US DEPARTMENT OF STATE DISPATCH VOLUME 6, NUMBER 7, FEBRUARY 13, 1995 PUBLISHED BY THE BUREAU OF PUBLIC AFFAIRS ARTICLES IN THIS ISSUE: 1. Overview of the FY 1996 International Affairs Budget--Secretary Christopher 2. The United States and South Korea: An Unshakable Partnership-- Secretary Christopher, South Korean Foreign Minister Gong 3. U.S. Efforts To Expand and Strengthen The Fight Against Illegal Immigration--President Clinton 4. U.S.-Japanese Leadership In the New Pacific Community--Deputy Secretary Talbott 5. Keeping Faith With the People of Haiti--Madeleine K. Albright, UNSC Resolution 6. Efforts To Resolve Dispute Between Peru and Ecuador--Alexander Watson 7. White House Statements: President Clinton Meets With President of Eritrea U.S. Concern Over Hostilities Between Peru and Ecuador 8. U.S. Accession to the UN Convention On the Law of the Sea--David A. Colson 9. Current Issues in International Fishery Conservation and Management-- David A. Colson 10. Treaty Actions 11. What's in Print ARTICLE 1 Overview of the FY 1996 International Affairs Budget Secretary Christopher Statement on the 1996 Department of State budget submission, Washington, DC, February 6, 1995 [introductory and closing remarks deleted] I am here to give you an overview of the 1996 international affairs budget, which funds the State Department and related international affairs agencies. I will be joined by Craig Johnstone, who will take you through all the details. By any measure, this new budget is an austere budget. Since 1984, the international affairs budget has been reduced by 45% in real terms. It now represents around 1% of total federal spending, notwithstanding the extraordinary array of challenges we face--some of them new challenges. Our 1996 spending request of just over $21 billion is essentially what we are spending in the current fiscal year. We have been tough-minded in putting this budget together. I believe the resources that we are requesting are the rock-bottom minimum that we need to defend and advance America's interests. Last November's elections certainly changed many things, but they were not a license to lose sight of our global interests or to walk away from our commitments around the world. This budget does maintain our commitments. Approving it will be a stern test of our nation's willingness to dedicate the resources necessary to protect the security and protect the prosperity of the American people. It is essentially a test of our commitment to lead. Just consider what the world would be like without American leadership in the last two years alone. We would have four nuclear states in the former Soviet Union, instead of one, with Russian missiles still targeted at our homes. We would have a full-throttled nuclear program in North Korea; no GATT agreement and no NAFTA; brutal dictators still terrorizing Haiti; very likely, Iraqi troops back in Kuwait; and an unresolved Mexican economic crisis, which would have threatened stability on our border. For the coming year, I have identified five specific areas of opportunity for American foreign policy, as you all know. I would like to mention each of them and describe how each is supported in this new budget. First, we must maintain the momentum to open new markets. To do so, we will begin to implement the Uruguay Round agreement and the free trade commitments we have here in the Western Hemisphere, as well as in the Asia-Pacific region. American companies and workers must be able to take advantage of these opportunities, and this budget requests some $900 million to promote exports and investments through programs run by the Exim Bank, OPIC, USAID, and other agencies. In the last two years, these efforts have supported over one million high-paying jobs. Second, we will continue to build a new European security structure. Secretary Perry will be discussing our overall commitments to NATO, but I want to emphasize that our budget provides $85 million to help countries participate in the Partnership for Peace --of course, a key element in extending NATO's reach to the new democracies to the East, as well as in laying the groundwork for NATO expansion. Through the $480- million program that we have requested in the SEED program, we maintain our assistance for democratic and economic reform in Central and Eastern Europe. This budget also requests $788 million in support of democratic reform in Russia and the other states of the former Soviet Union, with more than half going to New Independent States other than Russia. This investment in Russia and the other states of the former Soviet Union remains the least expensive investment that we can make for our long- term security. Russia's indiscriminate and excessive use of force in Chechnya has certainly dealt a setback to reform in that country, but it has not altered our fundamental interest in helping Russian reformers build a nation that finally is at peace with itself and its neighbors. Our third area of opportunity in the coming year is advancing peace and security in the Middle East. This budget maintains our commitments there by allocating $5.24 billion to sustain our effort at a time when the peace process stands at a decisive moment. Our critical support for that peace process in the Middle East simply must not be allowed to falter. Fourth, we will intensify our efforts to stop the proliferation of weapons of mass destruction. This budget meets that threat. Among other things, it supports the Arms Control and Disarmament Agency. It provides assistance to the International Atomic Energy Agency, an organization that's vital in our program to halt the nuclear program in North Korea. It replenishes the non-proliferation fund, which we use to combat nuclear smuggling, to enforce export controls, and to ensure missile dismantlement. Fifth, the budget will help us intensify the fight against global terrorism. It provides a foundation for an intensive campaign against narcotics trafficking. It more than doubles our funding to fight international crime. Taken together, this budget requests $240 million for these vital efforts. Of course, this budget, in addition to the five areas of opportunity, covers a number of other important foreign policy objectives. I will just mention a few of them here today. The budget makes a $1.5 billion commitment to democracy around the world. In addition to our support for reform in Central and Eastern Europe and the former Soviet Union, we provide $220 million for countries in transition, such as Haiti, Angola, and Cambodia. We believe that this support can make a vital difference in the pursuit of democracy and stability in these countries. This budget also supports international peace-keeping. As I have said before, where our vital interests are at stake, we must be prepared to defend them alone. But sometimes by leveraging our power and resources, by leading through alliances and institutions, we can achieve better results at a far lower cost to our national treasure and in human life. Of course, if we can do that, that is a sensible bargain that I know the American people support. We strongly oppose efforts in Congress that threaten to remove peacekeepers from vital troubled areas of the world and that threaten to leave the President with an unacceptable choice when a crisis occurs--a choice between acting alone and doing nothing. The Administration has made a commitment to address a number of long- term threats to the future of the nation--threats that were too often ignored to our detriment; threats such as environmental degradation, unsustainable population growth, and the endemic poverty that feeds instability and blocks prosperity. Among other efforts, the budget that we have before us today funds programs to curb air pollution, to improve basic education, and to implement health initiatives for women and children that were agreed to in the Cairo summit. All told, this budget requests just over $1 billion for global population and environmental programs. Our ability to advance these interests, of course, depends upon equipping the men and women who serve in our international affairs agencies--giving them the skills and resources they need to do the job. Like our soldiers, they must be prepared to fight for America's interests. Clearly, no American wants to live in a world in which nuclear weapons have fallen into the wrong hands; a world in which America has retreated from economic leadership; a world in which the post-Cold War momentum toward peace and freedom has been reversed. I believe this budget meets the minimum but essential test. It sustains our intensive, effective engagement on behalf of these vital interests around the world. I will be making that case to the Congress and the American people. Summary of Function 150 Budget Request We reaffirm our commitment to provide strong American leadership to build a more peaceful, democratic, and prosperous world. With the end of the Cold War comes the unprecedented opportunity to shape a world consistent with our core values--a world of open societies and open markets. Since 1984, the International Affairs budget has been reduced by over 45% in real dollars. The Administration's FY 1996 budget request of $21.21 billion ends this debilitating decline. Nonetheless, the request constitutes barely 1% of total federal spending. This International Affairs budget will: -- Create jobs in America by promoting American exports ($900 million); -- Help make our country more secure by consolidating the gains we have achieved with the end of the Cold War. This budget supports market reform and democracy in the former Soviet Union, Central Europe, and other key countries ($1.5 billion); -- Protects the future of our nation by attacking threats to the global environment and overpopulation ($1 billion); -- Helps prevent regional crises by supporting economic growth and stability and democratic reform in Asia, Latin America, and Africa ($3.9 billion); -- Promotes our own national security by supporting the Middle East peace process and enhancing regional security ($5.3 billion); -- Protects us all from the dangers of nuclear proliferation and weapons of mass destruction ($170 million); -- Maintains our support for international peace-keeping to contain regional crises and minimize the requirements for unilateral U.S. engagement ($545 million); -- Fortifies and extends our fight against international narcotics trafficking, terrorism, and organized crime ($240 million); -- Maintains our long-standing commitment to humanitarian principles by assisting refugees and victims of disasters ($1.7 billion); and -- Preserves our ability to protect and serve the interests of the American people around the world with the best people and the most efficient foreign affairs infrastructure ($4.5 billion). (###) ARTICLE 2 The United States and South Korea: An Unshakable Partnership Secretary Christopher, South Korean Foreign Minister Gong Remarks prior to their meeting, Washington, DC, February 6, 1995 Secretary Christopher. Good morning, again. I am very pleased to welcome Foreign Minister Gong on his first trip to Washington since taking office as the new Foreign Minister of the Republic of Korea. Deputy Secretary Talbott told me of his good discussions along with Assistant Secretary Lord when they were in Seoul last week--good discussions with the new Foreign Minister, as well as with President Kim Yong-Sam. I am looking forward to getting acquainted with the new Minister and carrying on the very friendly discussions we always have between our two countries. The Foreign Minister assumes his important new duties at a time when the relationships between our two countries, I believe, are stronger than ever. Our ties, of course, are anchored in a solemn treaty alliance and an unshakable commitment by the United States to the security of the Republic of Korea. Our commitment, indeed, is reflected in the presence of our military forces standing shoulder to shoulder with those of the Republic of Korea in the Demilitarized Zone. Our shared belief in democratic values has strengthened the already strong bond of ties between our people. The same is true of our expanding commercial links, which have helped both of our economies grow. We are cooperating in a number of regional and world fora such as APEC, the ASEAN Regional Forum, and the World Trade Organization. Their contributions to UN peace-keeping are well-known. In short, we are doing a great many things together as our friendship grows and ripens. But this friendship and alliance, I think, has proven most important and most durable in the crucible of the common challenge represented by the North Korean nuclear program. With the Framework accord, the United States and South Korea have shaped a program for dealing with the North Korean nuclear situation--an approach that attains all of our strategic objectives. It safeguards both South Korea and Japan. It lifts the specter of a nuclear threat from all of Northeast Asia. It bolsters, in a very important way, the non-proliferation regime at a critical time. It provides a basis for the reduction of tensions in the area as a whole. There are so many positive elements of the Framework accord that I think it behooves us to work very hard and effectively for its implementation, and that is what has been going on in recent days and weeks. Permanent peace and security in the peninsula, of course, depends upon a determined effort by both North and South Korea. As part of the Framework accord, North Korea has pledged to resume its dialogue with South Korea on matters affecting peace and security. We have made it clear to the North Koreans that resuming that dialogue is essential to the ultimate success of the Framework accord. We would not have gone ahead with the Framework accord if the North Koreans had not been willing to meet that stipulation. Our commitment to the fulfillment of that particular provision of the Framework accord has not changed; and we will be watching, along with the South Koreans, for evidence that the North is willing to engage in the important and, indeed, essential dialogue with the South. As we go about implementing the Framework, of course, we will be in the closest consultation with our allies in Japan and South Korea. That is why I went to Seoul last November; that is why Secretary Talbott was there only about two weeks ago; and that is why the Foreign Minister is visiting here today. I look forward to working with him on the Framework accord but also on the many other elements of our important bilateral relationship and friendship. Welcome, Mr. Minister. I am delighted to have you here and to begin to get to know you. Foreign Minister Gong. Thank you so much. I thank Secretary Christopher for his very warm welcome. As he mentioned, this is my first visit in my current portfolio. The purpose of my visit is to exchange our views on a broad range of issues, not only bilateral, but also multilateral, which could affect our common interests. As Secretary Christopher has rightly noted, we have witnessed no shortage of evidence of our growing partnership. Our close cooperation to resolve the North Korean nuclear program is an excellent example of such a partnership. In fact, the U.S.