July 10, 2002 CONGRESSIONAL RECORD — HOUSE H4491 I think Everett Dirksen said a billion the gentleman for joining us for this Pettaway, Coach Perkins, Barton Nelson, Er- here and a billion there, and pretty special order tonight. I certainly agree nest Camel and Robert Young. soon you are talking about real money. with the gentleman. I think it is time 8. The immediate firing by Judge Paul $1.8 trillion times 35 percent, $630 mil- we do something in terms of covering Friedman of Al Pires and Phil Frans as lead lion is a whole lot of money. those seniors falling through the counsel in the Pigford v. Glickman Class Ac- I want to congratulate our colleagues cracks, but I think as I said, and the tion. for the bill we passed last week. There gentleman and I both said at a news 9. Settle the Matthew Grant (deceased), are a lot of good things in it. But I do conference a few days before the vote Richard Grant, Dexter Davis and Howard want to chastise them on this. The au- on that bill, that the real issue is af- Coates (deceased) administrative cases by thor of that bill stood here in front of fordability. If we are to do our job and August 1, 2002 in a fair and equitable manner. this very microphone and said his plan effectively deal, we cannot sustain this FEDERATION/LAF SUPPORTS BLACK FARMER would save about $18 billion over 10 kind of a chart. With 19 percent in- PROTEST AGAINST USDA IN TENNESSEE DE- years. Well, that is good. $18 billion creases in the costs of prescription MANDS MEANINGFUL ACROSS THE BOARD RE- SPONSE FROM USDA AND CONGRESS versus $630 billion. I will ask America drugs and 3.5 percent increases in So- Atlanta, GA.—This week Black farmers oc- which program they want. cial Security cost-of-living adjust- cupied the US Department off Agriculture’s Mr. KINGSTON. Well, I think that it ments, that just cannot last. Haywood County Agricultural Extension is sensible to explore both options. We have to do more on the afford- Agency in west Tennessee. They decried the Mr. GUTKNECHT. Right. ability side so that we can do more on fact that even in spite of the recent law suit Mr. KINGSTON. I did support the the coverage side, and reimportation, against the USDA, grievous violations Tauzin bill, the Thomas bill, the one reforming the FDA, reforming the tort against Black farmers continue. As the pri- the gentleman from Ohio (Mr. liability laws, making it easier for ge- mary organization working in support of PORTMAN) and the gentlewoman from Black farmers across the south for 35 years, neric drugs to come on the market, all the Federation of Southern Cooperatives/ Connecticut (Mrs. JOHNSON) and so of those things will go a long ways to- Land Assistance Fund (Federation/LAF) sup- many others on the Committee on ward making prescription drugs afford- ports the efforts of the ‘‘Black Farmers and Ways and Means and Committee on En- able here in the United States. Agriculturalist Association’’ as it’s members ergy and Commerce, the gentleman We are willing to pay our fair share occupy the USDA offices. from North Carolina (Mr. BURR), have in terms of the research for those pre- ‘‘We support this effort because it high- championed. scription drugs, but the time has come lights the appalling lack of justice to Black The way I understand that bill, it is farmers over the past century and clearly to say to the rest of the world, we are demonstrates the need for immediate and basically for a premium of about $35 a not going to continue to subsidize the corrective steps by Mr. Bush’s Agriculture month, seniors on a voluntary basis starving Swiss. Secretary, Ann Veneman’’ said Ralph Paige, would enroll in a program where they f Executive Director of the Federation/LAF. would take a $250 deductible, and from In 1999, Black farmers settled their suit $250 to $1,000 Medicare would pick up 80 HELPING HAITI TO MOVE PAST against the USDA after years of struggle to percent of the cost of drugs; then from CURRENT POLITICAL CRISIS receive information, technical assistance $1,000 to $2,000, Medicare would pick up The SPEAKER pro tempore (Mr. and loans from this agency that was touted as being the lending institution of last re- 50 percent; and then there is a gap, and OSBORNE). Under the Speaker’s an- sort. The irony is that the USDA policies in- there is a reason for that. nounced policy of January 3, 2001, the variably are in place to support huge cor- Most of the people are going to fall gentleman from Michigan (Mr. CON- porate farms at the expense of family farm- under $2,000, but from $2,000 to about YERS) is recognized for 60 minutes. ers everywhere, and, in particular, Black $3,800, the senior would pay for 100 per- Mr. CONYERS. Mr. Speaker, I will family farmers who now struggle to hold on cent. Beyond that, Medicare picks up insert some materials in the RECORD to their dwindling land base. In fact, in 1982 the tab. So you have catastrophic cov- about the plight of the African Amer- the US Commission on Civil Rights reported erage. Unfortunately, there are a lot of ican farmers in this country who, hav- that the primary reason Blacks have lost land is because of the USDA itself. These people these days having to pay $6,000, ing won a wonderful court decision facts were supported by the USDA in it’s $7,000, $8,000, $10,000, $20,000 a year on that resulted in a consent decree, are Civil Rights Action Team report in the late drugs. But so many people are in a life- still faced with discrimination, delayed 1990’s. style now where they have to take payments and all other kinds of prob- When Black farmers sued the USDA, 22,692 three, four, five, six pills a day. lems which were really the basis of farmers filed claims. To date more than $615 I talked to a man over the weekend them bringing the suit in 1999. So I will million has been dispersed to class members. Currently only 60% of those who filed claims or over last week at one of my 11 town insert in the RECORD the Federation of have received payment along with injunctive meetings, and he is actually having to Southern Cooperatives’ statement, the relief and thousands