[Congressional Record Volume 144, Number 142 (Saturday, October 10, 1998)]
[House]
[Pages H10450-H10453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPRESSING SENSE OF HOUSE OF REPRESENTATIVES REGARDING CULPABILITY OF
HUN SEN FOR WAR CRIMES, CRIMES AGAINST HUMANITY, AND GENOCIDE IN
CAMBODIA
Mr. GILMAN. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 533) expressing the sense of the House of
Representatives regarding the culpability of Hun Sen for war crimes,
crimes against humanity, and genocide in Cambodia (the former
Kampuchea, the People's Republic of Kampuchea, and the State of
Cambodia), as amended.
The Clerk read as follows:
H. Res. 533
Whereas under the Vietnamese communist occupation of
Cambodia (the former People's Republic of Kampuchea and the
State of Cambodia) between 1979 and 1989, Hun Sen was among a
large number of former Khmer Rouge members who were
designated by the Vietnamese communists as surrogate leaders
of the People's Republic of Kampuchea, where international
human rights organizations documented widespread human rights
violations;
Whereas during the period leading to internationally
supervised elections in 1993, as Prime Minister of the State
of Cambodia and a Politburo member of the communist Cambodian
People's Party (CPP), Hun Sen was responsible for the
disappearances, murder, and assassination attempts against
democratic opponents of the Cambodian People's Party;
Whereas after the Cambodian People's Party lost the 1993
national election, Hun Sen organized a military force that
threatened a military coup, resulting in his being given a
share of the Prime Minister position with Prince Norodom
Ranariddh, the election winner, and his Cambodian People's
Party maintaining control of the military, the internal
security forces, and provincial government administration;
Whereas in July 1997, Hun Sen ordered a coup d'etat against
First Prime Minister Prince Ranariddh which resulted in the
deaths of a large number of civilians caught in the crossfire
and the torture and summary execution of at least 100
government officials and the forced displacement of at least
50,000 people as assaults continued on people or communities
loyal to Prince Ranariddh;
Whereas during the period leading to the July 1998 national
election there were widespread threats, assaults, and the
suspected assassination of scores of members of parties
opposed to Hun Sen;
Whereas in September 1998, Hun Sen ordered a violent
crackdown on thousands of unarmed demonstrators, including
Buddhist monks, who supported credible investigations of
irregularities in the electoral process and the change in the
format for allocating seats in the National Assembly which
permitted Hun Sen to maintain a small edge over Prince
Ranariddh's FUNCINPEC Party and entitled Hun Sen to maintain
the post of Prime Minister, which resulted in the brutality
toward tens of thousands of pro-democracy advocates and the
deaths and disappearances of an unknown number of people, and
led to widespread civil unrest which threatens to further
destroy Cambodian society; and
Whereas Hun Sen has held, and continues to hold, high
government office in a repressive and violent regime, and has
the power to decide for peace and democracy and has instead
decided for killing and repression, who has the power to
minimize illegal actions by subordinates and allies and hold
responsible those who committed such actions, but did not,
and who once again is directing a campaign of murder and
repression against unarmed civilians, while treating with
contempt international efforts to achieve a genuinely
democratic government in Cambodia: Now, therefore, be it
Resolved, That it is a sense of the House of
Representatives that--
(1) the United States should establish a collection of
information that can be supplied to an appropriate
international judicial tribunal for use as evidence to
support a possible indictment and trial of Hun Sen for
violations of international humanitarian law after 1978;
(2) any such information concerning Hun Sen and individuals
under his authority already collected by the United States,
including information regarding the March 1997 grenade attack
against Sam Rainsy, should be provided to the tribunal at the
earliest possible time;
(3) the United States should work with members of
interested countries and nongovernmental organizations
relating to information any country or organization may hold
concerning allegations of violations of international
humanitarian law after 1978 posed against Hun Sen and any
individual under his authority in Cambodia and give all such
information to the tribunal;
(4) the United States should work with other interested
countries relating to measures to be taken to bring to
justice Hun Sen and individuals under Hun Sen's authority
indicted for such violations of international humanitarian
law after 1978; and
(5) the United States should support such a tribunal for
the purpose of investigating Hun Sen's possible criminal
culpability for conceiving, directing, and sustaining a
variety of actions in violation of international humanitarian
law after 1978 in any judicial proceeding that may result.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Gilman) and the gentleman from Florida (Mr. Davis) each will
control 20 minutes.
The Chair recognizes the gentleman from New York (Mr. Gilman).
