    [House Hearing, 106 Congress]
    [From the U.S. Government Publishing Office]

            H. CON. RES. 395, H. RES. 398, S. 1453, AND H. RES. 577

    =======================================================================

                                     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

                                   __________

                               SEPTEMBER 21, 2000

                                   __________

                               Serial No. 106-189

                                   __________

        Printed for the use of the Committee on International Relations

            Available via the World Wide Web: http://www.house.gov/
                      international--relations

                                     ______

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                      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           DONALD M. PAYNE, New Jersey
    ILEANA ROS-LEHTINEN, Florida         ROBERT MENENDEZ, New Jersey
    CASS BALLENGER, North Carolina       SHERROD BROWN, Ohio
    DANA ROHRABACHER, California         CYNTHIA A. McKINNEY, Georgia
    DONALD A. MANZULLO, Illinois         ALCEE L. HASTINGS, Florida
    EDWARD R. ROYCE, California          PAT DANNER, Missouri
    PETER T. KING, New York              EARL F. HILLIARD, Alabama
    STEVE CHABOT, Ohio                   BRAD SHERMAN, California
    MARSHALL ``MARK'' SANFORD, South     ROBERT WEXLER, Florida
        Carolina                         STEVEN R. ROTHMAN, New Jersey
    MATT SALMON, Arizona                 JIM DAVIS, Florida
    AMO HOUGHTON, New York               EARL POMEROY, North Dakota
    TOM CAMPBELL, California             WILLIAM D. DELAHUNT, Massachusetts
    JOHN M. McHUGH, New York             GREGORY W. MEEKS, New York
    KEVIN BRADY, Texas                   BARBARA LEE, California
    RICHARD BURR, North Carolina         JOSEPH CROWLEY, New York
    PAUL E. GILLMOR, Ohio                JOSEPH M. HOEFFEL, Pennsylvania
    GEORGE P. RADANOVICH, California     [VACANCY]
    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
    THOMAS G. TANCREDO, Colorado             Samoa
    DAN BURTON, Indiana                  EARL F. HILLIARD, Alabama
    CASS BALLENGER, North Carolina       BRAD SHERMAN, California
    PETER T. KING, New York              WILLIAM D. DELAHUNT, Massachusetts
    MATT SALMON, Arizona                 GREGORY W. MEEKS, New York
                Grover Joseph Rees, Subcommittee Staff Director
             Jeffrey A. Pilch, Democratic Professional Staff Member
                          Douglas C. Anderson, Counsel
                        Marta Pincheira, Staff Associate

                                C O N T E N T S

                                  ----------
                                                                       Page

    Markup of H. Con. Res. 395, Expressing the sense of the Congress
      condemning the September 6, 2000, militia attack on United
      Nations refugee workers in West Timor and calling for an end to
      militia violence in East and West Timor........................     1
    Markup of H. Res. 398, calling upon the President to provide for
      appropriate training and materials to all Foreign Service
      officers, United States Department of State officials, and any
      other executive branch employee involved in responding to
      issues related to human rights, ethnic cleansing, and genocide,
      and for other purposes.........................................     3
    Markup of S. 1453, a bill to facilitate famine relief efforts and
      a comprehensive solution to the war in Sudan...................    10
    Markup of H. Res. 577, to honor the United Nations High
      Commissioner for Refugees (UNHCR) for its role as a protector
      of the world's refugees, to celebrate UNHCR's 50th anniversary,
      and to praise the High Commissioner Sadako Ogata for her work
      with UNHCR for the past 10 years...............................    13

                                    APPENDIX

    Text of H. Con. Res. 395.........................................    17
    Text of H. Res. 398..............................................    23
    Text of S. 1453..................................................    34
      Amendment offered by Hon. Christopher H. Smith.................    51
    Text of H. Res. 577..............................................    56
      Amendment offered by Hon. Christopher H. Smith.................    59

    Additional material submitted for the record:

    Statement of Hon. Joseph Crowley on H. Con. Res. 395.............    62
    State of Hon. Joseph Crowley on H. Res. 398......................    64

            H. CON. RES. 395, H. RES. 398, S. 1453, AND H. RES. 577

                                  ----------

                          THURSDAY, SEPTEMBER 21, 2000

                      House of Representatives,
                          Subcommittee on International
                                   Operations and Human Rights,
                          Committee on International Relations,
                                                        Washington, DC.
        The Subcommittee met, pursuant to call, at 10:36 a.m. in
    Room 2200, Rayburn House Office Building, Hon. Christopher H.
    Smith [Chairman of the Subcommittee] presiding.
        Mr. Smith. The Subcommittee meets pursuant to notice to
    take up a number of resolutions, and we will begin with H. Con.
    Res. 395 and then proceed to the Armenian resolution and then
    to the remainder of the business.
        The Chair lays the resolution, H. Con. Res. 395, before the
    Committee. The Clerk will report the title of the resolution.