who were denied class take 2 pills a day, $17 each. So he is statement of our colleague the gentle- status are appealing to the Monitor in the having to spend each and every day $34 woman from North Carolina (Mrs. case for reconsideration. An additional 68,000 on just two pills. He is only 51 years CLAYTON) and my own statement. farmers filed late claims. The Federation/ old. I hope he lives 50 more years at Black farmers demands: LAF has assisted the farmers as they strug- least, but the reality is, can you imag- 1. To Meet with Secretary of Agriculture Ann gled with the severe complications and ine at age 51 having to pay $34 each and M. Veneman before July 16, 2002 We want delays in the law suit settlement process. To date, thousands of farmers who have filed every single day? confirmation of her agreement to meet by 3:30 late claims have yet to be processed and These miracle drugs are important. pm today, EST. many of the initial claimants are still suf- They have done a lot. They reduce our 2. An immediate moratorium on all farm fering from bureaucratic entanglements as pain, they give us a better quality of foreclosures by Secretary Veneman. they await their payment or other com- life, they keep us out of the hospital, 3. The immediate termination of all USDA pensation. so there is no argument about you are officers who have been found guilty of dis- Perhaps one of the most disturbing going to take your medicine. But the crimination. aftermaths of the law suit settlement is the cost of it is phenomenal. 4. The Federal Court halt of all proceedings assumption that things would change at USDA. This was not to be. While there is a I do think that the Republican Party in the Pigford Consent Decree until the mess Monitor in place to assist class members took a very significant first step on a can be straightened out. should they suffer discrimination in USDA bipartisan basis the week before last 5. That the USDA ceases and desists on offices, the same USDA staff that over the with the prescription drug plan. I hope intercepting the federal farm program pay- years has wreaked havoc on Black farmers that the other body will act on theirs ments to farmers in the Pigford v. Glickman still sit in USDA offices across the South. and maybe we can get together. But Class Action. They have not been reprimanded or made ac- the point is, we have taken a very sig- 6. That the USDA cease and desist on countable in any way for their discrimina- nificant step. But I certainly agree claiming tax return payments to farmers who tory practices. These are the same staff who farmers face daily in USDA offices as they with the gentleman that the next log- are part of the Pigford v. Glickman Class Ac- seek services and loans. ical step is drug reimportation. tion. All this is further compounded by a USDA Mr. GUTKNECHT. We only have 7. That USDA tells us the loan status of and Congress that continue to support cor- about 1 minute left. I want to thank Tennessee farmer James Hood, Gerald porate farmers rather than family farmers

VerDate jun 06 2002 02:36 Jul 11, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K10JY7.147 pfrm15 PsN: H10PT1 H4492 CONGRESSIONAL RECORD — HOUSE July 10, 2002 that have always been the backbone of the continuation of their discriminatory were well publicized, and, when the deadlines American agriculture. The recently passed practices. were extended, it still reportedly remained dif- Farm Bill is a prime example of these poli- Finally, notwithstanding the huge number ficult to know when or how to get or file the cies, which provides for huge subsidies to of farmers who have not been processed in benefit the largest corporate farmers in the case as mentioned above, there are thou- appropriate application. America. There is little in the 2002 Farm Bill sands of Black farmers across the country As a result, the Department has only paid that will assist small farmers. who learned about the suit too late to par- out about $650 million of the $2.2 Billion in For example, after the 1982 US Commission ticipate. It is also clear that the Black farm- damages estimated at the time of the settle- on Civil Rights cited the USDA violations er settlement should have been stronger in ment. against Black farmers, the Federal/LAF addressing the systematic discrimination in At the very least, the Secretary has to put formed a coalition to address this issue. The the implementation of USDA programs. We in place immediately a moratorium on fore- Federation/LAF wrote the Minority Farmers urge U.S. District Court Judge Paul Fried- Rights Act which, thanks to the Federation/ closing black farmers. Justice requires a waiv- man to seriously consider all of these issues er for those farmers who lost their farms or LAF and coalition support, was incorporated as he reviews the problems in the law suit into the 1990 Farm Bill. It is now known as settlement and ways in which the case could who could not repay their loans because they the ‘‘Outreach and Technical Assistance Pro- still be used to improve the USDA’s perform- suffered discrimination or natural disaster. gram’’ (Section 2501). This marked the first ance and services to minority farmers. The Secretary has to institute policies that time that federal monies were to be devoted ‘‘Organizations that support Black farmers assure us that career employees at the USDA to provide technical assistance to minority are often accused of playing the race card, are taking seriously the promises USDA made farmers. Initially Congress authorized $10 but we have to play the card that we are to the farmers, namely, that USDA intended to million annually for the program, and in the dealt. It seems clear that race and size of remedy decades of discrimination. Among 2002 Farm Bill Congress raised the author- farm operation are the reasons for the lack ized to $25 million. Yet the Congressional ap- of support and assistance from Congress and those policies, the Secretary must track the propriations committee has never even come the USDA and we demand a change in these extent to which black