General Leave
Mr. GILMAN. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on House Resolution 533, the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. GILMAN. Madam Speaker, I yield myself such time as I may consume.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Madam Speaker, I rise today in support of H. Res. 533
expressing the sense of the House of Representatives regarding the
culpability of Hun Sen for his violations of international humanitarian
law after 1978 in Cambodia.
I want to commend the gentleman from California (Mr. Rohrabacher), a
member of our Committee on International Relations, for introducing
this resolution condemning Hun Sen's violent transgressions in Cambodia
over the past 20 years. We thank him for his outstanding leadership on
this issue.
I also want to thank the gentleman from Nebraska (Mr. Bereuter), the
chairman of the Subcommittee on Asia and the Pacific of the Committee
on International Relations, for his work on this important measure and
for his continuing attention to the crisis in Cambodia.
[[Page H10451]]
I am a proud cosponsor of this resolution, which I support fully. It
is incredibly important that this House express its concern about the
violence that has plagued and continues to plague Cambodia, and make
every effort to bring those responsible for this unnecessary violence
to justice.
If tyranny, and especially tyrants like Hun Sen, are allowed to
thrive in an atmosphere of impunity, violence and destruction will
reign not only in Cambodia but elsewhere as well. Our Nation must make
a strong stand and take action to bring this senseless killing to an
end and to punish those who are responsible.
Before I close, Madam Speaker, I want to express my general concern
about the situation in Cambodia and the pervasive high levels of
violence that exist there. The extrajudicial violence must come to an
end. Our Nation must use its influence and leverage to pressure any
government which is formed to move in a direction of democracy and
respect for human rights.
The administration must also seek to garner support from other key
nations, such as France, Australia, and Japan, to do the same. The
Cambodian people deserve as much and the international community should
accept no less.
Though I never believed that the most recent elections could ever be
free and fair, because of the environment in which they took place, the
tremendous turnout by the Cambodian voters shows that the seeds of
democracy have been sewn there. It is my belief that any tyrant who
tries to stand between democracy, human rights, and the Cambodian
people will ultimately find himself resigned to the trash heap of
history, as have so many other despots who have tried to suppress the
human spirit.
To the forces of democracy in Cambodia we say, we in this body are
watching carefully. Be assured that the Cambodian people will not stand
alone in their quest for democracy, for justice, for human rights, for
peace and freedom. This resolution sends that kind of signal.
Accordingly, I urge my colleagues to support this measure.
Madam Speaker, I reserve the balance of my time.
Mr. DAVIS of Florida. Madam Speaker, I yield myself such time as I
may consume, and I rise in support of this resolution.
I would like to start by commending the gentleman from California
(Mr. Rohrabacher) for his leadership in bringing the resolution before
the House today. Also appreciate his willingness to work with members
of the administration and the concerns of Members of the House.
House Resolution 533 is intended to send a clear signal to Hun Sen
and his supporters that the United States and the entire international
community views with grave concerns both his past actions and his
current activities that threaten to impose a system of harsh
dictatorship on the people of Cambodia. There are few people who,
through no fault of their own, have suffered more cruelly in the past
quarter century than the Cambodians.
In the aftermath of a badly flawed election, Hun Sen is in the
process of solidifying his hold over the levers of power in Cambodia.
In the final analysis, I regret to say there is little that the United
States can do to prevent this tragedy. But at an absolute minimum, we
must make clear our opposition to the imposition of a repressive regime
on the long-suffering Cambodian people. We can unequivocally, as well,
state our conviction that those responsible for Cambodia's past sorrows
should be brought to justice.
So, Madam Speaker, this resolution deserves our support. I urge my
colleagues to join me in voting ``yes'' on this important measure.
Madam Speaker, I reserve the balance of my time.
Mr. GILMAN. Madam Speaker, I yield 7 minutes to the gentleman from
California (Mr. Rohrabacher), the sponsor of this resolution and a
member of our committee.
Mr. ROHRABACHER. Madam Speaker, House Resolution 533 is intended to
help support democracy in Cambodia and prevent a new ``killing fields''
by serving as the first step to bringing the violent dictator and
former Pol Pot trigger man, Hun Sen, to justice. This legislation urges
the United States Government and other interested countries to create
an appropriate international judicial tribunal for the indictment and
trial of Hun Sen.
For the past 20 years, since he was among a core group of former
Khmer Rouge officials installed as leaders during the Vietnamese
Communist occupation of Cambodia, Hun Sen has been at the center of
massive violations of international human rights law, including murder,
torture, and other widespread abuses of the Cambodian people.