                       CONSIDERATION OF H. CON. RES. 395

        Mr. Rees. H. Con. Res. 395, Expressing the sense of the
    Congress condemning the September 6, 2000, militia attack on
    United Nations refugee workers in West Timor and calling for an
    end to militia violence in East and West Timor.
        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 condemning the September 6, 2000, militia attack on
    United Nations refugee workers in West Timor and calling for an
    end to militia violence in East and West Timor.
        Mr. Smith. Without objection, the resolution is considered
    as having been read and is open to amendment at any point.
        The Chair recognizes himself for just a very brief opening
    comment and any comments of my Subcommittee colleagues, and
    then we will go to a vote.
        I am very proud to be the principal sponsor of H. Con. Res.
    395 relating to the recent killings in Indonesia and the U.S./
    Indonesia military to military relationship. Over 2 years ago,
    just before the fall of the corrupt and dictatorial Suharto
    regime, this Subcommittee held a hearing on human rights in
    Indonesia.
        Our witnesses at that hearing were Indonesian human rights
    advocates who testified first that powerful elements of the
    Indonesian military were engaging in torture, extrajudicial
    executions and other atrocities against human rights defenders
    in East Timor, West Papua and Aceh, as well as throughout
    Indonesia.
        Second, they were unanimous in their view that the close
    relationship between the United States and Indonesian
    militaries, instead of improving the human rights situation,
    had empowered and emboldened murderers and torturers. We
    actually heard from one of those witnesses who had been
    tortured, Pius Lustrilanang, who gave us riveting testimony
    about what he had endured at the hands of his torturers.
        Subsequent to that, my Staff Director, Joseph Rees, and I
    went over and met with Habibie and many others, including
    military people, raised issues of human rights, and, while we
    had some hope, many of those hopes have been dashed in recent
    days.
        Much has changed in Indonesia in the last 2 years, however.
    The government of President Wahid and Vice-President Megawati
    is doing its best to bring Indonesia once and for all into the
    community of democratic nations. East Timor has been given its
    independence.
        Unfortunately, the Indonesian military still has not gotten
    the message. Instead of accepting civilian control of the
    military, powerful elements in the military are actively trying
    to destabilize the government. They are also continuing to
    train, arm, and support the militias that have terrorized East
    Timor's refugees in the camps in West Timor, attacked and
    killed U.N. peacekeepers in border skirmishes, and have now
    killed three unarmed civilian UNHCR refugee protection workers.
        This resolution makes clear that the United States
    Government should continue to support the civilian government
    of Indonesia, but it should not resume any relationship at all
    with the military until the military stops trying to
    destabilize the government, stops giving aid and comfort to the
    murderous militias, and allows the murderers and torturers
    within its ranks to be brought to justice.
        Any other policy would send exactly the wrong message to
    the perpetrators, as well as to the victims, and I do urge my
    colleagues to support this resolution.
        I would like to recognize my friend and colleague, Ms.
    McKinney, the Ranking Member of our Subcommittee, for any
    comments she might have.
        Ms. McKinney. Mr. Chairman, I would just say that I support
    this resolution.
        Mr. Smith. Are there any other Members who would like to be
    heard on this resolution?
        If not, then the gentleman from Arizona is recognized to
    make a motion to move the resolution to the Full Committee.
        Mr. Salmon. Thank you, Mr. Chairman.
        I move that the Subcommittee report the resolution
    favorably to the Full Committee.
        Mr. Smith. Without objection, the motion is agreed to and
    will be favorably to the Committee. I thank the gentleman for
    moving the resolution.
        We now will take up H. Res. 398, and the Chair lays the
    resolution before the Committee. The Clerk will report the
    title of the resolution.

