Report: U.S. Weapons Sales to Human Rights Abusing Governments PDF Print


Inside the State Department's FY2008 Budget Request:

An Analysis of U.S. Military Aid Appropriated to Human Rights Abusing Governments through the Foreign Military Financing Program (FMF)
 

 

Introduction and Overview

Foreign Military Financing (FMF)
The United States' government provides military aid and training to many countries every year.  One important fund administered by the State Department is the Foreign Military Financing (FMF) program.  FMF funds are congressionally appropriated grants requested by the Executive branch and given to foreign governments to finance the purchase of American-made weapons, services and trainings.  Recent purchases include everything from modern communications systems, naval radar and navigation systems, M-14 rifles and ammunition, as well as F-15 fighter jets. 

The FMF is one of multiple programs through which the U.S. government arms and trains foreign militaries.  These programs are administered primarily through both the State Department and the Defense Department.  Though some human rights conditions theoretically apply to State Department assistance, no such conditions restrict the aid from the Defense Department (DoD).  Also, unlike the FMF grant levels outlined below, the details of the DoD assistance programs are well hidden from public view and Congressional oversight.  For more details on State Department administered military aid and training visit: http://www.state.gov/t/pm/c17251.htm

Human rights eligibility requirements for FMF program
To receive FMF funding, countries must meet the eligibility requirements as outlined in the Foreign Assistance Act (FAA) and the Arms Export Control Act (AECA).  Some basic requirements include that the transfer "will strengthen security of the U.S. and promote world peace" and that the country "must not transfer the assistance to a third country or...use the assistance for purposes other than those for which it was provided." 

In regards to human rights, section 502B of the FAA, enacted in 1974 and strengthened in 1976, states that Congress can block FMF funding to a government if it believes the country has engaged "in a consistent pattern of gross violations of internationally recognized human rights." Such violations are defined as the "torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trial, causing the disappearance of persons by the abduction and clandestine detention of those persons, and other flagrant denial of the right to life, liberty or the security of person."

Partly due to section 502B of the FAA, the U.S. State Department publishes comprehensive, annual "Country Reports on Human Rights Practices" that detail the human rights records of every country around the globe.  According to the State Department, these reports analyze each government's record on, "...internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights," as well as any improvements from year to year.

Discrepancies between human rights reports and FMF awards
The State Department's human rights reports serve as a tool for Congress to use in judging whether or not countries meet the human rights standards established by the FAA.  The repeal or blocking of funds rarely occurs, and in reality, many countries with poor human rights records continue to receive FMF funds.  However, on certain occasions Congress has halted FMF funds in response to egregious abuses.  For example, Congress cut off FMF funding to Indonesia in 1992 because of the 1991 Santa Cruz Massacre in which the Indonesian military fired on peaceful demonstrators in East Timor.   Since then, FMF funding to Indonesia has been restored.

The following analysis compares the details of the 2005 and 2006 State Department reports and the FY2008 FMF funding requests for the countries with the worst human rights records.  The State Department has determined that some countries that receive FMF funding, such as the Philippines, Bulgaria, Jordan, Kenya, Ghana and others, "generally respect human rights" but that human rights abuses still remain to a varying degree.  This analysis does not cover these countries.  
 


Country by Country Analysis:
FMF Funds Compared to Human Rights Records

Sources:

 

 

Note on FMF numbers: "Actual" denotes the amount of money Congress actually appropriated for the FMF grant. "Request" is the amount the Executive branch has asked for in its annual budget request. The FY07 numbers match those from FY06 because Congress maintained FMF funding at the same level through a continuing resolution as opposed to the normal appropriations process. The FY08 actual numbers will be decided in the coming months through the appropriations process.

Africa

Democratic Republic of Congo:

2005 Human Rights Report: "In all areas of the country, the human rights record remained poor, and numerous serious abuses were committed; however, there were some improvements during the year."

2006 Human Rights Report: "In all areas of the country, the human rights record remained poor, and numerous serious abuses were committed."

Reported abuses include: unlawful killings; disappearances, torture, rape, arbitrary arrests; detention by security forces; harsh and life-threatening conditions in prison and detention facilities; prolonged pretrial detention; lack of an independent and effective judiciary; arbitrary interference with privacy; recruitment and retention of child soldiers; forced labor by adults and children.

FY06 FMF Actual: $0
FY07 FMF Actual: $0
FY08 FMF Request: $600,000

Djibouti:

2005 Human Rights Report: "The government's human rights record remained poor, and it continued to commit serious abuses; however, the government made improvements in some areas."

