[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 475 Introduced in House (IH)]







109th CONGRESS
  1st Session
H. RES. 475

  Expressing disapproval of further payments by the Government of the 
United States to the Government of Uzbekistan relating to facilities at 
  the Karshi-Khanabad airbase and urging the United Nations Security 
Council to refer the situation of Uzbek President Islam Karimov and the 
  massacre at Andijan of May 13, 2005, to the International Criminal 
                                 Court.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2005

  Mr. Delahunt (for himself and Mr. Doggett) submitted the following 
   resolution; which was referred to the Committee on International 
                               Relations

_______________________________________________________________________

                               RESOLUTION


 
  Expressing disapproval of further payments by the Government of the 
United States to the Government of Uzbekistan relating to facilities at 
  the Karshi-Khanabad airbase and urging the United Nations Security 
Council to refer the situation of Uzbek President Islam Karimov and the 
  massacre at Andijan of May 13, 2005, to the International Criminal 
                                 Court.

Whereas the Government of the Republic of Uzbekistan agreed to United States' 
        use of the Karshi-Khanabad airbase facility in support of coalition 
        combat and humanitarian efforts in Afghanistan;
Whereas the Department of Defense has stated: ``The [Karshi-Khanabad] facility 
        has been instrumental in our ability to prosecute the war against the 
        Taliban and al-Qaida. It has also been instrumental to providing 
        humanitarian relief to those affected regions in northern 
        Afghanistan.'';
Whereas the Secretary of Defense has stated that operations continue against the 
        Taliban and al-Qaida remnants in Afghanistan, and a need still exists 
        for humanitarian supplies in the northern part of the country;
Whereas on July 29, 2005, the Government of Uzbekistan evicted the United States 
        from Karshi-Khanabad, giving it 180 days to withdraw its forces from the 
        airbase;
Whereas the Department of Defense has nevertheless indicated its intention to 
        pay the Government of Uzbekistan $23 million for the use of the Karshi-
        Khanabad airbase, and additional payments appear likely;
Whereas in 2002 the Governments of Uzbekistan and the United States signed the 
        Declaration on the Strategic Partnership and Cooperation Framework 
        Between the United States of America and the Republic of Uzbekistan in 
        which Uzbekistan pledged to ``implement democratic reforms'' by 
        ``strengthening and developing democratic values in the society, 
        ensuring respect for human rights and freedoms based on the universally 
        recognized principles and norms of international law'';
Whereas the Department of State's 2004 Country Reports on Human Rights Practices 
        states: ``Uzbekistan is an authoritarian state with limited civil rights 
        . . . President Islam Karimov and the executive branch that serves him 
        dominated political life and exercised nearly complete control over the 
        other branches . . . The Constitution provides for an independent 
        judiciary; however, the executive branch heavily influenced the courts 
        and did not ensure due process . . . The Government is highly 
        centralized and is ruled by President Karimov and the executive branch 
        through sweeping decree powers, primary authority for drafting 
        legislation, and control of government appointments, most of the 
        economy, and the security forces.'';
Whereas the 2004 Country Reports on Human Rights Practices further states: ``The 
        Government severely restricted freedom of speech and the press, and an 
        atmosphere of repression stifled public criticism of the Government . . 
        . The Government restricted freedom of religion and harassed individuals 
        suspected of belonging to extremist groups; several hundred were 
        arrested. The Government limited the activities of minority 
        religions.'';
Whereas on May 13, 2005, security forces of the Government of Uzbekistan 
        conducted a brutal and indiscriminate assault on thousands of 
        demonstrators and onlookers in the city of Andijan, which resulted in 
        hundreds of deaths and many more injuries;
Whereas the Government of Uzbekistan has consistently denied that a massacre in 
        Andijan took place, expelled local and foreign journalists from the 
        region, and has refused to open the area to a full and independent 
        investigation into the violence;
Whereas following the massacre in Andijan, hundreds of Uzbek citizens fled to 
        neighboring Kyrgyzstan, which faced pressure from the Government of 
        Uzbekistan to quickly return them, despite well-grounded concerns that 
        they may be arrested and tortured upon their return, and where, although 
        protected as refugees under international law, they were targeted by 
        Uzbek authorities for illegal repatriation and were continually 
        threatened by Uzbek security services operating in southern Kyrgyzstan;
Whereas, through the government-controlled media, the Government of Uzbekistan 
        has accused the United States of provoking the protests in Andijan in 
        May 2005 and has engaged in a campaign to discredit the United States in 
        Central Asia;
Whereas the authoritarian state of Uzbekistan, Uzbek President Islam Karimov, 
        and the massacre at Andijan constitute a threat to international peace 
        and security;
Whereas the actions of the security forces of the Government of Uzbekistan 
        during the massacre at Andijan on May 13, 2005, and thereafter may 
        constitute crimes against humanity;
Whereas President Islam Karimov effectively controls the security forces of 
        Uzbekistan and bears ultimate responsibility for the conduct of such 
        forces in the massacre at Andijan;
Whereas President Islam Karimov's effective control of the Government of 
        Uzbekistan, including the judiciary, prevents the Government of 
        Uzbekistan from conducting independent and impartial judicial 
        proceedings and is thus unwilling or unable to carry out the 
        investigation or prosecution related to the massacre at Andijan; and
Whereas the United Nations Security Council may refer a situation to the 
        International Criminal Court for investigation and prosecution under 
        Article 13(b) of the Rome Statute of the International Criminal Court: 
        Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) disapproves of further payments by the Government of 
        the United States to the Government of the Republic of 
        Uzbekistan relating to facilities at the Karshi-Khanabad 
        airbase; and
            (2) urges the President to direct the United States 
        Permanent Representative to the United Nations to use the 
        voice, vote, and influence of the United States in the Security 
        Council to refer the situation of Uzbek President Islam Karimov 
        and the massacre at Andijan of May 13, 2005, to the 
        International Criminal Court.
                                 <all>