[House Hearing, 106 Congress] [From the U.S. Government Publishing Office] H.R. 4528; H. CON. RES. 328; H. CON. RES. 257; S. CON. RES. 81; AND H. CON. RES. 348 ======================================================================= MARKUP BEFORE THE SUBCOMMITTEE ON INTERNATIONAL OPERATIONS AND HUMAN RIGHTS OF THE COMMITTEE ON INTERNATIONAL RELATIONS HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTH CONGRESS SECOND SESSION __________ JUNE 28, 2000 __________ Serial No. 106-172 __________ Printed for the use of the Committee on International RelationsAvailable via the World Wide Web: http://www.house.gov/international-- relations ______ U.S. GOVERNMENT PRINTING OFFICE 68-289 CC WASHINGTON : 2000 COMMITTEE ON INTERNATIONAL RELATIONS BENJAMIN A. GILMAN, New York, Chairman WILLIAM F. GOODLING, Pennsylvania SAM GEJDENSON, Connecticut JAMES A. LEACH, Iowa TOM LANTOS, California HENRY J. HYDE, Illinois HOWARD L. BERMAN, California DOUG BEREUTER, Nebraska GARY L. ACKERMAN, New York CHRISTOPHER H. SMITH, New Jersey ENI F.H. FALEOMAVAEGA, American DAN BURTON, Indiana Samoa ELTON GALLEGLY, California MATTHEW G. MARTINEZ, California ILEANA ROS-LEHTINEN, Florida DONALD M. PAYNE, New Jersey CASS BALLENGER, North Carolina ROBERT MENENDEZ, New Jersey DANA ROHRABACHER, California SHERROD BROWN, Ohio DONALD A. MANZULLO, Illinois CYNTHIA A. McKINNEY, Georgia EDWARD R. ROYCE, California ALCEE L. HASTINGS, Florida PETER T. KING, New York PAT DANNER, Missouri STEVE CHABOT, Ohio EARL F. HILLIARD, Alabama MARSHALL ``MARK'' SANFORD, South BRAD SHERMAN, California Carolina ROBERT WEXLER, Florida MATT SALMON, Arizona STEVEN R. ROTHMAN, New Jersey AMO HOUGHTON, New York JIM DAVIS, Florida TOM CAMPBELL, California EARL POMEROY, North Dakota JOHN M. McHUGH, New York WILLIAM D. DELAHUNT, Massachusetts KEVIN BRADY, Texas GREGORY W. MEEKS, New York RICHARD BURR, North Carolina BARBARA LEE, California PAUL E. GILLMOR, Ohio JOSEPH CROWLEY, New York GEORGE P. RADANOVICH, California JOSEPH M. HOEFFEL, Pennsylvania JOHN COOKSEY, Louisiana THOMAS G. TANCREDO, Colorado Richard J. Garon, Chief of Staff Kathleen Bertelsen Moazed, Democratic Chief of Staff ------ Subcommittee on International Operations and Human Rights CHRISTOPHER H. SMITH, New Jersey, Chairman WILLIAM F. GOODLING, Pennsylvania CYNTHIA A. MCKINNEY, Georgia HENRY J. HYDE, Illinois ENI F.H. FALEOMAVAEGA, American DAN BURTON, Indiana Samoa CASS BALLENGER, North Carolina EARL F. HILLIARD, Alabama PETER T. KING, New York BRAD SHERMAN, California MATT SALMON, Arizona WILLIAM D. DELAHUNT, Massachusetts THOMAS G. TANCREDO, Colorado GREGORY W. MEEKS, New York Grover Joseph Rees, Subcommittee Staff Director Douglas C. Anderson, Counsel Peter Hickey, Democratic Staff Director Marta Pincheira, Staff Associate C O N T E N T S ---------- Page Markup of H.R. 4528, The International Academic Opportunity Act of 2000........................................................ 1 Markup of H. Con. Res. 328, expressing the sense of the Congress in recognition of the 10th anniversary of the free and fair elections in Burma and the urgent need to improve the democratic and human rights of the people of Burma............. 3 Markup of H. Con. Res. 257, concerning the emancipation of the Iranian Baha'i community....................................... 5 S. Con. Res. 81, expressing the sense of Congress that the Government of the People's Republic of China should immediately release Rabiya Kadeer, he secretary, and her son, and permit them to move to the United States if they so desire............ 6 Markup of H. Con. Res. 348, expressing the condemnation of the use of children as soldiers and expressing the belief the United States should support and, where possible, lead efforts to end this abuse of human rights.............................. 8 APPENDIX Text of H.R. 4528................................................ 10 Amendment offered by Representative Smith.................... 14 Text of H. Con. Res. 328......................................... 15 Amendment offered by Representative Smith.................... 20 Text of H. Con. Res. 257......................................... 21 Amendment offered by Representative Smith.................... 27 Text of S. Con. Res. 81.......................................... 28 Text of H. Con. Res. 348......................................... 32 Amendment offered by Representative Smith.................... 