farmers are participating close to appropriating the authorized policies toward an equitable and just agri- in these programs. She must ensure that amount for this important program, which culture system in America’’ said Jerry black farmers are being treated fairly and re- serves thousands of black and other minority Pennick, director of the Federation’s Land spectfully at the County level. She must there- farmers. Assistance Fund. fore assure us that the county committee elec- Out of the huge federal budget, not more than $3.2 million has ever been appropriated Mr. CONYERS. Mr. Speaker, more than 200 tions are democratic—and that means fair and for Section 2501, which must be distributed black farmers in Tennessee stormed the U.S. open elections. She must appoint minority vot- among numerous community based organiza- Department of Agriculture (USDA) and occu- ing members if minorities are not otherwise tions and land grant colleges. Once again, pied the agency’s offices last week for six long represented. this year Congress appears to be denying the days to protest the mistreatment they’ve suf- Finally, it is high time that we have an As- needed funding for this program, suggesting fered at the hands of USDA county officials. sistant Secretary for Civil Rights at the Depart- an appallingly low $3.4 million appropria- Agriculture Secretary Ann Veneman has re- ment of Agriculture. It was wrong that that of- tion. This will yet again severely dilute the portedly agreed to meet with the farmers this fice was disbanded in 1983. It is a shame and resources and technical assistance that could be provided to farmers. Many view funding Friday, July 12th, to address their grievances. a disgrace that nothing has been done to rem- for this program as a hand-out to African In my opinion, something had better come out edy that omission after the signing of this so- American community based organizations of this meeting to address the wrongs these called settlement. and historically Black land grant colleges, farmers have suffered for so long. If the Secretary does these things that I’ve while at the same time Congress distributes We thought we had settled this problem in respectfully suggested are the bare minimum, billions of tax payers dollars into the coffers 1999 when the black farmers signed a race and addressed the remaining demands of the of corporate agriculture. discrimination settlement with the Department black farmers, then the protest last week in ‘‘The $3.4 million appropriation for thou- Tennessee will not have been in vain and the sands of minority farmers is too limited in of Agriculture. That law suit, Pigford v. Glick- comparison to the millions given to the top man, charged that the Department had wrong- meeting this Friday will not be the empty ges- five corporate farmers in America’’ said ly denied black farmers loans, crop subsidies ture the black farmers have grown accus- John Zippert, Director of Programs for the and other farm program benefits because of tomed to expect from the USDA. Federation/LAF. ‘‘Where, we ask, is the jus- discrimination. The Department was so indif- Mrs. CLAYTON. Mr. Speaker, the plight of tice and democracy in a system that builds ferent to its responsibility to guard against dis- the Black Farmers continues to be fragile and the wealth of the top 5 farmers in a country crimination that it had no procedural mecha- uncertain in spite of the Black Farmer’s Law of 270 million people? A program, such as nism in place to deal with discrimination com- Suit or because of it. The recent ruling by the 2501, however, serves thousands of farmers U.S. Appellant Court in Washington, DC. and insures pluralism and equity for all plaints; indeed, it had disbanded its Office of farmers and not just a few.’’ The success of Civil Rights years earlier, in 1983. Pigford v. Ann M. Veneman’’, clearly said that the Minority Farm Outreach and Technical The settlement was supposed to address a the farmers have suffered double-betrayal first Assistance Program cannot be overesti- variety of past racial injustices. It was sup- by the Department and then by their own law- mated. In virtually every area where the pro- posed to pay $50,000 each to any black farm- yers. gram has been implemented on a sustained er who had suffered discrimination. It was also The Recent protest of Black Farmers in the basis there has been an increase in the num- supposed to forgive those debts the Depart- State of Tennessee demonstrates that the ber of Black farmers as well as farmer sus- ment of Agriculture had unfairly assessed U.S. Department of Agriculture continues to ig- tainability and profits. nore minority farmers who are small and dis- Additionally, there needs to be a speedy against black farmers from 1983 to 1999. Inci- implementation of other sections of the 2002 dentally, the sum of $50,000 payments and advantaged. Farm Bill that deal with equity for minority forgiven debt was estimated to be about $2.2 The recent legislative victories for Civil farmers which include: the appointment of a Billion. This agreement was supposed to as- Rights within the Farm Bill must be imple- new USDA Assistant Secretary for Civil sure black farmers discrimination-free access mented immediately to ensure that passed Rights; sections of the bill that address a to USDA programs in the future. It was sup- practices of discrimination and denials are pre- more equitable selection of the County Com- posed to guarantee an expedited procedure vented and corrected. Those victories in- mittees that govern agriculture policy at the designed to resolve quickly those claims that cluded: local level; making more USDA direct and (1) An Assistant Secretary for Civil Rights at guaranteed loans available to family farm- black farmers had pending with USDA for ers; insuring that injunctive relief available years. USDA through the Black farmer law suit is effec- The settlement might have been heralded (2) Language that required the Secretary to tively disbursed which is, for one, priority today as a terrific agreement except for the track