[Congressional Record Volume 149, Number 25 (Tuesday, February 11, 2003)]
[House]
[Pages H334-H339]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONDEMNING THE SELECTION OF LIBYA TO CHAIR THE UNITED NATIONS
COMMISSION ON HUMAN RIGHTS
Mr. HYDE. Mr. Speaker, I move to suspend the rules and agree to the
concurrent resolution (H. Con. Res. 27) condemning the selection of
Libya to chair the United Nations Commission on Human Rights, and for
other purposes.
The Clerk read as follows:
H. Con. Res. 27
Whereas on January 20, 2003, Libya, a gross violator of
human rights and state sponsor of terrorism, was elected to
chair the United Nations Commission on Human Rights
(``Commission''), a body charged with the responsibility of
promoting universal respect for human rights and fundamental
freedoms for all;
Whereas according to the rotation system which governs the
selection of the Executive Board of the Commission, 2003 was
designated as the year for the Africa Group to chair the
Commission, and the Africa Group selected Libya as its
candidate;
Whereas South Africa's Democratic Alliance spokeswoman,
Dene Smuts, was quoted by the British Broadcasting
Corporation as saying that the South African Government's
decision to support Libya's election was an insult to human
rights and that African countries ``should have supported a
candidate of whom all Africans could be proud'';
Whereas Amnesty International has repeatedly documented
that Libya's human rights situation continues to seriously
deteriorate with gross violations taking place
systematically, extrajudicial execution used against
government opponents, and political detainees routinely
tortured physically and psychologically during interrogation,
with some detainees dying in custody as a result;
Whereas Human Rights Watch recently underscored that
``[o]ver the past three decades, Libya's human rights record
has been appalling'' and ``Libya has been a closed country
for United Nations and nongovernmental human rights
investigators'';
Whereas Human Rights Watch further stated that ``Libya's
election poses a real test for the Commission . . .
[r]epressive governments must not be allowed to hijack the
U.N. human rights system'';
Whereas the Lawyers Committee for Human Rights stated that
``the Government of Libya should not be entrusted by the
United Nations to lead its international effort to promote
human rights around the world'';
Whereas Freedom House declared that ``[a] country [such as
Libya] with such a gross record of human rights abuses should
not direct the proceedings of the UN's main human rights
monitoring body . . . [t]his will undermine the UN's moral
authority and send a strong and clear message to fellow
rights violators that they are in the clear'';
Whereas on November 13, 2001, a German court convicted a
Libyan national for the bombing in 1986 of the La Belle disco
in Berlin, in which two United States servicemen were killed,
and the court further declared that there was clear evidence
of responsibility of the Libyan Government for the bombing;
Whereas Libya was responsible for the December 21, 1988,
explosion of Pan American Airline Flight 103 en route from
London to New York that crashed in Lockerbie, Scotland,
killing 259 passengers and crew, and 11 others on the ground;
Whereas a French court convicted six Libyan Government
officials in absentia for the bombing of UTA Flight 772 over
Niger in 1989;
Whereas United Nations Resolution 748 of March 31, 1992,
imposed an arms and air embargo on Libya and established a
United Nations Security Council sanctions committee to
address measures against Libya;
Whereas United Nations Resolution 883 of November 11, 1993,
tightened sanctions on Libya, including the freezing of
Libyan funds and financial resources in third countries, and
banned the provision to Libya of equipment for oil refining
and transportation;
Whereas United Nations Resolution 1192 of August 27, 1998,
reaffirmed that the measures
[[Page H335]]
set forth in previous resolutions remain in effect and
binding on all member states, and further expressed the
intention of the United Nations to consider additional
measures if the accused individuals for Pan Am Flight 103 and
UTA Flight 772 bombings had not arrived or appeared for trial
promptly in accordance with paragraph 8 of the Resolution;
Whereas in January 2001 a three-judge Scottish court
sitting in the Netherlands found Libyan Abdel Basset al-
Megrahi guilty of the bombing of Pan Am Flight 103, sentenced
him to life imprisonment, and said it accepted evidence that
he was a member of Libya's Jamahariya Security Organization,
and in March 2002 Scottish appeal judges in the Netherlands
upheld his conviction;
Whereas as recently as January 12, 2003, Libyan leader,
Moammar Gaddafi, in an interview with Newsweek- Washington
Post reporter, Lally Weymouth, failed to accept
responsibility for the attack and had the audacity of calling