37 H.R. 4528; H. CON. RES. 328; H. CON. RES. 257; S. CON. RES. 81; AND H. CON. RES. 348 ---------- WEDNESDAY, JUNE 28, 2000 House of Representatives, Subcommittee on International Operations and Human Rights, Committee on International Relations, Washington, DC. The Subcommittee met, pursuant to notice, at 10:45 a.m., in room 2172, Rayburn House Office Building, Hon. Christopher H. Smith (Chairman of the Subcommittee) presiding. Mr. Smith. The Subcommittee on International Operations and Human Rights will come to order. We meet in open session today, pursuant to notice, to mark up several legislative items. We will first now consider H.R. 4528, the International Academic Opportunity Act. The Chair lays the bill before the table and the Subcommittee. The clerk will report the title of the bill. [The bill appears in the appendix.] consideration of h.r. 4528 Mr. Rees. H.R. 4528, to establish an undergraduate grant program of the Department of State to assist students of limited financial means from the United States to pursue studies at foreign institutions of higher education. Mr. Smith. Without objection, the first reading of the bill is dispensed with. The clerk will read the bill for amendment. Mr. Rees. A bill to establish an undergraduate---- Mr. Smith. Without objection, the bill is considered as having been read and is open for amendment at any time, and I do have an amendment at the desk and I would ask that it be distributed. Mr. Rees. I think it has been distributed. [The amendment appears in the appendix.] Mr. Smith. Would you read the amendment? Mr. Rees. The amendment is as follows, page 2 after line 17 insert the following, Grants under this Act shall be known as the Benjamin A. Gilman International Scholarships. Mr. Smith. Let me just make a few opening comments about the bill itself and the amendment. H.R. 4528, the International Academic Opportunity Act of 2000, was introduced last month by the distinguished Chairman of the full Committee, Ben Gilman, and his Democratic colleague from New York, Representative Hinchey. The bill would establish a grant program to help American undergraduate students of limited financial means to study abroad and authorizes $1.5 million per year for that purpose. It also requires that Congress be provided with an annual report on the number of participating students and institutions at which they study. The intent of the bill is to provide the study abroad programs that exist at many colleges and universities with funds that will allow them to reach out to students that might not otherwise consider such study because of the additional travel and living expenses it requires. By providing for a single year grants of up to $5,000 per student, this bill will help students who have demonstrated financial need to avail themselves of this valuable educational experience. By living and studying in a new culture and country, these students will be better equipped to participate in world affairs and in our increasingly global economy. Furthermore, by broadening participation in U.S. public diplomacy efforts, this new program will give the communities to which our students travel a richer, more diverse experience of American culture. Let me just say in terms of the amendment, it would be named after our distinguished Chairman, Ben Gilman, and I have to note having served in Congress for 20 years and having known Ben for each of those 20 years, having been on this Committee for those years, there is nobody who is more worthy of this kind of honor and this is just a token of the kind of respect that I and my colleagues feel for our distinguished gentleman from New York, Ben Gilman, Chairman of our Committee. I will be happy to yield to my friend. Mr. Gilman. Thank you, Chairman Smith, for your kind remarks and for going out of your way to entitle this program, the Gilman International Scholarship Program, something we have been deeply committed to, and I want to thank your Committee, Chairman Smith, for taking this up at an early date. This measure seeks to give our lower-income college students opportunities, through grants, to study overseas for a 2-year period. Our future depends on an experienced world and to have the kind of experience that our students would gather from this kind of a program. The bill provides underprivileged youngsters with grants for study abroad. The program opens study abroad to all college students. We have found that exchange programs have been extremely helpful to help in career planning for those who are interested in international affairs, and also give young students an opportunity to learn about other cultures. I have had an exchange program that I developed many years ago with South Korea, where we send over our internships every summer for a 3-week period. This will be the 18th year for that program. We have found it to be extremely helpful to young students who are interested in learning about Asian culture and politics. So I want to commend our Subcommittee Chairman, Mr. Smith, who has always had an interest not only in exchanges, but in human rights and so many other important aspects of religious freedom, for taking this measure up at an early date; and I yield back the balance of my time. Mr. Smith. I thank my good friend and thank you for your very kind comments. The question is on the amendment. Those in favor say ``aye.'' Those opposed, ``no.'' The ayes have it and the amendment is agreed to. I move that the Subcommittee report the bill H.R. 4528, as amended, favorably to the full Committee. Without objection, the motion is agreed to. And I thank you again, Mr. Gilman, for your participation. We will now consider H. Con. Res. 328, expressing the sense of Congress relative to the urgent need to improve the democratic and human rights of the people of Burma. The