SPEAKERS       CONTENTS       INSERTS    
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2005
AUTHORIZING APPROPRIATIONS FOR FY 2006 AND 2007 FOR THE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2000; AND REMEMBERING THE VICTIMS OF THE 1994 RWANDA GENOCIDE, PLEDGING TO ENSURE SUCH AN ATROCITY DOES NOT REOCCUR

MARKUP

BEFORE THE

SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS

OF THE

COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES

ONE HUNDRED NINTH CONGRESS

FIRST SESSION

ON
H.R. 972 and H. Con. Res. 88

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MARCH 10, 2005

Serial No. 109–5

Printed for the use of the Committee on International Relations

Available via the World Wide Web: http://www.house.gov/internationalrelations

COMMITTEE ON INTERNATIONAL RELATIONS

HENRY J. HYDE, Illinois, Chairman

JAMES A. LEACH, Iowa
CHRISTOPHER H. SMITH, New Jersey,
  Vice Chairman
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
DANA ROHRABACHER, California
EDWARD R. ROYCE, California
PETER T. KING, New York
STEVE CHABOT, Ohio
THOMAS G. TANCREDO, Colorado
RON PAUL, Texas
DARRELL ISSA, California
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JEFF FLAKE, Arizona
JO ANN DAVIS, Virginia
MARK GREEN, Wisconsin
JERRY WELLER, Illinois
MIKE PENCE, Indiana
THADDEUS G. McCOTTER, Michigan
KATHERINE HARRIS, Florida
JOE WILSON, South Carolina
JOHN BOOZMAN, Arkansas
J. GRESHAM BARRETT, South Carolina
CONNIE MACK, Florida
JEFF FORTENBERRY, Nebraska
MICHAEL McCAUL, Texas
TED POE, Texas

TOM LANTOS, California
HOWARD L. BERMAN, California
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
BRAD SHERMAN, California
ROBERT WEXLER, Florida
ELIOT L. ENGEL, New York
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WILLIAM D. DELAHUNT, Massachusetts
GREGORY W. MEEKS, New York
BARBARA LEE, California
JOSEPH CROWLEY, New York
EARL BLUMENAUER, Oregon
SHELLEY BERKLEY, Nevada
GRACE F. NAPOLITANO, California
ADAM B. SCHIFF, California
DIANE E. WATSON, California
ADAM SMITH, Washington
BETTY McCOLLUM, Minnesota
BEN CHANDLER, Kentucky
DENNIS A. CARDOZA, California

THOMAS E. MOONEY, SR., Staff Director/General Counsel
ROBERT R. KING, Democratic Staff Director

Subcommittee on Africa, Global Human Rights and International Operations
CHRISTOPHER H. SMITH, New Jersey, Chairman
THOMAS G. TANCREDO, Colorado
JEFF FLAKE, Arizona
MARK GREEN, Wisconsin
JOHN BOOZMAN, Arkansas
JEFF FORTENBERRY, Nebraska
EDWARD R. ROYCE, California,
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  Vice Chairman

DONALD M. PAYNE, New Jersey
BARBARA LEE, California
BETTY McCOLLUM, Minnesota
BRAD SHERMAN, California
GREGORY W. MEEKS, New York
DIANE E. WATSON, California

MARY M. NOONAN, Subcommittee Staff Director
NOELLE LUSANE, Democratic Professional Staff Member
BEVERLY HALLOCK, Acting Staff Associate

C O N T E N T S

MARKUP OF

    H.R. 972, To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes

En block amendments to H.R. 972 offered by the Honorable Christopher H. Smith, a Representative in Congress from the State of New Jersey and Chairman, Subcommittee on Africa, Global Human Rights and International Operations

    H. Con. Res. 88, Remembering the victims of the genocide that occurred in 1994 in Rwanda and pledging to work to ensure that such an atrocity doesn't take place again
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Amendment to H. Con. Res. 88 offered by the Honorable Thomas G. Tancredo, a Representative in Congress from the State of Colorado

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE RECORD

    The Honorable Christopher H. Smith: Prepared statement on H.R. 972

Prepared statement on H. Con Res. 88

    The Honorable Donald M. Payne, a Representative in Congress from the State of New Jersey: Prepared statement on H.R. 972

Prepared statement

AUTHORIZING APPROPRIATIONS FOR FY 2006 AND 2007 FOR THE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2000; AND REMEMBERING THE VICTIMS OF THE 1994 RWANDA GENOCIDE, PLEDGING TO ENSURE SUCH AN ATROCITY DOES NOT REOCCUR

THURSDAY, MARCH 10, 2005

House of Representatives,
Subcommittee on Africa, Global Human Rights and International Operations,
Committee on International Relations,
Washington, DC.
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    The Subcommittee met, pursuant to call, at 1:07 p.m. in room 2255, Rayburn House Office Building, Hon. Christopher H. Smith [Chairman of the Subcommittee] presiding.

