91. Telegram From the Department of State to All Diplomatic and Consular Posts1
282352. Subject: Guidance on Human Rights Provisions of New Development Assistance Legislation.
1. Summary: New legislation amending Foreign Assistance Act (FAA) requires SecState to provide to Congress an annual report on status of human rights in all countries receiving development assistance. FAA already contained requirements for such a report on countries receiving security assistance. Reports on both development and [Page 308] security assistance countries will be submitted to Congress by January 31, 1978. Posts in recipient countries are required to inform host governments of new reporting requirement and/or to remind them of previous requirements. End summary.
2. On August 3, 1977, the President signed the “International Development and Food Assistance Act of 1977.”2 Section 111 of this act extensively revises Section 116 of 1961 Foreign Assistance act. Section 116 now reads as follows:
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Sec. 116. 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 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.
(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 International Relations 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 detailed 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.
(C) 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 Coordinator for Human Rights and Humanitarian Affairs—1) the extent of cooperation of such government in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations, including the International Committee of the Red Cross, or groups or persons acting under the authority of the United Nations or of the Organization of American States; and 2) specific actions which have been taken by the President or the Congress relating to multilateral or secu[Page 309]rity assistance to a less developed country because of the human rights practices or policies of such country.
(D) The Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by January 31 of each year, a full and complete report regarding—(1) the status of internationally recognized human rights, within the meaning of Subsection (A), in countries receiving assistance under this part; and (2) the steps the administrator has taken to alter United States programs under this part in any country because of human rights considerations.
(E) Of the funds made available under this chapter for the fiscal year 1978, not less than $750,000 may be used only for studies to identify, and for openly carrying out, programs and activities which will encourage or promote increased adherence to civil and political rights, as set forth in the Universal Declaration of Human Rights, in countries eligible for assistance under this chapter. None of these funds may be used, directly or indirectly, to influence the outcome of any election in any country.
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3. This legislation requires the Secretary of State to transmit to Congress human rights reports on all countries receiving development assistance by January 31, 1978. In accordance with the interpretation of the provision by the AID General Counsel, the Department plans to submit reports on countries receiving assistance in FY78 and proposed to receive it in FY79. This new requirement for country human rights reports on recipients of bilateral development assistance is in addition to the annual reports the Secretary of State is required to provide to Congress on countries receiving security assistance from the United States pursuant to Section 502B of the Foreign Assistance Act of 1961, as amended. (See 76 State 231122).3 The Department plans to submit the human rights reports on both development and security assistance countries by January 31, 1978.
4. Reports for both categories of countries will be identical in format and substance. They will be unclassified versions of part A of the human rights country evaluation plans (CEP) which most posts have either drafted or received from the Department for review and clearance.
[Page 310]5. The reports are now being completed and cleared in the Department. Well before submission to Congress, the Department will telegraphically provide the final texts to posts in each country for which either security assistance or development assistance human rights reports are required (refer to lists of countries in each category below). Congress can be expected to make public all of these reports immediately after their submission.
6. Action requested: Posts in countries with which the U.S. has or expects to have development assistance programs should seek an appropriate opportunity to provide host governments, at an appropriate level, with the text of human rights provisions of revised Section 116 of the FAA, and report reactions, if any. In addition, posts in security assistance recipient countries should remind host governments, at an appropriate level, of the human rights reports required under Section 502B of the FAA (refer to 76 State 231122). Posts should also advise governments that reports for countries in both types of assistance programs will be provided to Congress by January 31, 1978. Posts should avoid implying that this representation assures the provision of either type of assistance, since budget deliberations are still underway within the Executive Branch of FY79 proposals.
7. Embassies in countries which receive neither form of assistance may, at their discretion, also bring to the attention of host governments the requirements of Sections 116 and 502B of the FAA of 1961 as amended.
8. FYI. Following are countries currently receiving, or expected to be proposed for, development assistance, including those receiving assistance under narcotics programs and housing guarantee programs, and on which human rights reports will be submitted under amended Section 116.
ARA—Bolivia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay.
NEA—Afghanistan, Bangladesh, India, Israel, Lebanon, Morocco, Nepal, Pakistan, Sri Lanka, Tunisia, Yemen (Sana).
EA—Burma, Indonesia, Korea, Malaysia, Philippines, Thailand.
AF—Benin, Botswana, Burundi, Cameroon, Cape Verde, Central African Empire, Chad, Djibouti, Ethiopia, Gambia, Ghana, Guinea, Guinea-Bissau, Ivory Coast, Kenya, Lesotho, Liberia, Malawi, Mali, Mauritania, Mozambique, Niger, Rwanda, Senegal, Sierra Leone, Somalia, Sudan, Swaziland, Tanzania, Togo, Upper Volta, Zaire, Zambia.
9. The following countries are currently expected to be proposed for a security assistance program which will require the submission of a human rights report under Section 502B.
[Page 311]EUR—Austria, Belgium, Canada, Cyprus, Denmark, Finland, France, Germany (FRG), Greece, Iceland, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, Yugoslavia.
NEA—Afghanistan, Bahrain, Bangladesh, Egypt, India, Iran, Israel, Jordan, Kuwait, Lebanon, Morocco, Nepal, Oman, Pakistan, Saudi Arabia, Sri Lanka, Syria, Tunisia, United Arab Emirates, Yemen (Sana).
AF—Cameroon, Chad, Ethiopia, Gabon, Ghana, Ivory Coast, Kenya, Lesotho, Liberia, Mali, Nigeria, Rwanda, Senegal, Sierra Leone, Sudan, Upper Volta, Zaire, Zambia.
EA—Australia, Brunei, Burma, Republic of China, Fiji, Indonesia, Japan, Korea, Malaysia, New Zealand, Philippines, Singapore, Thailand.
ARA—Bolivia, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela.
10. Brazil will be subject of septel.4
- Source: National Archives, RG 59, Central Foreign Policy File, D770439–0217. Limited Official Use. Drafted in HA/HR; cleared in draft by Swift, Collins, Runyons, Clapp, Martens, David Moran, Fuerth, and Lister; approved by Schneider. Also sent to CINCPAC, CINCEUR, SecDef, JCS, and CINCSO.↩
- See footnote 2, Document 86.↩
- In telegram 231122 to all diplomatic and consular posts, September 17, 1976, the Department provided guidance regarding the International Security Assistance and Arms Export Control Act of 1976 (see footnote 5, Document 1), which Ford signed into law on June 30, 1976. (National Archives, RG 59, Central Foreign Policy File, D760353–0445)↩
- In telegram 288192 to Brasilia, December 2, the Department indicated that it did not plan to submit a human rights report for Brazil, unless the Embassy recommended to the contrary, and added that the Embassy should inform the Government of Brazil that “inaction on our part will make Brazil ineligible for new FMS cash sales, FMS financing, grant training, and all economic development assistance in FY 1979.” (National Archives, RG 59, Central Foreign Policy File, D770448–0518)↩