[Congressional Record Volume 144, Number 74 (Wednesday, June 10, 1998)]
[Senate]
[Pages S6053-S6054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE CONCURRENT RESOLUTION 103--EXPRESSING THE SENSE OF THE CONGRESS
IN SUPPORT OF THE INTERNATIONAL COMMISSION OF JURISTS ON TIBET AND ON
UNITED STATES POLICY WITH REGARD TO TIBET
Mr. MOYNIHAN (for himself, Mr. Helms, Mr. Leahy, Mr. Mack, Mr.
Wellstone, and Mr. Feingold) submitted the following concurrent
resolution; which was referred to the Committee on Foreign Relations:
S. Con. Res. 103
Whereas the International Commission of Jurists is a non-
governmental organization founded in 1952 to defend the Rule
of Law throughout the world and to work towards the full
observance of the provisions in the Universal Declaration of
Human Rights;
Whereas in 1959, 1960, and 1964 the International
Commission of Jurists examined Chinese policy in Tibet,
violations of human rights in Tibet, and the position of
Tibet in international law;
Whereas in 1960, the International Commission of Jurists
found ``that acts of genocide had been committed in Tibet in
an attempt to destroy the Tibetans as a religious group,...''
and concluded that Tibet was at least ``a de facto
independent State'' prior to 1951 and that Tibet was a
``legitimate concern of the United Nations even on the
restrictive interpretation of matters `essentially within the
domestic jurisdiction' of a State.'',
Whereas these findings were presented to the United Nations
General Assembly, which adopted three resolutions (1959,
1961, and 1965) calling on the People's Republic of China to
ensure respect for the fundamental human rights of the
Tibetan people and for their distinctive cultural and
religious life, and to cease practices which deprive the
Tibetan people of their fundamental human rights and freedoms
including their right to self-determination;
Whereas in December 1997, the International Commission of
Jurists issued a fourth report on Tibet, examining human
rights and the rule of law, including self-determination;
Whereas the President has repeatedly indicated his support
for substantive dialogue between the Government of the
People's Republic of China and the Dalai Lama or his
representatives;
Whereas on October 31, 1997, the Secretary of State
appointed a Special Coordinator for Tibetan Issues to oversee
United States policy regarding Tibet: Now, therefore, be it
Resolved by the Senate (the House of Representative
concurring), That Congress--
(1) expresses grave concern regarding the findings of the
December 1997 International Commission of Jurists report on
Tibet that----
(a) repression in Tibet has increased steadily since 1994,
resulting in heightened control on religious activity; a
denunciation campaign against the Dalai Lama unprecedented
since the Cultural Revolution; an increase in political
arrests; suppression of peaceful protests; and an accelerated
movement of Chinese to Tibet; and
(b) in 1997, the People's Republic of China labeled the
Tibetan Buddhist culture, which has flourished in Tibet since
the seventh century, as a ``foreign culture'' in order to
facilitate indoctrination of Tibetans in Chinese socialist
ideology and the process of national and cultural
extermination;
(2) support the recommendations contained in the report
referred to in paragraph (1) that----
(a) call on the People's Republic of China----
(i) to enter into discussions with the Dalai Lama or his
representatives on a solution to the question of Tibet based
on the will of the Tibetan people;
(ii) to ensure respect for the fundamental human rights of
the Tibetan people; and
(iii) to end those practices which threaten to erode the
distinct cultural, religious and national identity of the
Tibetan people and, in particular, to cease policies which
result in the movement of Chinese people to Tibetan
territory;
(b) call on the United Nations General Assembly to resume
its debate on the question of Tibet based on its resolutions
of 1959, 1961, and 1965, and to hold a referendum in Tibet;
and
(c) calls on the Dalai Lama or his representatives to enter
into discussions with the Government of the People's Republic
of China on a solution to the question of Tibet based on the
will of the Tibetan people;
(3) commends the appointment by the Secretary of State of a
United States Special Coordinator for Tibetan Issues----
(a) to promote substantive dialogue between the Government
of the People's Republic of China and the Dalai Lama or his
representatives;
(b) to coordinate United States Government policies,
programs, and projects concerning Tibet;
(c) to consult with the Congress on policies relevant to
Tibet and the future and welfare of all Tibetan people, and
to report to Congress in partial fulfillment of the
requirements of Sec. 536(a) of Public Law 103-236; and
(d) to advance United States policy which seeks to protect
the unique religious, cultural, and linguistic heritage of
Tibet, and to encourage improved respect for Tibetan human
rights;
(4) calls on the People's Republic of China to release from
detention the 9-year old Panchen Lama, Gedhun Choekyi Nyima,
to his home in Tibet from which he was taken on May 17, 1995,
and to allow him to pursue his religious studies without
interference and according to tradition; and
(5) call on the President, as a central objective of the
1998 presidential submit meeting with Jiang Zemin in Beijing,
to secure an agreement to begin substantive negotiations
between the Government of the People's Republic of China and
the Dalai Lama or his representatives.
