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2005
THE TORTURE VICTIMS RELIEF ACT OF 2005; SUPPORTING THE GOALS AND IDEALS OF A NATIONAL WEEKEND OF PRAYER AND REFLECTION FOR DARFUR, SUDAN; AND CONDEMNING THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA FOR ABDUCTIONS AND CONTINUED CAPTIVITY OF CITIZENS OF THE REPUBLIC OF KOREA AND JAPAN AS ACTS OF TERRORISM AND GROSS VIOLATIONS
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. 2017, H. Res. 333 and H. Con. Res. 168
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JUNE 23, 2005
Serial No. 109–66
Printed for the use of the Committee on International Relations
Available via the World Wide Web: http://www.house.gov/international—relations
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
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DARRELL ISSA, California
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
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ELIOT L. ENGEL, New York
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
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EDWARD R. ROYCE, California,
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
GREG SIMPKINS, Subcommittee Professional Staff Member
NOELLE LUSANE, Democratic Professional Staff Member
LINDSEY M. PLUMLEY, Staff Associate
C O N T E N T S
MARKUP OF
H.R. 2017, To amend the Torture Victims Relief Act of 1998 to authorize appropriations to provide assistance for domestic and foreign programs and centers for the treatment of victims of torture, and for other purposes
H. Res. 333, Supporting the goals and ideals of a National Weekend of Prayer and Reflection for Darfur, Sudan
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H. Con. Res. 168, Condemning the Democratic People's Republic of Korea for the abductions and continued captivity of citizens of the Republic of Korea and Japan as acts of terrorism and gross violations of human rights.
Amendment to H. Con. Res. 168 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
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
The Honorable Christopher H. Smith: Prepared statement on H.R. 2017
THE TORTURE VICTIMS RELIEF ACT OF 2005; SUPPORTING THE GOALS AND IDEALS OF A NATIONAL WEEKEND OF PRAYER AND REFLECTION FOR DARFUR, SUDAN; AND CONDEMNING THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA FOR ABDUCTIONS AND CONTINUED CAPTIVITY OF CITIZENS OF THE REPUBLIC OF KOREA AND JAPAN AS ACTS OF TERRORISM AND GROSS VIOLATIONS
THURSDAY, JUNE 23, 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 notice, at 4:05 p.m. in room 2172, 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. 2017, The Torture Victims Relief Act of 2005, for purposes of markup and move its recommendation to the Full Committee.
Without objection, the bill will be considered as read and open for amendment at any point.
[H.R. 2017 follows:]
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Mr. SMITH. I do have a rather lengthy statement which I will dispense with, other than to ask unanimous consent that it be made a part of the record.
[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
In 1998, Congress took an historic step toward repairing the broken lives of thousands of men and women. Now we have to go even further both to help the victims of torture and to reach out to those who still have no place to turn in their suffering. I hope my colleagues here today will join me in supporting H.R. 2017, the Torture Victims Relief Reauthorization Act.
Nationwide, there are an estimated 400,000 torture survivors, most of whom came to the United States as refugees. Worldwide, it is impossible to count the numbers. While we redouble our efforts to prevent and punish the perpetrators of torture, we must continue to seek to heal its victims.
Section 2 of H.R. 2017 is a statement of policy designed to ensure that, domestically, particular attention is given to regions with significant immigrant and refugee populations and, abroad, particular attention is given to supporting treatment centers and programs in emerging democracies and in post-conflict environments.
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Section 4 of the new bill authorizes $12 million for FY 2006 and $13 million for FY 2007 for centers and programs administered through USAID's Victims of Torture Fund. Non-governmental organizations that receive this funding provide direct services to survivors, their families, and communities. They also strengthen institutions on the ground and the indigenous capacity of these institutions to deliver services to survivors. In addition to providing treatment, many of these programs advocate for the elimination of torture in their countries.
Section 5 authorizes $7 million for FY 2006 and $ 8 million for FY 2007 for the UN Voluntary Fund for the Victims of Torture. In 2001—in that year alone—the UN Fund assisted 77,928 victims of torture.