Chair lays the resolution before the Subcommittee. The clerk will report the title of the resolution. [The resolution appears in the appendix.] consideration of h. con. res. 328 Mr. Rees. H. Con. Res. 328, expressing the sense of the Congress in recognition of the 10th anniversary of the free and fair elections in Burma and the urgent need to improve the democratic and human rights of the people of Burma. Mr. Smith. Without objection, the clerk will read the preamble and operative language of the resolution for amendment. Mr. Rees. Concurrent resolution expressing the sense of the Congress in recognition of the 10th anniversary of the free and fair elections in Burma and the urgent need to improve the democratic and human rights of the people of Burma. Mr. Smith. Without objection, the resolution is considered as having been read and is open for amendment at any point. This resolution was introduced on May 16th and was referred by the Chairman to this Subcommittee. I would like to make a couple of points about it. Just over 10 years ago, in the spring of 1990, the people of Burma courageously embraced democracy. In the face of intimidation by the Burmese military, they turned out in record numbers to participate in free and fair elections. In those elections, the National League for Democracy, led by Aung San Suu Kyi, won more than 60 percent of the popular vote and 80 percent of the seats in parliament. The Burmese military responded by rejecting the election results, imprisoning hundreds of NLD members, including Aung San Suu Kyi, and severely curtailing the civil liberties of the Burmese people. Since that time, the ruling thugs who currently call themselves the State Peace and Development Council, formerly they were known as the SLORC, have inflicted massive human rights violations and economic privations on the people of Burma. More than 1,300 political prisoners, including the woman elected to lead Burma, Aung San Suu Kyi--still suffer at the hands of their government captors. The Burmese regime routinely uses forced labor, and it continues to wage a brutal war against ethnic minorities within in its borders. In August 1998, I travelled to that region in an effort to secure the release of one my constituents, Michelle Keegan, who had been seized by the Burmese authorities for passing out cards that stated, ``We have not forgotten you; we support your hopes for human rights and democracy.'' The SLORC repeatedly refused my request for a visa to enter Burma, so I had to negotiate her release from Bangkok, Thailand. After 5 days of detention, Michelle and 17 other foreign activists were expelled from Burma, but not until they had been sentenced to 5-years imprisonment for sedition. I am proud that the State Department authorization bill that I introduced in this Congress--and it was signed by the President last fall--retains a provision that helps ensure that the United Nations Development Program does not enrich the Burmese military regime. It reduces U.S. contributions to U.N.D.P. By the amount that the program spends in Burma, unless U.N.D.P.'s activities in Burma one, are focused on eliminating human suffering; two, are carried out only through private voluntary organizations that are independent of the regime; three, do not benefit the regime; and four, are carried out only after consultation with the leadership of the National League for Democracy and the leadership of the national coalition government of the Union of Burma. The resolution before us today, H. Con. Res. 328, commemorates the 1990 elections, describes accurately the situation in Burma and expresses the sense of Congress that the United States should strongly support the restoration of democracy in that country. It urges the military regime in Burma to guarantee basic freedoms for Burmese citizens, to undertake political dialogue with the National League for Democracy and ethnic leaders, and to immediately release all political prisoners, and to fulfill the conditions of international human rights instruments. It also recognizes the current sanctions in place against the Government of Burma as appropriate means of pursuing democracy and civil liberties for the people of Burma and vindicating the United States security interests. I will bring a brief amendment momentarily after--I think Mr. Gilman might have something to say on this--that incorporates some technical suggestions made by the State Department, and it enumerates in greater detail the international human rights covenants that we expect the Burmese regime to respect in its treatment of the people of Burma. I do have an amendment at the desk, and I would ask that the clerk would read it. [The amendment appears in the appendix.] Mr. Rees. Amendment to H. Con. Res. 328, offered by Mr. Smith of New Jersey: In the 11th clause of the preamble---- Mr. Smith. Without objection, the amendment is considered as read; and I just want to note that it does contain technical enhancements to the bill. They were recommended to us by the State Department and by others. The question is on the amendment. All those in favor, say ``aye.'' Those opposed, ``no.'' The ayes have it and the amendment is agreed to. I move that the resolution be reported favorably, as amended, to the full Committee on International Relations. Without objection, the motion is agreed to. Since we do have a vote pending and we have two additional resolutions, the Subcommittee will take a very brief pause and then return in about 10 or 20 minutes. [Recess.] Mr. Smith. The Subcommittee will resume its sitting. Without objection, H. Con. Res. 328, as amended, will be reported to the full Committee and will be reported favorably. We now meet to mark up H. Con. Res. 257 relating to the emancipation of the Iranian Baha'i community. The Chair lays the resolution before the Subcommittee. The clerk will report the title of the resolution. [The resolution appears in the appendix.] consideration of h. con. res. 257 Mr. Rees. H. Con. Res. 257, concerning the emancipation of the Iranian Baha'i community. Mr. Smith. Without objection, the clerk will read the preamble and the operative language of the resolution for amendment. Mr. Rees. Concurrent resolution concerning the emancipation of the Iranian Baha'i community. Whereas---- Mr. Smith. Without objection, the resolution is considered as having been read and is open for amendment at any point. The resolution was introduced on February 29, 2000, and referred by the Chairman of the full Committee to this Subcommittee; and I would like to yield to my good friend Ms. McKinney if she has any comments on the resolution. Ms. McKinney. Mr. Chairman, I don't have any comments on the resolution. Mr. Smith. And I do have an amendment that I would ask be considered by the Subcommittee. [The amendment appears in the appendix.] Mr. Rees. The amendment to H. Con. Res. 257, offered by Mr. Smith of New Jersey. In the preamble, strike the fifth clause and insert the following. Mr. Smith. Without objection, the amendment is considered as having been read. During the past year, according to the State Department, the religious minorities in Iran, particularly the Baha'i, continue to suffer repression by conservative elements of the judiciary and the security establishment. Adherents of the Baha'i faith continue to face arbitrary arrest and detention. The Government of Iran appears to adhere to a practice of keeping a small number of Baha'i in detention at any given time. Furthermore, several Baha'i remain on death row in Iran, having been convicted of apostasy, or actions against God, for practicing their faith. Such trials are carried out in the same manner as is reserved for threats to national security and reflect the view that the Baha'i faith is an espionage organization. Baha'i are denied entry into the state-controlled university system, and the Government of Iran has raided hundreds of homes in an effort to disrupt the alternative educational system constructed by the Baha'i community. In sum, according to the State Department, followers of Baha'i faith effectively enjoy no legal rights in Iran. H. Con. Res. 257 introduced by my friend and colleague Mr. Porter of Illinois details and condemns the serious persecution suffered by the Baha'i community at the hands of the Iranian authorities. It urges the Government of Iran to respect basic human rights in its treatment of the Baha'i community, and it calls on the President of the United States to make the human rights practices of the Government of Iran a significant factor in the development of the bilateral relationship between our two countries. The minor amendment that I am offering today to the original language updates the number of Baha'i who are currently on death row, makes it accurate, and it also adds references to the specific international human rights agreements that Iran should live up to in its treatment of the Iranian Baha'i community. Does the gentlelady have something she would like to say about the amendment? The question is on the amendment. Those in favor, say ``aye.'' Those opposed? The ayes have it and the amendment is agreed to. Are there any other amendments or any other comments that Members of the Committee would like to make? The Chairman recognizes the gentlelady from Georgia for a motion. Ms. McKinney. I move that the Subcommittee report the resolution, as amended, favorably to the full Committee. Mr. Smith. Without objection, the motion is agreed to and the resolution will be reported favorably to the full Committee. The next resolution that we will take up this morning is S. Con. Res. 81, related to prisoners of the People's Republic of China. The Chair lays the resolution before the Subcommittee. The clerk will report the title of the resolution. [The resolution appears in the appendix.] consideration of s. con. res. 81 Mr. Rees. S. Con. Res. 81, concurrent resolution, expressing the sense of the Congress that the Government of the People's Republic of China should immediately release Rabiya Kadeer, her secretary, and her son, and permit them to move to the United States if they so desire. Mr. Smith. Without objection, the clerk will read the preamble and the operative language of