2006 Human Rights Report: "The government's human rights record remained poor, and it continued to commit serious abuses."

Reported abuses include: abridgement of citizens' rights to change their government; abuse of prisoners and detainees; harsh prison conditions; official impunity; arbitrary arrest and detention; prolonged pretrial detention; interference with privacy rights and restrictions on freedoms of press, assembly, and association; the use of force to disperse demonstrators and strikers; violence and discrimination against women; female genital mutilation (FGM); discrimination on the basis of ethnicity, nationality, and clan background; restrictions on unions and harassment of union leaders.

FY06 FMF Actual: $3.96 million
FY07 FMF Actual: $3.96 million
FY08 FMF Request: $3.2 million

Ethiopia:

2005 Human Rights Report: "Although there were some improvements, the government's human rights record remained poor and worsened in some areas."

2006 Human Rights Report: "Human rights abuses reported during the year included: limitation on citizens' right to change their government during the most recent elections; unlawful killings, and beating, abuse, and mistreatment of detainees and opposition supporters by security forces; poor prison conditions; arbitrary arrest and detention, particularly those suspected of sympathizing with or being members of the opposition; detention of thousands without charge and lengthy pretrial detention; infringement on citizens' privacy rights and frequent refusal to follow the law regarding search warrants; restrictions on freedom of the press; arrest, detention, and harassment of journalists for publishing articles critical of the government; restrictions on freedom of assembly; limitations on freedom of association; violence and societal discrimination against women and abuse of children; female genital mutilation (FGM); exploitation of children for economic and sexual purposes; trafficking in persons; societal discrimination against persons with disabilities and religious and ethnic minorities; and government interference in union activities."

FY06 FMF Actual: $1.98 million
FY07 FMF Actual: $1.98 million
FY08 FMF Request: $850,000

Nigeria:

2005 Human Rights Report: "The government's human rights record remained poor, and government officials at all levels continued to commit serious abuses."

2006 Human Rights Report: "The government's human rights record remained poor, and government officials at all levels continued to commit serious abuses."

Reported abuses include: the abridgement of citizens' right to change their government; politically motivated and extrajudicial killings by security forces; the use of excessive force including torture, by security forces; vigilante killings; impunity; beatings of prisoners, detainees, and suspected criminals; harsh and life threatening prison conditions; arbitrary arrest and prolonged pretrial detention; executive influence on the judiciary and judicial corruption; infringement on privacy rights; restrictions on freedom of speech, press, assembly, religion, and movement; domestic violence and discrimination against women; female genital mutilation (FGM); child abuse and child sexual exploitation; societal violence, ethnic, regional, and religious discrimination; trafficking in persons for the purposes of prostitution and forced labor.

FY06 FMF Actual: $990,000
FY07 FMF Actual: $990,000
FY08 FMF Request: $1.35 million

Sudan:

2005 Human Rights Report: "The government's human rights record remained poor, and there were numerous serious problems, including evidence of continuing genocide in Darfur, for which the government and janjaweed continued to bear responsibility."

2006 Human Rights Report: "The government's human rights record remained poor, and there were numerous serious problems, including evidence of continuing genocide in Darfur, for which the government and janjaweed continued to bear responsibility."

Reported abuses include: abridgement of citizens' rights to change their government; extrajudicial and other unlawful killings by government forces and other government-aligned groups throughout the country; torture, beatings, rape and other cruel, inhumane treatment or punishment by security forces; harsh prison conditions, arbitrary arrest and detention, including incommunicado detention of suspected government opponents; prolonged pretrial detention; executive interference with the judiciary and denial of due process; forced military conscription of underage men; obstruction of the delivery of humanitarian assistance; infringement on citizens' right to privacy, freedoms of speech, press, assembly, association, religion, and movement; the harassment of internally displaced persons (IDPs) and of local and international human rights and humanitarian organizations; violence and discrimination against women including the practice of female genital mutilation (FGM); child abuse, including sexual violence and recruitment as child soldiers, particularly in Darfur; trafficking in persons; discrimination and violence against ethnic minorities; denial of workers' rights, and forced labor, including child labor, by security forces and both aligned and non-aligned militias in Southern Sudan and Darfur.

FY06 FMF Actual: $0
FY07 FMF Actual: $0
FY08 FMF Request: $100,000

East Asia and the Pacific Rim

Cambodia:

2005 Human Rights Report: "...the government's human rights record worsened, as the country's fragile democracy suffered several setbacks, particularly in the areas of political participation and freedom of speech."