program participation of minority farmers; consideration for USDA loans. fact that the Department’s performance, mean- county committee elections to be fair and Even in spite of the law suit and now the ing its execution of the agreement, did not live open; the appointment of a minority voting on-going complaints by Black farmers due to up to its promise. member when not represented the egregious treatment they continue to re- Past wrongs were not redressed fully and (3) Provide waivers for farmers who lost ceive from USDA, Congress does not seem to their farms or who could not repay their loans open its eyes to programs already in place timely. that could alleviate many of the problems Black farmers continued to get significantly due to discrimination or natural disaster. experienced by minority farmers. Clearly, lower program yields than their white counter- Additionally the Section 2501 Outreach Pro- Congress needs to support programs that parts in the same counties. gram to assist disadvantaged farmers was re- have a proven track record and the USDA Without attributing blame here, there was authorized and an annual funding level in- needs to address the problems of its staff and some question of whether the filing deadlines creased from $10 million to $25 million with

VerDate jun 06 2002 02:36 Jul 11, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 9920 E:\CR\FM\A10JY7.046 pfrm15 PsN: H10PT1 July 10, 2002 CONGRESSIONAL RECORD — HOUSE H4493 approved increased funding for research and a great hurdle for the Government of Haiti and and we, the great democratic country of the extension for Historical Black Land Grant Col- indicates significant progress. It is reported world had to enact not one but two voting leges. that Aristide has proposed elections for all 83 rights acts to give blacks and other minori- I call on the House of Representatives to ty’s unfettered access to the polls. And even House of Assembly seats and two-thirds of the today, this access continues to be under- fully fund these programs and on the Adminis- 27-seat Senate in November. Local elections mined by court determinations of gerry- tration to immediately implement these policies would be held next year. We must encourage mandering. But for those of us who are un- and administrative changes. all parties to continue to come to the table to comfortable examining our own struggle Mr. CONYERS. Mr. Speaker, this work out agreement for the good of all Hai- with democracy as we are the beacon of particular special order is brought tians. democratic values, let us examine how we about because of the circumstances in Also, we must end the unfair treatment of have dealt with other countries in similar Haiti, which a number of us have been Haitians. Under the current policy in Miami, straits, such the country of Peru.’’ The Inter-Development Bank also weighed working on in this body for many most people who arrive in the U.S. seeking years, both Democrats and Repub- in to preclude the distribution of aid when asylum remained free after showing credible Executive Director of the United States, licans. We have followed with great in- fear of persecution until their requests are de- Larry Harriman, sent a letter to the Presi- terest the attempts to get the demo- cided. Before December, the INS routinely re- dent Igglesias of the Inter-American Bank cratic, both political and economic, leased refugees who passed credible-fear requesting the Bank not to authorize dis- bases in place in Haiti, so we want to interviews—unless they were deemed special bursement of the 145.9 million in loans which discuss this program and these efforts security risks connected to September 11. has been approved prior to this legislation. with the membership today. That is still the case for asylum seekers from This was an unprecedented step—never taken at this stage before by the Bank. First of all, there has been what we Colombia, Venezuela, Central America and al- call a political stalemate that arises These loans are designated for the social most any place else—for everyone except sector: Rural roads and rehabilitation pro- from alleged irregularities in an elec- Haitians. Unlike others, Haitians seeking a gram, $50 million; reorganization of the tion held in May 2000. As a result, there chance to prove that they deserve asylum sta- health sector, $22.5 million; potable water has been a freezing of needed financial tus are immediately imprisoned even if they, and sanitation, $54 million; and basic edu- aid that we think maybe there is a new like others are able to demonstrate initial cation program, $19.4 million. effort coming forward to unblock. So grounds of credible fear for an asylum claim. B. ENCOURAGING SIGNS we have new hope that the political [Memo from Cynthia Martin, Legislative Di- (a) IDB has agreed to send mission to Haiti part of this problem will be resolved rector and Counsel, Cong. John Conyers, to investigate the re-institution of extending and that Haiti will begin to receive Jr., to CBC AAs/COS; CBC Contacts; CBC loans to Haiti. funds from international organizations, LDs; CBC Press Scys; CBC Schedulers, (b) Political crisis end in sight—For the the International Monetary Fund, the July 10, 2002] first time in two years President and the Op- position party met though they unable to HAITI SPECIAL ORDER World Bank, the Inter-American Bank come to an agreement. However, OAS Assist- and others that are anxious to help Please join us for the special order on ant Secretary General Luigi Ennui met with Haiti, which is in a very serious eco- Haiti. We have the second Democratic hour— President Aristide on Monday and insisted nomic crisis. it should begin at approximately 7:30. that ‘‘The government is assuming its re- Mr. Speaker, I will put my statement Let’s support Haiti in to efforts to move sponsibilities.’’ This is especially positive in in the record and also background in- past the current political crisis. that it is an indication by the representative formation on Haiti. In addition, I will A. BACKGROUND of the U.S. that the Government of Haiti is include a letter to the distinguished Haiti’s political stalemate stems from al- responding appropriately. This acknowledge- Attorney General, John Ashcroft, leged irregularities in the May 2000 legisla- ment overcomes a great hurdle for the Gov- ernment of Haiti and indicates significant which expresses the strong dissatisfac- tive elections. Efforts to reach an accord have been hampered by wave of violence progress. It is reported that Aristide has pro- tion toward the Haitian asylum seek- which culminated with the Dec. 17, 2000 at- posed elections for all 83 House of Assembly ers who are singled out and returned tack at the National Palace. The continuing seats and two-thirds of the 27 Senate seats in without any interviews or determina- dispute has kept Haiti isolated on the inter- November. Local elections would be held tion of whether they are at risk in national front freezing badly needed finan- next year. We must encourage all parties to going back to their country. cial aid from abroad. According to the U.S., continue to come to the table to work our Today I rise to support Haiti in their ongoing the OAS and many foreign governments, the agreement for the good of all Haitians. efforts to end the political stalemate and move Provisional Electoral Council unfairly tab- (c) Haiti Gains full integration into Cari- oca. past the political crisis. Haiti’s political stale- ulated results from Senate districts, which resulted in ten contested seats. It is the Con- C. IMMIGRATION mate stems from alleged irregularities in the gressional Black Caucus’ position that the May 2000 legislative elections. Efforts to reach Under the current policy in Miami, most issue of electoral crisis should not be tied to people who arrive in the U.S. seeking asylum an accord have been hampered by waves of these humanitarian funds. The political hag- remain free after showing credible fear of violence which culminated with the December gling between the U.S. and Haiti is killing persecution until their requests are decided. 17, 2000 attack at the National Palace. The the people of Haiti. Before December, the INS routinely released continuing dispute has kept Haiti isolated on The U.S. Congress suspended aid with the refugees who passed credible-fear inter- the international front freezing badly needed fi- following language which was a part of the views—unless they were deemed special secu- nancial aid from abroad. According to the U.S. Legislative Affairs Appropriation bill in July rity risks connected to Sept. 11. That is still of 2000. In July of 2000, Mr. Conyers at- the case for asylum seekers from Colombia, the OAS and many foreign governments, the tempted to thwart efforts to have direct aid Provisional Electoral Council unfairly tabulated Venezuela, Central America and almost any to Haiti suspended by introducing a motion place else—for everyone except Haitians. Un- results from Senate districts, which resulted in to strike the language which precludes as- like others, Haitians seeking a chance to ten contested seats. It is the Congressional sistance to the government of Haiti unless it prove that they deserve asylum status are Black Caucus’ position that the issue of elec- met the two following preconditions: (1) The immediately imprisoned even if they, like toral crisis should not be tied to these humani- Secretary of State reports to the Committee others are able to demonstrate initial tarian funds. The political haggling between on Appropriations that Haiti has held free grounds of credible fear for an asylum claim. the U.S. and Haiti is killing the people of Haiti. and fair elections to seat a new parliament; We must be encouraged with the movement and (2) The Director of the Office of National [Memo from Bob Corbett, June 16, 2002] Drug Policy Control reports to the Commit- HAITI’S PRESIDENT, OPPOSITION LEADERS on the political front, even though it may not tees on Appropriations that the Government MEET be as much as we would like. For the first of Haiti is fully cooperating with the United time in two years the President and the Oppo- States efforts to interdict drug traffic From: Greg Chamberlain sition party met though they were unable to through Haiti to the United States. (By Michael Deibert) come to an agreement. However, OAS Assist- Mr. Conyers stated, ‘‘This language limited PORT-AU-PRINCE, HAITI, June 15 (Reuters)— ant Secretary General Luigi Ennui met with assistance to the Government of Haiti and Haitian President Jean-Bertrand Aristide President Aristide on Monday and insisted that continues to represent a double standard. In met with opposition leaders on Saturday for effect, we are holding Haiti to a higher ‘‘The government is assuming its responsibil- the first time in two years to resolve a two- standard than we are holding other nations year-old electoral crisis, and both sides made ities.’’ This is especially positive in that it is an including ourselves. Lest we forget, it was positive remarks afterward. indication by the representative of the U.S. only a few years ago that we had to send in One of the opposition figures who attended that the Government of Haiti is responding ap- federal re-enforcement to allow people to the meeting said Aristide told them he would propriately. This acknowledgment overcomes vote in my own backyard of Flint, Michigan act to address their concerns. An Aristide