-North Korean Agreed Framework late last year was the outcome of our well-coordinated efforts to resolve the issues through negotiations. The Government and people of the Republic of Korea fully support the agreement and are committed to play their own part to secure its faithful implementation. We believe that this agreement will lay the groundwork for easing tensions in our part of the world. But we also realize that this is only the beginning of the process toward a full resolution of the issue. This is why the international community should continue to keep a close and constant eye on the implementation process. In this regard, I wish to emphasize that inter-Korean dialogue, among other things, is a key to the success of this agreement. As Secretary Christopher has also pointed out, South and North Korea should play important roles in securing permanent peace and security on the Korean Peninsula. My government will do whatever we can to dismantle the relics of the Cold War on our peninsula. But as it takes two to tango, we expect genuine change in the attitude of North Korea. In this respect, the Republic of Korea sincerely hopes that the Agreed Framework will serve as a very powerful tool for such purpose. Meanwhile, our two countries' partnership goes beyond the area of nuclear and security programs. We share many common agendas in APEC, ASEAN Regional Forum, UN, WTO, and other international fora. As we set out to build on those achievements already made, I assure Secretary Christopher and all of you of my government's resolve to continue to work together to secure peace and prosperity, not only in our region, but throughout the world as well. I look forward to very constructive and useful discussions with Secretary Christopher and to forging an excellent working relationship with him in the future as my predecessor had enjoyed. (###) ARTICLE 3 U.S. Efforts To Expand and Strengthen The Fight Against Illegal Immigration President Clinton Remarks at immigration policy event, Washington, DC, February 7, 1995 Good morning. Two years ago, when I took office, I was determined to do a better job of dealing with the problem of illegal immigration. About two years ago this week, when I discussed with Janet Reno the possibility of her becoming attorney general, we had a talk about this, and for the last two years we have been hard at work trying to fix a system that everyone agrees has serious problems. The Vice President and I have just been briefed by Attorney General Reno; Doris Meissner, the Commissioner of Immigration and Naturalization Service; our Secretary of Labor, Bob Reich; Maria Echaveste, the Director of the Wage and Hour Division of the Labor Department; Silvestre Reyes, Chief Border Patrol Agent of the El Paso Sector; Gus de la Vina, the Director of the Western Region of the Immigration and Naturalization Service; Doug Crum, the U.S. Border Chief; and George Weise, our Customs Commissioner. After our meeting, I signed a presidential directive to the heads of all executive departments instructing them to very quickly expand and strengthen our program to reduce illegal immigration in four key areas: first, protecting our borders; second, protecting the interests of our workers in the workplace; third, removing more criminal aliens; and fourth, providing more assistance to the states which are burdened with the problem of illegal immigration. For example, I have asked the attorney general to increase those elements of our border patrol strategy that are proving most effective, including the use of helicopters, night scopes, and all-terrain vehicles. I have asked the members of the Cabinet to create--for the first time--a national detention and removal plan to dramatically increase the identification and removal of deportable illegal aliens. These are just a few examples, and, of course, you will get more in a moment when the people behind me give a more extensive background briefing. One of the cornerstones of our fight against illegal immigration has been a get-tough policy at our borders. We initiated Operation Hold the Line at El Paso, Operation Gatekeeper in San Diego, and Operation Safeguard in Arizona, all with one clear intention: to secure the Southwest border. As we speak, these initiatives are making a substantial difference. Illegal immigration is down; crime is down, and my immigration budget and strategy build on that success. Here are the elements of the initiative: First, I have asked Congress for an additional $1 billion to fight illegal immigration in the coming fiscal year. I want to emphasize that while most of the talk yesterday was about cutting the budget--and we do have $140 billion in budget cuts--there are some things we should spend more money on. We recommended spending more money on education, on medical research in AIDS, on crime, in the community policing bill, and on veterans interests; and we recommended a billion more dollars to fight illegal immigration. Under the budgets already passed, we have added 1,000 new border patrol agents just in the Southwest. By the end of 1996, our Administration will have increased overall border personnel by 51% since 1993. Second, I have asked for more funds to protect American jobs by increasing the number of workplace investigators by 85%. Our Administration will begin to test different methods of helping employers verify a worker's employment authorization. This was, as I am sure you will remember, one of the key recommendations of the Jordan Commission. Barbara Jordan wanted to be here with us today, but in pursuit of that commission's work, she is traveling the country. She has sent us a letter endorsing the proposals in this package. The fact is that employer sanctions have been in the law on illegal immigration since 1986, but no prior administration made a serious attempt to enforce them. With this budget and with legislation I will soon be sending to Congress, we will be able to crack down on employers who knowingly hire illegal immigrants. If we turn off the employment stream for illegal workers, far, far fewer of them will risk the difficult journey here. Incidentally, our financial support package for Mexico over the long run also will reduce pressure on illegal immigration. With a healthier economy, the Mexican people will find more opportunities for jobs at home. Third, I have asked for new funds to double the deportation of criminal aliens next year and to triple them by 1996. And, finally, ours is the first administration to reimburse states for a share of the costs that they bear related to illegal immigration, including the incarceration of illegal aliens. I have asked Congress for a total of $550 million for state reimbursement, which more than doubles the fund that now exists. Whether through the budget, the directive I have just signed, or the legislation I will soon send to Congress, our goals are the same: tougher border enforcement, more protection for American workers, faster deportation of criminal aliens, and additional assistance to the states. That is a comprehensive strategy that is already beginning to work and that will work much better if this plan is implemented by the Administration and by Congress. We need help from Congress to implement this plan. I want Congress to move quickly on this issue, just as we have moved quickly on a number of fronts. I am proud of the speed the INS showed recently in moving 62 border patrol agents in 24 hours to Nogales, Arizona, to reinforce that border. In the future, if our budget becomes law, that kind of movement will not be necessary. For the first time ever, there will be a rapid-response team to enable the border patrol to react quickly to buildups at any particular border spot. We have accomplished a lot in just two years. As I said in the State of the Union address, we are a nation of immigrants, and we should all be proud of it, but we are also a nation of laws. It is wrong and ultimately self-defeating for a nation of immigrants to permit the kind of abuse of our immigration laws that we have seen in recent years. There is too much of it, and we must do much more to stop it. (###) ARTICLE 4 U.S.-Japanese Leadership in The New Pacific Community Deputy Secretary Talbott Address before the National Press Club, Tokyo, Japan, January 25, 1995 [introductory remarks deleted] Let me tell you about why my colleagues and I have come here. We are at the beginning of an Asia-Pacific tour that will include South Korea, Cambodia, New Zealand, and Australia. Here in Tokyo, our purpose is to build on the momentum in U.S.-Japan relations that President Clinton and Prime Minister Murayama generated at their meeting in Washington two weeks ago. As it happens, the timing of our visit also gives us a chance to offer to your government and to your people our deep sympathy and continuing support in the wake of the earthquake in Kobe. As President Clinton told Prime Minister Murayama, the United States stands ready to assist in any way it can. The city of Kobe is a symbol of the enduring ties between your country and mine. Starting in the mid-19th century, when it was a trading center and storage depot for Western merchants and missionaries, Kobe quickly became a conduit for the flow of goods, ideas, and people from west to east, and from east to west. That interaction has sustained our relationship for over a century. The large American community now living in Kobe testifies to the vitality of this link between the United States and Japan. Ambassador Mondale and I would like to use this opportunity to thank Japanese authorities and rescue workers for all that they have done to assure the safety of the very large American community living in the Kobe area, along, of course, with the hard work that they had to do on behalf of the Japanese citizens in the stricken area. Even though I have been to Japan before, I have never had a keener sense of history than I do on this occasion. As we all know, 1995 marks the 50th anniversary of the end of the Second World War--which was the most devastating conflict in human history. The challenge that the American and Japanese people face together is to observe the anniversary of that war-- not only by mourning its dead, not only by caring for its survivors, but also by rededicating ourselves to the cause of peace. Peace is a simple word, indeed a simple concept, but it is an exceedingly difficult, complex political endeavor; all the more reason, therefore, to appreciate that the world is at peace today to an extent unprecedented in human history. To be sure, we have seen and are seeing horrible conflicts in Bosnia, Sudan, and Rwanda. Each of those outbreaks of carnage constitutes an offense to humanity, a threat to the security and stability of the surrounding areas, and a challenge to the will and statesmanship of the international community. Nonetheless, the global context in which we deal with regional conflict today is different from what it has ever been before. For the first time in human history, not only are none of the great powers at war with each other, but none of them sees any of the others as an enemy. That welcome state of affairs is the result of two mutually reinforcing trends: one, the spread of democracy and two, the spread of market economics. Over the last decade, and particularly in the last five years, there has been an emerging consensus around the globe over how nations should organize themselves politically and economically. On every continent, repressive regimes have given way to freely elected government, and command economies have given way to the free market. We have seen market democracy ascendant in Latin America, in Southern Africa, in Central and Eastern Europe and the former U.S.S.R., and in Asian and Pacific nations from Mongolia to Cambodia to the Republic of Korea to the Philippines. It is no accident, of course, that these trends have coincided with the collapse of the Soviet Union, the Soviet empire, and the Soviet system. The end of the Cold War is the seminal event of our times. I realize that from Japan's vantage point, there are still deeply worrisome vestiges of the Cold War. The Northern Territories issue--on which we support Japan's position--remains unresolved. The demilitarized zone that divides the Korean Peninsula is as dangerous a manifestation of Cold War divisions as was the Berlin Wall--and unlike the wall, the DMZ still exists. Still, the global rivalry that dominated the last 50 years is over. No longer is the world divided into two camps. No longer must the United States dedicate itself above all else to the containment of an immense, aggressive, and malignant superpower. Now we can devote far more of our energies to the consolidation of essentially favorable forces--including in parts of the world that used to be, ideologically at least, enemy territory. For example, China, having emerged from the isolation and dogmatism of the Maoist era, is opening up to the outside world and is becoming a manufacturing and trading giant. Meanwhile, the fledgling democracies of the former Soviet Union and the former Warsaw Pact are knocking at the door of the institutions, like NATO and GATT, that used to be anathema to their former communist rulers. As a result, Japan, the United States, and the other industrialized democracies have an opportunity to remake the world as an inclusive, integrated community of nations, organized according to the principles of economic and political freedom. That integration is the strategic objective of American foreign policy in the post-Cold War era. By definition, it is a task we can accomplish only if we work closely, persistently, patiently, and boldly with others, and particularly with those countries with which we share long- range interests and core values. Japan is the cardinal example. All over the world, American and Japanese leadership and cooperation will be essential if we are to make progress toward common goals. Nowhere is that more true than in the Asia-Pacific neighborhood. This region has always been marked as much by its cultural diversity as by its geographical expanse. All-too often, diversity has meant division, and division has sometimes meant war. Yet today, the most dynamic forces in the Asia-Pacific are those that are knitting economies, societies, and cultures more closely together. Those forces include vigorous trade, high-speed transportation, and rising education levels. In that sense, the Asia-Pacific region, vast as it is, is a microcosm of what is happening on the planet as a whole. Recognizing these trends, President Clinton came here in July 1993 on his first official overseas visit. In his address to the students of Waseda University, the President outlined his vision of "a new Pacific community, based on shared strength, shared prosperity, and a shared commitment to democratic values." He noted that security, economic growth, and democracy are interrelated--and that the United States and Japan must work together to develop a coherent approach on all three fronts. Strong U.S.