    Mr. SMITH. Pursuant to notice, I call up the bill, H.R. 972, To authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Reauthorization Act of 2000, for purposes of markup and move its favorable recommendation to the Full Committee.

    [H.R. 972 follows:]

      
      
  
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    Mr. SMITH. Without objection, the bill will be considered as read and open for amendment at any point. I would just like to recognize myself for a very brief opening statement on the bill. We are considering the Trafficking Victims Protection Act of 2005. It is the third in a series of pieces of legislation that are designed to mitigate, and, hopefully, end the global scourge of slavery throughout the world. Parts of this bill, not germane to this Committee, will be taken up by other committees of the Congress that deal with the issue of domestic trafficking as well.
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    Yesterday, the Subcommittee heard compelling testimony about the continuing problem of human trafficking worldwide, which victimizes millions of women, children and men, who are trafficked internationally or internally within states each year and exploited through forced labor or sexual exploitation.

    As Chairman of the Subcommittee on International Operations and Human Rights several years ago, a predecessor to this Subcommittee, I sponsored the Trafficking Victims Protection Act of 2000. It was a bipartisan bill. We had numerous Members from both sides of the isle supporting it, on both the House and the Senate side. I also sponsored the Reauthorization Act in 2003 that expanded upon our efforts to combat human trafficking.

    As a result of those laws, our Government has been a leader in addressing this human rights violation and encouraging other governments to do the same. Today, governments around the world are enacting laws. Yesterday, we heard that the current numbers, about 40 new laws, had been enacted in the last couple of years to try to combat trafficking and also to protect the women from the horrific impact and consequences of being forced into sexual slavery.

    H.R. 972 would reauthorize appropriations for anti-trafficking programs both here and abroad that are needed to support our Government's ongoing efforts. The bill also offers solutions to a number of specific scenarios in which trafficking is a problem, but which our experience has shown could benefit from additional initiatives, and that is what is contained in the bill.

    Of relevance to this Subcommittee, H.R. 972 would: Reauthorize appropriations for anti-trafficking programs of the Department of State and U.S. Agency for International Development (USAID) for 2006 and 2007; direct the State Department and USAID, working with the Department of Defense, to incorporate trafficking prevention strategies into post-conflict and post-natural disaster relief programs.
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    It would direct USAID to establish a pilot program for residential rehabilitation facilities for trafficking victims in two locations abroad. It would require the State Department's annual Trafficking in Persons Report to include steps taken by the U.N., OSCE, NATO and other international organizations, to eliminate involvement of the organizations' personnel, contractors and peacekeepers in trafficking. It would require the Secretary of State to certify that safeguards are in place to prevent peacekeepers from engaging in trafficking, or committing acts of sexual exploitation, before the United States endorses, or provides logistical or other support for peacekeeping missions. A broadly written exception is also provided to this certification requirement, which ensures that the Administration's hands will not be unduly tied in the event that an emergency situation makes such a certification process unreasonable; where they would have to report to us by letter, so we would know why we didn't get those safeguard assurances.

    It also would end the criteria by which countries are evaluated for the annual Trafficking in Persons Report by adding consideration of foreign governments' efforts to implement demand-reduction measures for commercial sex acts, which is linked to sex trafficking, to prevent its nationals from participating in sex tourism; and to ensure that its peacekeepers and peacekeeping troops do not engage in trafficking persons, or exploit women and victims; and to prevent the use of forced labor, or child labor, in violation of international standards.

    I am very pleased that my good friend and colleague, Don Payne, was the original co-sponsor of this legislation, along with Tom Lantos, and many of the Committee Members, and I yield to Mr. Payne such time as he may consume on this bill.
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    [The prepared statement of Mr. Smith follows:]

PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY AND CHAIRMAN, SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS

H.R. 972

    The Subcommittee will now consider the Trafficking Victims Protection Reauthorization Act of 2005, H.R. 972, which I introduced along with this Subcommittee's Ranking Member, Rep. Donald Payne. I thank the other Subcommittee Members who have co-sponsored this bill since introduction.

    Yesterday, the Subcommittee heard compelling testimony about the continuing problem of human trafficking worldwide which victimizes millions of women, children and men who are trafficked internationally or internally within states each year and exploited through forced labor or sexual exploitation.

