible for assistance under this chapter or under chapter 10 of
this part, except that funds made available under chapter 10 of this part may
only be used under this subsection with respect to countries in sub-Saharan
Africa. None of these funds may be used, directly or indirectly, to influence
the outcome of any election in any country.
(f)
93 (1)
The report required by subsection (d) shall include the following:
(A)
A description of the nature and extent of severe forms of
trafficking
in persons, as defined in section 103 of the Traffick
ing
Victims Protection Act of 2000, in each foreign country.
(B)
With respect to each country that is a country of origin, transit, or
destination for victims of severe forms of trafficking in persons, an
assessment of the efforts by the government of that country to combat such
trafficking. The assessment shall address the following:
(i) Whether
government authorities in that country participate in, facilitate, or condone
such trafficking.
(ii)
Which government authorities in that country are involved in activities to
combat such trafficking.
(iii)
What steps the government of that country has taken to prohibit government
officials from participating in, facilitating, or condoning such trafficking,
including the investigation, prosecution, and conviction of such officials.
(iv)
What steps the government of that country has taken to prohibit other
individuals from participating in such trafficking, including the
investigation, prosecution, and conviction of individuals involved in severe
forms of trafficking in persons, the criminal and civil penalties for such
trafficking, and the efficacy of those penalties in eliminating or reducing
such trafficking.
(v)
What steps the government of that country has taken to assist victims of such
trafficking, including efforts to prevent victims from being further victimized
by traffickers, government officials, or others, grants of relief from
deportation, and provision of humanitarian relief, including provision of
mental and physical health care and shelter.
(vi)
Whether the government of that country is cooperating with governments of other
countries to extradite traffickers when requested, or, to the extent that such
cooperation would be inconsistent with the laws of such country or with
extradition treaties to which such country is a party, whether the government
of that country is taking all appropriate measures to modify or replace such
laws and treaties so as to permit such cooperation.
(vii)
Whether the government of that country is assisting in international
investigations of transnational trafficking networks and in other cooperative
efforts to combat severe forms of trafficking in persons.
(viii)
Whether the government of that country refrains from prosecuting victims of
severe forms of trafficking in persons due to such victims having been
trafficked, and refrains from other discriminatory treatment of such victims.
(ix)
Whether the government of that country recognizes
the
rights of victims of severe forms of trafficking in per-
sons
and ensures their access to justice.
(C)
Such other information relating to trafficking in persons
as
the Secretary of State considers appropriate.
(2) In compiling data and making assessments for the purposes of
paragraph (1), United States diplomatic mission personnel shall consult with
human rights organizations and other appropriate nongovernmental organizations.
Sen. Harkin: A
Champion of Strengthening American Values | ACS
by U.S. District Court Judge Robert W. Pratt, Southern
District of Iowa
While a first term
member of the United States House of Representatives in 1975 he secured passage
of the Harkin amendment to the Foreign Assistance Act which established that
foreign states that engaged in a pattern of gross and consistent human rights
violations were not eligible for certain forms of assistance from the United
States. This legislation also gave the
United States Trade Representative discretion to deny “most favored nations”
treatment to countries that abused the rights of workers and unions. Through his recognition of the plight of
child chocolate workers in Africa and child workers in other industries all
over the world, he has managed to get both government and private industry
involved in eliminating the worst abuses of child labor. Harkin’s work on the
Senate Appropriations Committee has resulted in increased funding for the
Bureau of International Labor Affairs (IAB). The IAB is in the front line in
the fight against child labor, forced labor and human trafficking.
http://www.thenation.com/blog/172605/what-we-will-lose-when-tom-harkin-leaves-senate#
What We Will Lose When Tom Harkin Leaves the Senate
Harkin’s first big
fight on Capitol Hill, as a young congressman from a competitive district
representing rural Iowa, was to demand that the entire thrust of US foreign
policy be altered.
As a young congressional aide in 1970, Harkin had played a
critical role in exposing South Vietnam’s abusive treatment of prisoners, who
were held in so-called “tiger cages.” Horrified
by mounting evidence of US support for right-wing coups, murderous dictators
and torture states in southern Asia and Latin America, Harkin in 1975 proposed
an amendment to the Foreign Assistance Act that prohibited the United States
from providing economic aid to any country determined to be engaged gross human
rights violations unless. The only exception was a provision that permitted
allocation of US funds if could be proved that the money who directly benefit
the most impoverished citizens.
The amendment, which
passed with relative ease, became Section 116 of the Foreign Assistance Act,
which declared: “No assistance may be provided under this part to the
government of any country which engages in consistent pattern of gross
violations of internationally recognized human rights, including torture or
cruel, inhuman, or degrading treatment or punishment, prolonged detention
without charges, or other flagrant denial of the right to life, liberty, and the
security of person, unless such assistance will directly benefit the needy
people in such country.”
Presidents and their
congressional allies invariably circumvented human rights responsibilities, to
Harkin’s great frustration. As a new US senator in the mid-1980s, he joined
another new senator, John Kerry of Massachusetts, in seeking to expose and end
the Reagan administration’s support for right-wing dictators and death squads
in Latin America. Others softened in their stances, but not Harkin. When Bush
nominated Negroponte for the Iraqi ambassadorship, the senator from Iowa took
to the floor of the chamber and recounted the dark history of the nominee’s
“service” as Ronald Reagan’s administration gave lawless support to death
squads and paramilitary murderers. Harkin accused the nominee of lying to
Congress and the American people about circumstances on the ground in Honduras
in the early 1980s—where 184 people, including an American priest,
“disappeared” while Negroponte was ambassador to Honduras.