for the United States to share the burden of compensation;
Whereas Libya remains on the Department of State's list of
state-sponsors of terrorism;
Whereas the United States found the selection of Libya to
chair the Commission to be an affront to international human
rights efforts and, in particular, to victims of Libya's
repression and Libyan-sponsored terrorism, and therefore
broke with precedent and called for a recorded vote on
Libya's chairmanship;
Whereas Canada and one other country joined the United
States in voting against Libya and 17 other countries
abstained;
Whereas the European Union's common position was to abstain
from the vote objecting to Libya's selection as chair of the
Commission;
Whereas 33 countries ignored Libya's record on human rights
and status as a country subject to United Nations sanctions
for the terrorist bombing of Pan Am Flight 103 and voted for
Libya to lead the Commission;
Whereas the majority of these countries are United States
foreign aid recipients;
Whereas the selection of Libya to chair the Commission is
but the most recent example of a malaise plaguing the
Commission, whereby its credibility has been called into
question in recent years as its membership ranks have swelled
with other egregious human rights violators;
Whereas the United States' challenge is part of a broader
effort to reform the Commission, reclaim it from the
oppressors, and ensure that it fulfills its mandate;
Whereas on January 20, 2003, Ambassador Kevin Moley, United
States Permanent Representative to the United Nations and
Other International Organizations in Geneva, emphasized that
``[w]e seek to actively engage and strengthen the moral
authority of the Commission on Human Rights, so that it once
again proves itself a forceful advocate for those in need of
having their human rights protected . . . [w]e are convinced
that the best way for the Commission to ensure the ideals of
the Universal Declaration of Human Rights over the long-term
is to have a membership comprised of countries with strong
human rights records at home'';
Whereas a majority of the 53 member states of the
Commission are participants in the Community of Democracies
and signed the Seoul Declaration of November 12, 2002,
calling upon democratic nations to work together to uphold
the principles of democracy, freedom, good governance, and
accountability in international organizations;
Whereas the participants in the Seoul Ministerial meeting
of the Community of Democracies issued a Statement on
Terrorism in which they ``strongly denounced terrorism as a
grave threat to democratic societies and the values they
embrace . . . [they] reaffirmed that terrorism constitutes a
threat to international peace and security as well as to
humanity in general and indeed to the very foundation on
which democracies are built . . . [and] [t]he most recent
terrorist attacks confirm that international cooperation
against terrorism will remain a long-term effort and requires
a sustained universal commitment''; and
Whereas although United Nations sanctions against Libya
have been suspended, the sanctions remain in effect, and
Libya's continued status as an international outlaw nation
and its continued unwillingness to accept responsibility for
its terrorist actions should bar it from consideration as a
candidate for membership in the United Nations Security
Council or any other United Nations entity or affiliated
agency: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That Congress--
(1) strongly condemns the selection of Libya to chair the
United Nations Commission on Human Rights (``Commission'') ;
(2) commends the President and the Administration for the
principled position of the United States in objecting to and
calling for a vote on Libya's chairmanship of the Commission;
(3) commends countries which joined the United States in
objecting to Libya's selection as chair of the Commission;
(4) expresses its dismay at the European Union common
position of abstention on the critical vote over Libya's
chairmanship;
(5) is appalled at the support provided to Libya in its
efforts to lead the Commission;
(6) will hold accountable countries who voted in favor of
Libya's chairmanship;
(7) highlights its grave concern over the continuing
efforts of human rights violators and terrorist countries to
use international fora to legitimize their regimes and
continue to act with impunity, and calls on the President to
raise United States objections to such efforts during
bilateral and multilateral discussions and to direct
pertinent Cabinet secretaries to do the same;
(8) calls on countries at various stages of democratization
to demonstrate their commitment to human rights, democracy,
peace and security, and support efforts to reform the
Commission;
(9) calls on the President to instruct the Secretary of
State to consult with the appropriate congressional