-Japan cooperation lies at the heart of our efforts to promote peace, prosperity, and freedom in the region. Let me touch on each of these three priorities in turn. First, the quest for peace: As I have already indicated, regional security problems are no less complicated than they were during the Cold War. In some ways, they are more so. With the passing of the single, overriding threat posed by the Soviet Union, our attention has shifted to security problems that involve multiple, often conflicting interests. Consider the current dispute over rights to the South China Sea. There are six parties to that dispute, each with its own territorial claims to potentially rich resources. Security threats posed by non-governmental forces--crime cartels, drug lords, and terrorists--now demand increasing attention, and then there is the continued menace posed by the proliferation of weapons of mass destruction. It is on that last issue that I would like to concentrate for a moment. The United States and Japan, together with the Republic of Korea, have been working together on the most serious post-Cold War threat to this region's security--North Korea's nuclear program--and we will continue to work together. The Agreed Framework, which the U.S. reached with North Korea in October, promises to end that threat. The Framework has already halted the North Korean nuclear program and will eventually roll it back. It also encourages South-North dialogue and cooperation on the Korean Peninsula, and it creates an opportunity for greater stability throughout Northeast Asia, including improved relations between North Korea and Japan. We now need to implement the Framework. In this endeavor, the United States, Japan, and the Republic of Korea--together with other nations-- all have parts to play. We warmly welcomed Prime Minister Murayama's assurances to President Clinton that Japan will play a significant role in the new Korean Energy Development Organization, or KEDO. Our common interest in averting nuclear proliferation is also a factor in American and Japanese policy toward the former Soviet Union. This is an issue on which I have worked closely with my friends and counterparts in the Gaimusho. Japan and the United States have cooperated in assisting Russia and other states of the former Soviet Union to enhance the safety and security of the nuclear facilities and materials that they inherited from the Soviet era. Japan's contribution of over $100 million for this purpose has already had a significant impact. But the challenge here is still huge, and we hope that Japan will continue to allocate resources to the effort, just as the United States is doing through programs authorized and funded by our Congress. To put it bluntly, we need to make sure that the explosive material in warheads, atop missiles in silos, does not someday end up in suitcase bombs available to nuclear smugglers and terrorists. As part of that effort, we look to Japan to use its considerable influence with other countries to support the indefinite extension of the Non-Proliferation Treaty. Despite the dire predictions of many experts a few years ago, the campaign to stop the spread of nuclear weapons has been remarkably successful so far. But we are approaching the moment of truth--the NPT review conference in April, and as we approach the NPT review conference, some states are wavering; either that, or they are making foolish and shortsighted linkages between their votes and other issues. They need to hear from both the United States and Japan how high a value we place on making this vital treaty regime a permanent fixture. In times of transition like this one, it is important that we maintain the arrangements and institutions that allowed us to prevail in the Cold War and that will serve as the foundation for post-Cold War security structures. In Europe and the transatlantic community, that means NATO. In Asia and the Pacific community, it means the U.S. alliance commitments in the region, notably including the U.S.-Japan Treaty on Mutual Cooperation and Security, and our forward military presence. These have been the cornerstones of American engagement in this region, and they will remain so. At the same time, the new security challenges I have mentioned require us to be innovative, to design and put in place new mechanisms. I have in mind the Northeast Asia Security Dialogue that seeks to bring together Japan, the U.S., China, Russia, the Republic of Korea, and the North Koreans. We also strongly support the ASEAN Regional Forum--the Pacific's first broadly inclusive body concerned with security issues. Last July, I attended the first meeting of the regional forum, in Bangkok. The forum has the potential to play an important role in easing tensions, constraining arms races, cultivating habits of consultation, encouraging greater military transparency, and eventually becoming a venue for members to collaborate in peacekeeping operations, disaster relief, and conflict prevention. The U.S. supports the ASEAN Regional Forum and similar mechanisms because they serve the larger cause of integration. That is, they encourage the countries of the region to assume the obligations and reap the benefits that come with membership in the international community. I would like to say a particular word about China in this connection: Regional stability requires China's involvement in building new security and economic relationships. That is why we welcome China's own participation in the ASEAN Regional Forum. We look forward to China's full integration into the world community, and have engaged the Chinese military in discussions to encourage transparency with regard to its strategic intentions. At the same time, we believe China cannot be a full partner in the world community until it respects international obligations and agreements on human rights, free and fair trading practices, and strict controls on the export of destabilizing weapons and military technology. Let me now say something about the close relationship between security and economics--and peace and trade. The logic here is simple: -- Countries that trade together are less likely to make war against each other; -- Countries that invest heavily in their consumer and export industries are less likely to invest in bloated military establishments; and -- Countries that experience economic growth tend to have citizens with hope in the future. Their citizens are, therefore, less likely to harbor the anger and despair that fuels the fires of extremism, terrorism, radicalism, and fundamentalism--which, in turn, threaten civic and international peace. All of that amounts to a powerful argument for free trade. International commerce helps overcome national differences and highlight common interests across even deep-seated political and historical barriers. In Asia, the most startling recent examples of this phenomenon have been the economic links among Hong Kong, Taiwan, and the People's Republic of China, and those between South Korea and the P.R.C. For this reason, APEC--even though it is, strictly speaking, an economic organization--contributes to security because it fosters interdependence, which, in turn, promotes peaceful relations among states. The APEC meeting in Seattle in 1993 brought the region's leaders together for the first time; it dramatized the economic potential of the Pacific community, and helped ensure the successful completion of the Uruguay Round of the GATT. Then, last November, under Indonesia's leadership, APEC's leaders made a historic commitment to achieve free and open trade and investment across the region by 2020. As part of this commitment, APEC's leaders directed their ministers to develop a concrete action agenda, or blueprint, to implement this goal. As APEC chair this year, Japan has the opportunity--and the challenge, of making sure that we follow through on these commitments. Our success will be measured by a Leaders' Agreement on an ambitious and comprehensive action plan. We see APEC as a model for the kind of regional organization that is needed in our global economy. APEC serves the overall goal of global integration; that is, while lowering barriers within this region, it will not erect barriers around this region. For us, that is key. Regional groupings are a positive development if they look outward and open doors, rather than looking inward and building walls. Let me now say a few words about bilateral trade issues. At the Clinton- Murayama Summit, our two leaders set a positive tone for the relationship. We have reached important agreements over the past year in financial services, telecommunications, medical equipment, and several other areas. But we still have hard, important work ahead of us, both to implement agreements we have reached, and to make progress on the crucial and thorny issues of the automotive sector and deregulation. If we can push through to success in this complicated, sometimes vexing process, we will have served the interests of both sides. American businesses will feel they have fair access to Japanese markets, Japanese consumers will benefit because of lower prices and broader choices, and the economic dimension of our relations will be as sound as the rest of our partnership, which is very sound indeed. The theme of my remarks, as I hope is already apparent, is the benefit of openness. Let me carry that theme to one more point: democracy. If open markets and open sea lanes promote security and prosperity in the Pacific, so, too, do open societies. Democracies make good neighbors. The historical record shows that they are far less likely to wage war, sponsor terrorism, or generate refugees. Conversely, closed societies and isolated and oppressive governments pose the greatest threats to a region's security. In the age of the microchip and the modem, economic development falters when citizens must fight suspicious, dictatorial authorities simply for the right to own a fax machine, make copies of a document, or talk on the telephone. In recent months, there has been a great deal of commentary about the differences between East and West over human rights, about differences in the "political cultures" of Asia on the one hand, and Western Europe and North America on the other. Some have questioned the importance of democracy, or at least the efficacy of giving democracy prominence on the diplomatic agenda. I believe it is high time to discard the myth that only the West cares about freedom or that Asia is predisposed to authoritarianism. To be sure, there are various forms of democracy. Different political cultures do emphasize different values and virtues, but there is an irreducible-- and I would contend universal--principle that transcends those differences: All of us want our governments to treat us with fairness and dignity; and all of us want to participate in the decisions that affect our destinies. Many Asians have devoted their lives, even given their lives, for these values. That is why, last year, Cambodian farmers and monks and former soldiers crossed minefields and defied death threats--all in order to vote. That is why the people of Burma still hope that their regime will release Aung San Suu Kyi and relax its grip on power. That is surely one reason why Japan--which is not just an economic superpower, but also one of the world's most enduring and vital democracies-- has made substantial contributions to peace-keeping and democracy-building efforts in Southeast Asia, the Caribbean, and Africa. That is why the United States will continue to place political openness high on of its foreign-policy agenda in every part of the world--without arrogance or apology. We will endeavor to do so with respect for every nation's sovereignty and uniqueness, but with clarity and conviction. In recent years, democratic reforms and reformers have emerged all across Asia and the Pacific. But this region has not yet developed its own multilateral institutions to promote democracy--institutions like the OSCE in Europe and the OAS in the Western Hemisphere. We should now begin to explore some new approaches in this regard. But it will take time to develop the consensus necessary for effective multilateral structures and activities in the Asia-Pacific region. During that time, before those structures can be put in place, Japan and the United States must lead together and they must lead by example. We must lead by harmonizing our policies and priorities to the greatest extent possible. Strengthening, deepening, broadening our bilateral relationship is important not only to the two of us, but to the region and to the world as a whole. In that spirit and for that reason, we should look for ways to increase the ties that exist between our two societies and increase them in both directions. At their summit meeting two weeks ago, President Clinton and Prime Minister Murayama both expressed support for enhancing student and citizen exchanges between Japan and the United States. Right now there are a great number of Japanese students studying in the United States-- some 47,000--while there are rather few American students studying in Japan--something around 1,700. That deficit, like others, needs to be redressed. We hope our governments will work intensively to develop initiatives that will lead to a broader presence of American students in Japan. One of the most hopeful and promising features of our bilateral relationship is the U.S.-Japan Common Agenda, a joint program to pool the resources of our two governments in tackling global issues. A year- and-a- half after its founding, the Common Agenda now sponsors 20 projects--ranging from the environment and technology, to population issues, AIDS, children's health care, narcotics, and women in development. These undertakings promote all three of the common interests I have stressed today: security, economic growth, and democratic values. In closing, I would just say that this shared dedication to a safer, freer, and more prosperous world should be a major theme in this year's observance of the legacy of the last half- century. Yes, 1995 is a year of commemoration, but it is also an occasion for looking ahead, toward our mutual goals--our common agenda-- for the 21st century. (###) ARTICLE 5 Keeping Faith With the People of Haiti Madeleine K. Albright, UNSC Resolution Madeleine K. Albright Statement by the U.S. Permanent Representative to the United Nations before the UN Security Council, New York City, January 30, 1995. Today marks a planned but important point of transition in Haiti's journey from tyranny to democracy. The Multinational Force authorized by the UN Security Council last July has fulfilled its mission. Planning for the transfer of responsibility to a UN force is well underway. Today's vote verifies that the transition will occur by the end of March. The men and women of the Multinational Force deserve our recognition and gratitude. They have performed difficult tasks with consummate skill. To the family of Sergeant First Class Gregory Dale Cardott, we acknowledge a special debt--our hearts and prayers are with you. The U.S. Government is pleased to have led the Multinational Force, and we warmly thank the other nations who have contributed to it. We note with satisfaction the strong bond that has developed between these forces and the Haitian people. We also thank the members of this council, the Friends of Haiti, and the Secretary General and his staff for their commitment to responding dynamically and creatively to the Haitian crisis. Together, we have served well the UN Charter's pledge to pursue "social progress and better standards of life in larger freedom." Over the past four months, because of our efforts and those of the Organization of American States along with the wisdom of Haiti's leaders and the resilience of the Haitian people, welcome changes have been achieved. Once-dormant markets are now vibrant with life. Neighborhoods once shadowed by terror echo now with laughter and renewed hope. Mothers no longer fear their sons will be shot or their daughters raped by the keepers of official order. Police stations are used now for training, not torture; boats are built for fishing, not flight; and political activity has resumed. The threads of economic life have been identified and now must be rewoven. Last July, the Security Council responded to the unique circumstances in Haiti with a strategy in two parts. In the first phase, the Multinational Force was to create a secure and stable environment within which democratic institutions could begin to function. The Multinational Force has achieved that purpose. The illegal leaders departed peacefully. President Aristide and the legitimately elected government have returned to power. More than 21,000 weapons have been purchased or seized. A new police force is being recruited, and the Haitian army is being reduced and reformed. We are now approaching the second phase. Today, we have authorized the Secretary General