    As Chairman of the Subcommittee on International Operations and Human Rights, a predecessor to this Subcommittee, I sponsored the Trafficking Victims Protection Act of 2000 and a reauthorization of that Act in 2003, which created a framework for combating trafficking in persons. As a result of those laws, our government has been a leader in addressing this human rights violation and encouraging other governments to do the same. Today, governments around the world are enacting laws to combat trafficking, traffickers are increasingly likely to face prosecution and conviction, and governments, NGOs and faith communities have reached out to heal survivors of trafficking.
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    H.R. 972 would reauthorize appropriations for anti-trafficking programs here and abroad that are needed to support our government's ongoing efforts. The bill also offers solutions to a number of specific scenarios in which trafficking is a problem, but which our experience has shown could benefit from additional initiatives. Of relevance to this Subcommittee, H.R. 972 would

 Reauthorize appropriations for anti-trafficking programs of the Department of State and the U.S. Agency for International Development for fiscal years 2006 and 2007;

 Direct the State Department, USAID, working with DoD, to incorporate trafficking prevention strategies into post-conflict and post-natural disaster relief programs;

 Direct USAID to establish a pilot program for residential rehabilitation facilities for trafficking victims in two locations abroad;

 Require the State Department's annual Trafficking in Persons Report to include steps taken by the UN, OSCE, NATO and other international organizations, to eliminate involvement of the organization's personnel, contractors and peacekeepers in trafficking;

 Require the Secretary of State to certify that safeguards are in place to prevent peacekeepers from engaging in trafficking or committing acts of sexual exploitation before the United States endorses or provides logistical or other support for a peacekeeping mission, a broadly written exception is also provided to this certification requirement which ensures that the Administration's hands will not be unduly tied in the event that an emergency situation makes such a certification process unreasonable; and
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 Amend the criteria by which countries are evaluated for the annual Trafficking in Persons Report by adding consideration of foreign governments' efforts to implement demand reduction measures for commercial sex acts, which is linked to sex trafficking, to prevent its nationals from participating in sex tourism, to ensure that its peacekeeping troops do not engage in TIP or exploit TIP victims, and to prevent the use of forced labor or child labor in violation of international standards.

    I urge my colleagues to support this bill in order to continue and enhance the good work underway to combat trafficking in persons.

    Mr. PAYNE. Thank you very much, Mr. Chairman. Thank you for calling this markup of H.R. 972, the authorization of the Trafficking Victims Protection Act of 2000; and we have another one that we will talk about a little bit later.

    Let me just say that with your work on raising awareness of the scourge of human trafficking—a global problem—both here in the Congress and abroad as Chairman of the Helsinki Commission, and your work with OSCE, the Organization for Security and Cooperation in Europe, you have been a real champion and have really moved some of the Europeans to more seriously consider this whole question of trafficking, which seemed to have been an issue on which people conveniently looked the other way.

    Your commitment has engendered not only the first-ever law of Prevention of Trafficking and the protection of victims of trafficking, making the United States a leader on the issue, but it has also sparked international attention and action toward zero tolerance. Again, I commend you for calling yesterday's hearing of this Subcommittee on the issue. It is so important that we reauthorize H.R. 972 to ensure that the mechanisms we put in place have funding for the next 2 fiscal years to root out trafficking and modern form of slavery, and to protect some of the 600,000 to 800,000 men, women and children whose lives have been uprooted and forever changed by this harmful exploitation.
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    We have to get serious about the rights of women. We have to get serious about the rights of children. They are vulnerable and this legislation will go a long way toward highlighting the problems that they are confronted with. As I mentioned at yesterday's hearing, if we are serious about fighting trafficking conflicts, improving global health conditions, and developing economic programs to assist countries to deal with farm subsidies and dealing with other serious issues that face the developing worlds, in particular, we must find a way to fight poverty.

    Poverty is the root cause of so many complex global problems. In fighting poverty, it is critical that we focus on women and children especially. We need to force the women's organization's activities to protect children for our future. That is why this bill is so important and I strongly support it.

    Thank you, Mr. Chairman. I yield back.

    [The prepared statement of Mr. Payne follows:]

PREPARED STATEMENT OF THE HONORABLE DONALD M. PAYNE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY

H.R. 972—TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEARS 2006 AND 2007 FOR THE TRAFFICKING VICTIMS PROTECTION ACT OF 2000, AND FOR OTHER PURPOSES

    Mr. Chairman, I thank you for calling this markup of HR 972, the Reauthorization of the Trafficking Victims Protection Act of 2000 and H CON RES 88, remembering the victims of the genocide that occurred in 1994 in Rwanda and pledging to work to ensure that such an atrocity does not take place again.
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    Your work on raising awareness of the scourge of human trafficking—a global problem—both here in the Congress and abroad as chairman of the Helsinki Commission and your work with the OSCE (Organization for Security and Cooperation in Europe).

    Your commitment has engendered not only the first ever law on the prevention of trafficking and the protection of victims of trafficking—making the U.S. a leader on the issue—but it has sparked international attention and action towards zero tolerance. And again, I commend you for calling yesterday's hearing of this subcommittee on the issue.