During the past month, Hun Sen's storm troopers have cracked down on
nonviolent pro-democracy demonstrators, including students and Buddhist
monks, and tens of thousands of ordinary people. There are numerous
reports by United Nations human rights monitors describing shallow
graves containing mutilated bodies with hands tied behind their backs,
including some people who were known to have been arrested by Hun Sen's
security forces.
Bodies of other victims have been reportedly seen floating down
rivers and streams. Buddhist temples and monasteries have been raided
and monks whipped by soldiers and goons carrying electric batons and
rifle butts. Amnesty International reports that at least 200 democracy
protestors arrested are still unaccounted for.
New atrocities continue to emerge. For example, United Nations human
rights monitors have been sheltering a 25-year-old woman who was held
by Hun Sen's soldiers for 3 weeks in a water-filled fish pen. She saw 5
of 13 fellow prisoners die during that time period from torture,
starvation and drowning, including Buddhist monks.
During the 1998 election campaign in Cambodia, the United States
international Republican Institute, as well as the National Democratic
Institute reported widespread incidents of violence, intimidation and
deaths of campaigners for the democratic parties who opposed Hun Sen.
The electoral process was described as, ``fundamentally flawed.'' Post-
election charges of irregularities in ballot counting and an
unconstitutional allocation of parliamentary seats led to the pro-
democracy uprising and a subsequent repression in Phonm Penh.
Many of these pro-democracy demonstrators courageously defied Hun
Sen's storm troopers. They were carrying American flags and being
broadcast by Voice of America, which they were playing for the rest of
the people there through loudspeakers in this short-lived democracy
square.
The fear, intimidation and violence created by Hun Sen continues.
Yesterday, an American investigative reporter named Nate Thayer, he is
the one who broke the story of Pol Pot's death, and also the
relationship between Hun Sen and reputed international drug dealer Teng
Bunma, informed me that his wife, Carol, an American citizen, had been
assaulted. That is Nate Thayer, an American citizen, a journalist in
Cambodia. His wife has been assaulted and, in fact, a bullet was fired
during the assault that grazed her head.
{time} 1615
This all happened in central Phnom Penh. Nate and Carol have
previously received four death threats due to his reporting on
corruption and tyranny in Hun Sen's regime. Like many cases of
independent reporters in Cambodia, Cambodians themselves, Cambodian
reporters and editors who have been shot and bludgeoned to death, the
case of Nate and Carol, this whole incident has been shrugged off
officially as being called a robbery attempt.
This legislation was amended after my staff spent long hours in
discussion with the State Department in an effort to find a common
position to stopping the violence and to bringing to justice those
responsible. The amendment begins with the year 1979 when the
Vietnamese communist army installed collaborating Khmer Rouge officers,
including Hun Sen, to power in Cambodia. The amendment is an effort to
avoid interfering with the State Department's efforts to form a
separate tribunal to cover just the Pol Pot years.
After the resolution passed through the Committee on International
Relations, Hun Sen protested. In response, the U.S. Embassy in Phnom
Penh issued a press release just a few days ago to reassure this tyrant
and his
[[Page H10452]]
thugs that this resolution is simply the opinion of Congress, a signal
that he need not worry about his ongoing human rights violations and
crackdown on democrats. Satisfied with knowing the embassy was
kowtowing to his position, a now confident Hun Sen then demanded, after
this press release, demanded that the embassy hand over a Cambodian
democracy leader, Kem Sokha, who is being provided asylum in the
embassy.
A ``yes'' vote on this resolution will send a message to Hun Sen that
the United States House of Representatives does count and that we are
speaking for the American people, and that the House of Representatives
will not tolerate murder as a political tool and the denial of
democracy by Hun Sen and his thugs.
Madam Speaker, dictators such as Hun Sen must understand the United
States Congress, whose Members are elected by the American people,
represent the ideals of freedom and stand by democrats and ordinary
people around the world who are struggling for justice and human
rights. There is no excuse for unelected bureaucrats in our State
Department to scorn congressional processes in order to appease
dictators.
As far as tribunals go, we must not permit legal action in Cambodia,
which is moving forward, to focus exclusively on a handful of geriatric
Khmer Rouge leaders while former Khmer Rouge like Hun Sen are creating
today's killing fields by murdering and torturing with impunity.
Today's killers must understand that they will be held accountable for
their actions and they must permit democracy and a respect for human
rights and the rule of law to take place. That is what this legislation
is all about.
I would ask my colleagues to join me in support of this resolution.
