[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 76 Introduced in House (IH)]







105th CONGRESS
  1st Session
H. RES. 76

  Expressing the sense of the House of Representatives concerning the 
human rights situation in the People's Republic of China as it relates 
to China's position in the international community and encouraging the 
United States, in conjunction with other members of the United Nations 
     Commission on Human Rights, to work with China to promote the 
                      improvement of human rights.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 1997

 Mr. Porter submitted the following resolution; which was referred to 
                the Committee on International Relations

_______________________________________________________________________

                               RESOLUTION


 
  Expressing the sense of the House of Representatives concerning the 
human rights situation in the People's Republic of China as it relates 
to China's position in the international community and encouraging the 
United States, in conjunction with other members of the United Nations 
     Commission on Human Rights, to work with China to promote the 
                      improvement of human rights.

Whereas the United States Department of State's 1996 Country Reports on Human 
        Rights Practices (hereinafter referred to as ``the report'') found that 
        the Government of the People's Republic of China continues to commit 
        widespread and well documented human rights abuses, in violation of 
        international law, and this policy of systemic repression arises from 
        Chinese authorities' intolerance of dissent, fear of unrest, and the 
        absence of adequate laws protecting personal and political freedom;
Whereas the report notes that Chinese authorities escalated overall efforts to 
        extinguish expressions of protest or criticism, effectively silencing 
        all public dissent against the party and government;
Whereas the report further notes that there was intensified repression of 
        nonapproved religious groups, including Protestant and Catholic groups, 
        but the number of religious adherents continues to grow in spite of this 
        repression;
Whereas the report cites serious human rights abuses committed against persons 
        in state custody, such as torture and mistreatment of prisoners, forced 
        confessions, and arbitrary and lengthy incommunicado detention, as well 
        as generally harsh prison conditions and intentional denial of medical 
        care to seriously ill prisoners, yet Chinese authorities' claims of 
        improvements in these areas are impossible to verify due to the lack of 
        independent monitoring of conditions in Chinese prisons and reeducation-
        through-labor camps;
Whereas the report also documents widespread human rights abuses in Tibet, 
        including death in detention, torture, arbitrary arrest, detention 
        without public trial, lengthy detention of Tibetan nationalists for 
        peaceful expression of religious and political views, and intensified 
        controls on religion, freedom of speech, and freedom of the press, 
        particularly for ethnic Tibetans;
Whereas the Government of the People's Republic of China has made certain 
        agreements and guarantees regarding preservation of a high degree of 
        autonomy and basic rights and freedoms in Hong Kong following its 
        reversion to Chinese sovereignty on July 1, 1997, including the 
        commitments contained in the 1984 Sino-British Joint Declaration on the 
        Question of Hong Kong (the Joint Declaration) and the Basic Law enacted 
        by the National People's Congress of the People's Republic of China on 
        April 4, 1990 (the Basic Law);
Whereas the National People's Congress, at its March 1997 session, will consider 
        proposals to repeal key provisions of the Hong Kong Bill of Rights 
        Ordinance and proposals to reinstate laws such as the Societies 
        Ordinance and the Public Order Ordinance that seriously restrict and 
        limit civil liberties, passage of which would be in contravention of the 
        International Covenant on Civil and Political Rights which was extended 
        to cover Hong Kong in 1976;
Whereas China, through its hand-picked selection committee, on December 21, 
        1996, appointed a provisional legislature for Hong Kong though such a 
        body is not mentioned in either the Joint Declaration or the Basic Law, 
        and this provisional legislature has begun preparing legislation prior 
        to Hong Kong's reversion to Chinese sovereignty, while the legitimately 
        elected legislative council of Hong Kong continues to function, thereby 
        creating the possibility of legal conflict and uncertainty;
Whereas China is bound by the Universal Declaration of Human Rights and is a 
        party to the Convention on the Elimination of All Forms of Racial 
        Discrimination and the Convention Against Torture and Other Cruel, 
        Inhuman or Degrading Treatment or Punishment;
Whereas officials of the Chinese Government have recently made statements 
        affirming the universality of human rights, as well as statements 
        indicating a willingness to sign and ratify key international human 
        rights covenants;
Whereas the United States has realized progress in other areas of the United 
        States-China bilateral relationship, such as trade, regional security, 
        and nuclear nonproliferation;
Whereas, since the presidential statement of May 26, 1994, which officially 
        delinked renewal of most favored nation trade status from progress on 
        human rights issues, there has not been substantial improvement in 
        China's human rights practices and the effectiveness of the annual 
        debate on renewal of most favored nation trade status, which has been an 
        important forum for expressing concerns on these issues within the 
        Congress, has been reduced by this policy;
Whereas, in the past, the United States has been a primary sponsor of a 
        resolution criticizing human rights practices in China that has been 
        annually submitted to the United Nations Commission on Human Rights; and
Whereas the United States Government and the American people desire improved 
        relations with the Government and people of the People's Republic of 
        China, but believe that improved relations must be based on respect for, 
        and observance of, internationally recognized norms and standards of 
        human rights: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) the Congress should--
                    (A) explore additional legislative vehicles for 
                explicitly expressing congressional concerns about 
                China's serious human rights situation; and
                    (B) work with the President and Secretary of State 
                to explore areas of agreement and mutual concern, 
                whereby the actions of the Congress can support their 
                efforts to secure progress on the matters set forth 
                below; and
            (2) the President and the Secretary of State should--
                    (A) call on the Government of the People's Republic 
                of China to take concrete steps to improve human 
                rights, including--
                            (i) agreeing to a memorandum of 
                        understanding to grant international 
                        humanitarian organizations regular, 
                        confidential access to Chinese prisons and 
                        detention centers;
                            (ii) releasing political, religious, and 
                        labor activists and Tibetan prisoners, 
                        particularly those who suffer from serious 
                        medical conditions;
                            (iii) allowing international human rights 
                        organizations and journalists regular, 
                        unhindered access to Tibet;
                            (iv) signing and ratifying the 
                        International Covenant on Civil and Political 
                        Rights; and
                            (v) curbing religious persecution by ending 
                        its practices of requiring all religious groups 
                        to register with the authorities and harassing 
                        unapproved religious entities;
                    (B) urge the Government of the People's Republic of 
                China to fully abide by its commitments to maintain 
                basic human rights and civil rights, an independent 
                judiciary and an elected legislature in Hong Kong after 
                July 1, 1997, and to immediately cease all efforts to 
                repeal provisions of the Bill of Rights Ordinance and 
                reinstate laws which are not in conformance with the 
                International Covenant on Civil and Political Rights; 
                and
                    (C) sponsor, and actively seek support among other 
                member governments for, a resolution critical of 
                China's human rights practices at the 53d session of 
                the United Nations Commission on Human Rights in 
                Geneva, in the event that it is unable to identify 
                substantial and quantifiable progress by the People's 
                Republic of China on the matters set forth in 
                paragraphs (1) and (2).
                                 <all>