                          CONSIDERATION OF H. RES. 398

        Mr. Rees. H. Res. 398, Calling upon the President to
    provide for appropriate training and materials to all Foreign
    Service officers, United States Department of State officials
    and any other executive branch employee involved in responding
    to issues related to human rights, ethnic cleansing and
    genocide and for other purposes.
        Mr. Smith. Without objection, the Clerk will read the
    preamble and operative language of the resolution for
    amendment.
        Mr. Rees. Resolution calling upon the President to provide
    for appropriate training and materials to all Foreign Services
    officers, United States Department of State officials and any
    other executive branch employee involved in responding to
    issues related to human rights, ethnic cleansing and genocide
    and for other purposes.
        Mr. Smith. Without objection, the resolution is considered
    as having been read and is open to amendment at any point.
        At this point, I would like to make a few opening comments
    and will yield to any Member of the Subcommittee who would like
    to make any comments and perhaps offer any amendments to the
    resolution.
        The Subcommittee again meets this morning to consider H.
    Res. 398. It urges the President to start calling the Armenian
    genocide by its rightful name. It also calls on the Secretary
    of State to ensure that U.S. diplomats and other officials are
    familiarized with the facts about the Armenian genocide.
        In 1915, there were about 2,000,000 Armenians living in
    what was then the Ottoman Empire, in a region that they had
    inhabited for 2,500 years. By 1923, well over 90 percent of
    these Armenians had disappeared. Most of them, as many as
    1,500,000, were dead. The remainder had been forced into exile.
        The United States Ambassador to Turkey at the time,
    Ambassador Henry Morgenthau, accused the government of the
    empire of a ``campaign of race extermination.'' The British,
    French and Russian Governments accused the Young Turk
    Government of ``a crime against humanity.'' Even the government
    of the Republic of Turkey, the successor state to the Ottoman
    Empire, tried and convicted a number of high ranking Young Turk
    officials for what the Turkish Government then called ``the
    massacre and destruction of the Armenians.''
        When the term genocide was invented in 1944, its author,
    Raphael Lemkin, illustrated the term by saying it was ``The
    sort of thing Hitler did to the Jews and the Turks did to the
    Armenians.'' Unfortunately, memories seem to have faded. The
    government of the Republic of Turkey, and some of its
    apologists in the U.S., now deny that the Armenian genocide
    ever happened.
        They do not deny that people died by the hundreds and
    thousands, but they fall back on the standard arguments used to
    defend the indefensible. They say it happened during wartime,
    that the Armenians were being deported because many of them
    were in sympathy with the enemies of the empire, and that the
    atrocities were random acts committed by civilians and by
    soldiers acting without authorization.
        These apologists dismiss contrary statements by
    representatives of the U.S., France, and England by saying that
    these officials were biased against the Ottoman Empire, but
    this dismissal ignores similar statements by Ambassadors of
    Germany and Italy who were allied with the empire in the first
    world war.
        Even among those in this country who do not deny the basic
    facts of the Armenian genocide, there often seems to be a
    conspiracy of silence. Whenever the issue threatens to surface
    in the House or Senate in Congress, we are firmly reminded by
    executive branch officials that Turkey is a NATO ally and has
    assisted us in pursuing important strategic objectives in the
    Middle East and elsewhere.
        Germany is also an important ally, and these same officials
    would never dream of denying or ignoring the Holocaust. Friends
    do not let friends commit crimes against humanity, or refuse to
    come to terms with such crimes once they have happened.
        Furthermore, H. Res. 398 is not even directed at the
    Republic of Turkey per se, and it does not call on the United
    States to urge present day Turkey to do anything.
        United States foreign policy must be realistic, and it must
    be flexible, but it also must not be complicit in a conspiracy
    of silence about genocide. This resolution is an important step
    toward ending that silence and deserves to pass because at its
    core it simply reaffirms that the United States foreign policy
    should begin by telling the truth.
        I would like to thank Congressman Radanovich, Congressman
    Bonior, and Mr. Rogan for their efforts in introducing this
    bill, and I strongly urge my Subcommittee colleagues to support
    it.
        I would like to yield to Ms. McKinney for any opening
    comments she might have.
        Ms. McKinney. Thank you, Mr. Chairman.
        I would just like to pass a word of warning to those
    lobbyists who would come here and give us disinformation,
    misinformation or outright lies. They forever shatter their
    credibility, at least with this representative.
        I have been shocked, outraged and appalled at the things
    that have been said to me about this resolution. Outrageous
    things have been said, suggesting that the Armenian genocide
    never happened or that since Turks were killed too it should
    not be called a genocide.
        In this place, I have vowed to never cast a vote that I
    regret. I have done that once, and I say I will never do it
    again. I, quite frankly, do not think this resolution goes far
    enough, but this is the resolution that we have before us today
    and so I will proudly cast my aye vote in support of this
    resolution.
        Mr. Smith. Thank you, gentlelady.
        Would any other Member of the Subcommittee--the gentleman
    from Indiana, Mr. Burton?
        Mr. Burton. Well, I have a prepared statement, which I will
    read in just a minute, but let me just say that this issue--I
    have been here 18 years, and I have been involved in this
    debate I do not know how many times. I have gone to the Floor
    with historical texts that talk about a genocide, and at the
    same time I had an equal or larger number of texts that had
    opposition views. There is no consistency in the views of all
    the things that happened.
        Now, last week we saw some pictures of people who died
    during this period. It was heart wrenching, gut wrenching, and
    there is no question that some human rights violations were
    violated, but the whole story needs to be told. Three million
    Turks died during that period of time, and there were many so-
    called genocide or human rights violations on the other side as
    well.
        Now let me read my statement, and then I want to elaborate
    just a little bit further, Mr. Chairman. I hope you will bear
    with me. I am going to try to be brief because I know everybody
    has to be someplace else.
        Members last week heard testimony that established, in my
    view, beyond a doubt that reasonable people can disagree on
    this subject. We talked about other genocides that took place
    like with the American Indians and what is going on in the
    Sudan with the Christians, what is going on in Kashmir and
    Punjab at the hands of the Indian Government, what is going on
    between the Hutus and the Tutsis in Africa. I mean, there is a
