[Senate Executive Report 110-27]
[From the U.S. Government Publishing Office]
110th Congress Exec. Rept.
SENATE
2d Session 110-27
======================================================================
PROTOCOLS TO THE NORTH ATLANTIC TREATY OF 1949 ON THE ACCESSION OF
ALBANIA AND CROATIA
_______
September 23, 2008.--Ordered to be printed
_______
Mr. Dodd, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany Treaty Doc. 110-20]
The Committee on Foreign Relations, to which were referred
the Protocols to the North Atlantic Treaty of 1949 on the
Accession of the Republic of Albania and the Republic of
Croatia, adopted at Brussels on July 9, 2008, and signed that
day on behalf of the United States of America, having
considered the same, reports favorably thereon subject to one
declaration and one condition for each Protocol, as indicated
in the resolutions of advice and consent for each treaty, and
recommends the Senate give its advice and consent to
ratification thereof, as set forth in this report and the
accompanying resolutions of advice and consent.
CONTENTS
Page
I. Purpose..........................................................1
II. Background.......................................................2
III. Qualifications of Albania and Croatia for NATO Membership........2
IV. Entry Into Force.................................................4
V. Committee Action.................................................4
VI. Committee Recommendation and Comments............................4
VII. Resolutions of Advice and Consent to Ratification................6
I. Purpose
These Protocols are a vehicle for inviting the Republic of
Albania and the Republic of Croatia to accede to the North
Atlantic Treaty (the ``Treaty'') in accordance with Article 10
of the Treaty and thus become a member of the North Atlantic
Treaty Organization (``NATO''), with all of the privileges and
responsibilities that apply to current Allies. The core
commitment made among the Allies is embodied in the text of the
Treaty, including the collective defense provision in Article
5.
II. Background
The North Atlantic Treaty entered into force on August 24,
1949, with twelve states having ratified the Treaty. The
original parties of the Treaty, and thus the original members
of NATO, were the United States, Canada, the United Kingdom,
France, Italy, the Netherlands, Belgium, Portugal, Denmark,
Norway, Iceland, and Luxembourg. The alliance has expanded five
times: in 1952, Greece and Turkey became members; in 1955, West
Germany; in 1982, Spain; in 1999, Poland, Hungary and the Czech
Republic; and in 2004, Bulgaria, Estonia, Latvia, Lithuania,
Romania, Slovakia, and Slovenia.
The process leading to the enlargement of the alliance has
been refined since the Cold War. NATO remains a military
alliance, but also became an agent of peace, holding new
members to higher democratic and economic standards and
creating a secure space for newly free nations to develop.
Military reform and achieving interoperability with NATO
remains essential, but the character of the new allied country
is also important. The debate over the last two enlargements
has centered on what standard of political or economic
development is adequate for accession to the alliance.
In the 1990s, Secretary of Defense William Perry
established benchmarks used to assess new members. These are
democratic elections, individual liberty, and the rule of law;
commitment to economic reform and a market economy; adherence
to the norms of the Organization for Security and Cooperation
in Europe (OSCE) in the treatment of ethnic minorities and
social justice; resolution of territorial disputes with
neighbors; and the establishment of democratic control of the
military. Albania and Croatia have attempted to address these
issues in the course of their NATO membership applications and
the committee has examined them using the so-called ``Perry
Principles.''
Engagement with NATO to assist a country's democratic and
economic development is not the end of reform. The experience
of previous NATO enlargements suggests that countries continue
the reform process after admission.
III. Qualifications of Albania and Croatia
for NATO Membership
The Republic of Albania
The Albanian population overwhelmingly supports NATO
membership and their government has made it a centerpiece of
its foreign policy. Albania's progress in meeting NATO
standards is remarkable given its isolated and underdeveloped
situation following the death of dictator Enver Hoxha in 1985.
Albania is a parliamentary democracy under a ten-year-old
constitution. Albania's greatest challenge in meeting
membership standards involved its political reform process. In
July 2005, the Democratic Party's victory in parliamentary
elections led to a peaceful transfer of power. The presidential
election in July 2007 built on the success of two years
earlier. The Albanian government has made strides fighting
organized crime and human trafficking. There have also been
efforts to reform the judiciary and fight corruption.
Corruption is a fairly serious problem; Transparency
International's annual index rated Albania the 105th most
transparent country out of 180 in 2007. Freedom House also
noted that ``Although corruption pervades all areas of life,
the government appears to be making some efforts to address the
problem.''