Mr. DAVIS of Florida. Madam Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. GILMAN. Madam Speaker, I want to thank the gentleman from
California (Mr. Rohrabacher) for his eloquent support of this
resolution.
Madam Speaker, I yield 4 minutes to the distinguished gentleman from
Nebraska (Mr. Bereuter) vice chairman of our committee and the chairman
of the Subcommittee on Asia and the Pacific.
Mr. BEREUTER. Madam Speaker, I rise in strong support of H.Res. 533
and I thank the gentleman for yielding me this time. This resolution,
of course, addresses the precarious human rights situation in Cambodia
and the brutish behavior of the illegal junta in Cambodia and its
strongman, Hun Sen. I use that term ``illegal junta'' advisedly. The
gentleman from California (Mr. Rohrabacher) is to be particularly
commended for this legislation and also for his continued focus on
Cambodian affairs. Without question, the people of Cambodia have
suffered enormously in the past few decades, almost beyond human
understanding. They have suffered through colonial rule, Civil War, the
genocidal horror of Pol Pot and the Khmer Rouge and then the Vietnamese
invasion. Prolonged negotiations among the various political factions
finally led to the Paris Peace Accords of 1991. A $3 billion
international peacekeeping effort resulted in elections in 1993 where
90 percent of the population voted. Though the 1993 elections soundly
rejected strongman Hun Sen and his formerly communist Cambodian
People's Party CPP, Hun Sen simply refused to turn over the reins of
power to the victorious FUNCINPEC party. A tortuous and largely
unsuccessful power-sharing arrangement with FUNCINPEC's leader Prince
Ranariddh lasted until July 1997 when a bloody coup d'etat ousted First
Prime Minister Ranariddh and his supporters. Hun Sen's 1997 coup dealt
a body blow to the fragile democratic institutions which slowly had
been taking root in the long-suffering country. In the weeks and months
that followed nearly all political activity except that of Hun Sen's
CPP came to a halt. Most prominent opposition politicians, including
Prince Ranariddh, fled for their lives into exile. Of those who chose
to remain or were too slow in fleeing, many were murdered.
On July 26 of this year, the long-awaited election was held but this
has done little to effectively resolve the long-standing differences or
to restore credibility to the governance of the Cambodian people. The
party of Hun Sen seems almost certain to continue to hold the reins of
power and opposition parties will continue to be marginalized.
Madam Speaker, this is a situation where there are no simple answers
and no clear blacks and whites. However, one constant thread has
continued throughout this sordid mess, that is, the appalling behavior
of Hun Sen. His forces have been responsible for the summary arrest,
torture and murder of hundreds of opposition leaders. He has done
everything in his power, including the 1997 coup, which is exactly what
it was, despite the fact that the State Department never called it that
because they knew it would result in kind of sanctions being imposed
under law, to prevent the will of the people from being reflected in
their properly elected leaders.
These concerns, and others, are reflected in H.Res. 533, which
highlights the human rights violations which have been perpetrated by
the Hun Sen regime. This Member would say that the author of the
resolution the distinguished gentleman from California (Mr.
Rohrabacher) has worked very constructively with others interested in
the fate of Cambodia to ensure that his resolution has the broadest
support possible. The gentleman has crafted a resolution that merits
broad support.
The gentleman has mentioned before what has happened with respect to
the State Department and our embassy in Cambodia, and I am concerned
about what he said. Unfortunately, I have some verification of it, too.
In fact, my office was contacted suggesting that the embassy would no
longer be able to protect Americans or the personnel at our embassy in
Cambodia if this resolution was brought to the floor of the House of
Representatives. We cannot be intimidated in this body. We cannot start
down that slippery slope. The Members will not permit that kind of
thing to happen. I would say that kind of threat by Hun Sen or people
who represent him only confirm what he is, a bloody murderer. We will
not be silenced. And so I want my colleagues to know, this is a
resolution which is appropriate to express our concerns about the
terrible things that have happened and that continue to happen under
Hun Sen.
Madam Speaker, I urge support of H.Res. 533.
Mr. GILMAN. Madam Speaker, I yield the balance of my time to the
gentleman from New Jersey (Mr. Smith) the distinguished chairman of our
Subcommittee on International Operations and Human Rights.
Mr. SMITH of New Jersey. I thank the distinguished gentleman for
yielding me this time.
Madam Speaker, I rise in strong support of this resolution and
express my deep gratitude to the gentleman from California (Mr.
Rohrabacher) for authoring it and for helping to bring it to the floor
today and to the gentleman from Nebraska (Mr. Bereuter) for his strong
support for it and also to the gentleman from New York (Mr. Gilman) for
the very powerful words they have expressed on this floor, and to my
friends on the other side of the aisle.
