Senator Leahy places hold on $100 million in aid to Mexico
The Washington Post reported today that Senator Patrick Leahy (D-VT) blocked the release of $100 million in U.S. aid to Mexico after rejecting the State Department's report to Congress which praised Mexico's progress on human rights. According to the article, the State Department will rewrite the report and attempt to submit it after Congress reconvenes in September. Section 7045(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (Division H of Public Law 111-8) requires that 15% of the aid allocated to Mexico by that section be held until the State Department reports to Congress on Mexico's progress in four areas: improving transparency and accountability; establishing regular consultations with civil institutions; ensuring that civilian and judicial authorities are prosecuting police and military officers credibly accused of violations; and prohibiting the use of testimony obtained through torture. While the State Department did write this report, it has not been submitted to Congress because Senator Leahy, the chairman of the Senate Appropriations foreign operations subcommittee, would not accept it. Instead, he commented that the "requirements have not been met, so it is premature to send the report to Congress." Senator Leahy continued his comments, stating that:
I continue to support the goals of the Merida Initiative, but the military strategy alone is not a solution in the long term nor is it yet clear what it can achieve in the short term. Mexico needs effective police forces and a justice system that works. And as long as the demand for drugs in the United States and the flow of guns to Mexico continue at these levels, it will be difficult to neutralize the cartels.
Part of the aid to Mexico specified in the 2009 Supplemental Appropriations Act is not affected by this decision, as a specific clause was written in order exempt "not less than" $260,000,000 in assistance to the Mexican Navy from this reporting requirement. According to the Conference Report on the 2009 Supplemental Appropriations Act, this language was included to "ensure the expeditious delivery" of expanded aviation support for the Mexican Navy. In other words, to make sure that it was not held up by any potential problems with the human rights conditions. Below is the language from the 2009 Foreign Operations Appropriations Act that allows for 15% of aid to be held if human rights are not improving in Mexico.
DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2009
TITLE VII
GENERAL PROVISIONS
WESTERN HEMISPHERE
(e) Assistance for Mexico- Of the funds appropriated under the headings `International Narcotics Control and Law Enforcement', `Foreign Military Financing Program', and `Economic Support Fund' in this Act, not more than $300,000,000 may be made available for assistance for Mexico, only to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activities, of which not less than $75,000,000 shall be used for judicial reform, institution building, anti-corruption, and rule of law activities: Provided, That none of the funds made available under this section shall be made available for budget support or as cash payments.
- (1) ALLOCATION OF FUNDS- Fifteen percent of the funds made available under this section in this Act, for assistance for Mexico, not including assistance for judicial reform, institution building, anti-corruption, and rule of law activities, may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the Government of Mexico is continuing to--
- (A) improve the transparency and accountability of Federal police forces and to work with State and municipal authorities to improve the transparency and accountability of State and municipal police forces through mechanisms including police complaints commissions with authority and independence to receive complaints and carry out effective investigations;
- (B) conduct regular consultations with Mexican human rights organizations and other relevant Mexican civil society organizations on recommendations for the implementation of the Merida Initiative in accordance with Mexican and international law;
- (C) ensure that civilian prosecutors and judicial authorities are investigating and prosecuting, in accordance with Mexican and international law, members of the Federal police and military forces who have been credibly alleged to have violated internationally recognized human rights, and the Federal police and military forces are fully cooperating with the investigations; and
- (D) enforce the prohibition, in accordance with Mexican and international law, on the use of testimony obtained through torture or other ill-treatment.