the resolution. Mr. Rees. Whereas Rabiya Kadeer, a prominent ethnic Uighur from the Xinjiang Uighur autonomous region of the People's Republic of China, her Secretary and her son were arrested on August 11, 1999---- Mr. Smith. Without objection, the resolution is considered as having been made read and is open to amendment at any point. This resolution was introduced on May 3, referred by the Chairman of the full Committee to our Subcommittee. And I would like to make a very short comment on this, and then unfortunately, we do have another vote on the floor of the House. S. Con. Res. 81, already passed by the Senate last month, expresses the sense of Congress that the People's Republic of China should immediately release Rabiya Kadeer, her son and her Secretary, and should allow them to move to the United States if they so desire. Ms. Kadeer, a prominent Uighur Muslim businesswoman in the Xinjiang province of China, was detained by Chinese security authorities along with her son and her secretary in August of last year. She was on her way to meet a visiting congressional staff delegation. She was held incommunicado for months, and in March of this year was sentenced to 8 years in prison for, ``illegally giving state information across the border.'' Her crime was sending local newspaper clippings to her husband in the United States. Ms. Kadeer's husband, Sadik Haji, a Uighur political activist, has been granted asylum in the United States and has participated in Radio Free Asia broadcasts into the PRC. Ms. Kadeer's imprisonment is the latest and most serious attempt by the Beijing regime to silence her husband by persecuting the family members who still reside in the People's Republic of China. The Chinese Government prevented Ms. Kadeer from leaving China by confiscating her passport many months beforehand. On March 2 of this year, her daughter, Reyila Abdureyim, appeared before our Subcommittee, providing compelling testimony about the plight of her mother and about the PRC's brutal repression of the Uighur Muslim population in Xinjiang autonomous region. The latest State Department country report on the human rights practices in China also confirms that crackdown and describes the police killings and summary executions of the Uighurs and tight restrictions on Muslim religious practice. We actually saw a video of the kind of mischief that the security forces visit upon the Uighurs, and it was outrageous. I do hope that the Subcommittee will report this to the Committee favorably; and again, I would like to yield to my friend from Georgia if she has any comments. Ms. McKinney. No comment. Is it proper for a motion? Mr. Smith. It is proper for a motion. Ms. McKinney. OK. Mr. Chairman, I move that the Subcommittee do report favorably S. Con. Res. 81 to the full Committee. Mr. Smith. The motion has been made. Without objection, the motion is agreed to, and I move that the Subcommittee Staff Director be allowed to make technical, conforming, and grammatical amendments to the measure and prepare a substitute reflecting the Subcommittee's action as a single amendment. Without objection, that is so ordered. Again, we have 6 minutes to make our way over to the floor. I say to my friends, we do have one final resolution which we will get to as soon as we reconvene momentarily. Ms. McKinney. Why don't we just go ahead and do it? Can we do it? Mr. Smith. OK. Ms. McKinney. The Chairman doesn't seem to operate under pressure. Mr. Smith. I am fine under pressure, just not good under time. H. Con. Res. 348, relating to child soldiers, and the clerk will report the resolution. [The resolution appears in the appendix.] consideration of h. con. res. 348 Mr. Rees. H. Con. Res. 348, expressing condemnation of the use of children as soldiers and expressing the belief that the United States should support and, where possible, lead efforts to end this abuse of human rights. Mr. Smith. Without objection, the clerk will read the preamble and operative language of the resolution for amendment. [The amendment appears in the appendix.] Mr. Rees. Concurrent resolution expressing condemnation of the use of children as soldiers and expressing the belief that the United States should support and, where possible, lead efforts to end this abuse of human rights. Mr. Smith. Without objection, the resolution is considered as having been read. This resolution was introduced on June 7 and referred by the Chairman of the full Committee, Mr. Gilman, to this Subcommittee. Are there any Members who would like to comment on this? Ms. McKinney. Go ahead and read it. Mr. Smith. Please do. Ms. McKinney. Mr. Chairman, I would like to make the motion. I would like to move that the Subcommittee do favorably report H. Con. Res. 348 to the full Committee. Mr. Smith. Without objection, the motion is agreed to. And again without objection, the Staff Director may make those technical and conforming and grammatical amendments to the measure, including the amendment that has been distributed to the Subcommittee Members. The markup is concluded. 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