    whole host of them that have been going on, and none of them
    are mentioned.
        I have an amendment in the nature of a substitute, but I am
    not going to bring it up today. I may bring it up at some point
    later in the process. For now let it be known that House
    Resolution 398 is seriously flawed. It is narrow, and it is
    one-sided; narrow because it puts forward only one example of
    man's inhumanity to man, and one-sided because it does not even
    get that example, in my opinion, straight.
        The resolution is also unnecessary. The Director General of
    the Foreign Service appeared before the Subcommittee last week
    and testified that the training called for in the resolution is
    already being given to the relevant personnel who serve in
    Turkey and Armenia.
        Finally, Mr. Chairman, let the record show that this
    resolution is dangerous. It is even more dangerous today than
    it was a week ago. Since we last met, Saddam Hussein has pushed
    the level of tension in the Persian Gulf to a level approaching
    that of the summer of 1990 when we had to go over there with
    550,000 people and fight a war.
        The press was reporting last weekend that there have been
    Iraqi incursions of Kuwaiti air space. Saddam has escalated the
    rhetoric using the same justification to invade Kuwait that he
    used in 1990, and military forces, our forces over there, are
    on heightened alert.
        I will tell you one thing for sure. If Saddam has an
    October surprise for the American people, the importance of
    Turkey as an ally and a strategic partner will once again be
    self-evident to everyone, and we may rue the day that we passed
    this resolution.
        Let me just say we have bases in Turkey that we are
    enforcing the no fly zone right now. We have hundreds of troops
    in Turkey that are working as support troops to make sure that
    we enforce the no fly zone. If Turkey were to close down our
    bases over there and not allow us to use the no fly zone and
    have our troops leave for some reason, then I want to tell you
    it would be a green light for Saddam Hussein. We would have to
    put more aircraft carriers over there and prepare, and I do not
    think we are ready to do that again.
        You know, back in 1990, the first foreign leader President
    Bush spoke to after Saddam Hussein invaded Kuwait was Margaret
    Thatcher. The second one he spoke to was Turgut Ozal, the
    president of Turkey. We could not have waged the Desert Shield
    and Desert Storm War without Turkey. They were an integral part
    of that, and we are not going to contain Saddam today without
    Turkey.
        Let me just end up by saying this. They have been a NATO
    ally with us for a long, long time. They have been with us in
    every conflict I can think of. They have always been an ally.
    They have stuck with us through thick and thin.
        We are going back 85 years, and there are historical
    differences of opinion on this whole issue. We are going to go
    back 85 years, and if we pass this resolution we are going to
    kick a very strong ally that is very necessary for our purposes
    because we get about 50 percent of our oil from that part of
    the world. We are going to kick them right where it hurts, and
    we are supposed to expect them to just say oh, that is okay.
        I do not think you are going to get that result. We have
    all been lobbied on this, as has been mentioned by the
    gentlelady a few minutes ago. Some do not like it. Some do not
    agree with some of the things that have been said, but the one
    thing the lobbying has done is shown that Turkey is very, very
    upset and concerned about this, and they are a big ally.
        To do this right now in the last 2 weeks of this session or
    last 3 weeks I think is a great mistake, and it could come back
    to haunt us.
        I yield my time.
        Mr. Smith. Thank you, Mr. Burton.
        Mr. Faleomavaega?
        Mr. Faleomavaega. Mr. Chairman, I think whenever we mention
    the word genocide, to me it is an ugly word in the English
    language not only as a matter of history what happened to the
    Armenian people, but I think something that happens to any
    group of people or any race or nationality.
        Whatever may have happened in that course of history during
    the Ottoman Empire, I would be the last Member of this
    Committee to say that I am an expert on what happened during
    those early years of the 1900's in the Ottoman Empire, what
    happened to what then was known as part of the Ottoman Empire.
        I do not know if we should place the series of events that
    occurred in that period of time to the current government, for
    which I understand, it is my understanding, when you say
    Turkish people does it mean by ethnicity? Does it mean by
    revision? Does it mean by culture? Because it is my
    understanding the Balkans, Armenia and all those areas--it gets
    a little too complicated for me as to who is a Turk and who is
    not.
        It is my understanding for almost some 100 years some
    5,000,000 Muslim Turks were killed out of starvation or because
    of the tremendous amount of wars that took place in that region
    of the world.
        I do not know if this resolution goes far enough, in my
    humble opinion, in addressing the needs of the concerns of the
    Armenian community here in America, no more than I would
    suggest to the genocide if I were to suggest it happened to the
    Native American Indians, the genocide against African-
    Americans, the genocide, if this is the word that we use so
    loosely.
        When do we put the word genocide? Two hundred and fifty
    thousand people murdered and tortured? Six million Jews?
    Twenty-five million Russians during the Stalin era? Shall we
    put the onus on the Russian Government of what Stalin did to
    some 25,000,000 people who were tortured and murdered at that
    period of time?
        This is the thing that troubles me about the substance of
    the resolution. If we are going to be putting something on the
    Armenians, for which I do not think there is any question in
    anybody's mind. We recognize that. It is my understanding
    President Clinton every year makes an official proclamation
    throughout our nation to recognize this terrible act committed
    against the Armenian.
        No more than I would suggest about the genocide of the
    Japanese military regime during World War II, the genocide. If
    we have a criteria or number here that we are talking about, to
    then consider something as genocide. If 5,500,000 millions
    Turks were murdered in a 100 year period because they were
    Muslims, is that considered a genocide?
        Again my limited knowledge of history, but to suggest if it
    was just the Armenians who were killed, my understanding is
    that some Armenians sided with the Russians, and was the bitter
    enemy of the Ottoman Empire where wars were constantly fought
    between the Ottoman Empire and the Austrian Empire and the
    Russian Empire. There were many empires during that period of
    time.
        There is no question that the Ottoman Empire died after
    World War I, and as of 1923 the Republic of Turkey was founded.
    I think if we were to fully examine the substance of the people
    who now live in Turkey, they are not all Turks. There are
    Armenians living there, too, and people from all different
    areas in the Balkans. I am having a problem here with the
    resolution to that extent, Mr. Chairman.
        If we are going to be addressing a genocide that has
    occurred toward the Armenians, let us also address the issues