committees, within 30 calendar days of adoption of this
resolution, regarding the United States priorities and
strategy for the 59th session of the Commission on Human
Rights and strategy and proposals for reform of the
Commission;
(10) calls on the President to issue an objection to the
continued suspension of sanctions against Libya and to call
for their full reinstatement until Libya publicly accepts
responsibility for the Pan Am Flight 103 bombing, provides
appropriate compensation to the victims, and is in full
compliance with all of the other requirements of the United
Nations sanctions imposed as a result of Libya's
orchestration of the Pan Am 103 terrorist attack; and
(11) calls on the Secretary of State to engage member
countries to support United States efforts to ensure that
states that are gross violators of human rights, sponsors of
terrorist activities, or subject to United Nations sanctions
will not be elected to leadership positions in the United
Nations General Assembly nor will they be elected to
membership or leadership positions on the United Nations
Commission on Human Rights, the United Nations Security
Council, or any other United Nations entity or affiliated
agency.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Hyde) and the gentleman from California (Mr. Lantos) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois (Mr. Hyde).
General Leave
Mr. HYDE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on H. Con. Res. 27, the concurrent
resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of this bipartisan measure, condemning
the selection of Libya as the Chair of United Nations Commission on
Human Rights.
Despite the best efforts of the United States and a handful of other
countries, Libya was elected to this position on January 20 of this
year. For a country whose own human rights record will not stand up to
scrutiny, Libya is certainly in no position to stand in judgment of any
other country. Virtually every human rights organization has condemned
Libya's flagrant disregard for human rights and the rule of law.
Unfortunately, some 17 countries abstained in the vote for the
Commission's Chair, including all of the members of the European Union,
who choose to look the other way and let Libya attain this coveted
post.
How is it that a country such as Libya will soon be in a position to
control the proceedings of the U.N.'s main human rights monitoring
body?
Historically, the chairmanship of the commission rotates among the
major regional groupings in the U.N. system. This year the opportunity
to nominate a candidate fell to the Africa group which selected Libya
as Africa's candidate. Their selection was primarily in recognition of
financial support Libya provided toward the establishing a new Africa
union to succeed the ineffective Organization for African Unity. It is
also due in part to Libya's backing of the new African Partnership for
Development, an initiative led by African states such as South Africa,
Nigeria and Senegal, that calls for increased trade benefits and debt
relief from the West in exchange for commitments to promote human
rights and good governance across the continent.
Needless to say, Libya's central role in these initiatives will
undermine their credibility. According to Human Rights Watch, ``Over
the past 3 decades, Libya's human rights record has been appalling and
Libya has been a closed country for United Nations and nongovernmental
human rights investigators.''
Freedom House declared that Libya's chairmanship would ``undermine
the U.N.'s moral authority and send a strong and clear message to
fellow
[[Page H336]]
rights violators that they are in the clear.'' We do not have to go any
further than the most recent State Department Human Rights Report to
learn that Libya's extensive security forces continue to commit
numerous serious human rights abuses.
Qadhafi uses summary judicial proceedings to suppress domestic
opposition, and torture is used as a punishment and during
interrogations. With prisoners held incommunicado, many political
detainees are held for years without charge. Libya's government
restricts freedom of speech, press, assembly, and religion. Violence
against women is a widespread problem, as is the use of forced labor
and repression against key tribal groups. In short, Libya's record
should disqualify it from membership in the 53-member commission, not
to speak of any claim it might have to chair its proceedings.
We are well aware that Libya has yet to clear its name in connection
with the 1988 terrorist bombing of Pan Am 103 over Lockerbie, Scotland,
which killed 270 people. Although one of two former Libyan intelligence
agents was convicted in the case 2 years ago and the conviction was
upheld on appeal, Qadhafi continues to deny all responsibility for the
bombing and has yet to pay compensation to the surviving family members
to the victims of that terrorist attack.
