[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
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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
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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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