    that are genocidal--I do not know if there is such a word in
    the English language. Let us talk about Pol Pot and the
    2,000,000 Cambodians that he murdered and tortured, the piles
    and mountains of skeletons and skulls that we see so often in
    the pictures. So if we are going to be passing this resolution
    to approve the situation to relate to the sufferings of the
    Armenian people, let us also do it for all these other people.
        Something also that is happening, Mr. Chairman, that I want
    to share. Never once did Turkey, throughout the 40 year period
    in our relationship during the height of the Cold War, never
    once did this country flinch in its commitment and
    responsibility in fighting against Communism, in allowing us to
    put up our strategic and military resources to fight Communism,
    if that was our national policy during that period of time.
        Never once did I hear Turkey say well, maybe not. France
    did. France did. Our own democratic ally supposedly was
    constantly giving us a hard time during that 40-year period.
    Turkey never once flinched in that responsibility.
        I am not trying to put some kind of a defense mechanism
    with whatever happened during that time to the Ottoman Empire.
    My question is if we are going to go back to the Ottoman
    Empire, let us go back to those eras. I have suggested earlier
    that we should also consider resolutions in total. Let us
    review. Let us hold hearings. Let us do something here so that
    there is a sense of fairness in what we are doing here.
        If we are singling out Armenia and the things that happens,
    and God bless them. I am totally for the concept that the
    genocide that was committed against Armenia ought to be
    rectified in some way, but let us also talk about fairness on
    other events that transpired 50 years ago or maybe 100 years
    ago, and this is where my concern comes in, Mr. Chairman, that
    the resolution does not go far enough. I just wanted to note
    that for the record.
        Mr. Smith. Thank you, Mr. Faleomavaega.
        I would like to recognize the gentleman from California,
    Mr. Sherman.
        Mr. Sherman. I would like to address what I think are the
    two principal issues brought up by speakers questioning the
    wisdom of this resolution.
        The first is that this resolution does not describe all the
    genocides. Just a few miles from here is the Holocaust Museum.
    Funded in part by this Congress every year, every year this
    Congress recognizes the genocides that are memorialized there,
    most especially the Holocaust.
        What happened to the Tutsi people in Africa, what happened
    to so many peoples around the world is well taught to our
    diplomats and is part of every history course in America, at
    least at the college level.
        This is the one genocide as to which the last element of
    the genocide is in progress now because the last element of a
    genocide is genocide denial; first to kill off people and then
    to kill off the memory that they were killed.
        Hitler tried to kill all the Jews of Europe, and a few
    misguided officials of a now defunct empire tried to kill the
    Armenians of Eastern Anatolia. We ought to recognize it
    precisely because so much effort is being put into denying it.
        We will pass other resolutions. Keep in mind the argument
    that a resolution is not complete can be used to defeat every
    resolution that comes before our Committee and Subcommittee. We
    are going to commend Slovakia I believe on the conclusion of
    democratic elections. What about the elections in Britain or
    Canada? We are not going to mention those in that particular
    resolution. Every resolution we deal with deals with a
    particular international issue and does not deal with
    necessarily similar issues in other parts of the world.
        The second argument is that the exigencies and
    practicalities of current American policy in the Middle East
    should control our behavior; that recognizing a genocide is
    less important than military bases. Let us remember that
    Germany played a critical role in our success in the Cold War
    and in our success in the Gulf War. Bases on German soil were
    just as important as those in any other country, and if Germany
    told us that in order to get along for the future we should go
    down to that Holocaust Museum and tear it down brick by brick,
    that some future German Government wanted to deny what the
    German Government did in the 1930's and 1940's, we would say
    no, and that no would be deafening.
        We cannot deny a genocide in the past because it provides
    us with some slight political benefit at the present, some
    opportunity to base our planes here or there, because
    ultimately America's power in the world is not based on bases.
    It is based upon the image that the United States can be
    trusted as the world's only superpower because to a greater
    extent than any other superpower that has existed on this
    planet, we have our decisions grounded in values, and if we
    start denying genocides because of current practical
    considerations then the Holocaust Museum could be torn down
    brick by brick if only the political mood in Germany was
    different.
        I would hope that the Turkish Government would join so many
    other governments around the world in recognizing that its
    predecessor governments committed some terrible acts. The first
    step in repairing the problems in this area would be for the
    Turkish Government to acknowledge what our government ought to
    acknowledge with this resolution, and that is that a genocide
    occurred. It occurred. It was perpetrated by people who are no
    longer alive, by a government no longer in existence. Let us
    acknowledge that, and then let us move on.
        Thank you.
        Mr. Smith. Thank you, Mr. Sherman.
        The Chairman announced that there is a vote occurring on
    the Floor. Mr. Radanovich, who was the prime sponsor of H. Res.
    398, had intended to speak to the Subcommittee and has waived
    that in lieu of the fact that some Members have to get on to
    other Committee assignment work.
        Mr. Crowley, too. I had invited him to say a few words, but
    in the interest of time we are going to move right to a vote.
    We would welcome your statement for the record.
        Are there any other Members seeking recognition? If not,
    the gentlelady from Georgia is recognized for a motion.
        Ms. McKinney. I move that the Subcommittee report the
    resolution favorably to the Full Committee, Mr. Chairman.
        Mr. Smith. Without objection, the motion is agreed to.
        The question is on the motion from the gentlelady from
    Georgia. All those in favor of the motion say aye.
        [Chorus of ayes.]
        Mr. Smith. All those opposed say no.
        [Chorus of noes.]
        Mr. Smith. The ayes have it, and the motion is agreed to.
        Mr. Burton. Mr. Chairman, I hope the record will reflect my
    opposition to the resolution.
        Mr. Smith. Without question.
        Without objection, the chief of staff may make technical,
    conforming and grammatical amendments to the measure and may
    prepare a substitute reflecting the Committee's action as a
    single amendment.
        The Subcommittee will stand in recess for about 10 minutes
    or so so Members can make the vote.
        [Recess.]
        Mr. Smith. The Committee will resume its hearing on the
    markup of S. 1453, the Sudan Peace Act.
        The Chair lays the bill before the Committee, and the Clerk
    will report the title of the bill.