As our witnesses have testified, the impact of torture can be felt throughout society for years: lives are broken and lost; often political activists as well as their families and communities are frightened and become disengaged from public life; trust in public institutions is destroyed; political apathy is a lesson learned and lived out every day. Unless we find ways to understand and to heal the legacy of torture, our efforts to build democratic institutions around the globe will fail.
You can't help but be proud of the help this country has given to torture victims around the globe. But when you start looking at the numbers and at the scope of the problem, you see that the need far outstrips the services available. We should not turn our backs on that suffering.
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Mr. SMITH. I am mindful of my good friends' and colleagues' time constraints. But this legislation does provide a number of important sections dealing with authorization for funding. And again, I think Members are very aware of what the bill is. Most on this Committee are cosponsors.
Ms. McCollum.
Ms. MCCOLLUM. Mr. Chair, in light of the testimony that we received in the hearing and the fact that you are going to be having discussions with ORR, is it your intention, if we need to strengthen language, to bring forward a manager's amendment or an amendment at the next——
Mr. SMITH. We would be more than happy to talk with the gentlewoman. Every bill that I have ever worked on is always a work in progress. We do have a good, strong consensus for the language, but if there is something you would like to work with us on, we would be more than happy to meet with the gentlelady and perhaps do a manager's amendment or an amendment you would like to offer at the time.
Ms. MCCOLLUM. Thank you, Mr. Chair.
Mr. SMITH. We'll gladly work with you.
Mr. Payne.
Mr. PAYNE. I support the amendment as read and urge its adoption.
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Mr. SMITH. Okay. The question occurs on the motion, if the gentlewoman makes the motion, to report the bill, H.R. 2017, The Torture Victims Relief Authorization Act of 2005. All those in favor, say aye. All those opposed, no. The motion is approved. The bill is reported favorably. The staff is directed to make any technical and conforming amendments.
And now I would like to call up our second resolution. Pursuant to notice, I call up the resolution, H. Res. 333, Supporting the goals and ideals of a National Weekend of Prayer and Reflection for Darfur, Sudan, for purposes of markup and move its recommendation to the Full Committee. Without objection, the bill will be considered as read and open for amendment at any point.
[H. Res. 333 follows:]
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Mr. SMITH. At this point, I would like to yield to my friend and colleague, the prime sponsor of the resolution, Mr. Payne.
Mr. PAYNE. Thank you very much, Mr. Chairman. I appreciate your bringing up the legislation, Supporting the Goals and Ideas of the National Weekend of Prayer and Reflection for Darfur, Sudan. The Senate has rules that are different than the House. In the Senate, Senator Corzine from New Jersey and Senator Brownback from Kansas have introduced a resolution that calls for the weekend of July 14 and 15 to be the National Weekend of Prayer and Reflection for Darfur, Sudan. The purpose of this is really to encourage communities to have discussions, church groups to have civic groups, United Nations groups, school groups to have on their agenda so that we could heighten the awareness of what is happening as the genocide continues in Sudan and to also let us know that we are not satisfied with the recent overtures of the Government of Sudan.
In the House, though, the rules are restrictive. It is not in order to name dates, and therefore, with legislative counsel, we had to remove the specific date. We are urging that we support the National Weekend of Prayer, and, as I indicated, it is specific in the Senate legislation, but we will then try to inform people as to when the weekend is and join in with the Senate's bill, since it is specific. But this is an accompanying bill. And I would urge that it resolves that we support the goals and ideas of a National Weekend of Prayer and Reflection for Darfur, Sudan; encourages the people of the United States to observe that weekend by praying for an end to the genocide and crimes against humanity and for lasting peace in Darfur, Sudan; and urges all churches, synagogues, mosques and religious institutions in the United States to consider the issue of Darfur in their activities and to observe the National Weekend of Prayer and Reflection with appropriate activities and services.
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And so we did it quickly. It came to us real quick. We just found out what the Senate was doing. They asked us to immediately have a companion bill. But as I indicated, the restrictions in the House made it impossible. So I would urge my colleagues to support the act. Thank you, Mr. Chairman.
Mr. SMITH. Thank you very much.
Ms. Lee.
Ms. LEE. Thank you, Mr. Chairman.