to recruit and deploy up to 6,000 military and 900 civilian police to continue the tasks thus far so well advanced. The UN Mission in Haiti--UNMIH--will work with Haiti's Government and other donors to build a new, civilian police force. It will assist the Government of Haiti in assuring public order. It will help establish an environment conducive to free and fair elections. It will complete its assigned tasks by February 1996. The U.S. Government has worked hard with the Multinational Force and with the Secretariat staff to ensure a seamless transfer of responsibility--a transition without marked change. More than half of the military personnel and about one-third of the civilians in UNMIH will be veterans of the Multinational Force. Overall, there will be no dramatic alteration in mission size, troop capabilities, or quality of command. The UN troops will have the right to use force to defend themselves, including the right to oppose forcible attempts to impede the discharge of their functions. As the Secretary General noted in his most recent report to the Council, "there is a feeling of liberty and a sense of security [in Haiti] which did not exist previously." The organized and semi-organized bands of thugs operating under official protection have been disbanded. But Haiti is by no means a tranquil land. The greedy, the embittered, and the desperate retain the capacity for violence. Criminal forces may see this transition--and the upcoming election campaign--as an opportunity for bolder action. But let no one doubt: If this UN force is pushed, it has the leadership, the mandate, the firepower, and the will to push back. The economic reconstruction of Haiti is not part of the UN peace-keeping mission, but efforts to that end are complementary. The U.S. Government joins with the Secretary General in calling upon nations, development agencies, the UN system, and regional and non-governmental organizations to work together with the Haitian Government to implement the emergency economic recovery program. The door to private investment must be open. There is no better answer to inequality, corruption, and strife than freedom, jobs, basic education, and food on the table. As the resolution we have approved today recognizes, the future of Haiti rests--as it must--in Haitian hands. Democratic institutions cannot be imposed upon a society; they must be nourished from within. The road ahead remains an uphill road. But the international community can be satisfied that those with the commitment to build a free Haiti now have that opportunity. By allowing that chance, this council has kept faith with the people of Haiti, with the cause of freedom, and with the Charter of this great institution. Resolution 975 (January 30, 1995) The Security Council, Recalling the provisions of its resolutions 841 (1993) of 16 June 1993, 861 (1993) of 27 August 1993, 862 (1993) of 31 August 1993, 867 (1993) of 23 September 1993, 873 (1993) of 13 October 1993, 875 (1993) of 16 October 1993, 905 (1994) of 23 March 1994, 917 (1994) of 6 May 1994, 940 (1994) of 31 July 1994, 944 (1994) of 29 September 1994, 948 (1994) of 15 October 1994 and 964 (1994) of 29 November 1994, Recalling also the terms of the Governors Island Agreement (S/26063) and the related Pact of New York (S/26297), Recalling its determination in resolution 940 (1994) that the situation in Haiti constituted a threat to peace and security in the region which required the successive deployment of the Multinational Force in Haiti (MNF) and the United Nations Mission in Haiti (UNMIH), Having considered the reports of the Secretary-General dated 18 October 1994 (S/1994/1180), 21 November 1994 (S/1994/1322) and 17 January 1995 (S/1995/46 and Add.1), and having considered the reports of MNF, dated 26 September 1994 (S/1994/1107, annex), 10 October 1994 (S/1994/1148, annex), 24 October 1994 (S/1994/1208, annex), 7 November 1994 (S/1994/1258, annex), 21 November 1994 (S/1994/1321, annex), 5 December 1994 (S/1994/1377, annex), 19 December 1994 (S/1994/1430, annex), 9 January 1995 (S/1995/15, annex) and 23 January 1995 (S/1995/70, annex), Noting in particular the MNF commander's statement of 15 January 1995 and the accompanying recommendation, based on the MNF commander's report, of the States participating in the MNF (S/1995/55), regarding the establishment of a secure and stable environment in Haiti, Noting the recognition in these reports and recommendations that a secure and stable environment has been established in Haiti, Taking note of the letter dated 27 January 1995 from the Permanent Representative of Haiti to the United Nations (S/1995/90), Underlining the importance of ensuring that force levels of peace- keeping operations are suited to the tasks involved, and noting the need for the Secretary-General to keep the force levels of UNMIH under constant review, Recognizing that the people of Haiti bear the ultimate responsibility for national reconciliation and reconstruction of their country, 1. Welcomes the positive developments in Haiti, including the departure from Haiti of the former military leadership, the return of the legitimately elected President, and the restoration of the legitimate authorities, as envisaged in the Governors Island Agreement and consistent with resolution 940 (1994); 2. Commends the efforts of the States participating in the MNF to work closely with the United Nations to assess requirements and to prepare for the deployment of UNMIH; 3. Expresses appreciation to all Member States who have contributed to the MNF; 4. Expresses its appreciation to the Organization of American States (OAS) and for the work of the International Civilian Mission (MICIVIH) and requests that the Secretary-General, bearing in mind the expertise and potential of the OAS, consult with the Secretary-General of the OAS regarding other appropriate measures which might be taken by both organizations consistent with this resolution and to report to the Council on the results of these consultations; 5. Determines, as required by resolution 940 (1994) and based on the recommendations of the Member States participating in the MNF and in concurrence with paragraph 91 of the report of the Secretary-General of 17 January 1995 (S/1995/46), that a secure and stable environment, appropriate to the deployment of UNMIH as foreseen in the above- mentioned resolution 940 (1994), now exists in Haiti; 6. Authorizes the Secretary-General, in order to fulfil the second condition specified in paragraph 8 of resolution 940 (1994) for the termination of the mission of the MNF and the assumption by UNMIH of its functions specified in that resolution, to recruit and deploy military contingents, civilian police and other civilian personnel sufficient to allow UNMIH to assume the full range of its functions as established by resolution 867 (1993) and as revised and extended by paragraphs 9 and 10 of resolution 940 (1994); 7. Further authorizes the Secretary-General, working with the MNF commander, to take the necessary steps in order for UNMIH to assume these responsibilities as soon as possible, with the full transfer of responsibility from the MNF to UNMIH to be completed by 31 March 1995; 8. Decides to extend the existing mandate of UNMIH for a period of six months, that is until 31 July 1995; 9. Authorizes the Secretary-General to deploy in Haiti, in accordance with resolution 940 (1994), up to 6,000 troops and, as recommended in paragraph 87 of his report of 17 January 1995 (S/1995/46), up to 900 civilian police officers; 10. Recalls the commitment of the international community to assist and support the economic, social and institutional development of Haiti and recognizes its importance for sustaining a secure and stable environment; 11. Recognizes that the situation in Haiti remains fragile and urges the Government of Haiti, with the assistance of UNMIH and the international community, to establish without delay an effective national police force and to improve the functioning of its justice system; 12. Requests the Secretary-General to establish a fund, in addition to that authorized in paragraph 10 of resolution 867 (1993), through which voluntary contributions from Member States can be made available to support the international police monitoring programme and assist with the creation of an adequate police force in Haiti; 13. Further requests that the Secretary-General apprise the Council at an early date of the modalities of the transition from the MNF to UNMIH, and also submit to the Council no later than 15 April 1995 a progress report on the deployment of UNMIH; 14. Decides to remain actively seized of the matter. VOTE: 14-0-1 (China abstaining). (###) ARTICLE 6 Efforts To Resolve Dispute Between Peru and Ecuador Alexander Watson, Assistant Secretary For Inter-American Affairs Remarks at a State Department briefing, Washington, DC, February 7, 1995 Some of you may be aware that this dispute between Peru and Ecuador is a very, very long- standing one that really originated in the independence period at the beginning of the last century. It got red hot back in the 1940s. There was a war; the Ecuadorians lost a lot of their territory. There was an agreement called the Rio Protocol--the Protocol of Rio de Janeiro of 1942--which drew the line and established the conditions for separation of forces and drew the boundary between the two countries. Four friendly neighbors--the United States, Brazil, Argentina, and Chile--were asked to be guarantors of that Rio Protocol, and that is what we have been over the last few years, helping them try to settle all the spats and disputes that have arisen from this over the years. The issue at question right now is complicated to understand. I will try to give it to you in about two sentences. In the Rio Protocol, a border is described by points, saying it goes from the confluence of these two rivers to this point to that point. But it was not actually demarcated originally. Then three years later, in 1945, a Brazilian military cartographer actually demarcated the border--all but a 78-kilometer stretch and a particularly difficult area to reach--in which he gave some opinions as to how that border should be demarcated following a line of mountains there. What happened a few years later was that the U.S. Air Force, doing some aerial photography for maps, discovered a river that nobody had known existed before, thus changing the knowledge about the geographic area and thus, according to the Ecuadorians, affecting exactly how this line should be drawn. I do not want to get into how that line should be drawn or how this process should be worked out, but that is the basis of the dispute: The Peruvians say the original line is the correct one, and the Ecuadorians say the decision was made in the absence of relevant information and that it should be looked at again. That issue has been the basis of disputes over the years. In this particular instance, skirmishes broke out in this area between Peruvian forces and Ecuadorian forces that had moved over time into small outposts in this disputed area. Our job as the guarantors at that point was not to resolve the underlying dispute by any means, but to try to end the current fighting, stop the bloodshed, and, if we could, set up a mechanism by which the underlying dispute could be addressed in an effective way. We were successful in bringing the parties together to discuss this crisis; and, as you know, that is sometimes the most difficult part of a negotiating process. The meeting we had lasted all week--from late Tuesday all the way through to Sunday--and produced a proposal which would end the current crisis and would provide a vehicle for pursuing a long-term resolution of the issue. It calls for a cease-fire, a separation of forces, a total demilitarization in the theater of conflict, withdrawal of troops from the border, and establishment of an observer mission by the guarantor countries. It would not be a permanent mission, in all probability; it would just go in there to make sure that the troops were moving out when they are supposed to--and also set up a forum in which the two countries would be able to meet under the aegis, if you will, or with the support of the guarantor countries to look at the unresolved issues between them. The Rio Protocol does not give to the guarantor countries authority to determine or impose a solution. Our job is to facilitate and assist the two parties--Peru and Ecuador--in arriving at that; and that is what we were doing down there. The talks were very intense and conducted in good faith by all, and where it stands now is that we are awaiting a response from the Ecuadorian Government to this proposal that was produced by all six of us at that meeting last week. We are continuing to work together chiefly in Brasilia now. The Brazilians are the leaders of the guarantor group. Their acting foreign minister, who is really the vice foreign minister, was the leader of our guarantor group. He will continue to have that role. Our ambassador in Brazil as well as the ambassadors of Chile and Argentina will continue to work very, very closely in their roles as representatives of the guarantor countries. Those ambassadors were in all of our meetings in Rio, so they were very well apprised of what took place there and are well versed on the issue itself. We are still optimistic and hopeful that the two parties can find a way to reach an agreement. This is really a tragedy for them and for the hemisphere as a whole. What we tried to say in the statement we issued on Sunday afternoon in Rio was that we urged the two parties to suspend any hostilities and any threats or any provocative moves that could make the situation worse, and try to create a climate for: 1. Ending the current fighting; and 2. A longer-term constructive engagement to resolve the underlying issues. We will be fully committed and prepared to work intensely with Peru and Ecuador as may be required. Our information concerning what is actually going on on the ground in this very remote area is very, very weak, but we do not think that there were many hostilities taking place over the weekend. But whatever there was, it is too much as far as we are concerned. We hope that both sides will draw back. The Ecuadorians are sending--their President visited Brazil, Argentina, and Chile from Sunday night through yesterday to talk to leaders there, and the Ecuadorians are sending a delegation chaired by the president of their congress--a fellow named Heinz Mueller--to Washington to visit with us to talk about the crisis. I should say that throughout this entire effort, there has been very, very high-level involvement, including by the Secretary of State, who has talked to the presidents of Ecuador and of Peru on several occasions during this effort to help them find a peaceful solution to this immediate crisis and a longer-term arrangement for resolving underlying issues. (###) ARTICLE 7 White House Statements President Clinton Meets With President of Eritrea Statement by White House Press Secretary Michael McCurry, Washington, DC, February 1, 1995. The President met today with President Isaias Afwerki in the Oval Office for 30 minutes. The two Presidents welcomed the excellent relations that exist between the two countries and discussed ideas for broadening the relationship, especially in the areas of commerce and security. The President expressed his appreciation for Eritrea's good start on the road to democracy and free markets in the nearly two years since its independence. He pledged continued U.S. support for Eritrea's efforts to rebuild after its decades-long struggle for independence. At the same time, the President applauded the emphasis that the Eritrean Government