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 You are in: Under Secretary for Public Diplomacy and Public Affairs > Bureau of Public Affairs > Bureau of Public Affairs: Press Relations Office > Press Releases (Other) > 2002 > October
Fact Sheet
Office of the Spokesman
Washington, DC
October 21, 2002

Sudan Peace Act

President George W. Bush today signed into law H.R. 5531, the Sudan Peace Act.  The Act passed the U.S. House of Representatives on October 7, 2002 by a vote of 359-8.  The Senate passed the same language by unanimous consent on October 9, 2002.  The Act:

  • Seeks to facilitate a comprehensive solution to the war in Sudan based on the Declaration of Principles of July 20, 1994 and the Machakos Protocol of July 2002.
  • Commends the efforts of the President's Special Envoy for Peace in Sudan, Senator Danforth, and his team.
  • Calls for: multilateralization of economic and diplomatic tools to compel Sudan to enter into a good faith peace process; support for democratic development in areas of Sudan outside government control; continued support for people-to-people reconciliation in non-government-controlled areas; strengthening of humanitarian relief mechanisms; and multilateral cooperation toward these ends.
  • Condemns violations of human rights on all sides of the conflict; the government's human rights record; the slave trade; government use of militia and other forces to support slave raiding; and aerial bombardment of civilian targets.

Funding Authorized for Use in Areas Outside Sudan Government Control

The Act authorizes to be appropriated $100 million for each of the fiscal years 2003, 2004, and 2005 for assistance to areas outside government control to prepare the population for peace and democratic governance, including support for civil administration, communications infrastructure, education, health, and agriculture.

Certifications and Actions

The U.S. President must certify within 6 months of enactment, and each 6 months thereafter, that the Sudan Government and the Sudan People's Liberation Movement are negotiating in good faith and that negotiations should continue.  If, under this provision, the President certifies that the government has not engaged in good faith negotiations or has unreasonably interfered with humanitarian efforts, the Act states that the President, after consultation with the Congress, shall implement the following measures:

  • Seek a UN Security Council resolution for an arms embargo on the Sudanese government
  • Instruct U.S. executive directors to vote against and actively oppose loans, credits, and guarantees by international financial institutions
  • Take all necessary and appropriate steps to deny Sudan government access to oil revenues in order to ensure that the funds are not used for military purposes
  • Consider downgrading or suspending diplomatic relations

If the Sudan People's Liberation Movement is found not to be negotiating in good faith, none of the above provisions shall apply to the Sudanese Government.

The Act also states that, if the President certifies that Sudan is not in compliance with the terms of a permanent peace agreement between the government and the Sudan People's Liberation Movement, then the President, after consultation with the Congress, shall implement the measures described above.

As with other similar provisions, these provisions will be construed in a manner consistent with the President's constitutional responsibility for the conduct of foreign relations.

Reporting Requirements

  • Within six months of enactment and annually thereafter, a report by the Secretary of State on the Sudan conflict, to include:  the status of Sudan's development and use of oil resources; description of the extent to which financing was secured in the U.S. or with involvement of U.S. citizens; estimates of the extent of government aerial bombardment; description of extent to which government or other forces have obstructed or manipulated humanitarian relief.
  • Quarterly report by the President on the status of the peace process if, at any time after the President makes a certification as specified, Sudan discontinues negotiations for 14 days.
  • Semiannual report by the Secretary of the Treasury describing U.S. steps to oppose loans, credits, or guarantees, if financing is given despite U.S. opposition.
  • Report by the President, within 45 days of taking action to deny the Sudan government access to oil revenues, providing a comprehensive plan for implementation.

Humanitarian Relief

  • The President should seek to end Sudan veto power over and manipulation of United Nations humanitarian relief efforts carried out through Operation Lifeline Sudan.
  • The President should increase the use of agencies other than Operation Lifeline Sudan for humanitarian relief efforts in southern Sudan.  Requires submission within ninety days of enactment of a report describing progress made to achieve this.
  • Requires development of a contingency plan to provide the greatest possible amount of U.S. and privately-donated relief to all affected areas of Sudan in the event that Sudan imposes a total, partial or incremental ban on Operation Lifeline Sudan air transport relief flights.

War Crimes

  • Requires the Secretary of State to 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.
  • Requires submission of a report from the Secretary of State within six months after enactment, and annually thereafter, on the information collected and any findings or determinations made, subject to protection of sensitive sources or other national security interests.

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