VerDate jun 06 2002 03:40 Jul 11, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JY7.049 pfrm15 PsN: H10PT1 H4494 CONGRESSIONAL RECORD — HOUSE July 10, 2002 aide said the president wanted to put an end Einaudi’s visit, which began Friday, was Let’s stay in touch as events unfold. to the dispute that has resulted in the freez- his third this year and his 24th since the cri- Thanks, Misty. ing of some $500 million in international aid. sis arose over flawed 2000 legislative elec- Aristide met with officials of the Demo- tions swept by Aristide’s party. JUNE 20, 2002. cratic Convergence opposition coalition at The international community blocked hun- Hon. JOHN ASHCROFT, the Port-au-Prince residence of Haiti’s papal dred of millions of dollars in aid that it says Attorney General, Department of Justice, nuncio, Luigi Bonazzi, the same location will not be released until both sides agree on Washington, DC. where they last met two years ago. new elections. DEAR ATTORNEY GENERAL ASHCROFT: We The Convergence has charged that legisla- Einaudi said he would ask the OAS Perma- write to express our strong dissatisfaction tive elections held in May 2000 were tab- nent Council for new instructions later this with the current policy towards Haitian asy- ulated unfairly to favor Aristide’s Lavalas month. lum-seekers which we believe is discrimina- Family political party. Convergence member tory and falls short of the law and principles parties then refused to participate in presi- [Memo from Misty Brown to Keenan Keller, according to which the American govern- dential elections that saw Aristide gain the Cynthia Martin, Kathleen Sengstock, John ment should act. Under the current policy in presidency for a second time in November Schelble, Noelle Lusane, Brandi Hilliard, Miami, asylum seekers from Haiti are treat- 2000. Michael Riggs, Paul Brathwaite, June 19, ed differently from—worse than—asylum After an apparent coup attempt in Decem- 2002] seekers from any other country solely on the ber 2001 during which gunmen stormed the HAITI—IDB ISSUE basis of their national origin. This policy is highly discriminatory and supported by National Palace, Aristide partisans took to Hey guys, I’m happy to report that the the streets of the capital, burning down of- questionable legality and justifications. IDB’s Full Board of Directors approved the As we understand the policy of your de- fices and homes affiliated with the opposi- waiver requested by the bank’s management tion. partment in Miami, most people who arrive to allow a mission to travel to Haiti to dis- in the U.S. seeking asylum remain free after ‘‘Aristide has assured us that he will act to cuss reformation of the four loans. ‘‘Go satisfy the conditions needed to restart the showing credible fear of persecution until CBC!!’’ their requests are decided. If the request is negotiations,’’ said Luc Mesadieu of the Con- Of course my next question became ‘‘how granted, they are allowed to stay. If the re- vergence-affiliated MOCHRENA party, who soon?.’’ I was informed that logistically the quest is denied, they are subject to deporta- attended the meetings along with opposition IDB will move post-haste. However, this mis- tion and may be held in detention pending figures Gerard Pierre-Charles and Hubert de sion will also include input from the OAS as their removal. But beginning in December of Ronceray. well as the World Bank and therefore the last year, the INS has followed a sharply dif- ‘‘He said that he will act against impunity need to coordinate efforts might delay the ferent and more restrictive policy regarding and address the issues of reparations and in- trip a bit. Nonetheless, it is the IDB’s inten- those people who arrive here from Haiti. Un- security.’’ tion to move forward and to express the like others, Haitians seeking a chance to The Convergence’s conditions for restart- CBC’s desire to the other parties that the prove that they deserve asylum status are ing substantive electoral negotiations in- mission is to move as thoroughly and quick- immediately imprisoned even if they, like clude the holding of new elections for several ly as possible to review conditions for re- others, are able to demonstrate initial disputed seats, the payment of reparations newed lending to Haiti. grounds of credible fear for an asylum claim. for property destroyed during the December As I pointed out in my earlier e-mail, re- unrest and the disarming of individuals they When the INS implemented this policy ceiving this conformation in writing will after the arrival of a boat carrying Haitian charge are pro-government militants. take just a minute. However, we can be reas- ‘‘President Aristide feels that it’s time to refugees in December of last year, your de- sured this time this information is on point. partment explained that the policy was in- step forward,’’ said National Palace spokes- Good work!!! man Luc Especa. ‘‘He would like to put an tended to ‘‘discourage further risk taking and avoid an immigration crisis of the mag- end to this crisis so we can concentrate on [Memo from Paul Brathwaite, Policy Direc- nitude which existed during the early 1980’s development and improving the lives of the tor, Congressional Black Caucus, to Misty and 1990’s with the Haitian and Cuban mass people of Haiti.’’ Brown, Keenan Keller, Cynthia Martin, migrations.’’ But this explanation would ap- The meeting was arranged by Luigi Eniadi, Kathleen Sengstock, John Schelble, Noelle pear to be contradicted by the simple fact assistant secretary-general of the Organiza- Lusane, Brandi Hilliard, Michael Riggs, that the policy does not apply to Cubans and tion of American States, who arrived in June 19, 2002] Haiti on June 10 to push for a resolution to there are many more potential refugees from Misty, Thanks for the clarification and for the electoral dispute, sources close to the Cuba than Haiti, due to Cuba’s closer prox- your work on this issue. And, thanks to ev- two sides said. imity for a risky sea voyage and larger popu- eryone for helping out this. We’ll keep our OAS officials were not immediately avail- lation. Furthermore, we understand that fingers crossed. able for comment. Haitians arriving by airplane are also sub- ject to this policy, with Haitians already ap- [Memo from Misty Brown to Keenan Keller, [Memo from Cliff Stammerman to Cynthia proved for asylum being indefinitely de- Cynthia Martin, Paul Brathwaite, Kath- Martin, Paul Oostburg, Michael Riggs, tained. These reports make the deterrent leen Sengstock, John Schelble, Noelle July 10, 2002] justification deeply suspect. Lusane, Brandi Hilliard, Michael Riggs, Thus far, pursuant to this policy, we are OAS OFFICIAL TO BREAK POLITICAL IMPASSE June 19, 2002] aware of more than 250 Haitian asylum seek- IN HAITI In