While temporarily suspended, U.N. sanctions as a result of the Pan Am
103 bombing remain applicable against Libya, whose continuing status as
an outlaw nation should bar it from consideration as a candidate for
membership in the U.N. Security Council or any other U.N. body. The
very credibility of the United Nations has been called into question
with this Libyan selection.
The United States will obviously have no easy task in reforming the
Commission, ensuring that it fulfills the ideals of the Universal
Declaration of Human Rights. The place to begin, in my view, is to
ensure that the Commission has a membership comprised of countries with
strong human rights records.
{time} 1430
It should, for example, include participants in the community of
democracies who have signed the Seoul declaration of November 2002,
calling upon democratic nations to work together to uphold the
principles of democracy, freedom, good government, and accountability
in international organizations.
I look forward to consulting with the Secretary of State on our
priorities of strategy for the upcoming 59th session of the commission
and for its long-term reform and renewal.
I would also call upon the President to resist any effort now to lift
U.N. sanctions against Libya until that country publicly accepts
responsibility for the Pan Am 103 bombing, provides appropriate
compensation to the victims, and is otherwise in full compliance with
all the requirements of the United Nations sanctions.
I urge my colleagues to join me in supporting this very important
resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I might consume,
and I rise in strong support of H. Con. Res. 27.
Mr. Speaker, this important resolution condemns in the strongest
possible terms the absurd selection of Libya as Chair of this year's
United Nations Commission on Human Rights. Let me begin, Mr. Speaker,
by expressing my sincere gratitude to my colleagues across the aisle,
our distinguished Committee on International Relations chairman, the
gentleman from Illinois (Mr. Hyde), and the gentlewoman from Florida
(Ms. Ros-Lehtinen), who chairs our Subcommittee on International
Operations and Human Rights, for collaborating with us on the text of
this important resolution.
Mr. Speaker, on January 20, Colonel Muammar el-Gaddafi's Orwellian
regime, a state sponsor of terrorism and a gross violator of human
rights under United Nations sanctions, was elected by member states to
chair the United Nations Commission on Human Rights, a body charged
with responsibility for promoting universal respect for human rights
and fundamental freedoms for all. This, Mr. Speaker, is the ultimate
theater of the absurd.
By virtue of its position in the Africa group of member states in the
United Nations, Libya emerged as the preordained Chair of the U.N.
human rights commission.
Traditionally, Mr. Speaker, this post has rotated among the U.N.'s
geographic groups, with each group respecting the other's nominee
without a challenge. Realizing that the Africa group's turn was due and
that, appallingly, Libya would be its choice, our administration took
the unprecedented step of breaking with tradition and challenging
Libya's nomination.
It was the right move, Mr. Speaker. The United States cannot stand
idly by as monstrous abusers of human rights such as Libya hijack the
human rights commission.
Given the absurd realities of the United Nations in so many
instances, our protest was too little, too late, and Libya survived the
challenge. Only Canada and Peru had the courage to stand by us in
standing up to this outrage.
Although this piece of legislation focuses on the selection of Libya
to chair the human rights commission, it is also relevant to a similar
outrage which we learned about only recently. Because of an absurd
alphabetical rotation scheme, Saddam Hussein's Iraq is set to assume
the presidency of the United Nations Conference on Disarmament for a
30-day term starting on May 1. Apparently, Mr. Speaker, this is Saddam
Hussein's reward for 13 years of success in his efforts to defeat U.N.
sanctions and inspectors by rebuilding his capacity to create mass
havoc with chemical, biological, radiological and nuclear weapons.
Mr. Speaker, in response to these twin outrages, many of my
colleagues here today will no doubt argue that enough is enough and
conclude that it is time to pull the plug in our participation of such
U.N. agencies. I fully understand their sentiment, but as we have seen
in the current Iraq crisis, the U.N. is both a reality and, to some
extent, a necessity. We cannot solve all of the world's problems
without a forum to discuss our differences and hopefully to coordinate
our responses.