2006 Human Rights Report: "The government's human rights record remained poor."

Reported abuses include: extrajudicial killings; failure by government authorities to adhere to the rule of law; detainee abuse to extract confessions; harsh prison conditions; arbitrary arrests and prolonged pretrial detention; denial of the right to a fair trial; forced evictions; restricted freedom of speech and press through the use of defamation and disinformation suits; endemic corruption in the executive, legislative, and judicial branches of government; trafficking in women and children; antiunion activity by employers and weak enforcement of labor laws; child labor.

FY06 FMF Actual: $990,000
FY07 FMF Actual: $990,000
FY08 FMF Request: $200,000

Indonesia:

2005 Human Rights Report: "There were improvements in the human rights situation during the year and, although significant problems remained particularly in areas of separatist conflict, the end of the country's long‑running internal conflict in Aceh Province was a major step forward."

2006 Human Rights Report: "The government generally has been unable to adequately address serious human rights abuses committed in the past. Inadequate resources, weak leadership, and limited accountability contributed to continued abuses by security force personnel, although with sharply reduced frequency and gravity than under past governments."

Reported abuses include: unlawful killings by security force personnel, terrorists, vigilante groups, and mobs; torture; harsh prison conditions; arbitrary detentions; a corrupt judicial system; warrantless searches; infringements on free speech; restrictions on peaceful assembly; interference with freedom of religion by private parties, sometimes with complicity of local officials; intercommunal religious violence; violence and sexual abuse against women and children; trafficking in persons; failure to enforce labor standards and violations of worker rights, including forced child labor.

FY06 FMF Actual: $990,000
FY07 FMF Actual: $990,000
FY08 FMF Request: $15.7 million

Tonga:

2005 Human Rights Report: "Although the government made some strides in protecting human rights during the year, its human rights record remained deficient."

2006 Human Rights Report: "The country's human rights record remained deficient. Citizens lacked the ability to change their government."

Reported abuses: Police and defense force abuses of some persons arrested under a state of emergency decree following a major riot in the capital of Nuku'alofa on November 16, which occurred after initially peaceful political demonstrations turned violent. There was also severe, temporary detention center overcrowding as a result of the post-riot arrests. A member of Parliament (MP) was charged with sedition when exercising his right to free speech. Government corruption was a problem, and discrimination against women continued.

FY06 FMF Actual: $248,000
FY07 FMF Actual: $248,000
FY08 FMF Request: $200,000

Europe and Eurasia

Armenia:

2005 Human Rights Record: "Although there were some improvements in some areas, the government's human rights record remained poor and serious problems remained."

2006 Human Rights Record: "The government's human rights record remained poor, and serious problems remained."

Reported abuses include: citizens unable freely to change their government; authorities beat pretrial detainees; the national security service and the national police force acting with impunity; arbitrary arrests and detentions; cramped, unhealthy prison conditions, although slowly improving; restrictions on citizens' privacy, freedom of the press, and freedom of assembly; restricted religious freedom; trafficking in persons; discrimination against persons with disabilities; societal harassment of homosexuals.

FY06 FMF Actual: $3.96 million
FY07 FMF Actual: $3.96 million
FY08 FMF Request: $3 million

Azerbaijan:

2005 Human Rights Record: "The government's human rights record remained poor, and it continued to commit numerous abuses."

2006 Human Rights Record: "The government's human rights record remained poor, and it continued to commit numerous abuses."

Reported abuses include: torture and beating of persons in police custody; police officials acting with impunity; generally harsh and life threatening prison conditions--despite improvements in infrastructure; arbitrary arrest and detention, particularly of individuals considered by the government to be political opponents; lengthy pretrial detention; imprisonment of persons for politically motivated reasons; pervasive corruption in the judiciary and in law enforcement; restrictions on media freedom, freedom of assembly, and political participation.

FY06 FMF Actual: $3.96 million
FY06 FMF Actual: $3.96 million
FY08 FMF Request: $4.3 million

Bosnia and Herzegovina:

2005 Human Rights Record: "The government's human rights record remained poor; although there were improvements in some areas, serious problems remained."

2006 Human Rights Record: "The government's human rights record remained poor, although there were improvements in some areas."

Reported abuses included: death from landmines; physical abuse by police; overcrowding and poor prison conditions; improper influence on the judiciary; harassment and intimidation of journalists; restrictions on religious minorities and attacks on religious structures; obstructionism toward minority returnees; government corruption; societal discrimination against women, ethnic minorities, sexual minorities, and persons with disabilities; ethnically-motivated violence; trafficking in persons; and limits on employment rights. Two of the war crimes suspects most wanted by the International Criminal Tribunal for the former Yugoslavia's (ICTY), Ratko Mladic and Radovan Karadzic, also remained at large.