a follow-up conversation with the IDB, I ers now detained in Florida. This causes par- (Dow Jones International News Service via wanted to clarify the e-mail I sent out on ticular problems with regard to children who Dow Jones) yesterday. My Member was told on yesterday are separated from their parents and placed PORT-AU-PRINCE, HAITI (AP)——Aban- that the mission to Haiti was a go, to which in separate facilities. In some cases the chil- doning what may be the last OAS attempt to I immediately relayed to you. However, as dren are released without their parents, and mediate an end to Haiti’s 2-year-old political your e-mail pointed out only the Program- the parents are not always able to ascertain impasse, Assistant Secretary-General Luigi ming Committee deliberated on the manage- the whereabouts of their children. In addi- Einaudi left Wednesday, empty-handed. ment’s proposal re: sending a mission from tion, many complaints have arisen regarding ‘‘The way we have approached the problem the IDB to Haiti to address or redress the the conditions in which the asylees are held. has not produced the expected results,’’ loans. Support of this mission will require a There is extreme overcrowding at the Krome Einaudi told reporters as he prepared to fly suspension of the rule that states that ‘‘as Detention facility, and some women are back to the Organization of American States long as a country is in the arrears, missions being held in maximum security county jails headquarters in Washington, D.C. as well as loans will remain suspended.’’ with violent criminals. ‘‘We need a new formula,’’ he said, without Nonetheless, the Programming Committee Many of the detainees—probably most—do spelling out an alternative. forwarded the Management’s proposal to the not have legal representation. And those But Einaudi’s impatience with opposition Committee as a whole with a favorite re- that do have counsel often face cases so ex- politicians filtered into his brief comments, sponse. pedited that the lawyers assisting them have leading some to conclude that the OAS may The Committee as a whole (which includes insufficient time to adequately prepare the bypass the opposition in the future. all 14 Countries) meets today. They will ei- detainee’s claims, thus leading to increases ‘‘The curtain has fallen on the sorry farce ther ratify, amend, or veto (for lack of a bet- in denials of asylum and orders of removal of OAS-mediated talks,’’ said former Presi- ter term) the measure. It is my under- since the policy went into effect. Indeed, the dent Leslie Manigat, who withdrew from the standing that given the pressing nature of very fact that these Haitians are confined opposition negotiating team earlier this the issue and the strong support from the under these difficult conditions makes it less year. CBC for the mission, the Committee is ex- likely that they will be able to prove their Now, the OAS probably will use the pretext pected. claims, regardless of whether the claims are of an upcoming electoral deadline to go with I was told that we might have a verbal an- legitimate. The policy seems clearly de- an elections timetable set by President swer as early as this afternoon. However, a signed to warehouse and then deport Hai- Jean-Bertrand Aristide’s Lavalas Family written response from the Board will take tians as quickly as possible, regardless of the party, Manigat suggested. some time. merits of their cases and regardless of the

VerDate jun 06 2002 03:40 Jul 11, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A10JY7.052 pfrm15 PsN: H10PT1 July 10, 2002 CONGRESSIONAL RECORD — HOUSE H4495 law on asylum claims which gives all asy- Despite the political problems, we pain, suffering, and death on human lum-seekers an equal chance to prove their have been increasingly aware of the hu- beings right here in our own neighbor- claims without regard to their national ori- manitarian crisis which is brewing in hood. We must address this injustice. gin. We would like you to include in your re- Haiti. Much of this crisis can be di- We must release IBD funds to Haiti. It sponse to this letter, answers to the fol- rectly pinned to the social sector re- is really our moral imperative, and we lowing questions: sources being blocked from the small must urge President Bush to step up to How many Haitians are currently being de- island nation. In fact, the United the plate. tained by the INS in Miami and in which fa- States representative to the Inter- Mr. CONYERS. Mr. Speaker, I want cilities? How many have been detained since American Development Bank directed to thank the gentlewoman for her ex- December when the new policy went into ef- fect? the bank’s president to block disbursal cellent exposition of the circumstances How many Haitians have been intercepted of four social sector loans to Haiti. there. on the high seas on a monthly basis over the These loans had been approved by the Am I correct in thinking that there last year? How many were brought to United bank’s board of directors and were rati- is a ray of hope, that it looks like the States? How many were returned to Haiti? fied by the Haitian parliament. Consid- political differences are being resolved How many Cubans have been intercepted ering Haiti’s current crisis, this action on the high seas on a monthly basis over the to the satisfaction of the World Bank last year? How many were brought to United is really inexcusable. authorities and that we may be moving States? How many were returned to Cuba? In April, I was joined by the gen- toward a resolution of the problem? Why does this policy apply only to Hai- tleman from Michigan (Mr. CONYERS) Ms. LEE. Mr. Speaker, I am cau- tians and not to Cubans or people of any and all 38 of my colleagues in the Con- tiously optimistic. I believe that there other nationality? How is this distinction gressional Black Caucus as we intro- is a team that went down to Haiti to singling out Haitians justified by law? duced legislation that would decouple begin to look at what is going on in the What was the rate of approval for Haitian