[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Pages S11638-S11640]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                RELATIVE TO CAMBODIA HUMAN RIGHTS RECORD

  Mr. NICKLES. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 629, Senate 
Resolution 285.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 285) expressing the sense of the 
     Senate that the Secretary of State should make improvements 
     in Cambodia's record on human rights, the environment, 
     narcotics trafficking and the Royal Government of Cambodia's 
     conduct among the primary objectives in our bilateral 
     relations with Cambodia.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the resolution?
  There being no objection, the Senate proceeded to consider the 
resolution, which had been reported from the Committee on Foreign 
Relations, with amendments:
  (The part of the resolution intended to be stricken are shown in 
boldface brackets and the parts of the resolution intended to be 
inserted are shown in italic.)

     [ers, and helped finance both the Royal Cambodian Armed 
     Forces and the Khmer Rouge in their civil war; and
       [Whereas the desire to cite Cambodia United Nations 
     peacekeeping success story has stifled official international 
     expressions of concern about deteriorating conditions in 
     Cambodia: Now, therefore, be it]
       Whereas the Paris Peace Accords of 1991 and the successful 
     national elections of 1993 brought two decades of civil war 
     nearer to cessation, demonstrated the commitment of the 
     Cambodian people to democracy and stability, and led to the 
     creation of a national constitution guaranteeing fundamental 
     human rights;
       Whereas since 1991 the international community has 
     contributed almost $2 billion to peacekeeping and national 
     reconstruction in Cambodia and currently provides over 40 
     percent of the budget of the Royal Government of Cambodia 
     (RGC);
       Whereas recent events in Cambodia--including the arrest and 
     exile of former Foreign Minister Prince Sirivudh, the 
     expulsion of former Finance Minister Sam Rainsy from the 
     FUNCINPEC Party and the National Assembly, a grenade attack 
     against members of the independent Buddhist Liberal 
     Democratic Party of Cambodia, mob attacks against pro-
     opposition newspapers, the assassination of journalist and 
     Khmer National Party member Thun Bunly,

[[Page S11639]]