Let me thank you, Congressman Payne, for your continued leadership on the issue of Darfur, and also to our Chairman for helping to make sure that the issues of genocide and our response to them and our ability to tackle them as Members of Congress are conducted in a bipartisan way.
This resolution, I think, is very important. Oftentimes, however, we forget that, and I know there is a passage in the Scripture about prayer and works, faith and deeds. We have to make sure that we, as we bring our religious leaders together, that we reflect upon these atrocities and the genocide that is taking place and the displacement of families and children, that we also recommit ourselves to work, to end this genocide. And so I believe that this is a very important message to send to the rest of the world that we understand the power of prayer, and we also understand that following our prayers and following these national days of reflection, that we have a lot of work to do if we, in fact, want our prayers to be answered. Thank you very much.
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Mr. SMITH. I thank the gentlelady for her statement. I want to thank Mr. Payne for authoring this resolution. I, too, as one of the cosponsors, absolutely concur. In the book of James, we are told that faith without works is dead. We are trying as a country to do works. Obviously, yesterday's hearing was tangible evidence that Congress, in a bipartisan way, is trying to provide funding; trying to empower the African Union Peace Initiative with the peacekeepers on the ground. All of that is fine. But it needs to be undergirded and inspired by prayer.
It was Abraham Lincoln who began the first day of prayer and fasting to try to heal our broken country after the savagery of the Civil War and that horrific institution known as slavery. It was only through prayer and fasting that some of that healing was able to take place. So I think this cause is very, very worthwhile and very, very timely. The people of Darfur have suffered enough. We need tangible deeds coupled with faith. I thank the gentlelady and the gentleman.
Would any other Member like to be heard? If not, are there any amendments to the resolution? If not, the question occurs on the motion to report the resolution, H. Res. 333, favorably. All those in favor, say aye. All those opposed, no. The ayes have it. The motion is approved. Staff is directed to make any technical and conforming amendments to the resolution just passed.
Pursuant to notice, I call up the resolution, H. Con. Res. 168, Condemning the Democratic People's Republic of Korea for the abductions and continued captivity of citizens of the Republic of Korea and Japan as acts of terrorism and gross violations of human rights, for purposes of markup and move its recommendations to the Full Committee. Without objection, the resolution will be considered as read and open for amendment at any point.
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[H. Con. Res. 168 follows:]
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Mr. SMITH. I would like to make an opening statement to explain this resolution. During the past 50 years, the North Korean Government has kidnapped thousands of innocent South Korean and Japanese citizens.
These horrific crimes finally received international attention 2 years ago when North Korean leader, Kim Jong-il, admitted that agents of his government abducted 13 Japanese citizens in the 1970s and 1980s. However, the 13 acknowledged cases are only the tip of the iceberg. For decades, Pyongyang has routinely abducted fishermen working out at sea, young couples strolling on deserted beaches, students studying abroad in Europe, pastors assisting North Korean refugees in China and even teenagers attending summer camp. While many of these abductees have been murdered at the hands of Pyongyang, hundreds of these kidnapping victims are still alive in North Korea.
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The North Korean Abduction Program is inextricably linked to its espionage and terrorist activities. Many abductees have been seized in conjunction with North Korean terrorist acts, such as plane and ship hijackings. The regime has then used abductees to steal identities for North Korean agents, work as spies for Pyongyang and train North Korean agents in language and culture. In one instance, North Korea abducted Ms. Taguchi as the Japanese language instructor for North Korean terrorist, Kim Hyon-hee. Kim was caught carrying a Japanese passport after planting a bomb on Korean Airlines Flight 858 that killed 115 people in 1987.
In addition to its kidnappings, North Korea also continues to hold hundreds of South Korean prisoners of war in violation of the Korean War Armistice Agreement of 1953. These men, who served under the United Nations Command and fought side-by-side with American troops, have been held captive for more than 50 years, largely forgotten by their countrymen and allies. The POWs have been forced to perform decades of hard labor, many of them slaving in dangerous underground mines until their deaths. Over the last decade, a handful of these elderly veterans have successfully escaped North Korea by traveling through China and eventually have made their way home to South Korea. Others have been less fortunate. Last December, POW Han Man-taek, age 72, was picked up by Chinese authorities while trying to reach relatives in South Korea. The Chinese forcibly repatriated Han to North Korea. While the fate of this brave man is unknown, he inevitably faced brutal punishment and was probably executed.