    It is so important that we reauthorize HR 972 to ensure that the mechanisms we have put into place have funding for the next two fiscal years to root out trafficking and modern forms of slavery and to protect some of the 600–800 thousand men, women, and children whose lives have been uprooted and forever changed by this form of exploitation.

    As I mentioned yesterday, if we are serious about fighting trafficking, conflict, improving global health conditions, and dealing with other such serious issues that face the developing world in particular, we must find ways to fight poverty. Poverty is the root cause of so many complex global problems. In fighting poverty, it is critical we focus on women and children especially. We need to foster women's organizational activities and protect children who are our future.

    That is why this bill is so important and I strongly support it.
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    Mr. SMITH. I thank my friend for his good, strong statement and for his support of this legislation and in helping to draft it.

    Would any of the other Members like to be heard?

    Mr. Tancredo.

    Mr. TANCREDO. Thank you, Mr. Chairman, I would. I want to commend you, along with the others that have done so, for your work in this area, not just on this legislation, but for all your prior work in this area. Yesterday's hearing was discouraging and encouraging. We heard about the many problems still existing but we also heard about some of the successes. Forty-two countries, if I am not mistaken, have now put in place some sort of law that is designed to prevent the kind of abuses that we know have been rampant throughout the world. That, I think, to a large measure is directly related to your efforts.

    Seldom do we see such a direct relationship between the things we do in this Congress, bills we pass and individual effort, and some sort of positive response and positive development. But countries are learning to become aware of this particular issue; they are embarrassed by it, as well they should be. We should also be embarrassed to the extent that it still happens within the United States, that people come across our borders for the purpose of trafficking and we know that it happens. We, of course, take a much more aggressive attitude toward enforcement than most places but, nonetheless, it is gratifying to know that there are good things happening in the world as a result of the legislation we passed and, as a matter of fact, of your efforts.
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    I just wanted to acknowledge that sometimes the glass is half full.

    Mr. SMITH. I want to thank my friend for his kind comments and for his leadership on this as well.

    Would any other Member like to be heard?

    [No response.]

    Mr. SMITH. If not, I have two amendments at the desk, which, without objection, will be considered as read and considered en bloc. The clerk will designate the amendments.

    Ms. HALLOCK. The amendments are offered en bloc to H.R. 972 by Mr. Smith of New Jersey.

    [The en bloc amendments referred to follow:]

      
      
  
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    Mr. SMITH. Without objection, I ask that the amendments be considered as read. This amendment very simply strikes ''nonprofit'' from sections 102(d)(5) and 203(d). These sections would establish pilot programs for residential rehabilitation facilities for trafficking victims overseas and at home.

    Striking ''nonprofit'' would mean that any organization, nonprofit or for profit, with experience on the ground could implement the program. The USAID and State Department have raised a concern that the current language limits its implementation only to nonprofits, and Mr. Flake, a Member of this Committee, raised this issue as well. I think it is a good accommodation, so I would then move the amendment.

    Would anybody like to be heard on the amendment?

    [No response.]

    Mr. SMITH. If not, the question occurs on the amendments en bloc.

    All those in favor, say aye.

    [Chorus of ayes.]
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    Mr. SMITH. Opposed, no.

    [No response.]

    Mr. SMITH. The ayes have it and the amendments are agreed to.

    Are there any further amendments?

    [No response.]

    Mr. SMITH. If not, the question occurs in the motion to report the bill, H.R. 972, favorably as amended. All in favor, say aye.

    [Chorus of ayes.]

    Mr. SMITH. Opposed, no.

    [No response.]

    Mr. SMITH. The motion is approved and without objection, the resolution will be reported favorably to the Full Committee in the form of a single amendment in the nature of a substitute, incorporating the amendments adopted here today. Without objection, the staff is directed to make any technical and conforming amendments to it.

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    The next item of business on the Subcommittee's agenda is pursuant to notice. I call up the resolution, H. Con. Res. 88, Remembering the victims of the genocide that occurred in 1994 in Rwanda and pledging to work to ensure that such an atrocity does not take place again, for purposes of markup and move its recommendation to the Full Committee. Without objection, the resolution will be considered as read and open for amendment at any time.

    [H. Con. Res. 88 follows:]

      
      
  
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    Mr. SMITH. I would like to recognize, first and foremost, the Ranking Member and sponsor of this resolution for any opening statement that he would like to make.

    Mr. Payne.

    Mr. PAYNE. Thank you very much. Thank you, Mr. Chairman and let me express my appreciation for your bringing this resolution to the Floor. I appreciate the fact that we have in the past attempted and failed, but with your affirmative action, are now moving this resolution forward.