has placed on encouraging international trade and investment as the engine for Eritrean development. The Presidents also discussed the need for peace and stability in the Horn of Africa, especially Sudan and Somalia. They agreed that a peaceful resolution to the civil war in Sudan is essential, not only for the long-suffering people of that nation, but for the security of Sudan's neighbors. They reaffirmed their commitment to work together and with the nations of the Inter-Governmental Authority on Drought and Development to achieve that goal. The Presidents also underscored their joint effort to promote food security throughout the region. They agreed that the President's greater Horn of Africa initiative, developed by the U.S. Agency for International Development, provides a solid basis for a preventive approach to food crises in this 10-nation region. They agreed that a regional conference should be held soon to coordinate measures that could use humanitarian relief as a stimulus for recovery and sustainable development. President Isaias also met at the White House with Anthony Lake, Assistant to the President for National Security Affairs. During his visit to Washington, President Isaias also has had meetings with Secretary of Defense William Perry and other senior Administration officials. U.S. Concern Over Hostilities Between Peru and Ecuador Statement by White House Press Secretary Michael McCurry, Washington, DC, February 2, 1995. This morning, President Clinton wrote to President Fujimori of Peru and President Duran-Ballen of Ecuador to express his serious concern over the continuing hostilities between Peru and Ecuador and to urge them to accept an immediate cease-fire agreement. He stressed that the fighting is a tragedy for the people of both countries. As one of the guarantors of the 1942 Rio Protocol, the United States has been working closely and actively throughout the current conflict with the other guarantors--Argentina, Brazil, and Chile--to facilitate an agreement based on this accord that would end the fighting and create conditions for a durable peace between the two countries. Intense negotiations involving the guarantors, Peru, and Ecuador are continuing in Rio de Janeiro. In this search for peace, Secretary Christopher has telephoned both Presidents Fujimori and Duran-Ballen. Assistant Secretary of State for Inter-American Affairs Alexander Watson is leading the U.S. delegation to the talks in Rio de Janeiro. Our ambassadors in Quito and Lima have been in constant contact with their host governments. On January 29, the U.S. co-sponsored a resolution at the Organization of American States which urged "an immediate stop to the hostilities." The United States is prepared to participate in a mission to observe a cease-fire once one is in place. (###) ARTICLE 8 U.S. Accession to the UN Convention On the Law of the Sea David A. Colson, Deputy Assistant Secretary For Oceans and International Environmental And Scientific Affairs Address before an international symposium, Georgetown University, Washington, DC, January 27, 1995 Thank you very much for this opportunity to address the United Nations Convention on the Law of the Sea and the important implications it has for all Americans. I am honored to be part of this meeting which brings together a group of people that has worked through the years to make the Law of the Sea Convention a reality. The background of the group illustrates the important bipartisan nature of the U.S. approach. Each administration has consistently searched for a widely accepted international framework within which to advance U.S. ocean interests. All administrations have been of the strongly held belief that a comprehensive, international consensus--versus ad hoc regional or bilateral arrangements--is the best way to promote, protect, and preserve those interests. I will not detail those interests at this stage, as others will discuss them in depth throughout the day. Let us just say, for now, that they are massive; they are vital. They range from national security interests to those that now fall under the rubric of sustainable use of ocean resources. The Law of the Sea Convention, as now modified, provides the comprehensive, international framework that our country has sought for many years. Apart from the recently concluded trade agreement, it is perhaps the most significant example of the attainment of consensus in a major multilateral negotiation since the establishment of the United Nations--a consensus which in all respects serves to buttress U.S. national security needs while providing important tools to protect our marine environment and promote the sustainable use of ocean resources. It would be a great achievement in international law for the United States to join with other major maritime powers and now formally consent to accession to this convention. My approach here today is to outline for you very practical ways in which the amended Law of the Sea Convention is beneficial to the United States. Second, I want to speak directly to the opposition in our country to new UN institutions and the costs that are expected to be associated with this institution. Finally, I would like to bring you up to date on events since last July when the amending agreement was signed and demonstrate that a 180-degree turn has been made since the U.S. decision not to sign the convention in 1982. Practical Ways in Which the Treaty Is Beneficial to American Interests There is much talk today of the establishment of an "America desk" at the State Department. Well, I have news for everyone: There is an "America desk," at least when it comes to ocean issues--the issues within the province of the bureau in which I work--Oceans and International Environmental and Scientific Affairs. We do not do the bidding of other countries. We do not serve international institutions. We are, and we have been, in business to support and promote U.S. interests in the ocean, and that is what we do. Sometimes I think the convention's very title, with its legal and theoretical connotations, does not adequately convey the fact that the convention provides the practical, day-to-day basis upon which to pursue vital U.S. national interests. Why do I say this? I say this because this convention champions the rights and interests of the American people throughout its many provisions. In the vital area of national security, the treaty champions the constitutional covenant between the American people and their government to defend their rights and interests, for the first and most important obligation of the U.S. Government to its citizens is to promote and defend the lives, liberties, and prosperity of the American people. This treaty protects the territorial integrity of the United States by obtaining international recognition and acceptance of our borders, including our territorial sea. This occurred through peaceful means at the bargaining table. The extension of the U.S. territorial sea from three to 12 nautical miles gave the U.S. an area the size of the State of Texas. The treaty fully recognizes this claim, as it does the U.S. claim to a 200-nautical mile exclusive economic zone--bringing 4.1 million square miles of ocean under U.S. jurisdiction--an area one and a half times the size of the U.S. land area or 7% of the world's land area. The U.S. EEZ is, by far, the largest and richest of any in the world. What this illustrates is the tremendous gains for the United States that have been confirmed by this sea treaty on ocean law. Many of us have worked long and hard in this field, and we tend to take "boilerplate" provisions for granted. It behooves us to take a few steps back and look at the accomplishments represented by the convention's provisions which address maritime claims and zones of national jurisdiction. Boundaries have been the root of many a war throughout the history of civilization. This convention and the acceptance that it has secured throughout the world, largely as the result of U.S. leadership, is truly remarkable. Through 10 years of tenacious negotiations, such understandings and commitments were obtained with over 160 governments. To bring international stability to claims of national jurisdiction in the oceans is the convention's greatest accomplishment. Vital U.S. security interests are protected by the treaty. Spokesmen from the Defense Department are here to address these issues, so let me note only that in the post-Cold War era the United States must ensure that the lines of communication over and under the sea and through the air are freely available in order to project power to distant regions. Constant vigilance and a willingness to assert our rights is always required. But the job is easier if there is fundamental international agreement on a comprehensive, widely accepted convention. We had better think long and hard before we discard the sea treaty on ocean law--an agreement that contains a consensus on these basic fundamental issues, not only among our long-time NATO allies and the OECD countries, but among the countries of the former Soviet Union, the former Eastern bloc nations, the Middle East countries, and China, among others. This treaty champions the rights of the American people in the environmental arena. How does it do this? It is the strongest and most comprehensive environmental treaty in existence or likely to emerge for quite some time. The convention establishes, for the first time, a comprehensive legal framework for the protection and preservation of the marine environment. By addressing all sources of marine pollution, such as pollution from vessels, seabed activities, ocean dumping, and land- based sources, it promotes the continuing improvement in the health of the world's oceans. This treaty effectively and expressly finds the right balance between economic and environmental interests. Of particular note, it finds the right balance between America's interests as a coastal state in protecting its environment and natural resources with the American armed forces' rights and freedoms of navigation around the world. This convention champions the rights of the American people as they enter the information age. It provides explicitly for the laying of submarine cables and other telecommunications equipment on the ocean floor and continental shelves. This is key to maintaining our technological lead in this field. Submarine cables include telegraph, telephone, and high-voltage power cables, which are essential to modern communications. In light of the extraordinary costs and increasing importance to the world economy of undersea telecommunications cables, particularly the new fiber optic cables, it is significant that the convention strengthens the protections for their owners and operators. The treaty champions the rights of the American people in the conservation of their offshore living marine resources, particularly fish. Ninety percent of the living marine resources are harvested within 200 miles of the coast. The convention confirms the validity of the United States Exclusive Economic Zone, proclaimed by President Reagan in 1983. The treaty's provisions relating to the conservation and management of living marine resources are consistent with U.S. law, policy, and practice. Its provisions on the conservation of high seas fishery resources are more critical today than they were a few years ago because of the dramatic overfishing that has occurred worldwide just in the past decade. The dispute settlement provisions of the convention as they relate to high seas fisheries will help us ensure that overfishing does not occur on the high seas adjacent to our 200-mile zone in a manner detrimental to the interests of our fishing industry. The convention champions the rights of the American people to protect the marine mammals that inhabit the vast ocean space. Americans care about whales and giant sea turtles and other important sea creatures. Poll after poll confirms this interest, and the treaty sets up the mechanisms whereby the United States can work to respond to these uniquely international issues. The convention champions the rights of the American people to engage in international commerce. As we enter the global village--and every day that goes by demonstrates the global nature of trade--the shipping lanes that handle that trade become increasingly more important. How can we say they do not? American importers, exporters, shippers, and other merchants will be provided with greater certainty as standardized rules of the road are adopted in conformity with this all-important treaty. The convention champions the rights of the American people to oil and gas resources off the coast to the farthest reaches of the outer edge of the continental margin. The standards and procedures for delimiting the outer edge of the margin will help avoid uncertainty and disagreement over the maximum extent of coastal-state continental shelf jurisdiction. This clarity is enormously important, both to advance the resource management of the U.S. continental shelf to its farthest point and the commercial interests of the U.S. oil and gas industry, whether operating at home or abroad. This amended convention is truly America's convention. Last, but not least, the convention champions the rights of the American people to learn more about the oceans. Its marine scientific research provisions support the activities of U.S. scientists, promotes their access to waters under the jurisdiction of other nations, and fosters the free flow of resulting scientific data and information. UN Institutions: An Insurance Policy We are keenly aware of the move toward less regulation, smaller institutions, and limited government that is sweeping our nation. The election of November 8 confirmed this trend. The same winds have been blowing within the UN system for some time now. The issue of cost to States Parties provided the opening the UN Secretary General used to draw states into discussions in the late 1980s, which led to a successful resolution of outstanding issues and the resulting amending agreement that fixed the convention's deep seabed mining provisions. Many states had expressed the view that such costs must be kept low. The resulting amending agreement provides for a much more limited apparatus and one in which the United States will have a say commensurate with our interests. To be sure, there will be costs associated with these institutions. It is our belief that we have done everything in our power to limit these costs, and, all things considered, they will be relatively small. For one thing, the United States and the four other largest contributors to the International Seabed Authority are guaranteed a seat on the Finance Committee. This committee has jurisdiction over all budgetary and financial matters until the organization no longer is financed by assessed contributions. Because the Finance Committee must make decisions by consensus, the United States has a veto. The Congress must, of course, appropriate whatever money we would contribute. The United States is also guaranteed a seat on the Council of the Authority. Decisions on the distribution of revenues from mining, the adoption of rules and regulations, and the approval of amendments to the convention's seabed mining provisions must be made by consensus. Hence, they also are subject to a U.S. veto. Other substantive decisions of the council are made by a chambered voting arrangement, the effect of which is to allow the United States and two other industrialized countries acting in concert to block a decision. The anticipated total budget for the International Seabed Authority for 1995 is a little under $2.5 million, and we would normally fund no more than 25% of that--no