FY06 FMF Actual: $8.91 million
FY07 FMF Actual: $8.91 million
FY08 FMF Request: $7.8 million

Georgia:

2005 Human Rights Record: "The government's human rights record improved in some areas in during the year, although serious problems remained."

2006 Human Rights Record: "The government's human rights record improved in some areas during the year, although serious problems remained."

Reported abuses include: excessive use of force by law enforcement officers; torture and mistreatment of detainees; increased abuse of prisoners; impunity; continued overuse of pretrial detention for less serious offenses; worsened conditions in prisons and pretrial detention facilities; lack of access for average citizens to defense attorneys; government pressure on the judiciary and the media and - despite a substantial reduction due to reforms led by the president - corruption.

FY06 FMF Actual: $11.88 million
FY07 FMF Actual: $11.88 million
FY08 FMF Request: $10 million

Romania:

2005 Human Rights Record: "The government made increasing attempts to address human rights issues during the year; however, human rights abuses continued to occur."

2006 Human Rights Record: "The government made increasing attempts to address human rights issues during the year; however, human rights abuses continued to occur."

Reported abuses include: continued reports of police and gendarme harassment of detainees and Roma; poor prison conditions; restrictions on freedom of religion; failure to return property to the Greek Catholic Church and other religious denominations; widespread corruption; violence and discrimination against women; significant lapses in the protection of children's rights; trafficking in women and children for sexual exploitation, labor and forced begging; neglect of and inadequate assistance for persons with disabilities; discrimination against persons, particularly children, living with HIV/AIDS.

FY06 Actual: $12.87 million
FY07 Actual: $12.87 million
FY08 Request: $18.4 million


Near East and North Africa


Egypt:

2005 Human Rights Report: "The government's respect for human rights remained poor, and serious abuses continued in many areas."

2006 Human Rights Report: "The government's respect for human rights remained poor, and serious abuses continued in many areas."

Reported abuses include: limitations on the right of citizens to change their government; a state of emergency, in place almost continuously since 1967; torture and abuse of prisoners and detainees; poor conditions in prisons and detention centers; impunity; arbitrary arrest and detention, including prolonged pretrial detention; executive branch limits on an independent judiciary; denial of fair public trial and lack of due process; political prisoners and detainees; restrictions on civil liberties--freedoms of speech and press, including internet freedom; assembly and association; some restrictions on religious freedom; corruption and lack of transparency; some restrictions on NGOs; and discrimination and violence against women, including female genital mutilation (FGM).

FY06 FMF Actual: $1.287 billion
FY07 FMF Actual: $1.287 billion
FY08 FMF Request: $1.3 billion

Morocco:


2005 Human Rights Report: "...the human rights record remained poor in many areas."

2006 Human Rights Report: "Citizens did not have the right to change fully their form of government. Reports of torture by various branches of the security forces persisted. Prison conditions remained below international standards. Reports of arbitrary arrests, incommunicado detentions, and police and security force impunity continued. Judicial independence from the executive branch of the government remained a problem. The government restricted freedoms of speech, press, and religion. Trafficking in persons continued, and child labor, particularly in the unregulated informal sector, remained a problem. Security forces disbanded, sometimes with excessive force, monthly demonstrations by unemployed university graduates in front of the parliament."

FY06 FMF Actual: $12.375 million
FY07 FMF Actual: $12.375 million
FY08 FMF Request: $3.655 million

Tunisia:


2005 Human Rights Report: "The government's human rights record remained poor, and the government persisted in committing serious abuses. However, the government continued to demonstrate respect for the religious freedom of minorities, as well as the human rights of women and children."

2006 Human Rights Report: "The government continued to commit serious human rights abuses."

Reported abuses include: significant limitations on citizens' right to change their government; torture and physical abuse of prisoners and detainees; arbitrary arrest and detention; lengthy pretrial and incommunicado detention; severe restrictions on freedom of speech and of the press, and restricted freedom of assembly and association; corruption.  The government remained intolerant of public criticism and used intimidation, criminal investigations, the court system, arbitrary arrests, residential restrictions, and travel controls (including denial of passports), to discourage criticism by human rights and opposition activists.


FY06 FMF Actual: $8.413 million
FY07 FMF Actual: $8.413 million
FY08 FMF Request: $2.064 million

South and Central Asia


Bangladesh:


2005 Human Rights Report: "The government's human rights record remained poor, and the government continued to commit numerous serious abuses."