Albania suffered from massive outflows of labor migration,
but an improving economy has curtailed emigration. In 2007,
Albania's GDP grew by 6 percent and inflation remains low. The
telephone company has been privatized and an insurance company
and the energy sector are in the process of privatization.
Economic stability has led to development of Albania's nascent
oil extraction industry. Infrastructure is poor and requires
investment. The Albanians have increased trade significantly
and are beginning to attract foreign direct investment.
Protection of minority rights has increased, particularly
for the Greek minority, who have no restrictions on their
language and culture, but problems remain for the country's
Roma and Egyptian minorities. An Albanian civil society does
exist free of government control, but such freedom requires
time to fully develop.
Albania has forsaken any irredentist claims on neighboring
countries with ethnic Albanian regions. They have used their
ethnic ties to Kosovo to promote moderation there. The Albanian
military is accountable to the democratically elected
government. Albania used international assistance to
restructure its armed forces as a smaller and professional
force. Albania has joined ongoing NATO operations
enthusiastically. According to Assistant Secretary of State
Daniel Fried in his testimony before this committee on March
11, 2008, ``Albania is the single greatest per-capita
contributor to NATO and Coalition operations in Afghanistan and
Iraq and elsewhere.'' The country has hosted a logistics
support center to facilitate NATO peacekeeping in Kosovo.
Albania's capital now hosts a regional military command--NATO
HQ Tirana. The Albanian government has committed to spending 2
percent of its GDP on defense, consistent with NATO
recommendations. NATO and the member states have helped Albania
cope with its stockpiles of dangerous ordnance and landmines
which remain a serious problem.
The Republic of Croatia
Croatia is a stable parliamentary democracy possessing
strong institutions. There have been successive successful
democratic elections. Corruption remains an issue of concern as
Transparency International's annual index rated Croatia the
64th most transparent country out of 180 in 2007, low by
European standards, but much better than their eastern
neighbors.
Croatia's candidacy for membership in the European Union
testifies to the strength of its economic and social reforms.
The European Union is its closest trading partner and the
Croatian economy is closely linked to that of the EU.
Croatia has good relations with its neighbors. The Croatian
government has played a positive role in Kosovo and has
promoted stability in Bosnia. Croatia's election as a non-
permanent member of the UN Security Council has enhanced its
prestige.
The Croatian military is accountable to the democratically
elected government. Croatia has been an avid participant in
NATO since 2000 when it joined the Partnership for Peace.
Croatia is an active participant in NATO exercises and
operations; it is the lead nation in the NATO Trust Fund for
Bosnia and Herzegovina. Croatia has about 300 troops in
Afghanistan and trains Afghan military and police units.
Croatia has completed most of the restructuring required to
bring its forces up to NATO standards. It has developed a
``long-term development plan'' in consultation with NATO. The
Croatian government has committed to spending 2 percent of its
GDP on defense, consistent with NATO recommendations. Concerns
about public support for NATO membership have dissipated.
Croatia still has not addressed the problem of property
restitution. The country's current legal framework
discriminates against current non-Croatian citizens whose
property was seized during the Second World War and during the
communist era. Beyond this, judicial reform in general is an
area in need of further reform. Croatia also has to cope with
the legacy of war, including providing adequate housing for
returning refugees. Significant numbers of ethnic Serbs have
returned to Croatia and while problems remain, this is a major
achievement.
IV. Entry Into Force
Each Protocol will enter into force when all of the current
Parties to the North Atlantic Treaty have notified the
Government of the United States of America, which is the
depositary for the North Atlantic Treaty, of their acceptance
of each Protocol. Once each Protocol has entered into force,
the Secretary General of NATO shall extend an invitation to the
named state to accede to the North Atlantic Treaty and in
accordance with Article 10 of the Treaty, that state shall
become a Party to the Treaty on the date it deposits its
instrument of accession with the Government of the United
States of America.
V. Committee Action
The committee held a public hearing on NATO enlargement on
March 11, 2008, and testimony was received from Mr. Daniel
Fried, Assistant Secretary for European Affairs at the
Department of State; General John Craddock, U.S. European
Command and Supreme Allied Commander; Dr. Ronald D. Asmus,
Executive Director Transatlantic Center; Dr. Philip H. Gordon,
Senior Fellow for U.S. Foreign Policy; and Mr. Bruce Jackson,
President of the Project on Transitional Democracies. A
transcript of this hearing is forthcoming in S. Hrg. 110-506.