more than $650,000. This will cover conference services for three meetings and personnel costs to support a secretariat staff of six professionals and 17 support staff. One way to look at these limited costs is that they serve as a sort of insurance premium paid to ensure and stabilize the vast benefits outlined above that will accrue to the American people. Compared to our expenditures for national defense, these expenses are well below de minimus. Or, compared to the funding of other inter- national institutions established by other multilateral treaties to which we are a party, we get an extremely good bang for this American buck in terms of the promotion of the array of U.S. ocean interests. What we are currently looking at in terms of costs is less than the contribution we make to many international commissions and institutions that we are party to by treaty, and it is a drop in the bucket against our contribution to UN institutions. Compare this $650,000 to the $22 million of a U.S. Air Force C-130-- which is not the most sophisticated or costly of military machines. That was the cost of the plane shot down by Peru as it attempted to enforce an excessive maritime claim. Not only that, but an airman lost his life. In recent weeks, in light of entry into force of the convention and the solid momentum building in support of its provisions, Peru stated that it is reviewing its policies with an eye toward a public referendum. This is very significant. This is what we want to see. The more certainty that is achieved in the way we use the oceans, the less the cost to the American taxpayers and the American armed forces in terms of assets and preparedness. It is too early to tell what out-year budgets will be for the implementation of this convention, but certainly for the foreseeable future, they should not be too different. The 1996 budget and following budgets will have to pass through the Finance Committee, which will include the United States and other major contributors. Through its veto power in the Finance Committee, the United States will be able to ensure that the budget of the Authority remains reasonable in relation to the tasks that it must perform. You can be sure that our allies, including Russia, will perform this watchdog function along with us. Even if costs were to triple, a 25% U.S. share would still be well within reasonable limits, considering the magnitude of the security of investment provided by this treaty to innumerable American interests and in comparison to the amount we contribute to other international institutions. Development of Consensus Since 1982 We have come a long way since President Reagan decided not to sign the convention in July of 1982. The President made that decision after reviewing the entire convention. His decision to withhold U.S. signature was based on six points he outlined having to do with Part XI--the deep seabed section of the convention. He was quite clear, in an ocean policy statement released in March 1983, when he proclaimed a 200-nautical mile exclusive economic zone, that the United States accepted the balance of interests reflected in the other parts of the convention and that we would abide by those sections. In 1988, President Reagan, once again acting with the convention as benchmark, extended the U.S. territorial sea, by proclamation, to 12 nautical miles for international purposes. These actions emphasize the importance of the convention and our support for it--apart from Part XI. Part XI alone had always been the problem. In 1982, a mission undertaken by a special emissary of the President-- Donald Rumsfeld--to U.S. allies revealed similar dissatisfaction over Part XI. Some important allies, such as the United Kingdom and Germany, stood with the U.S. in opposing Part XI and withheld signature. Other allies, such as France, Japan, Italy, Belgium, and the Netherlands, signed but made statements to the effect that ratification would not occur until an acceptable solution was found regarding the seabed mining section. Commentators, such as Ken Adelman, who participated in the Rumsfeld mission, have written recent op-ed pieces that remain critical of the convention. What is of concern is that they fail to take into account the advances made in the seabed mining provisions, not to mention that they ignore or discount the protection the convention provides for fundamental U.S. interests, such as a 12-mile limit to coastal sovereignty, freedom of navigation, protection of the marine environment, and management of fisheries. All of these interests are clearly American interests and should be guaranteed protection. John Whitehead, also an important player in the Reagan Administration as the Deputy Secretary of State, made these points in a recent piece he wrote in the Washington Times. He concluded that our objectives have been achieved, and we should now support the outcome. Over the past few years, a quiet negotiation under the auspices of the UN Secretary General worked to reform Part XI of the convention. The agreement that was achieved addressed satisfactorily each of the U.S. concerns articulated during the 1980s. Market-based principles now guide the operation of this section of the convention. The objectionable technology-transfer provisions are gone. New voting formulas guarantee the United States a place at the table and influence commensurate with our interests and the ability to control--through the Finance Committee- -the size and shape of the ocean institutions that will be created. This could not have been achieved without the strong stance taken against Part XI voiced by President Reagan, Prime Minister Margaret Thatcher, and German Chancellor Helmut Kohl and the united opposition of industrialized governments. Now these governments have joined with the United States to sign the deep seabed agreement that has reformed the objectionable treaty provisions. Today, 83% of the world's GDP is represented by governments that have indicated support for the amended convention. Seventy percent of the world's population is represented by those same governments. This includes all of the OECD countries. Russia, already a signatory to the convention, recently agreed to provisionally apply the deep seabed mining agreement. This decision was transmitted to the Secretary General on January 5, 1995. We are pleased with this development, and we will work with Russia to keep costs associated with the convention down. In recent weeks, we polled our OECD colleagues to inquire as to their plans for ratification. We learned that most, if not all, will complete ratification this year or in the first few months of 1996. Germany, which was with us in 1982, has ratified, as have Australia and Italy. France and New Zealand expect to do so by mid-year. Belgium, the Netherlands, and Luxembourg look for ratification by year's end. Greece, Austria, Portugal, and Ireland expect to ratify soon, certainly before the end of the year. Spain, a most important strait state, will likely ratify this year as well. The United Kingdom and Japan are both moving forward and expect the required parliamentary action by early 1996. Indeed, we know of no case of doubt that a major country will approve the convention by 1996. Some may argue that the United States should not bother to fix the one unacceptable part of the treaty. The problem with this argument is that that treaty part has been fixed. Those of us involved with this within the executive branch believe we should accede to this convention. It is largely America's convention. We created it. In concept and in its details, it is largely what we want--then and now. As a maritime power concerned with freedom of navigation and overflight--military and commercial--and as a coastal nation concerned with proper management of our off-shore resources and protection of the marine environment, America's interests are well served by a universally accepted convention that provides the rules and framework to advance U.S. ocean interests into the 21st century. (###) [BOX INSERT] Text of The Letters of Transmittal and Submittal and Commentary of the Law of the Sea Convention have been published as Dispatch Supplement, Volume 6, Number 1, February 1995. (###) ARTICLE 9 Current Issues in International Fishery Conservation and Management David A. Colson, Deputy Assistant Secretary for Oceans And International Environmental and Scientific Affairs Statement before the Subcommittee on Fisheries, Wildlife, and Oceans of the House Committee on Resources, Washington, DC, January 25, 1995 Mr. Chairman and members of the committee: I appreciate the opportunity to testify before the committee on several current international fishery conservation and management issues. With your permission, I will discuss the topics raised in the Chairman's letter of January 11, and mention a number of other related international fisheries developments. The State Department's involvement with fisheries issues dates from the earliest history of the United States. In 1789, Thomas Jefferson, when he was Secretary of State, submitted a report to Congress describing the decline of New England fisheries harvests. Until recently, many have considered the seas to be an inexhaustible source of fish. Living marine resources are now known to be under extreme stress. World harvests of marine species peaked at about 86 million mt in 1989. The United Nations Food and Agriculture Organization reports that the catch of marine species declined to 82 million mt in 1992. Absent concerted efforts to bring about responsible fishing practices, we can expect this downward trend to continue. The fishing power in the world is simply too great; new care must be taken to conserve the fishery resources of the sea so that they can be used sustainably by future generations and play their central role in the marine ecosystem, and so that they contribute to the global economy. As we consider these facts, however, two other points need to be noted: First, since about 90% of the world's fish catch occurs in the 200-mile exclusive economic zone of coastal states, most of the responsibility lies with individual countries to conserve and manage the resources for which they are responsible. Second, our awareness of the importance of fisheries to our economies and way of life, and the need to be prudent and wise in our international fisheries management, emerges at the same time that the world's population continues to explode. Our ocean resources cannot help but come under increasing pressure from this fact alone. We must be very wise in the years ahead to ensure the sustainability of the world's fishery resources. The Department of State has aggressively taken the initiative in the international community to address fishery conservation and management issues, both bilaterally and multilaterally, with an emphasis on solving high seas fisheries problems. We have recently concluded several agreements which will help maintain viable international fisheries and which will thus be to the long-term benefit of U.S. fishermen. I would like to discuss some of these agreements, and describe what remains to be done to implement them. In this regard, I note that there are a number of items, supported by the Administration, that the House acted favorably upon last year, but that did not become law. My comments today will be based on these measures as they were considered by the last Congress, since the Administration has not reviewed bills recently introduced in the 104th Congress. I am accompanied today by Mr. Rolland Schmitten of the National Marine Fisheries Service, NOAA, and Mr. Gary Edwards of the U.S. Fish and Wildlife Service. High Seas Fisheries Licensing Act This bill was approved by the full House during the last Congress, as Title I of the "Oceans Act of 1994," H.R. 4852. It is especially important because it implements two treaties that are key elements of the strategy I have just outlined. These are: 1. The Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas--commonly referred to as the FAO "Flagging" Agreement; and 2. The Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea--also called the "Donut Hole Convention." The Senate has given advice and consent to ratification to both of these treaties. We await the passage, however, of this bill before we deposit our instruments of ratification. So that you will understand the need for this legislation, I would like to explain the status and the significance of each agreement. The FAO Flagging Agreement On June 28, 1994, I testified, on behalf of the Administration, in support of the FAO Flagging Agreement before the Senate Committee on Foreign Relations. The agreement was adopted at Rome by consensus of the Food and Agriculture Organization of the United Nations on November 24, 1993. The full Senate gave its advice and consent to accept the agreement on October 6, 1994. To date, six countries, including Canada, have accepted the agreement, and many other countries are in the process of doing so. The agreement was largely the initiative of the United States, and it was gratifying to receive the Senate's approval. The agreement represents one critical element of our efforts to bring fishing conducted on the high seas under greater control in order to maintain the productivity of high seas fisheries over the long term. The agreement rests on the legal framework established in the 1982 United Nations Convention on the Law of the Sea. It builds upon one of the convention's basic obligations--that states whose vessels fish on the high seas are to cooperate in the conservation and management of high seas resources. It seeks to ensure that there is a genuine link between those states and the vessels that fly their flag. The agreement addresses a growing threat to the integrity of multi- lateral fishery organizations. Fishing vessels flying the flag of some states participating in such organizations have increasingly reflagged to non-member states as a means of avoiding fishing restrictions that would otherwise apply to them. However, reflagging is only part of a larger problem. A growing number of newly built high seas fishing vessels are registered directly in states that are not members of the major multilateral fishery organizations. The agreement also addresses the problems caused by this practice. Implementation of the agreement by the United States requires new legislation. We will not deposit the United States instrument of acceptance until such implementing legislation is passed. We encourage you to consider this legislation favorably at an early date, because the United States, as a member of most important fishery organizations whose measures will be strengthened by the agreement, stands to benefit considerably from its entry into force and effective implementation. Central Bering Sea "Donut Hole" Agreement On June 16, 1994, representatives of China, Korea, Russia, and the United States signed the Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea. I was pleased to sign the convention on behalf of the United States, following three years of intense negotiations to address high seas over- fishing of the pollock resources in the high seas area of the Bering Sea known as the "Donut Hole." Japan and Poland--the other participating countries in the preparation of the agreement--subsequently signed the convention in July and August 1994, respectively. Unregulated fishing on that part of the pollock stock which migrates from the U.S. and Russian zones to the high seas Donut Hole area is of great concern to us. Vessels of Japan, China, Korea, and Poland began fishing without restraint in the mid- to late 1980s on the pollock stock in the Donut Hole. The result was a dramatic decrease in the size of the