    Some people may wonder why we are considering a resolution on the Rwanda genocide almost 11 years after that dreadful event in which more than one million people were brutally murdered. We are doing this today because we have not learned from our past mistakes. As I have indicated, we have tried to move this resolution before but were unable. We said: ''Never again,'' after the Holocaust. And we repeated the same words in 1994. Unfortunately, once again, we are witnessing another genocide. This time in Darfur, Sudan. The resolution has two key objectives: First, to document what happened prior to, and during, the Rwanda genocide. Second, to mobilize support for the creation of a commission of inquiry that will examine the role of the Untied States, so that we can learn from our past mistakes.

    The genocide in Rwanda was carried out by evil people. They are responsible for what happened in Rwanda. But the international community also shares some responsibility, including the Untied States Government. The Clinton Administration refused to even utter the word ''genocide'' and failed to respond effectively, which played a negative role in the Untied Nations when this was being discussed.
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    Some people have asked me: ''Why do you want to investigate the role of a Democratic Administration, aren't you a Democrat?'' And I say that this is not about party affiliation, or about loyalty to a political party. This is about justice and humanity. And until we start to see justice roll down like water in a mighty stream, we are going to continue to see nations look the other way when the most vulnerable are being exploited, whether they are women being trafficked, children or nations being exploited. Then we share the guilt of inaction.

    Other countries, including France and Belgium, set up commissions of inquiry and issued reports of their findings. The United Nations did the same. As one of the key players, as the most powerful nation in the world on the international scene, we must do the same.

    Mr. Chairman, although this is a non-binding resolution, I do agree with you that it is pivotal, that we draft resolutions and legislation to establish the commission of inquiry. With your support and the many original co-sponsors, including my friend Mr. Tom Tancredo, who has been a leading supporter on the issue of genocide in Darfur, I am sure that we will succeed.

    I want to once again thank you for your determination to have this resolution placed on the agenda today.

    Mr. SMITH. Thank you very much, Mr. Payne.

    And I want to thank my good friend and colleague, Mr. Payne, for introducing this resolution. There is part of the liturgy in many houses of worship and churches, in which we ask for forgiveness not only for the wrongs we have done but also for the things that were left undone. Most of the time, these sins of omission are too numerous to mention. But this does not mitigate the fact that we have a responsibility for them, and our failure to do what we should is of great concern.
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    The sad fact of the matter is that the United States did stand by while 800,000 Rwandans were killed in a 3-month period in 1994, victims of an organized campaign of genocide that targeted ethnic Tutsis and political moderates. The United Nations Assistance Mission for Rwanda was dramatically scaled back and the genocide occurred, and two million Rwandans became refugees and another one million were internally displaced. The genocide was a horrific stain on humanity even as the international community had pledged after the Holocaust: Never again.

    And its effects are still being felt today, as the aftermath played a significant part in the destablization of the entire Great Lakes region over the past decade. I would just point out that during that time, I remember working closely with Mr. Payne. We held a number of hearings, including one that I just brought down to the Subcommittee, in which we pointed out that there were warning signs.

    General Valer was told, or had very good information, and sent a famous fax to the then Under Secretary for Peacekeeping, Kofi Annan, in which he described this ominous cloud that was forming in Rwanda, that it looked like there was massive killings and nothing was done. We held those hearings back then and Mr. Payne was very much a part of that, and I think trying to get the record to the point where we had everything on the table so that we do learn from those mistakes. What was it that Hitler said about the Armenian genocide: ''Who remembers the Armenians?'' Because if we do turn the page and don't have the accounting, mistakes will be lived again and again.

    So, I again want to thank my friend for his authorship of this legislation.
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    [The prepared statement of Mr. Smith follows:]

PREPARED STATEMENT OF THE HONORABLE CHRISTOPHER H. SMITH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY AND CHAIRMAN, SUBCOMMITTEE ON AFRICA, GLOBAL HUMAN RIGHTS AND INTERNATIONAL OPERATIONS

H. CON. RES. 88, RWANDA GENOCIDE RESOLUTION

    The Subcommittee will now consider House Concurrent Resolution 88, a resolution to remember the victims of the genocide that occurred in 1994 in Rwanda, and a pledge to work to ensure that such an atrocity does not take place again.

    I thank my good friend and colleague, and the Subcommittee's Ranking Member, Rep. Donald Payne, for introducing this resolution. There is a part of liturgy in many churches in which we ask God for forgiveness, not only for the wrongs we have done, but also for the things we have left undone. Most of the time, these sins of omission are too numerous to mention. But this does not mitigate the fact that we have a responsibility for them, and our failure to do them should cause us great concern.