     and harassment of other journalists--suggest that Cambodia is 
     sliding back into a pattern of violence and repression;
       Whereas the RGC has failed to investigate fully incidents 
     of political violence and prosecute the perpetrators;
       Whereas, the RGC, without appropriate prior consultation 
     with the Cambodian Parliament and despite protestations from 
     Cambodians residing both inside the country and overseas, has 
     obtained from King Sihanouk an amnesty for Ieng Sary, the 
     former deputy Prime Minister of the Khmer Rouge and brother-
     in-law of Khmer Rouge leader Pol Pot during the period when 
     the Khmer Rouge murdered as many as two million innocent 
     Cambodians;
       Whereas that amnesty may allow Ieng Sary to fully 
     reintegrate into Cambodian society and from a political party 
     that may participate in upcoming elections;
       Whereas, Ieng Sary has disavowed any responsibility for the 
     genocide perpetrated by the Khmer Rouge against the Cambodian 
     people;
       Whereas, the Cambodian Genocide Justice Act states that it 
     is the policy of the United States to support efforts to 
     bring to justice members of the Khmer Rouge for their crimes 
     against humanity, and in circumstances which the President 
     deems appropriate, to encourage the establishment of a 
     national or international criminal tribunal for the 
     prosecution of those accused of genocide in Cambodia and to 
     provide such national or international tribunal with relevant 
     information;
       Whereas, rampant corruption in the RGC has emerged as a 
     major cause of public dissatisfaction, which--when expressed 
     by politicians and the press--has resulted in government 
     crackdowns;
       Whereas, Cambodia has been added to the Department of 
     State's list of major narcotics trafficking countries, though 
     Cambodia has been certified by the President as cooperating 
     fully with the United States or taking adequate steps on its 
     own to achieve full compliance with the goals and objectives 
     established by the United Nations Convention Against Illicit 
     Traffic in Narcotic Drugs and Psychotropic Substances;
       Whereas, the RGC--in contravention to the Cambodian 
     Constitution--has sanctioned massive deforestation and timber 
     exploitation which has devastated the environment, endangered 
     the livelihoods of many of the country's farmers; and
       Whereas, illegal logging has helped finance both the Royal 
     Cambodian Armed Forces and the Khmer Rouge in their civil 
     war: Now, therefore, be it
       Resolved, [That it is the sense of the Senate that--
       [(1) among the primary objectives in U.S. policy toward 
     Cambodia should be improvements in Cambodia's human rights 
     conditions, environmental and narcotics trafficking record, 
     and the RGC's conduct;
       [(2) the Secretary of State should closely monitor 
     preparations for upcoming Cambodian elections in 1997 and 
     1998 and should attempt to secure the agreement of the RGC to 
     full and unhindered participation of international observers 
     for those elections to ensure that those elections are held 
     in a free and fair manner complying with international 
     standards;
       [(3) the Secretary of State should support the continuation 
     of human rights monitoring in Cambodia by the United Nations, 
     including monitoring through the office of the United Nations 
     Center for Human Rights in Phnom Penh and monitoring by the 
     Special Representative of the United Nations Secretary 
     General for Human Rights in Cambodia; and
       [(4) the Secretary of State should encourage Cambodia's 
     other donors and trading partners to raise concerns with the 
     RGC over Cambodia's human rights, environmental, narcotics 
     trafficking, and governmental conduct.]
     That it is the sense of the Senate that:
       (1) among the primary objectives in U.S. policy toward 
     Cambodia should be enforcement of the Cambodian Genocide 
     Justice Act, improvements in Cambodia's human rights 
     conditions, environmental and narcotics trafficking record, 
     and the RGC's conduct;
       (2) in compliance with the Cambodian Genocide Justice Act, 
     the United States should support efforts to bring to justice 
     members of the Khmer Rouge for their crimes against humanity, 
     and that the President deem it appropriate to encourage the 
     establishment of a national or international criminal 
     tribunal for the prosecution of Ieng Sary and to provide that 
     tribunal with any information available on Ieng Sary's 
     alleged involvement in the Cambodian genocide;
       (3) the Secretary of State should closely monitor 
     preparations for upcoming Cambodian elections in 1997 and 
     1998 to ensure that those elections are held in a free and 
     fair manner in compliance with international standards, and 
     toward that end should attempt to secure the agreement of the 
     RGC to full and unhindered participation of international 
     observers for those elections;
       (4) the Secretary of State should support the continuation 
     of human rights monitoring in Cambodia by the United Nations, 
     including monitoring through the office of the United Nations 
     Center for Human Rights in Phnom Penh and monitoring by the 
     Special Representative of the United Nations Secretary 
     General for Human Rights in Cambodia; and
       (5) the Secretary of State should encourage Cambodia's 
     other donors and trading partners to raise concerns with the 
     RGC over Cambodia's record on human rights, the environment, 
     narcotics trafficking and governmental conduct.

