248. Memorandum From Secretary of State Shultz to President Reagan1
SUBJECT
- Presidential Determination on Ethiopia
Section 812 of the recently enacted International Security and Development Cooperation Act of 1985 (the Act)2 requires that you make a determination by September 7 on whether the Government of Ethiopia “is conducting a deliberate policy of starvation of its people and has not granted fundamental rights to its citizens.”3 The determination and its justification must be reported to Congress. If you determine that both elements of the condition are4 met, and if Congress approves the determination by joint resolution, goods and services of Ethiopian origin may not be imported into the United States, and goods and services of U.S. origin may not be exported to Ethiopia (with an exception for emergency relief,5 rehabilitation, and recovery assistance).
While it is clear that the Ethiopian Government has pursued policies which result in acute human suffering, hunger and even starvation, particularly earlier Ethiopian Government policies opposing introduction of food into rebel-held areas, we believe that the available evidence does not justify a determination that the Ethiopian Government is at this time conducting a deliberate policy of starvation of its people. Accordingly, one of the two elements has not been met for6 an adverse determination potentially setting in motion a Congressional process [Page 668] for cutting off Ethiopia’s imports and exports. With respect to the other element, we have detailed in the justification the fact that the Ethiopian human rights record is deplorable. However, because one of the two elements of this condition is not met, you would be justified in determining that the Ethiopian Government does not meet the condition specified in the section.
We recommend that you determine that the Ethiopian Government does not meet the condition specified in Section 812(c) (1).7 In doing so, we will avoid a formal finding that Ethiopia has not granted “fundamental human rights” to its citizens. This is consistent with our longstanding policy of avoiding where possible formal, adverse determinations of a country’s human rights performance, since making such a determination would establish a precedent which would adversely affect Administration policy with respect to other countries.
I recommend that you sign the attached determination (Tab 1)8 before September 8, and thereby also approve the accompanying justification (Tab 2)9 to the Congress.10
- Source: Department of State, Subject Files, Other Agency and Channel Messages and Substantive Material—United Nations Children’s Fund (UNICEF), United Nations Disaster Relief Organization (UNDRO), United Nations Institute for Training and Research (UNITAR), 1985–1988, Lot 92D308, UNDRO 32 AF/Drought/Ethiopia. Limited Official Use. There is no indication that Reagan saw the memorandum.↩
- Reference is to P.L. 99–83, signed on August 8.↩
- An unknown hand underlined the phrase “determination by September 7 on whether the Government of Ethiopia ‘is conducting a deliberate policy of starvation of its people and has not granted fundamental rights to its citizens.’”↩
- An unknown hand underlined the phrase: “If you determine that both elements of the condition are.”↩
- An unknown hand underlined the phrases “and if Congress approves the determination by joint resolution, goods and services of Ethiopian origin may not be imported into” and “and goods and services of U.S. origin may not be exported to Ethiopia (with an exception for emergency relief.”↩
- An unknown hand underlined the phrases “we believe that the available evidence does not justify a determination that the Ethiopian Government is at this time conducting a deliberate policy of starvation of its people” and “one of the two elements has not been met for.”↩
- An unknown hand underlined this sentence.↩
- Attached but not printed.↩
- Attached but not printed.↩
- On September 7, Reagan signed Presidential Determination 85–20 regarding Ethiopia, which mirrored Shultz’s suggestions.↩