Mr. MOYNIHAN. Mr. President, I offer a resolution which speaks to
many of the issues now facing the Tibetan people in their long
struggle. This has been threatened for a half-century now, but there
are efforts underway to resolve these issues. This resolution puts the
Congress on record in support of these goals.
Begin with the International Commission of Jurists (ICJ), which has
closely followed the situation in Tibet since the Dalai Lama was forced
to flee into exile. In 1959, 1960, and 1964, the ICJ examined Chinese
policies in Tibet and reported its findings to the Secretary-General of
the United Nations. The 1960 report made the important international
legal determination that ``acts of genocide had been committed
[[Page S6054]]
in Tibet in an attempt to destroy the Tibetans as a religious group . .
.'' and concluded that Tibet was at least ``a de facto independent
State'' prior to 1951.
Now the ICJ has returned to the issue of Tibet and produced another
important report. It finds that repression in Tibet has increased since
1994. This is an assessment which my daughter Maura shares after having
visited Tibet and having worked closely for many years with Tibetan
refugees who continue to make the dangerous journey over the Himalayan
mountains to flee persecution in their homeland.
In 1996 she returned from Tibet to report,
. . . in recent months Beijing's leaders have renewed their
assault on Tibetan culture, especially Buddhism, with and
alarming vehemence. The rhetoric and the methods of the
Cultural Revolution of the 1960s have been resurrected--
reincarnated, what you will--to shape an aggressive campaign
to vilify the Dalai Lama.
The Dalai Lama, of course, remains unstained, but it is time for the
Chinese to consider a policy of ``constructive engagement'' of their
own--with the Tibetans. The recent ICJ report calls on the People's
Republic of China to enter into discussions with the Dalai Lama or his
representatives on a solution to the question of Tibet. Mr. President,
for many years now, the United States Congress has been calling for
exactly this. I hope that while the President is in China, he will be
able to convey the importance of this issue to secure a commitment from
the Government of the People's Republic of China to begin such
discussions with the Tibetans.
In 1979, Deng Xiaoping stated that ``except for the independence of
Tibet, all other questions can be negotiated.'' The Dalai Lama has
repeatedly stated his unambiguous willingness to begin substantive
negotiations with the Chinese without preconditions, and that the issue
of independence need not be on the agenda. This is not a concession
easily made by the leader of the Tibetan people who, as the ICJ
concluded in 1960, enjoyed de facto independence before the Chinese
take-over. Nonetheless, he has made the offer sincerely, and
repeatedly, and deserves a sincere response.
The United States can help elicit such a response. In addition to the
opportunity posed by the upcoming visit by the President, we now have a
Special Coordinator for Tibetan Issues, Gregory B. Craig, whom
Secretary Albright appointed to achieve just such a result. A special
coordinator is something that our beloved Claiborne Pell proposed in
the 103d Congress and I am glad we have been able to achieve another
one of his aspirations. Having a Special Coordinator for Tibetan Issues
will better enable the Administration to facilitate a dialogue between
the Dalai Lama and the Chinese Government.
Finally, Mr. President, atheists are rarely involved in choosing
divine leaders, but the Chinese Communist Party has not only involved
itself in the selection of the eleventh Panchen Lama, but Chinese
officials have asserted that it is the party's sole right to make the
selection, and they have detained the boy the Dalai Lama recognized as
the next Panchen Lama. This resolution calls attention to this odious
infringement on religious freedom.
The Tibetans--I think I am correct in saying--above all value their
ability to practice religion. Religion infuse every aspect of Tibetan
culture. We cannot begin to comprehend the affront to Tibetans of
having an important religious figure detained and declared illegitimate
by the Communist Party. Add to that affront that another boy is
produced by the Party and proclaimed as the religious leader.
This resolution calls for the release of 9-year old Gedhun Choekyi
Nyima, the boy selected by the Dalai Lama as the next Panchen Lama, who
has been under detention for 3 years.
The Senate has always maintained strong support for the Tibetan
cause. This resolution continues that tradition. I especially wish to
thank my colleague, the Chairman of the Foreign Relations Committee,
Senator Helms, for his outstanding leadership on this issue. We are
also joined in this effort by Senators Leahy, Mack, Wellstone, and
Feingold. I thank them for their support.
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