stock. This decrease also raised serious concerns about possible long-term adverse impacts on ecologically related species. Under the convention, harvest levels of pollock in the Donut Hole will be based on the best scientific and technical information available. There are strong enforcement and compliance provisions to ensure responsible fishing. Chief among these are the requirements that each and every vessel fishing for pollock in the central Bering Sea use a real-time satellite position fixing device; that each carry scientific observers; and that each consent to boarding and inspection by enforcement officials--the U.S. Coast Guard--to ensure compliance with the convention. These are provisions that, with others, make the convention a unique, forward-looking agreement. Representatives of the U.S. fishing industry, government agencies, and congressional representatives strongly supported the U.S. negotiating effort. The regime the convention creates will aid in ensuring the continued viability of the U.S. pollock industry. It will also serve as an effective forum for closer and improved international coordination of fishery enforcement activities on the high seas of the North Pacific. The benefits to be derived from the convention will make its establishment extraordinarily worthwhile. The Senate gave its advice and consent to ratification of the convention on October 6, 1994. The High Seas Fisheries Licensing Act of 1994, as passed by the House of Representatives during the last session of Congress, contained measures sufficient to implement the convention, and for that reason as well, we request your support for early passage of the legislation. I should note that the Russian Parliament and President Yeltsin have taken the necessary steps to approve the Donut Hole convention and that the other governments concerned are moving ahead with their respective legislative and constitutional requirements. We need to pass this act. We certainly do not want to be the last to ratify the Donut Hole convention that we all worked so hard for. Sea of Okhotsk "Peanut Hole" Mr. Chairman, related to the Donut Hole, I would like to note that there are occasionally rumors that some U.S. vessels may wish to enter the Sea of Okhotsk off the Russian Far East. There are indications that they may wish to fish in the high seas "Peanut Hole" area of that sea. The central Sea of Okhotsk Peanut Hole area is currently facing a very serious conservation problem with its pollock stocks, not unlike the central Bering Sea Donut Hole. Vessels of Japan, Korea, China, and Poland have, in recent years, been fishing without restraint in the Peanut Hole on its pollock stocks. As a result, the stocks have reportedly been decimated. Negotiations initiated by Russia with the fishing countries have been unsuccessful toward reaching an agreement to conserve and manage the stock, although agreement was reached that no fishing would occur in 1994. I want to stress the importance of a solid, positive fisheries relationship with Russia in the North Pacific Ocean and Bering Sea. Were U.S. vessels to enter the Peanut Hole, our cooperation with Russia on a broad range of fishery issues would be jeopardized and implementation of the Donut Hole agreement could be frustrated. The Sea of Okhotsk Fisheries Enforcement Act of 1994 was passed by the House of Representatives on October 7, 1994, as Title VI of the Ocean Act of 1994. The Administration strongly recommends and supports enactment of the bill. The bill would amend the Central Bering Sea Fisheries Enforcement Act of 1992. It would expand the prohibition on U.S. vessels and nationals from conducting fishing operations in the central Bering Sea, except where such fishing operations are conducted in accordance with an international fishery agreement to which the United States and Russia are parties, to include the central Sea of Okhotsk. Enactment of the bill would further our bilateral efforts, particularly with Russia, to protect the marine environment and to ensure sustainable fisheries in the central Bering Sea and the Sea of Okhotsk. It would fulfill the intention of Presidents Clinton and Yeltsin, as announced at the Vancouver Summit in April 1993, to expand and improve joint work in the area of environmental protection, including further development of bilateral cooperation on fisheries in the Bering Sea, the north Pacific Ocean, and the Sea of Okhotsk, including for the purpose of preservation and reproduction of living marine resources. I urge the committee to again consider and take favorable action on the bill. Fishermen's Protective Act of 1967 Mr. Chairman, you may recall that, last summer, Canada imposed a fee on each U.S. fishing vessel which sought to transit the "Inside Passage" between Vancouver Island and mainland British Columbia. Negotiations on the management regime under the Pacific Salmon Treaty had broken down, and Canadian officials thought that the imposition of a $1,100 (U.S.) "transit fee" would advance the negotiating process. It did not. But it did establish the possibility of dangerous confrontations between U.S. fishermen in small boats seeking the safe transit offered by the Inside Passage and armed Canadian authorities. Concerned west coast Members of Congress and many of us involved in the negotiations sought a way to avoid these confrontations. In the end, we encouraged fishermen to pay the transit fee, and congressional interests and the Administration agreed that we would seek authority to reimburse the fishermen from funds on hand in one of two programs authorized under the Fishermen's Protective Act. Let me emphasize that we did not then, nor do we now, have the legal authority to make those payments. This is not an appropriations issue. The issue is that if we are to reimburse at least the 258 fishermen who we now know paid the fee, the Fishermen's Protective Act must be amended. Again, H.R. 4852, passed by the full House on October 7, 1994, contained language that would have allowed us to make those payments. In fact, Section 502 of H.R. 4852 reflected a compromise between House and Senate approaches to this problem, and it met most of the "scoring" and "pay-go" requirements of the Budget Enforcement Act of 1990. We are prepared to work with staff to resolve any remaining concerns about this legislation, and we need it if we are to reimburse the fishermen who paid the fee. Mr. Chairman, I have outlined three legislative actions which need to be taken if we are to get our laws up to speed on where we are on international fishery issues: the High Seas Fisheries Licensing Act; the Sea of Okhotsk Fisheries Enforcement Act; and an amendment to the Fishermen's Protective Act. I am aware of no opposition to these in the Senate or in the industry. I hope that both Houses can pass the necessary bills swiftly early this year. Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries I would also like to discuss the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries--the convention done at Ottawa on October 24, 1978. The convention established the Northwest Atlantic Fisheries Organization (NAFO), which regulates fisheries on straddling stocks in that portion of the Atlantic. The convention provides for conservation and management of fish stocks--cod, redfish, yellowtail flounder, American plaice, and other groundfish species--that occur outside national zones of jurisdiction. It also provides a framework for scientific cooperation on fisheries of the Northwest Atlantic Ocean. While the Senate approved this convention in 1983, due to the absence of implementing legislation, the United States has not yet acceded to the convention. The time has come for us to do so if we have an interest in the fisheries of this region and if our fishermen are going to fish there. Our policy--on a wide range of international conservation issues- -is to participate in regional conservation and management regimes. We make it a cornerstone of our laws and policies to encourage others to do so. Our failure to participate in the NAFO regime for stocks in the Atlantic, which U.S. fishermen occasionally harvest, is inconsistent with our policies to encourage cooperation in international resource management and to ensure the sustainable use of fisheries resources through participation in international management agreements. Some segments of the fishing industry have not been supportive of the United States joining NAFO. However, last year, the House adopted implementing legislation for NAFO in H.R. 3188, which became Title II of the "Oceans Act of 1994," passed by the House on October 7. Again, I urge you to consider this measure favorably. It is deeply important if we are to use commercial fisheries on a sustainable basis that any fisherman who fishes outside his national zone fishes pursuant to rules established through the relevant conservation and management organization for the region. Governing International Fishery Agreements (GIFAs) Under the Magnuson Act, a governing international fisheries agreement (GIFA) is the mechanism through which foreign countries accept all the provisions of the Magnuson Act, including the basic objectives of the act concerning Americanization of all fisheries within the U.S. exclusive economic zone. The U.S. Departments of State and Commerce are committed to these basic objectives of the act and to working with U.S. industry groups to achieve these objectives. Should there be surplus stocks of fish, any allocation thereof would be considered in light of U.S. domestic fishing interests. We remain concerned about a proposal advanced by some U.S. industry groups to amend the Magnuson Act to prohibit allocation of surplus stocks to our GIFA partners. Their proposed amendment is unwise, as it could foreclose potential access to surplus fish stocks of other coastal states by U.S. vessels. The amendment is unnecessary, because domestic fishing interests are taken into consideration in allocation decisions. But GIFAs are particularly useful for other purposes. The domestic industry may be interested in using joint ventures possible under GIFAs to tap foreign expertise or investment to the benefit of U.S. fishermen- -to develop domestic processing or marketing capabilities, for example. In addition, GIFAs facilitate bilateral cooperation on a wide range of fisheries issues, and provide a forum for continuing dialogue on fisheries issues of mutual interest. The United States currently has GIFAs with Korea, Poland, the People's Republic of China, Latvia, Estonia, and Lithuania. We also have a Mutual Fisheries Relations agreement with Russia--a reciprocal agreement which provides our fishermen with the opportunity to conduct operations in the Russian 200- mile zone. We believe the Estonia GIFA is an important sign of U.S. support for an emerging democracy. At present, the Estonian distant water fleet is burdened by excessive fuel costs, and we do not expect the Estonian Government to request permission to fish in the U.S. zone at any time during the requested two-year extension of this agreement, nor do we see the likelihood that surplus resources would be available. The President transmitted the Estonia GIFA to Congress on January 19, 1995. Similarly, the People's Republic of China is not expected to request permission to fish in the U.S. zone, but as the world's largest harvester of marine fish, China needs to be brought to the table in important fishery management discussions, particularly in the Pacific and the Indian Oceans. The GIFA enables us to encourage responsible fishing practices by the Chinese fleet. The President transmitted this agreement to the President of the Senate and the Speaker of the House of Representatives just before the end of the last session of Congress. Mr. Chairman, as you are aware, the Magnuson Act provides that a GIFA-- or extension--may enter into force following its transmittal to Congress and 60 days of continuous session, and that Congress may act on a GIFA before that 60-day period expires. We support the extension of these two agreements. Atlantic Tunas Convention Act of 1975 The Atlantic Tunas Convention Act implements the convention which established the International Commission for the Conservation of Atlantic Tunas (ICCAT). ICCAT is a difficult forum in which to operate effectively, because of the large number of countries involved--22 from five different continents--the many different relationships and interests among these nations, and the fact that the U.S. is not the dominant influence in the commission. But it is the right forum--most of the countries that should participate do so, and it is properly structured to adopt binding conservation and management measures throughout the full range of the species when necessary. During the past few years, ICCAT has done a much better job in its conservation efforts. We believe it is now on the right track for effective conservation of Atlantic bluefin tuna and swordfish stocks-- the species of primary interest to the United States. At the 1994 ICCAT meeting, the countries of the commission took a historic decision by agreeing to a procedure providing for the possibility of trade sanctions by member countries against non-members whose vessels fish in a manner which undermines agreed ICCAT conservation measures. We will be working hard in the months ahead to ensure the effective implementation of this procedure. Mr. Chairman, I believe the committee should consider several other developments in international fisheries. With your permission, I would like to summarize each of these issues for the committee. United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks This conference is one of several follow-up actions from the 1992 UN Conference on Environment and Development held in Rio de Janeiro. We believe that can produce a number of positive results for the United States. Fundamentally, we seek to fix weak elements of the current international fishery management system, particularly by strengthening enforcement of the relevant regimes. We are now focusing our attention on dispute settlement, port state enforcement, and other enforcement and compliance concerns. The form of the outcome of the conference is important. We support a strong, binding convention. We also support the concept of precautionary reference points as elements in the effective conservation and management of straddling fish stocks and highly migratory fish stocks, both within and beyond the exclusive economic zone. FAO Code of Conduct for Responsible Fishing Mr. Chairman, in addition to the FAO "Flagging Agreement," I am pleased to report that the FAO is working to develop a broader International Code of Conduct for Responsible Fishing, in which the United States is actively involved. The code will address such areas as fishing operations, fishery management practices, fair trade practices, aquaculture development, coastal fisheries and coastal area management, and fishery research. Last year, the FAO drafted the General Principles of the code. Consultations are scheduled to continue this spring to finalize it. The FAO should conclude its work on the code and adopt it by the end of this year. The code will be voluntary in nature. It should greatly advance responsible fishing everywhere--in coastal areas as well as on the high seas. The United States fully supports development of the code and will continue to be an active participant in discussions on the code. Large-Scale High Seas Driftnet Fishing I am pleased to report to the committee that the Administration continues to ensure the full and effective implementation of the United Nations global moratorium on large-scale high seas driftnet fishing. As you are aware, the United States was a major proponent of the