SPEAKERS CONTENTS INSERTS
Page 1 TOP OF DOC
47–406 CC
1998
H. RES. 364, URGING THE INTRODUCTION AND PASSAGE OF A RESOLUTION ON THE HUMAN RIGHTS SITUATION IN THE PEOPLE'S REPUBLIC OF CHINA AT THE 54TH SESSION OF THE UNITED NATIONS COMMISSION ON HUMAN RIGHTS
MARKUP
BEFORE THE
SUBCOMMITEE ON INTERNATIONAL OPERATIONS AND HUMAN RIGHTS
OF THE
COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTH CONGRESS
SECOND SESSION
FEBRUARY 25, 1998
Printed for the use of the Committee on International Relations
Page 2 PREV PAGE TOP OF DOC
COMMITTEE ON INTERNATIONAL RELATIONS
BENJAMIN A. GILMAN, New York, Chairman
WILLIAM GOODLING, Pennsylvania
JAMES A. LEACH, Iowa
HENRY J. HYDE, Illinois
DOUG BEREUTER, Nebraska
CHRISTOPHER SMITH, New Jersey
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
DONALD A. MANZULLO, Illinois
EDWARD R. ROYCE, California
PETER T. KING, New York
JAY KIM, California
STEVEN J. CHABOT, Ohio
MARSHALL ''MARK'' SANFORD, South Carolina
MATT SALMON, Arizona
AMO HOUGHTON, New York
TOM CAMPBELL, California
JON FOX, Pennsylvania
JOHN McHUGH, New York
LINDSEY GRAHAM, South Carolina
Page 3 PREV PAGE TOP OF DOC
ROY BLUNT, Missouri
KEVIN BRADY, Texas
LEE HAMILTON, Indiana
SAM GEJDENSON, Connecticut
TOM LANTOS, California
HOWARD BERMAN, California
GARY ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
MATTHEW G. MARTINEZ, California
DONALD M. PAYNE, New Jersey
ROBERT ANDREWS, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
CYNTHIA A. McKINNEY, Georgia
ALCEE L. HASTINGS, Florida
PAT DANNER, Missouri
EARL HILLIARD, Alabama
BRAD SHERMAN, California
ROBERT WEXLER, Florida
STEVE ROTHMAN, New Jersey
BOB CLEMENT, Tennessee
BILL LUTHER, Minnesota
JIM DAVIS, Florida
RICHARD J. GARON, Chief of Staff
MICHAEL H. VAN DUSEN, Democratic Chief of Staff
Page 4 PREV PAGE TOP OF DOC
Subcommittee on International Operations and Human Rights
CHRISTOPHER H. SMITH, New Jersey, Chairman
WILLIAM F. GOODLING, Pennsylvania
HENRY J. HYDE, Illinois
DAN BURTON, Indiana
CASS BALLENGER, North Carolina
PETER T. KING, New York
MATT SALMON, Arizona
LINDSEY O. GRAHAM, South Carolina
ILEANA ROS-LEHTINEN, Florida
TOM LANTOS, California
CYNTHIA A. McKINNEY, Georgia
GARY L. ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
DONALD M. PAYNE, New Jersey
EARL F. HILLIARD, Alabama
ROBERT WEXLER, Florida
GROVER JOSEPH REES, Subcommittee Staff Director and Chief Counsel
ROBERT R. KING, Democratic Professional Staff Member
DOUGLAS C. ANDERSON, Counsel
CATHERINE DUBOIS, Staff Associate
C O N T E N T S
APPENDIX
Page 5 PREV PAGE TOP OF DOC
H. Res. 364
Amendment in the nature of a substitute to H. Res. 364 offered by Mr. Christopher Smith of New Jersey
Prepared statement of Mr. Christopher Smith
Human Rights Watch/Asia, March 1997. China/Chinese Diplomacy, Western Hypocrisy and the United Nationa Human Rights Commission
MARKUP OF H. RES. 364, URGING THE INTRODUCTION AND PASSAGE OF A RESOLUTION ON THE HUMAN RIGHTS SITUATION IN THE PEOPLE'S REPUBLIC OF
CHINA AT THE 54TH SESSION OF THE UNITED NATIONS COMMISSION ON HUMAN RIGHTS
WEDNESDAY, FEBRUARY 25, 1998
House of Representatives
Committee on International Relations
Subcommittee on International Operations and Human Rights
Washington, D.C.
The Subcommittee met, pursuant to notice, at 1:05 p.m., in room 2167, Rayburn House Office Building; The Honorable Christopher H. Smith (chairman) presiding.