    The sad fact is that the United States stood by while 800,000 Rwandans were killed in a three-month period in 1994, victims of an organized campaign of genocide that targeted ethnic Tutsis and political moderates. The United Nations Assistance Mission for Rwanda was dramatically scaled back as the genocide occurred, and two million Rwandans became refugees, and another one million were internally displaced. The genocide was a horrific stain on humanity, even as the international community had pledged after the Nazi holocaust, ''Never Again.'' And its effects are still being felt today, as the aftermath played a significant part in the destabilization of the entire Great Lakes region over the last decade.
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    Even as our government, the American people, and the watching world have for a second time pledged to ''Never Again'' permit genocide, we would do well to examine more closely why our failure to act occurred. Why did the United States, even as it speaks loudly and often about its commitment for the protection and promotion of human rights and its respect for human life, fail to act to stop the killing? The answer that we were reluctant to engage in a difficult situation after leaving Somalia is not sufficient. This was not simply a foreign policy failure—it was genocide.

    I believe a commission is needed to look into the facts of the matter more closely and ensure that we do not stand by and watch a genocide occur again. Like the 9/11 Commission, which was originally opposed by many of my colleagues but which all believed served to enhance our understanding of the facts of the terrorist attacks, a commission to investigate why the United States did not act in Rwanda will help us prevent such atrocities in the future.

    I pledge to work with my colleagues to address their concerns and move this important legislation forward.

    Mr. SMITH. Would anyone else on the Subcommittee like to be heard?

    Yes, Ms. Lee.

    Ms. LEE. Thank you very much, Mr. Chairman.

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    Let me just thank you and Mr. Payne for your bipartisan leadership on all of these issues which really affect humankind; affect the fact that oftentimes we don't really come to grips with what is going on in sub-Saharan Africa. I think Rwanda was a clear example of us just turning our head to the massive genocide that was taking place.

    This resolution and this commission is long overdue. I had the privilege to visit the Sudan recently with Congressman Royce and Congresswomen Watson and McCollum. Let me tell you what I saw in Chad and the Sudan, and in the refugee camps. First, it was mind boggling; second, it was a clear warning to me that another Rwanda was taking place. So we have got to not only compensate really for our lack of stopping this, the genocide that happened in Rwanda, but also be part of a quick solution to what is taking place in Darfur.

    I want to commend you again, Mr. Payne, for your leadership and you, Mr. Chairman, for making sure that on these very critical humanitarian issues; the issues that relate to life and death, to children, to those who oftentimes are just faceless, they are voiceless, they are ignored by the world, you both have assured that this House of Representatives is on the right side of history, finally.

    Thank you very much.

    Mr. SMITH. Ms. Lee, thank you very much for your kind comments.

    Mr. TANCREDO. Mr. Chairman, first of all, I was not in the Congress of the United States in 1992, of course. But I am here today and I can do only what I can do when any of us are charged with responsibility to address these issues as forthrightly as possible and, as you said, to ask for forgiveness, in a way, for a lack of response on the part of the world to what was happening in Rwanda in 1993.
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    This morning, I had the opportunity to view some slides and listen to an individual, a retired Marine, who had been part of the African Union Mission over in Darfur. And the horrific scenes that he brought back with him, pictorially and in his description of them, were unnerving and they were challenging to anyone in the room in terms of what we were going to do about it. You cannot observe this; you cannot hear about it; you cannot see it without trying your best to think about how you, individually, can participate in some sort of solution, even if it is a very, very small participation.

    So I am certainly pleased that my colleague has drawn this resolution. This is one way of saying that not only do we have to look into what happened then, but it is a way of reminding us all about what is happening today. Forcing us to come to grips with, and deal with, issues that are very difficult to actually get your mind around: The fact that there is the degree of inhumanity that is exhibited throughout the world in many places. And, of course, I am most familiar with what has been happening in this case, in Darfur.

    So I just want to thank my colleague for introducing the resolution, and I want to thank the Chairman for putting it here.

    Mr. SMITH. Would any other Member like to be heard on the resolution?

    [No response.]

    Mr. SMITH. If not, are there any amendments to the resolution, H. Con. Res. 88?
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    Mr. TANCREDO. Mr. Chairman, I have an amendment.

    Mr. SMITH. The clerk will report the amendment and designate it.

    Ms. HALLOCK. The amendment is offered to H. Con. Res. 88.

    [The amendment referred to follows:]

      
      
  
99824e.AAB

      
      
  
99824e.AAC

    Mr. SMITH. That objection to the amendment will be considered as read and the gentleman from Colorado is recognized to speak in favor.