United Nations General Assembly resolution on large-scale high seas driftnet fishing and the global moratorium on such fishing. Toward this end, in December 1993, we concluded an agreement with the People's Republic of China to ensure effective cooperation and implementation of the moratorium. This agreement was recently extended for a two-year period. Under terms of the agreement, the Coast Guard may carry on board its cutters patrolling in the North Pacific a PRC enforcement official who would assist in any boarding of a PRC flag vessel suspected of using or equipped to use large-scale driftnets. In 1994, the Coast Guard did not detect any large-scale driftnet fishing in the North Pacific. We believe and remain generally pleased that the moratorium is being effectively implemented in the North Pacific. With regard to the Northeast Atlantic and Mediterranean Sea, we remain seriously concerned over continuing reports of fishing inconsistent with the moratorium and European laws by some vessels from European countries. We have repeatedly encouraged the relevant governments to take responsible enforcement action to ensure that vessels flying their flag are in compliance with the moratorium. They report that they have implemented stringent enforcement procedures. We are also seeking independently to confirm reports of activity inconsistent with the moratorium, and will continue to follow this issue closely. South Pacific Fisheries One of the most fruitful international fisheries agreements to which the United States is a party is the "Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America," popularly known as the "South Pacific Regional Fisheries Treaty." The treaty entered into force on June 15, 1988, and in 1992, the United States and the 16 Pacific Island parties extended the treaty arrangements through June 15, 2003. As a result of the agreement, we now enjoy close, cooperative fisheries relations with the nations of the Forum Fisheries Agency (FFA). In fact, the treaty has come to be much more than a fisheries agreement: It is a fundamental component of U.S. relations with the Pacific Island States. It is not an exaggeration to say that the treaty has become a cornerstone of U.S. relations with the countries of the region. The treaty is also of significant benefit to the U.S. tuna industry, since it provides fishing access on fair terms and conditions to nearly 10 million square miles of ocean. The U.S. fleet has done an excellent job of following the rules and making the treaty work from a practical point of view. It is of the utmost importance to U.S. foreign policy and fisheries policy interests in the South Pacific that the U.S. commitment to compensate the FFA pursuant to the treaty continue to be funded. While the treaty is of great importance to us, it is basically an access agreement. It does not provide for conservation and management of the region's tuna stocks. Also, there is no multilateral forum where fisheries matters can be discussed with the full range of nations involved in the fisheries. So, there is something of an institutional gap which needs to be addressed. In this regard, a high-level multilateral fisheries conference took place in Honiara, Solomon Islands, December 5-9, 1994. This conference was the first time that all of the coastal states and distant water fishing nations involved in the region had met together to discuss fisheries issues of mutual interest. The conference was successful in beginning a process of multilateral dialogue on fisheries science, regional enforcement mechanisms, and agreed operational rules. We will be following up on the outcome of the conference, in close cooperation with the FFA, the Pacific Island States, and the U.S. tuna industry. Eastern Tropical Pacific Tuna Fisheries The most difficult issue in this area in recent years has been the tuna/dolphin controversy. I do not wish to discuss this matter in any detail at this time, but I would like the subcommittee to be aware that the dolphin protection program of the Inter-American Tropical Tuna Commission has been phenomenally successful, to the point where accidental dolphin kills have been reduced to extremely low levels. The tuna embargoes required by the Marine Mammal Protection Act are harming our relations with the embargoed countries. We would be interested in exploring with Congress during the year ahead how to resolve the embargo problem while not lessening the protection of dolphins. Thank you very much. (###) ARTICLE 10 Treaty Actions Multilateral Arbitration Convention on the recognition and enforcement of foreign arbitral awards. Done at New York June 10, 1958. Entered into force June 7, 1959; for the U.S. Dec. 29, 1970. TIAS 6997; 21 UST 2517. Accessions: Mali, Sept. 8, 1994; Mongolia, Oct. 24, 19941; Portugal, Oct. 18, 19941; Senegal, Oct. 17, 1994; Zimbabwe, Sept. 29, 1994. Chemical Weapons Convention on the prohibition of the development, production, stockpiling, and use of chemical weapons and on their destruction, with annexes. Done at Paris Jan. 13, 19932. [Senate] Treaty Doc. 103-21. Signature: Chad, Oct. 11, 1994. Ratifications: Greece, Dec. 22, 1994; Mongolia, Jan. 17, 1995; Paraguay, Dec. 1, 1994; Spain, Aug. 3, 19941; Tajikistan, Jan. 11, 1995; Uruguay, Oct. 6, 1994 1. Children Convention on protection of children and cooperation in respect of intercountry adoption. Done at The Hague May 29, 19932. Signatures: Cyprus, Nov. 17, 1994; Peru, Nov. 16, 1994. Ratification: Mexico, Sept. 14, 1994 1. Copyright Berne convention for the protection of literary and artistic works of Sept. 9, 1886, revised at Paris July 24, 1971, and amended in 1979. Entered into force for the U.S. Mar. 1, 1989. [Senate] Treaty Doc. 99- 27. Accession: Russian Federation, Dec. 9, 19941. Genocide Convention on the prevention and punishment of the crime of genocide. Adopted by the UN General Assembly at Paris Dec. 9, 1948. Entered into force Jan. 12, 1951; for the U.S. Feb. 23, 1989. Accessions: Malaysia, Dec. 20, 1994; Namibia, Nov. 28, 1994. Human Rights International covenant on civil and political rights. Adopted by the UN General Assembly Dec. 16, 1966. Entered into force Mar. 23, 1976; for the U.S. Sept. 8, 1992. Signature: South Africa, Oct. 3, 1994. Accessions: Kyrgyzstan, Oct. 7, 1994; Namibia, Nov. 28, 1994. Optional protocol to the international covenant on civil and political rights. Adopted by the UN General Assembly Dec. 16, 1966. Entered into force Mar. 23, 1976 3. Accessions: Kyrgyzstan, Oct. 7, 1994; Namibia, Nov. 28, 1994; Paraguay, Jan. 10, 1995. International covenant on economic, social, and cultural rights. Adopted by the UN General Assembly Dec. 16, 1966. Entered into force Jan. 3, 19763. Signature: South Africa, Oct. 3, 1994. Accessions: Kyrgyzstan, Oct. 7, 1994; Namibia, Nov. 28, 1994. Judicial Procedure Convention abolishing the requirement of legalization for foreign public documents, with annex. Done at The Hague Oct. 5, 1961. Entered into force Jan. 24, 1965; for the U.S. Oct. 15, 1981. TIAS 10072; 33 UST 883. Accessions: Australia, July 11, 19941; Mexico, Dec. 1, 1994; South Africa, Aug. 3, 1994. Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters. Done at The Hague Nov. 15, 1965. Entered into force Feb. 10, 1969. TIAS 6638; 20 UST 361. Accession: Venezuela, Oct. 29, 19931. Ratification: Switzerland, Nov. 2, 19941,4. Convention on the taking of evidence abroad in civil or commercial matters. Opened for signature at The Hague Mar. 18, 1970. Entered into force Oct. 7, 1972. TIAS 7444; 23 UST 2555. Ratification: Switzerland, Nov. 2, 19941,4. Convention on the civil aspects of international child abduction. Done at The Hague Oct. 25, 1980. Entered into force Dec. 1, 1983; for the U.S. July 1, 1988. TIAS 11670. Accession: Cyprus, Nov. 4, 1994. Narcotics Single convention on narcotic drugs, 1961. Done at New York Mar. 30, 1961. Entered into force Dec. 13, 1964; for the U.S. June 24, 1967. TIAS 6298; 18 UST 1407. Accession: Kyrgyzstan, Oct. 7, 1994. Protocol amending the single convention on narcotic drugs, 1961. Done at Geneva Mar. 25, 1972. Entered into force Aug. 8, 1975. TIAS 8118; 26 UST 1439. Accession: Ethiopia, Oct. 11, 1994. Convention on psychotropic substances. Done at Vienna Feb. 21, 1971. Entered into force Aug. 16, 1976; for the U.S. July 15, 1980. TIAS 9725; 32 UST 543. Accessions: Kyrgyzstan, Oct. 7, 1994; Myanmar, June 20, 1994. Ratification: Lebanon, Dec. 15, 1994. United Nations convention against illicit traffic in narcotic drugs and psychotropic substances, with annex and final act. Done at Vienna Dec. 20, 1988. Entered into force Nov. 11, 1990. [Senate] Treaty Doc. 101-4. Accessions: Ethiopia, Oct. 11, 1994; Kyrgyzstan, Oct. 7, 1994. Ratification: Norway, Nov. 14, 1994. NATO--Status of Forces-- Germany Agreement to amend the agreement of Aug. 3, 1959, as amended, to supplement the agreement between the parties to the North Atlantic Treaty regarding the status of their forces with respect to foreign forces stationed in the Federal Republic of Germany. Done at Bonn Mar. 18, 1993 2. Ratification: Germany, Dec. 20, 1994. Agreement to amend the Protocol of Signature to the agreement of Aug. 3, 1959, as amended by agreements of Oct. 21 and May 18, 1981, to supplement the agreement between the parties to the North Atlantic Treaty regarding the status of their forces with respect to foreign forces stationed in the Federal Republic of Germany. Done at Bonn May 16, 19942. Ratification: Germany, Jan. 3, 1995. Open Skies Treaty on open skies, with annexes. Done at Helsinki Mar. 24, 19922. [Senate] Treaty Doc. 102-37. Ratifications: Bulgaria, Apr. 15, 1994; Germany, Jan. 27, 1994. Phonograms Convention for the protection of producers of phonograms against unauthorized duplication of their phonograms. Done at Geneva Oct. 29, 1971. Entered into force Apr. 18, 1973; for the U.S. Mar. 10, 1974. TIAS 7808; 25 UST 309. Accession: Russian Federation, Dec. 9, 1994. Prisoner Transfer Convention on the transfer of sentenced persons. Done at Strasbourg Mar. 21, 1983. Entered into force July 1, 1985. TIAS 10824. Ratifications: Bulgaria, June 17, 1994; Poland, Nov. 8, 1994. Racial Discrimination International convention on the elimination of all forms of racial discrimination. Adopted by the UN General Assembly Dec. 21, 1965. Entered into force Jan. 4, 1969; for the U.S. Nov. 20, 1994. [Senate] Ex. C, 95th Cong. 2d Sess. Signature: South Africa, Oct. 3, 1994. Ratification: United States, Oct. 21, 1994. Accessions: Switzerland, Nov. 29, 1994; Tajikistan, Jan. 11, 1995; Turkmenistan, Sept. 29, 1994. Refugees Protocol relating to the status of refugees. Done at New York Jan. 31, 1967. Entered into force Oct. 4, 1967; for the U.S. Nov. 1, 1968. TIAS 6577; 19 UST 6223. Accession: Samoa, Nov. 29, 1994. Seabed Disarmament Treaty on the prohibition of the emplacement of nuclear weapons and other weapons of mass destruction on the seabed and the ocean floor and in the subsoil thereof. Entered into force May 18, 1972. TIAS 7337; 23 UST 701. Accession: Philippines, Nov. 5, 1993. Slave Trade Convention to suppress the slave trade and slavery. Concluded at Geneva Sept. 25, 1926. Entered into force Mar. 9, 1927; for the U.S. Mar. 21, 1929. TS 778; 46 Stat. 2183. Protocol amending the slavery convention signed at Geneva on Sept. 25, 1926, and Annex. Done at New York Dec. 7, 1953. Entered into force Dec. 7, 1953 for the Protocol; July 7, 1955 for Annex to Protocol; for the U.S. Mar. 7, 1956. TIAS 3532; 7 UST 479. Supplementary convention on the abolition of slavery, the slave trade, and institutions and practices similar to slavery. Done at Geneva Sept. 7, 1956. Entered into force Apr. 30, 1957; for the U.S. Dec. 6, 1967. TIAS 6418; 18 UST 3201. Succession: Dominica, Aug. 17, 1994. Terrorism Convention on the prevention and punishment of crimes against internationally protected persons, including diplomatic agents. Adopted by the UN General Assembly Dec. 14, 1973. Entered into force Feb. 20, 1977. TIAS 8532; 28 UST 1975. Accessions: Liechtenstein, Nov. 28, 1994; Sudan, Oct. 10, 1994. International convention against the taking of hostages. Adopted by the UN General Assembly Dec. 17, 1979. Entered into force June 3, 1983; for the U.S. Jan. 6, 1985. Accessions: India, Sept. 7, 19944; Liechtenstein, Nov. 28, 1994. Convention on the safety of United Nations and associated personnel. Done at New York Dec. 9, 19942. Open for signature at United Nations Headquarters until Dec. 31, 1995. Signatures: Argentina, Dec. 15, 1994; Bangladesh, Dec. 21, 1994; Canada, Dec. 15, 1994; Denmark, Dec. 15, 1994; Finland, Dec. 15, 1994; France, Jan. 12, 1995; Haiti, Dec. 19, 1994; Italy, Dec. 16, 1994; New Zealand, Dec. 15, 1994; Norway, Dec. 15, 1994; Panama, Dec. 15, 1994; Portugal, Dec. 15, 1994; Samoa, Jan. 16, 1995; Spain, Dec. 19, 1994; Sweden, Dec. 15, 1994; Ukraine, Dec. 15, 1994; United States, Dec. 19, 1994. Torture Convention against torture and other cruel, inhuman, or degrading treatment or punishment. Adopted by the UN General Assembly Dec. 10, 1984. Entered into force June 26, 1987; for the U.S. Nov. 20, 1994. [Senate] Treaty Doc. 100-20. Ratification: United States, Oct. 21, 1994. Accessions: Georgia, Oct. 26, 1994; Korea, Jan. 9, 1995; Namibia, Nov. 28, 1994. Treaties Vienna convention on the law of treaties, with annex. Done at Vienna May 23, 1969. Entered into force Jan. 27, 1980 3. Accession: Malaysia, July 27, 1994. Vienna convention on the law of treaties between states and international organizations or between international organizations, with annex. Done at Vienna Mar. 21, 19862. Ratification: Denmark, July 26, 19944. Accession: Croatia, Apr. 11, 1994. War, Prevention of Convention for the pacific settlement of international disputes. Signed at The Hague Oct. 18, 1907. TS 536; 36 Stat. 2199. Accession: Canada, May 10, 1994. Weapons--Conventional Convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects, with annexed protocols. Adopted at Geneva Oct. 10, 1980. Entered into force Dec. 2, 1983 3. Protocol on non-detectable fragments (Protocol I) to the convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects. Adopted at Geneva Oct. 10, 19803. Entered into force Dec. 2, 1983 3. Protocol on prohibitions or restrictions on the use of mines, booby- traps, and other devices (Protocol II) to the convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects. Adopted at Geneva Oct. 10, 1980. Entered into force Dec. 2, 1983 3. Protocol on prohibitions or restrictions on the use of incendiary weapons (Protocol III) to the convention on prohibitions or restrictions on the use of certain conventional weapons which may be deemed to be excessively injurious or to have indiscriminate effects. Adopted at Geneva Oct. 10, 1980. Entered into force Dec. 2, 1983 3. Accession: Uruguay, Oct. 6, 1994. Ratification: Canada, June 24, 1994; Italy, Jan. 20, 1995. Wills Convention providing a uniform law on the form of an international will, with annex. Done at Washington Oct. 26, 1973. Entered into force Feb. 9, 1978 3. Territorial Application: Canada extended to Prince Edward Island, Sept. 22, 1994. Women Convention on the elimination of all forms of discrimination against women. Adopted by the UN General Assembly Dec. 18, 1979. Entered into force Sept. 3, 19813. [Senate] Ex. R, 96th Cong. 2d Sess. Accessions: Comoros, Oct. 31, 1994; Georgia, Oct. 26, 1994; Kuwait, Sept. 2, 1994; Papua New Guinea, Jan. 12, 1995. Ratification: Cameroon, Aug. 23, 1994. Bilateral Algeria Agreement regarding the consolidation and rescheduling or refinancing of certain debts owed to, guaranteed by, or insured by the United States Government and its agencies, with annexes. Signed at Algiers Dec. 15, 1994. Enters into force following signature and receipt by Algeria of written notice