2006 Human Rights Report: "The government's human rights record remained poor, and the government continued to commit numerous serious abuses."

Reported abuses include: extrajudicial killings; arbitrary arrest and detention; politically motivated violence; Security forces acting with impunity and committing acts of physical and psychological torture; violence against journalists; infringement on religious freedoms; government corruption; violence against women and children; trafficking in persons.

FY06 FMF Actual: $990,000
FY07 FMF Actual: $990,000
FY08 FMF Request: $875,000

Kazakhstan:

2005 Human Rights Record: "The government's human rights record remained poor."

2006 Human Rights Record: "The following human rights problems were reported: severe limits on citizens' rights to change their government; an incident of unlawful deprivation of life; military hazing that led to deaths; detainee and prisoner abuse; unhealthy prison conditions; arbitrary arrest and detention, particularly of government opponents; lack of an independent judiciary; increased restrictions on freedom of speech, the press, assembly, and association; pervasive corruption, especially in law enforcement and the judicial system; restrictions on the activities of nongovernmental organizations (NGOs); discrimination and violence against women; trafficking in persons; and societal discrimination."

FY06 FMF Actual: $3.465 million
FY07 FMF Actual: $3.465 million
FY08 FMF Request: $2 million

Pakistan:

2005 Human Rights Report: "The government's human rights record was poor, and serious problems remained."

2006 Human Rights Report: "The government's human rights record remained poor."

Reported abuses include: restrictions on citizens' right to change their government; extrajudicial killings, torture, and rape; an increase in disappearances of provincial activists and political opponents, especially in provinces experiencing internal turmoil and insurgencies; poor prison conditions; arbitrary arrest; lengthy pretrial detention; lack of judicial independence; Harassment, intimidation, and arrests of journalists; limited freedoms of association, religion, and movement; corruption within the government and police forces; domestic violence and abuse against women, such as honor crimes and discriminatory legislation that affected women and religious minorities; widespread trafficking in persons and exploitation of indentured, bonded, and child; commercial sexual exploitation of children; discrimination against persons with disabilities.

FY06 FMF Actual: $297 million
FY07 FMF Actual: $297 million
FY08 FMF Request: $300 million

Tajikistan:

2005 Human Rights Record: "The government's human rights record remained poor and corruption continued to hamper democratic and social reform."

2006 Human Rights Record: "The government's human rights record remained poor and corruption continued to hamper democratic and social reform."

Reported abuses include: restrictions on the right of citizens to change their government; torture and abuse of detainees and other persons by security forces; threats, extortion, and abuse by security forces; impunity of security forces; lengthy pretrial detention; lack of access to prisoners by family members and lawyers; confessions obtained by torture accepted as evidence in trials; harsh and life-threatening prison conditions; restricted international monitor access to prisons; extralegal extradition of prisoners from third countries with apparent government complicity; restricted freedom of speech and the press; restricted freedom of association; restrictions on freedom of religion, primarily for women; registration denial of opposition political parties; imprisonment of political opposition, including journalists; harassment of international nongovernmental organizations (NGOs); difficulties with registration and visas; violence and discrimination against women; trafficking in persons; child labor and forced labor.

FY06 FMF Actual: $495,000
FY07 FMF Actual: $495, 000
FY08 FMF Request: $675,000

Western Hemisphere

Colombia:

2005 Human Rights Report: "Although serious problems remained, the government's respect for human rights continued to improve. All actors in the internal armed conflict committed human rights violations; the majority of violations were committed by illegal armed groups."

2006 Human Rights Report: "Although serious problems remained, the government's respect for human rights continued to improve, which was particularly evident in actions undertaken by the government's security forces and in demobilization negotiations with the United Self Defense Forces of Colombia (AUC)."

Reported abuses include: unlawful and extrajudicial killings; forced disappearances; insubordinate military collaboration with criminal groups; torture and mistreatment of detainees; overcrowded and insecure prisons; arbitrary arrest; high number of pretrial detainees some of whom were held with convicted prisoners; impunity; an inefficient judiciary subject to intimidation; harassment and intimidation of journalists; unhygienic conditions at settlements for displaced persons, with limited access to health care, education, or employment; corruption; harassment of human rights groups; violence against women, including rape; child abuse and child prostitution; trafficking in women and children for the purpose of sexual exploitation; societal discrimination against women, indigenous persons, and minorities; and illegal child labor.

FY06 FMF Actual: $89.1 million
FY07 FMF Actual: $89.1 million
FY08 FMF Request: $78 million