[Congressional Record Volume 148, Number 127 (Wednesday, October 2, 2002)]
[Senate]
[Pages S9839-S9840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   FIRST ANNUAL REPORT OF CONGRESSIONAL EXECUTIVE COMMISSION ON CHINA

  Mr. BAUCUS. Mr. President, I rise to speak in my capacity as Chairman 
of the Congressional Executive Commission on China. This commission was 
created in the China PNTR legislation two years ago and has the mandate 
to monitor human rights and developments in the rule of law in China. 
Today, we transmitted the first annual report to the Congress and to 
the President.
  With passage of PNTR the Congress, and the country, declared that 
economic engagement was important--in terms of our own economic and 
strategic interests and in terms of our ability to promote and 
encourage change inside China. The commission was created to ensure 
that concerns about human rights and rule of law issues in China would 
continue to have a high priority in our government--in Congress and in 
the administration. That is why it includes members from both branches 
nine Senators, nine House members, and five Administration 
representatives appointed by the President.
  The commission membership itself reflects the broad range of views of 
China within the Congress. Yet we were able to develop a report that is 
supported by an overwhelming majority of our members. The vote in the 
commission was 18 to 5 in favor of the report.
  Let me turn to the report itself. This is the most comprehensive 
document produced by Congress on human rights in China. It pulls no 
punches in describing current human rights conditions in China. And it 
recommends actions to Congress and to the Administration that we 
believe will help promote change in China.
  The underlying assumption of the report is that human rights cannot 
be enjoyed without a legal structure to protect those rights. Although 
China protects many rights on paper, this is often not the case in 
practice.
  This is a time of uncertainty in China as they adjust to their WTO 
membership, go through a political transition with the senior 
leadership of the Chinese Communist Party and the government, and face 
increasing demands from their citizens for greater economic, social, 
religious, and political freedom.
  In fact, the last 20 years has seen a period of profound change 
inside China--economic reform and the development of a market economy, 
decentralization of power, individual Chinese citizens gaining more 
individual autonomy and personal freedom. Yet the government continues 
to resist political liberalization and suppresses any threat to the 
Communist Party's grip on power. There are no free labor unions; all 
religious groups must register with the government and submit to its 
control; the media and Internet are restricted; there is tight control 
in minority ethnic regions.
  The United States has limited means to influence change within China. 
The Chinese people, ultimately, must determine how they want to be 
governed and under what conditions. But we can help contribute to 
improving the situation inside China.
  Let me stress that the commission is not seeking to impose American 
standards on China. But, from the Universal Declaration on Human 
Rights, to the International Labor Organizations' Declaration on 
Fundamental Principles, China has agreed to respect internationally 
recognized human rights for its citizens. Our desire is that the 
Chinese government abide by the terms of these international 
commitments, as well as the guarantees enshrined in China's 
Constitution and laws. That is the standard we, and others around the 
world, need to encourage--constantly.
  Our report stresses that the United States must take a dual approach.
  First, we need to pursue high-level advocacy on core human rights 
issues and cases of individuals who are denied their fundamental 
rights. The President, senior Administration officials, and members of 
Congress, should raise these issues at every opportunity. It also means 
multilateral advocacy. The United Nations Commission on Human Rights 
has many tools at its disposal. The International Labor Organization is 
becoming increasingly involved in labor rights issues in China. We need 
to work with other nations to pressure China in these areas.
  Second, we need to provide increased technical and financial 
assistance to help build a legal system in China that protects human 
rights. Elements of this include training lawyers and judges to build a 
more professional legal system; promoting grassroots legal aid so 
Chinese women, workers, and farmers will understand their rights and 
how they can try to assert them; assisting with the drafting of new 
laws and regulations; teaching about experiences in other countries in 
the West, in Asia, in the former Soviet states, regarding how they 
dealt in a non-authoritarian way with some of the economic, social, and 
political problems that confront China today; providing currently 
unavailable information to the average Chinese using radio, cable, and 
the Internet; and working with nascent Chinese NGOs who are trying to 
deal with the staggering social and economic challenges in China.
  The range of issues is huge. This past year, our commission examined 
some of the major areas of human rights and rule of law, including 
religious freedom, labor rights, free press and the Internet, Tibet, 
and the criminal justice system. Next year, we will continue to pursue 
these problems and address many others, including the role of foreign 
companies in Chinese society, women's rights which includes the one-
child policy, HIV/AIDs, and the 2008 Olympics and human rights, to name 
just a few.

[[Page S9840]]

  I am pleased with the scope and quality of this report. It adds to 
our understanding of human rights and legal reform in China and 
provides a useful action plan for the Congress and the administration. 
I am sending each of my colleagues a copy and urge you all to read it. 
For others, you can find the report on the commission's website at 
www.cecc.gov.

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