    Mr. TANCREDO. Thank you, Mr. Chairman. I had originally developed this amendment as a stand-alone resolution, but became aware of the fact that my colleague was doing this with his. And he has been gracious enough to agree to allow us to amend at least a portion of it onto his resolution.
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    My resolution deals with the fact that the United States and, of course, the world stood by while this atrocity was happening, but one person didn't, one man. There are others perhaps, but we know Paul Rusesabagina was willing to stop and do what he could do. As we said earlier, we all look for what we can do, and wonder whether any of us would have had that courage, when you hear stories like Mr. Rusesabagina's and see the movie, Hotel Rwanda. Do we not, when we see things like this, always think to ourselves: What would I do under those circumstances? Would I have the courage to do what these people have done: To provide shelter, to hide and protect thousands of people from the savage brutality outside the hotel that he was running? He did save many, many lives, and he did so at the risk of his own life. For that, at least, I think we owe him some recognition, which is the purpose of my resolution.

    Mr. Payne?

    Mr. PAYNE. Let me thank the gentleman for a very timely resolution. I had the opportunity to meet Mr. Rusesabagina, the innkeeper, and Don Cheadle. He came to have lunch with us here on Capitol Hill before the showing of Hotel Rwanda, maybe 4 or 5 months ago. Chairman Royce, the Chairman of the Subcommittee at that time, and several of us met in the Rayburn Building and he talked about his interest in Darfur, primarily because of what he learned about Rwanda.

    Later that evening, at the Holocaust Museum, there was a showing of Hotel Rwanda. This was, I would say, 4, 5, or 6 months before all the acclaim came out and Mr. Rusesabagina was there with the person who played his part. We had a discussion about what went on at the time and so forth. It really brought back some sad memories. I traveled to Rwanda during this period. I was there about a week after the two million people went to Lake Gorma.
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    At that time, the dysentery and the cholera had embraced the lake and they had to cleanse the whole lake because people were drinking the water and getting ill. We saw millions and millions of people just on this hillside. I went back to Rwanda when they found a way to get out, when Mr. Kabila started an insurgence, and a group called the Bangalanga people, who live on the border—they are ethnic Tutsis who have lived in the Congo for centuries, and were going to be expelled by then President Mobutu—were told that they just have to leave the Congo even though they had been there, as I mentioned, for generations. That is what started the conflict that led Kabila to ouster Mobutu. Then the dictator of Darfur, for decades, had robbed the country and was very brutal to the people.

    I was there at the time that the Rwandans came back to Rwanda. I saw them walking back into the country. I have actually stayed at the DesMilles Coilines, the hotal in the movie, Hotel Rwanda, maybe half a dozen times. Ted Dagne, who was in the audience from the Congressional Research Service, was on each of those trips with us. So when I saw Hotel Rwanda, it just brought back a lot of the memories of the hearings that then Chairman Lee Hamilton and the Africa Subcommittee Chairman at the time, Harry L. Johnston, held on Rwanda. We had representatives from the U.S. Government there who would never mention the word ''genocide.'' Bad things were going on but we didn't know what to call it, what it was.

    So I strongly support Mr. Tancredo's amendment and I would like once again to commend him for his deep interest.

    We had a struggle to get the Senate to go along with our genocide resolution, you remember, and also the legislation that we finally passed near the end of the session, which was also a bipartisan effort by working closely together with Congressman Wolf, Congressman Smith, the Chairman of the Black Hawks at the time, Mr. Cummings, Ambassador Watson, Ms. Lee, and the others.
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    So I certainly support and urge the adoption of the amendment and the legislation.

    [The prepared statement of Mr. Payne follows:]

PREPARED STATEMENT OF THE HONORABLE DONALD M. PAYNE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY

    Mr. Chairman, let me express my appreciation to you for setting up this mark up on the Rwanda resolution and the Trafficking in Person legislation, which I co-sponsored with you. Some of you may wonder why we are considering a resolution on the Rwandan genocide almost 11 years after that dreadful event in which more than one million people were brutally murdered.

    We are doing this today because we have not learned from our past mistakes. We said NEVER AGAIN after the holocaust and we repeated the same words in 1994. Unfortunately, once again, we are witnessing another genocide. This time in Darfur, Sudan.

    This resolution has two key objectives: First, to document what happened prior and during the Rwandan genocide. Second, to mobilize support for the creation of a Commission of Inquiry that will examine the role of the United States so that we can learn from our past mistakes.

    The genocide in Rwanda was carried out by evil people. They are responsible for what happened in Rwanda. But the international community also shares some responsibility, including the United States government. The Clinton Administration refused to even utter the word Genocide, failed to respond effectively, and played a negative role in the United Nations.
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    Some people have said to me why do you want to investigate the role of a Democratic Administration? Aren't you a Democrat? To this, I say this is not about party affiliation or loyalty to a political party. This is about justice and humanity.

    Other countries, including France and Belgium, did set up a Commission of Inquiry and issued reports of their findings. The United Nations did the same. We, as one of the key players in the international scene, must do the same.

    Mr. Chairman, although this is a non-binding resolution, I do agree with you that it is pivotal that we draft legislation to establish the Commission of Inquiry. With your support and the many original co-sponsors, including my friend Tom Tancredo, I am sure we will succeed

    Mr. SMITH. Ms. Watson.