Representatives Present: Smith, Goodling, and Lantos.
Mr. SMITH. The Subcommittee on International Operations and Human Rights meets today in open session, pursuant to notice, to consider markup of House Resolution 364, related to the resolution on China in the United Nations Human Rights Commission.
This resolution which I introduced 2 weeks ago has already been cosponsored by 19 Members from both sides of the aisle, including my good friend and colleague, Tom Lantos. Today I will be proposing an amended version of the resolution which incorporates helpful suggestions made by both Republicans and Democrats alike to try to improve the text.
Page 6 PREV PAGE TOP OF DOC
If any government deserves to be the subject of a United Nations Human Rights Commission resolution, the Beijing regime does. In his testimony before this Subcommittee earlier this month, Assistant Secretary of State John Shattuck made clear that ''[t]he government of China continues to commit widespread and well-documented abuses in all areas [of human rights]'' and that there have not been any major improvements in that situation during the last year. As detailed in the State Department's Country Report on Human Rights Practices in China, those abuses included extrajudicial killings, the use of torture, arbitrary arrest and detention, forced abortion and forced sterilization, the sale of organs from executed prisoners, and tight control over religion, speech, and press. Persecution in some minority areas such as Tibet even intensified during the past year.
H. Res. 364 deserves universal support in the House. It does not entangle any of the commercial concerns involved in our more contentious debates, such as MFN. It focuses exclusively on the undeniable human rights violations perpetrated by the Chinese regime and urges recognition of those violations in a forum dedicated solely to human rights concerns. Indeed, this resolution merely urges the Administration to do what it promised to do when it delinked MFN for China from human rights considerations in 1994, namely ''to insist that the United Nations Human Rights Commission pass a resolution dealing with the serious human rights abuses in China.'' Those abuses continue unabated and the need for a resolution is more pressing than ever.
Chinese democracy advocate Wei Jingsheng, who appeared before our Subcommittee earlier this month, has stated that ''pressure on the Chinese Government to tolerate dissident voices inside and outside the party is crucial for guaranteeing a peaceful transformation to democracy in China.'' Thus he believes that a United Nations Human Rights Commission resolution at this time is, as he put it, ''a matter of life or death for democratic reform in China.'' We must do what we can to keep the hopes of democracy alive. H. Res. 364 is a basic step toward that goal.
Page 7 PREV PAGE TOP OF DOC
I would like to recognize my good friend, Mr. Lantos, for any comments he may have.
Mr. LANTOS. I want to commend you, Mr. Chairman, for introducing this resolution, of which I am very pleased to be an original cosponsor. I want to identify myself fully with your observations.
Unfortunately, human rights conditions in China have shown a persistent pattern of unacceptability. The full range of human rights violations that the Chinese Government in Beijing is guilty of covers the total spectrum of human rights violations that we have uncovered in all the years of the existence of this Committee. I think it would be a travesty if the United Nations Commission on Human Rights were not to deal with this issue and if it does not conclude its deliberations with a denunciation of the appalling human rights practices perpetrated by the Government of China.
I think it's important to realize that with the economic crisis in Southeast Asia there are several additional elements that need to be introduced into our deliberations.
China is very much concerned that with the dramatic change in exchange rates in Southeast Asia, many of China's export industries will come under severe competition from the countries of Southeast Asia whose currencies have been devalued in some instances by as much as 80 percent. The Chinese response will be clear. They will engage either in competitive devaluation of their own or will merely change the prices at which they will sell their products abroad. This means that China's export surplus to the United States will increase in the coming year. It is already running at about a $50 billion annual rate.
We certainly are in an excellent position to exercise our leverage by insisting on improvement in human rights conditions in China, and since the United Nations Commission on Human Rights is the most widely observed international body in the field of human rights, it is imperative that we immediately initiate steps to obtain the necessary votes so that our position will prevail.
Page 8 PREV PAGE TOP OF DOC
China will put enormous pressure on members of the United Nations Commission on Human Rights not to deal with human rights violations in China. Unless we lead an offensive that will defeat China's purposes, namely to sweep under the rug this preposterous range of activities China engages in both within China and with respect to the people of Tibet, there will not be any action by the United Nations Commission on Human Rights.
So the operative phrase in our resolution becomes extremely important: ''The House of Representatives urges the President to initiate an immediate and determined U.S. effort to secure passage of a resolution on human rights violations in China at the 54th Session of the United Nations Commission on Human Rights.''