Madam Speaker, the self-styled ``international community'' has
displayed an unseemly haste in trying to persuade the pro-democracy
parties in Cambodia--which between them soundly defeated the dictator
Hun Sen in the recent election, despite the regime's attempt to
intimidate voters and to silence the opposition--hey have tried to get
them to fold their tents and just slink away into oblivion. But to
their credit, the democratic opposition has refused to give up. This is
because they know Hun Sen and his government all too well. They know
that he is a monster, as the gentleman from Nebraska pointed out a
moment ago. He is bloodthirsty. He kills. They know that as a Khmer
Rouge commander who split with Pol Pot, he did it not out of some moral
principle, but in a factional power struggle. They know that he has
killed many of his political opponents, probably by the thousands, and
will kill more if he is given the opportunity. And they know that the
only hope for Cambodia is for the forces of freedom and democracy to
hold on as long as they can. This resolution comes at a very timely
moment. It will give them some hope, yes, maybe a small and modest
amount of hope, but it will
[[Page H10453]]
give them some hope that those of us in the international community,
those of us in the People's House know what is going on and we stand in
solidarity with those pro-democratic forces. It is a very good
resolution. I hope it has the unanimous support of the House of
Representatives.
Again, I want to thank the gentleman from Nebraska (Mr. Bereuter),
the gentleman from California (Mr. Rohrabacher) and the gentleman from
New York (Mr. Gilman) for their leadership in bringing this to the
floor.
Mr. PORTER. Mr. Speaker, I rise today in strong support of the
resolution introduced by the Gentleman from California (Mr.
Rohrabacher).
In January of 1997, I went to Cambodia and met with Hun Sen. At that
time the power-sharing agreement between Hun Sen and Prince Ranaridh
was still in place but it was clear that it was weakening. The violent
July 1997 coup by Hun Sen was the final blow to this ill-conceived
relationship that was born by threat of force. During this bloody coup,
scores of opposition political leaders and average citizens were killed
by Hun Sen's armies.
Since the coup, Hun Sen has consolidated his ill-gotten power and
human rights abuses in Cambodia have continued to escalate. Before,
during and after the flawed July 1998 elections, Hun Sen again showed
his true colors. The pre-election climate was marked by fear and
intimidation. The election apparatus was controlled by Hun Sen; the
democratic opposition was disadvantaged in all aspects of the process,
especially in the important area of broadcast media. It was no surprise
that Hun Sen's communist party captured more seats than any other party
in these flawed elections. Given their disadvantaged position, the
strong showing of the opposition--which together accounted for more
than half the total seats in the legislature--was remarkable. These
results were a strong statement of the dissatisfaction of the Cambodian
people with his corrupt and authoritarian rule, and their strong desire
for a return to democracy and a new age of good governance.
From his Khmer Rouge days up to the present, Hun Sen has always used
brutal force--intimidation, violence, torture, murder--to get and keep
power. According to a new report from the relief group, Medecins sans
Frontieres, Hun Sen was responsible for the deaths of 200,000
Cambodians as leader of Cambodia's Vietnamese communist puppet regime
from 1984 to 1989. While he was a Khmer Rouge commander, there is no
accounting of how many innocent civilians he sent to their deaths. Hun
Sen rules through force--it is all he knows and all he understands.
His crimes against the Cambodian people cannot be chronicled only in
terms of the loss of life, but must also take account of his consistent
efforts to deny their aspirations to a better life. The people of
Cambodia have consistently rejected violence and one man rule, and
continue to raise their voices in favor of freedom, justice, democracy
and the rule of law. As a country which embodies these ideals, we must
do our utmost to support them. This means that we cannot continue to
turn a blind eye to the abuses of Hun Sen or send the Cambodian people
the message that they have to settle for something less than real
democracy, genuine freedom or full human rights.
I commend this resolution to the attention of my colleagues, and I
urge your strong support of it.
Mr. GILMAN. Madam Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion
offered by the gentleman from New York (Mr. Gilman) that the House
suspend the rules and agree to the resolution, House Resolution 533, as
amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the resolution, as amended, was
agreed to.
The title of the resolution was amended so as to read: ``Resolution
expressing the sense of the House of Representatives regarding the
culpability of Hun Sen for violations of international humanitarian law
after 1978 in Cambodia (the former People's Republic of Kampuchea and
the State of Cambodia).''.
A motion to reconsider was laid on the table.
____________________