The committee held a public hearing specifically on these
protocols on September 10, 2008. Testimony was received from
Assistant Secretary Fried and Mr. Daniel P. Fata, Deputy
Assistant Secretary for European and NATO Policy at the
Department of Defense. A transcript of this hearing is
forthcoming in S. Hrg. 110-507.
On September 23, 2008, the committee considered these
treaties and ordered them favorably reported by voice vote,
with a quorum present and without objection.
VI. Committee Recommendation and Comments
The Committee on Foreign Relations believes that these two
countries have the potential to make significant contributions
as members of the alliance. They have already demonstrated this
potential through their valuable participation in recent years
in NATO combat and peacekeeping operations as part of their
Membership Action Plans. The admission of Albania and Croatia
to the alliance will have a stabilizing effect on Southeastern
Europe. Their membership will encourage the spread of peace and
democracy in the region and their willingness to contribute to
ongoing NATO operations will augment NATO's resources.
Both countries have demonstrated their willingness and
ability to contribute to regional security by participation in
peacekeeping operations. As NATO's obligations expand, it is
important to leave the door open to countries willing to
shoulder the responsibilities of membership.
Albania and Croatia are located in a region of Europe
scarred by recent conflicts. One of NATO's greatest
accomplishments has been building security and democracy in the
Balkans; Albania's and Croatia's membership will represent a
consolidation of that process.
It will take some time for both countries to consolidate
the political and economic gains they have made during the past
decade. Both countries still need to make greater efforts
against corruption and to increase official accountability.
Albania's political and economic development has not progressed
as far as Croatia's. The committee believes, however, that
Albania's commitment to NATO membership is strong and that its
addition to the alliance is warranted.
NATO stands ready to welcome the nations of South-Eastern
Europe into the Euro-Atlantic community. In the Bucharest
Summit Declaration, Bosnia and Herzegovina and Montenegro were
invited to begin an Intensified Dialogue on ``the full range of
political, military, financial, and security issues relating to
their aspirations to membership.'' Having Albania and Croatia
within the alliance will enhance that dialogue. Accordingly,
the committee urges the Senate to act promptly to give advice
and consent to ratification of these two Protocols of
Accession, as set forth in this report and the accompanying
resolution of advice and consent.
Resolutions
The committee has included in proposed resolutions for each
Protocol one declaration and one condition, which are discussed
below.
Declaration
The committee has included the same declaration in the
proposed resolution for each Protocol, which makes clear that
it is important for NATO to keep its door open to all European
democracies willing and able to assume the responsibilities and
obligations of membership. As noted above, it is important to
welcome new democracies into NATO, particularly as NATO expands
its commitments.
Condition
The committee has included the same condition in the
proposed resolution for each Protocol, which requires the
President to certify, prior to the deposit of the instrument of
ratification for each Protocol, that (1) the inclusion of
Albania and Croatia in NATO will not have the effect of
increasing the overall percentage share of the United States in
the common budget of NATO; and (2) the inclusion of Albania and
Croatia in NATO will not detract from the ability of the United
States to meet or to fund its military requirements outside the
North Atlantic area.
The administration has indicated in reports to Congress
that the addition of these two new allies would lower NATO's
common budget assessment for the United States, even taking
into account the costs of enlargement. Based on both countries'
Gross National Income (GNI), Albania will pay 0.0685 percent
and Croatia will pay 0.25550 percent of the common budget
annually. This will reduce the United States share of the
annual budget assessment by .08 percent. The estimated cost of
enlargement is $120 million for Albania and Croatia, or $60
million apiece. This money will be found within the budget by
reprogramming money from other projects within the NATO budget.
Much of the $120 million will be expended over a ten year
period for construction of infrastructure improvements at
facilities that will be used by NATO personnel. The remaining
money will be spent establishing secure communications between
the two new Members and the alliance.
The Government Accountability Office (GAO) reviewed the
President's report to Congress on Albania and Croatia of June
20, 2008 in a report dated September 22, 2008. The report found
that ``the June 2008 classified and unclassified reports
provide little information concerning Albania's and Croatia's
ability to meet the full range of financial burdens of NATO
membership and do not identify the methodology used to support
the conclusions that Albania and Croatia should be able to meet
their financial obligations.'' Given that their financial
contribution to NATO would be reasonably modest, it seems
unlikely to create a problem for either country. Nevertheless,
the committee agrees with the GAO's conclusion and expects the
Executive to obtain further information, as appropriate, before
certifying that the inclusion of Albania and Croatia in NATO
will not have the effect of increasing the overall percentage
share of the United States in the common budget of NATO.