  Mrs. FEINSTEIN. Madam President, I am pleased that the Senate is 
acting today on Senate Resolution 285 with respect to Cambodia. I want 
to briefly outline why the distinguished chairman of the Senate Finance 
Committee, Senator Roth, and I offered this resolution with respect to 
Cambodia, and why we feel it is important.
  On September 12, the House of Representatives passed H.R. 1642, as 
amended by the Senate, extending most-favored-nation trading status to 
Cambodia. The legislation now awaits the President's signature, which 
is expected.
  That is as it should be. Cambodia has made tremendous strides since 
the signing of the Paris Peace Accords in 1991. The granting of MFN 
status is an important way of recognizing that Cambodia is emerging 
from the violence and repression that plagued its past. The United 
States can help Cambodia continue in its path of normalization and 
development by engaging it in a free and open trade relationship.
  But the extension of MFN status to Cambodia should not be 
misconstrued as a signal that we no longer have concerns about the 
conduct of the Royal Government of Cambodia [RGC]. Indeed, while the 
U.N.-sponsored elections of 1993 blew the air of freedom and democracy 
through Cambodia, recent events suggest that the RGC may be sliding 
backward in its safeguarding of these principles.
  Among the most concerning developments is the deterioration of the 
political rights and freedoms of opposition leaders and the press. In 
recent months:
  Former Foreign Minister Prince Sirivudh was arrested and exiled on 
trumped up charges of plotting to assassinate Second Prime Minister Hun 
Sen;
  Former Finance Minister Sam Rainsy--a persistent critic of government 
corruption, was expelled from the National Assembly and the FUNCINPEC 
Party;
  A gathering of leaders of the Buddhist Liberal Democratic Party was 
attacked with a grenade;
  Journalist and Khmer party member Thun Bunly was assassinated; and
  Other journalists have been harassed and intimidated for criticizing 
government corruption and abuse, and few of these crimes have been 
properly investigated.
  These incidents, and many others like them, suggest that Cambodia is 
in danger of slipping back into its old habits of repression. In 
addition, corruption is widespread in Phnom Penh, with many government 
officials directing money into their own pockets. Furthermore, Cambodia 
has emerged as a major center of heroin trafficking, and there is 
evidence that some government officials--including members of police 
and military units, have profited from this trade as well. The RGC, 
which has been certified as cooperating in our antinarcotics efforts, 
needs to do even more.
  Finally, despite the Cambodian Constitution's requirement that the 
RGC safeguard the environment, the RGC has allowed massive 
deforestation to take place in many areas of the country. This 
environmental degradation, a serious concern in its own right, is 
compounded by three factors:
  Unrestricted clear-cutting is threatening the agricultural 
livelihoods of numerous Cambodians, to the point where some communities 
have been destroyed by drought and floods, and famine is a serious 
concern;
  Concessions granted to timber companies are often a means of lining 
the pockets of national and local officials, adding to the corruption 
problem; and,
  Concessions granted to timber companies for logging in western 
Cambodia, where the Khmer Rouge still dominates, have enabled the Khmer 
Rouge to generate millions of dollars of income by charging the loggers 
passage fees.
  The specter of the Khmer Rouge still haunts Cambodia. That is why it 
was particularly disturbing in recent weeks to see that the RGC 
obtained from King Sihanouk an amnesty for Ieng Sary, the former Deputy 
Prime Minister of the Khmer Rouge and Pol Pot's brother-in-law.
  It should be of great concern to Members of the Senate that a former 
Khmer Rouge leader, who participated in the genocide of some 2 million 
Cambodians--rather than being charged as a war criminal, as he should 
be, and as Congress has endorsed in the Cambodian Genocide Justice 
Act--is being allowed to participate fully in Cambodia's political 
life.

[[Page S11640]]

  That is the spirit in which this resolution is offered, Mr. 
President. The United States has provided much assistance to Cambodia 
to aid in its recovery from civil war. We are now extending MFN status 
to them, another step forward in our relations.
  But we should not allow that progress to obscure our understanding of 
the serious and troubling trends beginning to emerge in Cambodia. I 
hope this resolution will help the administration send the appropriate 
message of concern over these trends.
  Mr. ROTH. Madam President, I rise today to express my thanks to my 
colleagues for their unanimous support in passing this resolution 
expressing the Senate's concerns about a series of disturbing 
developments in Cambodia.
  Recently, Congress sent to the President H.R. 1642, a bill to extend 
permanent most-favored-nation tariff treatment to Cambodia. Congress 
made it clear in that legislation that it was doing so, in part, 
because it believes normal trade relations with Cambodia could serve to 
improve the conditions in Cambodia.
  The resolution we have passed today is meant to send a parallel 
message--that the United States Senate remains deeply concerned about 
problems in Cambodia, and will continue to follow events in that 
country closely.
  Since 1991, the international community has contributed almost $2 
billion to peacekeeping and national reconstruction to Cambodia. 
Multilateral aid also provides over 40 percent of the Royal Government 
of Cambodia's annual budget.
  While the U.N.-sponsored election of 1993 brought a brief period of 
freedom and democratic improvement to Cambodia, recent developments on 
a variety of fronts suggest that Cambodia's future remains precarious 
at best.
  Most recently, the Royal Government of Cambodia, without appropriate 
prior consultation with the Cambodian Parliament and despite 
protestations from Cambodians residing both inside the country and 
overseas, obtained from King Sihanouk an amnesty for Ieng Sary. This 
man, brother-law to Khmer Rouge leader Pol Pot, served as Deputy Prime 
Minister of the Khmer Rouge during the period when that loathsome group 
murdered as many as two million innocent Cambodians. Despite his 
position during that period, Ieng Sary has--incredibly--disavowed any 
responsibility whatsoever for the genocide perpetrated by the Khmer 
Rouge.
  Just as appallingly, the amnesty granted Ieng Sary may allow him to 
fully reintegrate into Cambodian society. In fact, he appears likely to 
form a political party that he will lead into the local and national 
elections slated for 1997 and 1998.
  Among other things, this resolution states that in compliance with 
the Cambodian Genocide Justice Act, the United States should support 
efforts to bring to justice members of the Khmer Rouge for their crimes 
against humanity, that the President deem it appropriate to encourage 
the establishment of a national or international criminal tribunal for 
the prosecution of Ieng Sary and to provide that tribunal with any 
information available pertaining to Ieng Sary's alleged involvement in 
the Cambodian genocide.