    Ms. WATSON. I want to thank the Chairman and I want to thank the author of the resolution.

    I, too, traveled with Don Cheadle and Paul Rusesabagina. I was just amazed by Paul the whole time we were traveling because he had such an accommodating personality and seemed so well balanced. I couldn't understand, with what he has seen and what he has gone through, how he could maintain that composure. I asked him how he managed that balance, and he said: ''I live in Brussels now and I am away from it on a daily basis. But I have purchased a trucking company so that I can use my trucks to get supplies to the borderline where the refugees were.''
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    So he is still working within Rwanda and in the neighboring countries. I found it quite interesting, I am sure that Representative Lee would agree with me, that when we went up to Algeria and met with the President for 3 hours, he denied that there was ethnic cleansing or genocide going on in Rwanda. What he said is that it was a struggle between the herders and the farmers because they are nomadic.

    Well, I will never forget the face of one of the few men that was left right there at the border. They had closed the border, and he went to the part of it that was open. He was standing there circling his face and, of course, they wear the white robes and usually their heads are wrapped. He was saying: ''They are killing people who look like me.'' Then we saw the pictures that the children had drawn of planes coming over dropping bombs, and their villages burning, and machetes hacking away.

    We didn't take the President on, but we knew that the neighboring countries would say: ''You know, we don't want to get into that.'' But we did ask the President if he would go to the President of Rwanda and try to broker some kind of peace. So I was just thinking that maybe we want to send some kind of an award, not only the resolution, but maybe bring Paul here and give him some kind of an award. I just want to throw that out as a thought.

    Thank you very much, Mr. Chairman.

    Mr. SMITH. Mr. Wolf was trying to see if we could get even a showing of the film with the principals. It may take some time to try to get them all together, but I think that would be something that we could show to the general staffers and people. I think it would certainly be something that we should strive toward.
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    Ms. Watson.

    Ms. WATSON. Yes, I will be very brief, but I want to thank Mr. Tancredo for this amendment. As I said earlier, I had the privilege to be with Paul Rusesabagina in Chad and the Sudan, and just marveled at his courage and his willingness to put his life on the line. Oftentimes we hear: ''What can one person do, what can an individual do?'' Well, I think Paul is exemplary of what one person can do.

    Paul was here very recently and actually visited my district and several cities around the country. I think it would be a very good idea to invite him back because the response all over the country was overwhelming. In fact, I think he watched the film at the White House with President Bush. And I think that he is helping to wake up America to what this genocide is about.

    Mr. Chairman, I would just ask you if there is any way to add a perfecting amendment to this because his wife, I believe her name is Tatiana, was such an important part of this whole effort. She visited the United States with Paul, and if I could ask for unanimous consent to offer a perfecting amendment to add Tatiana's name to this resolution.

    Mr. SMITH. If that is okay with the parliamentarian.

    Ms. WATSON. Is that okay?

    Mr. SMITH. If there is no objection.
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    Ms. WATSON. And I will get the spelling of her name. Thank you very much.

    Mr. SMITH. Okay. Without objection, the amendment is agreed to; and the question now occurs on the amendment—would anyone else like to be heard before I move to—we do have a vote, yes.

    Ms. MCCOLLUM. We have a vote, but I have some wonderful high school students with me and we are a nation of immigrants but we are also a nation of refugees. St. Paul is opening itself up to its students, its heart and its hands—as well as many cities in Wisconsin right now—to refugees coming from Rwanda, and this is the Committee, ladies, that makes that possible.

    I am sorry. Being a high school teacher in social studies, as I am, I just wanted them to know that we have some future leaders who came here as refugees and as immigrants right here with me.

    Thank you, Mr. Chairman.

    Mr. SMITH. Thank you. Just because of time, we will have to move on, but I am glad that you took the time to welcome your students.

    The question now occurs on the amendment. All those in favor, say aye.

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    [Chorus of ayes.]

    Mr. SMITH. Those opposed, no.

    [No response.]

    Mr. SMITH. The ayes have it and the amendment is agreed to.

    The question occurs in the motion to report the resolution, H. Con. Res. 88, favorably as amended. All those in favor say aye.

    [Chorus of ayes.]

    Mr. SMITH. Those opposed, no.

    [No response.]

    Mr. SMITH. The ayes have it. The motion is approved and the resolution is reported favorably without objections. The resolution will be reported favorably to the Full Committee in the form of a single amendment in the nature of a substitute, incorporating the amendments adopted here today.

    Without objection, the staff is directed to make any technical and conforming amendments. The markup is adjourned, and I thank all the Members of the Committee for being here.
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    [Whereupon, at 1:39 p.m. the Subcommittee was adjourned.]