                            CONSIDERATION OF S. 1453

        Mr. Rees. S. 1453, An Act to facilitate famine relief
    efforts and a comprehensive solution to the war in Sudan.
        Mr. Smith. Without objection, the Clerk will read the
    preamble and the operative language.
        Mr. Rees. Be it enacted by the Senate and House
    representatives of the United States of America in Congress
    assembled, Section 1, Short Title. This action may be----
        Mr. Smith. Without objection, the resolution is considered
    as having been read and is open to amendment at any point.
        I do have an amendment at the desk. I am going to ask the
    Clerk to report the amendment.
        Mr. Rees. Amendment to S. 1453 offered by Mr. Smith of New
    Jersey. Page 10, strike line 14 and all that follows through
    line 16 on page 11 and insert the following. Section 7,----
        Mr. Smith. Without objection, the objection is considered
    as having been read.
        The Chair recognizes himself for an opening statement and
    then yield to my good friend Mr. Payne, a Member of the Full
    Committee, and a very active Member of this Subcommittee, even
    though he is not on it.
        The Government of Sudan's genocidal religious war against
    the non-Muslim peoples of southern Sudan have turned the south
    into, in the words of one Sudanese priest, ``the hell of the
    earth.'' Enslavement, calculated starvation, forced conversion
    and the aerial bombardment of civilian targets such as schools,
    churches, and hospitals are still methods of terror favored by
    the National Islamic Front Government.
        Unfortunately, Khartoum has also begun generating the
    revenue it needs to extend its self-described jihad by
    developing Sudanese oil resources.
        S. 1453, the Sudan Peace Act, is an important first step
    toward addressing the crisis in that war torn region. Among
    other things, the bill condemns slavery and other human rights
    violations perpetrated by the Khartoum regime, expresses
    support for the IGAD sponsored peace process, expresses a sense
    of Congress on several subjects relating to the improvement of
    relief services in the south of Sudan, authorizes an additional
    $16,000,000 for rehabilitation assistance to areas of Sudan not
    controlled by the government in the north, and requires the
    President to report to Congress on several aspects of the
    conflict, as well as options available to the U.S. for
    providing non-lethal assistance to members of the National
    Democratic Alliance.
        These are all good things, but the horrors of the Sudan
    have already claimed more than 2,000,000 lives and demand more
    than an expression of concern and new reporting requirements.
    They require concrete action.
        For this reason, I strongly support an amendment that I
    will be offering momentarily which reinstates certain sanctions
    that were present in both the House and Senate introduced
    versions of the bill.
        Unless the President can certify that Khartoum has made
    significant progress toward peace and respect for human rights,
    the amendment would impose certain trade and financial
    sanctions intended to keep the government of Sudan from raising
    funds in U.S. capital markets. The robust U.S. economy should
    not be used to underwrite an ongoing genocide.
        I would like to yield to my good friend Mr. Payne for any
    comments he might have.
        Mr. Payne. Thank you very much, Mr. Chairman, and thank you
    for allowing me to continually sit in on your Committee. I
    commend you for any work that you have done.
        I would like to thank you for calling this markup on S.
    1453, the Sudan Peace Act, which replaces Representative J.C.
    Watts' bill, of which I am a co-sponsor. I have been supportive
    of peace in Sudan, as you know, for some time now, just as you
    have.
        This amendment will codify those comprehensive sanctions
    the Administration placed on Sudan November 4, 1997, and is in
    line with what Senator Brownback introduced in the Senate
    Conference Committee. The sanctions cover the sale of stocks
    and other financial instruments that support financial
    transactions with Sudan. This has proven very effective with
    Talisman Energy, Inc., a Canadian firm operating in Sudan whose
    stocks have plummeted because of public outrage on this issue.
    Similar leverage was placed on South Africa during the height
    of apartheid in the 1980's and early 1990's.
        The people of Sudan continue to suffer under the brutal
    dictatorship of the extremist National Islamic Fund Government.
    Over the past decade, an estimated 2,000,000 people have died
    due to famine and war related causes. In 1998 alone, an
    estimated 100,000 people died because the NIF Government denied
    United Nations humanitarian much needed food aid to be
    delivered into the needy parts of the south.
        As we debate this bill, many more people will die due to
    the National Islamic Fund Government's deliberate and
    indiscriminate bombing of civilian targets, including hospitals
    and schools.
        During my trips there, we were warned that the bombs might
    come, and we, as I have mentioned before, watched the chickens
    because they could hear the planes, the Antinoffs, old Russian
    planes that would be coming. Then the children would run, and
    then people would try to go under trees or wherever they can to
    be out of sight. The last time they simply bombed a hospital
    and a school. In the past several months alone, the Sudan
    Government has bombed over a dozen civilian targets, including
    a hospital run by the Samaritan Purse in Lee in southern Sudan.
        A whole generation of southern Sudanese is dying, Mr.
    Chairman, while the international community turns a blind eye
    to the suffering of the helpless. An entire generation of
    children are not being educated, which in itself is a human
    travesty. What does it take to get the attention of the
    international community to end this unnecessary suffering of
    the innocent?
        In 1994, the United States and the rest of the world
    watched while 1,000,000 were being hacked to death in Rwanda.
    We could have done something to save the lives, but we did not.
    We can make a difference in Sudan if we act now.
        Mr. Chairman, I am tired of simply talking about the number
    of people being maimed, killed, enslaved and forcibly displaced
    in Sudan, for it has gotten us nowhere. I am also weary of
    making false promises to the people of southern Sudan that
    their suffering will come to an end, their children will be
    emancipated from slavery, and the bombs will cease to fall from
    the sky.
        I am sickened and saddened to see an innocent child blown
    to pieces in school while the international community watches
    with indifference. I am pleading with you and the people of the
    world and the United States and our Congress and our
    Administration to do the right thing. Let us help bring an end
    to the suffering of the helpless.
        Mr. Chairman, the least we can do is to assist those
    protecting the defenseless citizens. The least we can do is to
    provide funds for non-lethal assistance, such as medicine,
    vehicles, field hospitals and communications equipment,
    including a radio transmitter to counter the NIF propaganda.
        The NIF Government is using its newfound oil revenues to
    buy arms to destroy the opposition. We should not allow the
    extremists to win. We must help create a level playing field if
    there is going to be meaningful negotiations and a just
    settlement to this conflict.
        We must do more to bring a just peace in Sudan. I urge my
    colleagues to support this resolution, which calls for support
    for groups protecting civilians against indiscriminate
    bombings, slavery and terror.
        Thank you very much, Mr. Chairman. Let me commend you again
    for your steadfastness on this issue. With that, I yield back
    the balance of my time.
        Mr. Smith. Thank you very much I say to my good friend from
    New Jersey for his ongoing and longstanding support of human
    rights around the world and especially for Africa, which gets
    scant attention in Congress and from the executive branch,
    whether Republican or Democrat. Again, I think this resolution
    helps, but it certainly is not a panacea. It is a step in the
    right direction.
        The question occurs on the amendment, the Chairman's
    amendment. All those in favor of the amendment will say aye.
        [Chorus of ayes.]
        Mr. Smith. All those opposed say no.
        [No response.]
        Mr. Smith. The ayes appear to have it, and the amendment is
    agreed to.
        I now move that this bill, S. 1453, as amended, be reported
    favorably to the Full Committee.
        The question is on my motion. All those in favor of the
    motion say aye.
        [Chorus of ayes.]
        Mr. Smith. All those opposed say no.
        [No response.]
        Mr. Smith. The ayes have it, and the motion is agreed to.
        Without objection, the chief of staff may make technical,
    conforming and grammatical amendments to the bill as passed.
        Again, I want to thank my good friend very much for
    participating and for his great work.
        We have one final piece of business for the Subcommittee to
    address. We will now consider H. Res. 577, and the Clerk will
    report the measure.