political impasse from the humani- asylum seekers prior to the institution of four sectors and we have urged, and I this policy? What is the rate of approval tarian crisis in Haiti. This legislation believe the gentleman participated in since the policy came into effect? is called the New Partnership for Haiti the meeting, the bank officials to real- As the number of detainees appears to be Resolution, which now has over 60 co- ly understand why these loans should small, though significant, it does not appear sponsors. So I strongly urge my col- be released, and regardless of whatever that a mass exodus of Haitians is taking leagues to join us by signing on as a co- the political situation is, that the hu- place. And we stress again that there do ap- sponsor on a bipartisan basis to this pear to be fewer Haitians in this asylum cat- manitarian assistance is very impor- resolution. tant to prevent misery and untold egory than Cubans. Thus, the decision to sin- I have learned today in a Dow Jones gle out Haitians for this harsh treatment deaths which are now occurring as a re- International news report that what while they are seeking to avail themselves of sult of no funding being there. may be the last attempt by the OAS the American tradition—and law—of grant- Mr. CONYERS. So the gentlewoman Secretary General to mediate an end to ing refuge to people who face unjust persecu- is saying that regardless of what the tion at home is discriminatory and unfair. a 2-year-old political impasse has political position is, people should not We see absolutely no justification for this failed. It is clear that efforts to come starve or become destitute, subject to policy. We strongly urge you to reverse this to a resolution are not working. policy in Miami and treat Haitian asylum- Furthermore, we really cannot wait the ravages of extreme poverty, merely seekers equally to the way we treat asylum to end the political impasse, because because there is a political dispute be- seekers from other countries, as is required tween the parties. by law. humanitarian relief must be sent. We cannot wait any longer. The time has Ms. LEE. Absolutely. People have a Representatives Barney Frank, John right to basic health care, basic food, Conyers, Jr., Joseph Crowley, Howard come for the United States to dem- onstrate strong leadership by reform- and basic shelter. There is no way that L. Berman, Barbara Lee, Rosa L. we should be party to creating more DeLauro, Xavier Becerra, Corrine ing its policy toward Haiti. The United Brown, Carrie P. Meek, Alcee L. States policy of stalling the delivery of misery, and by our blocking funds Hastings, Michael E. Capuano, Maxine international humanitarian aid to which have already been negotiated; Waters, Scherrod Brown, Michael M. Haiti is fostering instability and anar- these are contracts that have already Honda, Maurice D. Hinchey, Jose´ E. chy in this struggling democracy. Hai- been signed off on, and for us to block Serrano, William D. Delahunt. ti’s miserable poverty is indisputable. that creates even more misery which Mr. CONYERS. Mr. Speaker, it is Furthermore, we can no longer bury creates even more instability, so it be- now with great pleasure that I yield to our heads in the sand on this issue. comes a vicious cycle. And I believe, as the gentlewoman from California (Ms. all Members of the Congressional b 1945 LEE), whose concern with Haiti I think Black Caucus, as does the gentleman, has preceded her coming to the Con- Without strong United States leader- that we must make sure that we take gress. She has worked diligently on the ship, the crisis will continue to spiral the moral high ground on this and en- subject. out of control. courage the loans to be released so that Ms. LEE. Mr. Speaker, I want to Already, the national rate of persons we can move forward to assist the peo- thank my colleague from Michigan with HIV and AIDS has risen to 300,000, ple of Haiti, because they so deserve to (Mr. CONYERS) for his leadership and or 4 percent of the entire population, be assisted. for organizing tonight’s special order leaving 163 children orphaned. The in- on the humanitarian crisis in Haiti. I fant mortality rate has increased to 74 f also want to acknowledge the leader- deaths out of every 1,000 babies born, ship of the gentlewoman from Florida and now, five mothers will die out of LEAVE OF ABSENCE (Mrs. MEEK), the chairperson for the the same number of births. Mr. Speak- By unanimous consent, leave of ab- Congressional Black Caucus’ Haiti er, 125 patients die daily of disease-re- sence was granted to: Task Force, for her strong commit- lated illnesses. Mr. UNDERWOOD (at the request of ment to the people of Haiti. While most of the Western world has For the past several months I have eradicated diseases like polio, health Mr. GEPHARDT) for today on account of worked with my colleagues here in officials report that many Haitians do a typhoon in Guam. Congress to communicate to the White not have the resources to pay for life- Mrs. ROUKEMA (at the request of Mr. House that it is really time to revisit, saving vaccinations for their children. ARMEY) for July 8 and the balance of now, United States policy toward This is just morally unacceptable. We the week on account of illness. Haiti. Since the 2000 elections, Haiti must remember that many diseases has been in a political impasse, as the know no boundaries. The doctor-to-pa- f gentleman from Michigan (Mr. CON- tient ratio has fallen to 1 to 11,000, SPECIAL ORDERS GRANTED YERS) mentioned. This impasse has leaving very little chance that sick framed U.S. policy in such a way that persons in the rural areas will ever get By unanimous consent, permission to very little bilateral assistance is being even the basic health care. address the House, following the legis- sent to Haiti and all multilateral as- So it is unacceptable to simply stand lative program and any special orders sistance has totally been blocked. by and watch a season of misery inflict heretofore entered, was granted to:

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