Let me also add a word, because I think it's highly relevant to this resolution, to the recent juxtaposition of the U.S. and Chinese position with respect to the conflict in Iraq. The Chinese Government has no reluctance to oppose U.S. Government policies whenever it chooses to do so. China has shown no reluctance, no reticence, no concern for the sensitivities of our government and our own people. China has been opposing our policy with respect to Iraq on a persistent basis. It has attempted to sweep under the rug Saddam Hussein's outrageous behavior. It is very important that we stand on principle, and standing on principle in this instance means insisting and using all our diplomatic resources to bring the matter of Chinese human rights violations to the United Nations Commission on Human Rights and to push for an affirmative vote denouncing China's practices.
Thank you, Mr. Chairman.
Mr. SMITH. Thank you very much, Mr. Lantos, for your very eloquent statement.
The chair recognizes the gentleman from Pennsylvania.
Mr. GOODLING. Mr. Chairman, I compliment you and all who are responsible for the resolution. As you know, I had 300 Chinese in my York prison and 100 for over 3 years. I got the President to release them. However, the INS at this point is not allowing any to become citizens here or attempt to become citizens. They are scheduled to be returned.
Page 9 PREV PAGE TOP OF DOC
I questioned the Administration in relationship to allowing some Haitians to stay because they would have difficulty if they were returned, but I reminded the Administration we have troops in Haiti; we don't have any troops in China.
One who did return had given up hope of anything ever happening and expected to remain in jail. He did return, and when he was returned to his parents, he was returned with two broken legs, and they indicated to the parents that this will keep him from running away for sometime to come. Pretty tragic.
I certainly hope that we can find some way also to help those who are here at the present time, some of whom are earning their way and becoming good Americans even though they have no hope of remaining here.
I thank you.
Mr. SMITH. Mr. Goodling, thank you for your work on behalf of those Chinese people. I join you, and I know Mr. Lantos does as well, in your concerns about those who are returned. We will continue pressing on that as well.
As you know—you were very much a part of it—the legislation that did pass—Mr. Hyde offered it in the immigration bill when it was on the floor—provides that, if they have a well-founded fear of persecution based on a coercive population control program, they can receive asylum here. It is very unfortunate that those individuals are now still at risk. So I thank you.
The clerk will report the title of the resolution.
The CLERK. H. Res. 364, urging the introduction and passage of a resolution on the human rights situation in the People's Republic of China at the 54th Session of the United Nations Commission on Human Rights.
[H. Res. 364 appears in the appendix.]
Mr. SMITH. Without objection, the resolution is open for amendment at any point. I do have an amendment in the nature of a substitute, which the clerk will report at this time.
Page 10 PREV PAGE TOP OF DOC
The CLERK. Amendment in the nature of a substitute to H. Res. 364 offered by Mr. Smith of New Jersey.
Mr. SMITH. Without objection, the amendment is considered as having been read.
[Amendment in the nature of a substitute to H. Res. 364 offered by Mr. Smith appears in the appendix.]
Mr. SMITH. I recognize myself just briefly to say that after the original introduction of the resolution we consulted with Members of the Subcommittee and made some minor changes, and they are reflected in the substitute that is before us.
Would anyone else like to be heard on the amendment in the nature of a substitute?
Mr. LANTOS. Mr. Chairman, I merely want to indicate my support for your amendment.
Mr. SMITH. Thank you very much, Mr. Lantos.
If there are no further Members seeking attention, the chair will put the question on the amendment in the nature of a substitute. As many as are in favor of the amendment shall signify by saying aye.
[Chorus of ayes.]
Mr. SMITH. Those opposed, say no.
[No response.]
Mr. SMITH. The ayes appear to have it. The ayes have it, and the amendment is agreed to.
The gentleman from Pennsylvania is recognized to offer a motion.
Mr. GOODLING. Mr. Chairman, I move that the Subcommittee report the resolution to the Full Committee with an amendment and with the recommendation that the amendment be agreed to.
Page 11 PREV PAGE TOP OF DOC
Mr. SMITH. The question is on the motion of the gentleman from Pennsylvania. As many as are in favor will say aye.
[Chorus of ayes.]
Mr. SMITH. Those opposed say no.
[No response.]
Mr. SMITH. The ayes appear to have it. The ayes do have it, and the motion is agreed to.
That concludes our markup, and now we will move to a hearing, pursuant to notice.
[Whereupon at 1:20 p.m. the markup was concluded.]
A P P E N D I X
Insert "The Official Committee record contains additional material here."