H. Con. Res. 168, authored by Chairman Henry Hyde, condemns North Korea for its abductions and demands Pyongyang's release of all kidnapping victims and prisoners of war. The resolution calls on the U.S. Government not to remove North Korea from the Department of State's list of State Sponsors of Terrorism until North Korea renounces state-sponsored kidnapping and provides a full accounting of all abduction cases. The resolution also admonishes the People's Republic of China for the forced repatriation of Han Man-taek. I would like to urge my colleagues to support this important resolution that seeks to aid so many of the forgotten victims of the North Korean regime.
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Would any other Member like to be heard on the resolution?
Mr. Payne.
Mr. PAYNE. Just very quickly, Mr. Chairman. I certainly support your resolution. I think that we have to really insist that all governments, you know, deal with the rule of law. Governments have different ideologies. We think that our form of government is the best, and we know that, at the end of the day, countries that have governments that are totalitarian and socialist, Communist countries will find perhaps that, by and by, that system will change. But, regardless, whatever form of government that government has—whether it is imposed on them, whether it is the will of the people—that those governments must work in the family of nations, and that they should not be allowed to be pariah governments that do not adhere to the rule of law. So I support your House Con. Res. 168 and urge its passage.
Mr. SMITH. Ms. McCollum.
Ms. MCCOLLUM. Thank you. I have a point. It is more of a clarification. I am assuming, having read this, that we are working with the Governments of Japan and South Korea in some ways in order to have their official accounting of those who have been kidnapped. Am I correct in that assumption?
Mr. SMITH. The gentlelady is correct.
Ms. MCCOLLUM. Thank you, Mr. Chair.
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Mr. SMITH. I have an amendment at the desk which, without objection, will be considered as read.
[The amendment referred to follows:]
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Mr. SMITH. I recognize myself just for a moment or 2 to explain it. The amendment to H. Con. Res. 168, Chairman Hyde's resolution, focuses on the abduction of South Korean and Japanese citizens after the Korean War. However, the North Korean regime began carrying out the abductions long before the signing of the Korean War Armistice Agreement. According to the Korean National Red Cross, 7,034 South Korean civilians were abducted during the course of the war. Although Pyongyang agreed to release these kidnapped civilians when it signed the armistice, not a single wartime abductee has been allowed to return home. The amendment seeks to include these wartime victims in the Hyde resolution.
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The amendment also raises the 1971 abduction of South Korean diplomat Yu Song-gun, his wife and two children in Berlin. The diplomatic status of Yu and the young age of his daughters, ages 7 and 1, merits special attention. I would ask favorable consideration by the Members for that.
Would anyone like to be heard on this amendment or the underlying resolution? The question then occurs on the amendment. All those in favor, say aye. Those opposed, say no. The ayes have it. The amendment is agreed to.
The question now occurs on the motion to report the resolution, H. Con. Res. 168, Condemning the Democratic People's Republic of Korea for the abductions and continued captivity of citizens of the Republic of Korea and Japan as acts of terrorism and gross violations of human rights, as amended. All those in favor, say aye. All those opposed, no. The ayes have it. The motion is approved, and the resolution is reported favorably.
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 amendment adopted here today.
Without objection, the staff is directed to make any technical and conforming amendments.
The Chair recognizes Mr. Payne.
Mr. PAYNE. Just for a point of personal privilege. As we indicated, House resolutions cannot indicate dates. I did indicate that it was the 14th and 15th. The actual Senate date for the weekend of prayer is the 15th to the 17th. That is Friday to Sunday, covering Islamic, synagogues and Christian churches, so the 15th to the 17th.
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Thank you, Mr. Chairman.
Mr. SMITH. Would anybody else like to be heard before we adjourn? Without objection, the markup is adjourned. Thank you very much.
[Whereupon, at 4:20 p.m., the Subcommittee was adjourned.]