                          CONSIDERATION OF H. RES. 577

        Mr. Rees. H. Res. 577, To honor the United Nations High
    Commissioner for Refugees [UNHCR] for its role as a protector
    of the world's refugees, to celebrate UNHCR's 50th anniversary
    and to praise the High Commissioner Sadako Ogata for her work
    with UNHCR for the past 10 years.
        Mr. Smith. Without objection, the Clerk will read the
    preamble and operative language of the resolution and open it
    for amendment.
        Mr. Rees. A resolution to honor the United Nations High
    Commissioner for Refugees UNHCR for its role as a protector of
    the world's refugees----
        Mr. Smith. Without objection, the resolution is considered
    having been read and is open to amendment at any point.
        I would just like to make a very few brief comments on this
    resolution, H. Res. 577. I am proud to be a co-sponsor of this
    resolution introduced by my good friend and colleague, Tony
    Hall, whose commitment to human rights and humanitarian
    principles is well known. The resolution celebrates the 50th
    anniversary of the office of the United Nations High
    Commissioner for Refugees, commends the UNHCR for its good work
    over the years, and congratulates the present High
    Commissioner, Dr. Ogata, who will be retiring in December.
        As the resolution points out, it is important that the
    UNHCR never forget that at the heart of its mandate is
    protection. Donor countries like the United States often forget
    this. Our contributions for refugee protection around the world
    is about 20 percent lower than it was 5 years ago, and most of
    the countries have done even worse.
        Countries of first asylum, to which refugees have fled from
    persecution or the fear of persecution, often wish that they
    would just go away, and sometimes the brutal regimes from which
    they fled are only too happy to have them back, so there is
    always pressure on UNHCR to pretend that mass repatriation
    would be safe, when it is in fact very dangerous, or to pretend
    that repatriation is voluntary, when in fact the refugees and
    asylum seekers are given no choice.
        Occasionally, as in the so-called Comprehensive Plan of
    Action for asylum seekers from Indochina, the UNHCR has yielded
    to this pressure. On these occasions, I and other Members of
    Congress have been among UNHCR's strongest critics. On many
    other occasions, however, UNHCR has stood up for the principle
    of protection even at great risk to its own institutional
    interest. This resolution celebrates those instances of courage
    and compassion over the last 50 years and particularly during
    the stewardship of Dr. Ogata.
        I will be offering a technical to perfect the amendment
    that was drafted with the assistance of the bill sponsor, and I
    urge that the resolution be reported favorably.
        Mr. Payne?
        Mr. Payne. Thank you, Mr. Chairman. I would like to commend
    you and Mr. Hall for your support of this resolution honoring
    Mrs. Ogata.
        I have had the privilege of working in the area of refugees
    for many, many years as a member of the National Board of the
    YMCA in its International Division. I was elected to the YMCA's
    World Alliance Committee and work with refugees and
    rehabilitation back in 1969, and I served on that Committee up
    until 1981 and as its chair from 1972 to 1981.
        Our sole responsibility of our three times we would meet in
    Geneva would be dealing with refugees and trying to
    rehabilitate them, so there is a job that many people realized
    to understand the magnitude of the problems of refugees. It is
    enormous.
        I have had the good fortune to meet with Ms. Ogata on a
    number of occasions. We were in Goma together when the refugees
    from Rwanda went into Goma in eastern Zaire back in the early
    1980's or early 1990's. She has been there fighting for the
    rights of refugees saying that they have a right to be out of a
    country. They should not be forced back. She has made some very
    strong stands, and so I could not agree with you more.
        Just the other day she went to the Taliban up in
    Afghanistan, and she personally went up to the leadership of
    that very brutal organization and chastised them on their
    treatment of women. She is a brave, brave person, very
    committed, and I would like to add my support about her great
    work and the work of the UNHCR in its 50th anniversary, Mr.
    Chairman.
        Mr. Smith. Thank you, Mr. Payne.
        Just so the record will reflect it, we are working right
    now on trying to beef up the appropriations for the refugee
    budget. As you know, M. Payne, because you were very helpful in
    the language, the legislation in the State Department
    reauthorization bill and Embassy Security Act, of which I was
    the prime author, had $750,000,000 for fiscal year 2001. It was
    signed by the President. It beefs it up substantially, more
    than $50,000,000 from what was appropriated last year, and now