The administration's Report to Congress on the Future
Enlargement of NATO, dated May 30, 2008, notes that the United
States is confident that the accession of Albania and Croatia
will have a positive impact on the Alliance. It does not
address whether the addition of these countries to NATO will
``detract from the ability of the United States to meet or to
fund its military requirements outside the North Atlantic
area.'' The committee expects the President to address this
question in his certification.
VII. Resolutions of Advice and Consent to Ratification
PROTOCOL TO THE NORTH ATLANTIC TREATY OF 1949 ON THE ACCESSION OF THE
REPUBLIC OF ALBANIA
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION AND A
CONDITION.
The Senate advises and consents to the ratification of the
Protocol to the North Atlantic Treaty of 1949 on the Accession
of the Republic of Albania, adopted at Brussels on July 9,
2008, and signed that day on behalf of the United States of
America (the ``Protocol'') (Treaty Doc. 110-20), subject to the
declaration of section 2 and the condition of section 3.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
(a) Article 10 of the North Atlantic Treaty provides
that Parties may, by unanimous agreement, invite any
other European State in a position to further the
principles of the North Atlantic Treaty and to
contribute to the security of the North Atlantic area
to accede to the North Atlantic Treaty, and thus become
a member of the North Atlantic Treaty Organization
(``NATO'').
(b) The Bucharest Summit Declaration, issued by the
Heads of States and Governments participating in the
meeting of the North Atlantic Council in Bucharest on
April 3, 2008, states that NATO welcomes Ukraine's and
Georgia's Euro-Atlantic aspirations for membership in
NATO. The Bucharest Summit Declaration additionally
states that it was ``agreed today that these countries
will become members of NATO.''
(c) The Senate declares that it is important that
NATO keep its door open to all European democracies
willing and able to assume the responsibilities and
obligations of membership.
SECTION 3. CONDITION
The advice and consent of the Senate under section 1 is
subject to the following condition:
Presidential Certification
Prior to the deposit of the instrument of ratification, the
President shall certify to the Senate as follows:
1. The inclusion of the Republic of Albania in NATO
will not have the effect of increasing the overall
percentage share of the United States in the common
budgets of NATO; and
2. The inclusion of the Republic of Albania in NATO
does not detract from the ability of the United States
to meet or to fund its military requirements outside
the North Atlantic area.
PROTOCOL TO THE NORTH ATLANTIC TREATY OF 1949 ON THE ACCESSION OF THE
REPUBLIC OF CROATIA
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION AND A
CONDITION.
The Senate advises and consents to the ratification of the
Protocol to the North Atlantic Treaty of 1949 on the Accession
of the Republic of Croatia, adopted at Brussels on July 9,
2008, and signed that day on behalf of the United States of
America (the ``Protocol'') (Treaty Doc. 110-20), subject to the
declaration of section 2 and the condition of section 3.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
(a) Article 10 of the North Atlantic Treaty provides
that Parties may, by unanimous agreement, invite any
other European State in a position to further the
principles of the North Atlantic Treaty and to
contribute to the security of the North Atlantic area
to accede to the North Atlantic Treaty, and thus become
a member of the North Atlantic Treaty Organization
(``NATO'').
(b) The Bucharest Summit Declaration, issued by the
Heads of States and Governments participating in the
meeting of the North Atlantic Council in Bucharest on
April 3, 2008, states that NATO welcomes Ukraine's and
Georgia's Euro-Atlantic aspirations for membership in
NATO. The Bucharest Summit Declaration additionally
states that it was ``agreed today that these countries
will become members of NATO.''
(c) The Senate declares that it is important that
NATO keep its door open to all European democracies
willing and able to assume the responsibilities and
obligations of membership.
SECTION 3. CONDITION
The advice and consent of the Senate under section 1 is
subject to the following condition:
Presidential Certification
Prior to the deposit of the instrument of ratification, the
President shall certify to the Senate as follows:
1. The inclusion of the Republic of Croatia in NATO
will not have the effect of increasing the overall
percentage share of the United States in the common
budgets of NATO; and
2. The inclusion of the Republic of Croatia in NATO
does not detract from the ability of the United States
to meet or to fund its military requirements outside
the North Atlantic area.