  The resolution also notes that Prince Norodom Sirivudh, former Deputy 
Prime Minister and Foreign Affairs Minister was arrested by the current 
government under trumped up charges of fomenting a plot to assassinate 
the Second Prime Minister, Hun Sen. After a summary trial without 
proper defense, Prince Sirivudh was found guilty by Hun Sen-appointed 
judges and was sent into exile in France.
  Another prominent opposition leader, former Finance Minister Sam 
Rainsy was expelled from the coalition Funcinpec Party and the National 
Assembly for having criticized the RGC for its lack of transparency in 
its business deals with foreign firms. Since his expulsion, several 
members of his party have been murdered.
  A number of members of another opposition party, the Buddhist Liberal 
Democratic Party of Cambodia, headed by former Prime Minister Sonn San, 
died as a result of a grenade attack during that party's national 
convention.
  In addition, several editors and reporters from opposition newspapers 
have been assassinated. Currently, not one of these assassination cases 
has been solved.
  Corruption in Phnom Penh is rampant and Cambodia has emerged as a 
major heroin trafficking center in Asia. Finally, in contravention to 
the Cambodian Constitution, the RGC has permitted deforestation and 
timber exploitation on such a massive scale that the agricultural 
livelihoods of enormous numbers of Cambodians are now threatened.
  Madam President, all of us in this Chamber want Cambodia to become as 
swiftly as possible a peaceful, stable, prosperous, free and democratic 
member of the community of nations. The horrors the people of Cambodia 
have endured are beyond comprehension. Their resilience in the face of 
genocide, however, is a tribute to the true character of the Cambodian 
people. Mr. President, in adopting this resolution, we send an 
unmistakable message of support to the Cambodian people as they do the 
hard work of support to the Cambodia people as they do the hard work of 
restoring and renewing their country.
  Mr. NICKLES. Madam President, I ask unanimous consent that the 
committee amendment be agreed to, and the resolution be agreed to, the 
amendment to the preamble be agreed to, the preamble, as amended, be 
agreed to, the amendment to the title be agreed to, and the motions to 
reconsider the previous actions be laid upon the table, en bloc, and 
that any statements relating to the resolution appear at this point in 
the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The resolution (S. Res. 285) was agreed to.
  The preamble, as amended, was agreed to.
  The resolution, as amended, with its preamble, as amended, was agreed 
to, as follows:
  [The resolution was not available for printing. It will appear in a 
future issue of the Record.]
  The title was amended so as to read:

       A resolution expressing the sense of the Senate that 
     enforcement of the Cambodian Genocide Justice Act, 
     improvements in Cambodia's record on human rights, the 
     environment, narcotics trafficking and the Royal Government 
     of Cambodia's conduct should be among the primary objectives 
     of the United States in its relations with Cambodia.

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