    we are trying to get the appropriators to go up to that
    authorized level.
        We are awash in refugees, and to think that there is not
    enough money when it has been authorized and we have huge
    surpluses is not even penny wise. It is just pound foolish.
        Mr. Payne. That is right.
        Mr. Smith. So we are going to do what we can to get the
    appropriators to reach that.
        I have an amendment at the desk, and the chief of staff
    will report that amendment.
        Mr. Rees. Amendment in the nature of a substitute to H.
    Res. 577 offered by Mr. Smith of New Jersey.
        Mr. Smith. Without objection, the reading of the amendment
    will be dispensed with. Just to make a point, this is a
    technical amendment. It beefs up the language in the
    resolution. There were some grammatical errors in the original
    draft, which now have been rectified.
        Mr. Payne, I guess you have already had your say. Do you
    want to speak on this?
        Mr. Payne. No. That is fine. Thank you.
        Mr. Smith. I move that the Subcommittee adopt my amendment
    in the nature of a substitute. The question occurs on the
    amendment in the nature of a substitute. All those in favor of
    the amendment say aye.
        [Chorus of ayes.]
        Mr. Smith. All those opposed say no.
        [No response.]
        Mr. Smith. The ayes have it, and the amendment is agreed
    to.
        I move that the Subcommittee report the resolution, as
    amended, favorably to the Full Committee.
        The question is on the motion of the gentleman from New
    Jersey, the Chairman of the Subcommittee. All those in favor of
    the motion say aye.
        [Chorus of ayes.]
        Mr. Smith. All those opposed say no.
        [No response.]
        Mr. Smith. The ayes have it, and the motion is agreed to.
        Without objection, the chief of staff may make technical,
    conforming and grammatical amendments to the bill just passed.
        My good friend from Colorado, Mr. Tancredo, is recognized.
        Mr. Tancredo. Thank you, Mr. Chairman.
        I just wanted to make a statement with regard to the Sudan
    Peace Act and my sincere appreciation for your, number one,
    taking up the issue and, number two, for inserting the language
    with regard to sanctions into the bill.
        I could not help but be struck by the irony of the fact
    that a short time ago the United States Government was
    threatening sanctions against Peru, economic sanctions against
    Peru, because of concerns we had about their electoral process,
    and yet we were unable to come up with that same degree of
    fortitude when it comes to the conditions in Sudan. As I say, I
    could not escape the irony in that.
        I recognize full well that the inclusion of that particular
    provision makes the passage of the bill more difficult,
    certainly more problematic, but it makes the bill meaningful.
    Frankly, without it it is nothing more than a resolution, and
    so I just really came specifically to thank you very much for,
    number one, having the hearing; number two, for including that
    provision and making this a meaningful piece of legislation,
    which I recognize makes it more difficult, as I said.
        With your leadership and with other Members who I know, Mr.
    Payne especially, I have a feeling that we are going to get a
    lot farther with this than others had anticipated. That is all
    I really have to add.
        Mr. Smith. I thank the gentleman for his comments.
        Let me say and let the record reflect that the amendment
    just offered was authored by Mr. Tancredo. He wrote it, and Mr.
    Payne made a major contribution to it. It was very much a
    bipartisan resolution on the sanctions, and I want to thank him
    and Mr. Payne for their leadership on that.
        Mr. Payne. I would also like to thank Mr. Tancredo for his
    first codel. His first trip as a Member of Congress was to go
    to the south of Sudan where he witnessed also where the
    Antonovs came. You remember when we hear the stories about the
    bombings. He stayed in a hut like we do all the time and sit
    around the fires and talk, listen to the people and our good
    friend, Father--what is his name?
        Mr. Smith. Father Dan.
        Mr. Payne. Father Dan, who I see, who has been there for
    years and years. He is a former priest. He has given his life
    for refugees in Sudan and the opportunity to just meet so many
    strong people.
        I would like to commend the gentleman from Colorado for his
    strong interest in this issue.
        Mr. Tancredo. Thank you. Thank you.
        Mr. Smith. Without any further comments, that concludes the
    business of the Subcommittee. I want to thank our Members for
    being here.
        This markup is adjourned.
        [Whereupon, at 11:51 a.m. the Subcommittee was adjourned.]

                                A P P E N D I X

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                   Material Submitted for the Hearing Record