Mr. Speaker, it is my sincere hope that H. Con. Res. 27, the first
piece of foreign policy legislation to be considered by the 108th
Congress, will be remembered as a watershed event in our efforts to
reclaim the United Nations human rights commission and other hopelessly
misguided institutions from the rogue states which have captured them
for their own propaganda purposes.
This resolution is only a first step. We must follow up with a
multipronged effort to bolster U.S. leadership at the U.N. and to
reform its membership and leadership criteria.
First, Mr. Speaker, we have to increase the capacity of our State
Department to engage in multilateral diplomacy. Our diplomats have to
become more effective in lobbying other governments to vote with the
United States on critical matters at the U.N.
The United States must also engage in a vigorous and sustained effort
to establish and to build a new democracy caucus within the U.N. that
will assist democratic nations to work within and across regional lines
to promote democratic leadership within the U.N. system.
Finally, Mr. Speaker, we need to engage in a comprehensive effort to
reform the outmoded system of regional voting and decision-making, and
we must challenge rotational alphabetical and other leadership schemes
that permit nations under U.N. sanctions to assume leadership positions
at the United Nations.
I urge my colleagues to support this measure and to continue to work
toward a more rational, sane, and effective United Nations.
Mr. Speaker, I reserve the balance of my time.
Mr. HYDE. Mr. Speaker, I am pleased to yield 5 minutes to the
gentlewoman from Florida (Ms. Ros-Lehtinen).
Ms. ROS-LEHTINEN. Mr. Speaker, I thank the chairman for yielding me
the time.
As we have heard, Mr. Speaker, on January 20 of this year, Libya, a
gross violator of human rights and a state sponsor of terrorism, was
elected to chair the United Nations Commission on Human Rights despite
the Bush administration's best effort to block this
[[Page H337]]
farce. Hiding behind procedural explanations and diplomatic
maneuverings, 33 countries ignored Libya's use of terror, extrajudicial
killings, arbitrary arrests, persecution and harassments of political
opponents, the selling of human beings into bondage as slaves; and
instead, they voted for Libya to preside over this foremost human
rights body.
The commission is one of the few international forums confronting
human rights violators, and it sets much of the tone and the agenda for
a global human rights accountability. Its mission essentially is to
give voice to those who are oppressed; thus, the selection of Libya was
not only a defeat for justice and human dignity but a betrayal of all
those brave souls worldwide who risk imprisonment, exile or even death
to fight for universal rights and for fundamental freedoms.
It was, and is, a betrayal of millions upon millions living under
brutal regimes from North Korea to Cuba to China to Vietnam to Iran and
Iraq. It is a betrayal also of the suffering endured by the families of
the victims of Pan Am Flight 103. It shows contempt for the mission and
work of the commission, and it only serves to empower and embolden
pariah states who are increasing their presence on the commission and
manipulating its agenda in order to legitimize their unacceptable
practices.
How can a regime which does not allow U.N. human rights monitors into
its borders and refuses to comply with its obligation under
international human rights covenants be a member of the commission,
much less be elected to preside over it? How can a nation subject to
U.N. sanctions for its role in terrorist attacks be rewarded with a
leadership position such as this?
Enough is enough. The U.S. cannot and will not sit idly by and allow
dictators and terrorist states to further hijack the commission and
other U.N. bodies.
That is why the resolution before us, which I had the pleasure of
drafting with my friend, the gentleman from Illinois (Mr. Hyde), the
distinguished chairman of the Committee on International Relations, and
the gentleman from California (Mr. Lantos), our ranking member, not
only provides overwhelming evidence about Libya's record on human
rights and terrorism but gives direction and support to the Bush
administration as it attempts to reclaim the commission from the
tyrants.
Toward this goal, we look forward to continuing our discussions with
the administration on such possible areas of reform such as the
establishment of at least a minimum set of standards which should be
met by all states who seek to be members of this body; also, the
creation of a democracy caucus where its members make decisions based
on shared values and commitments, rather than regional or bilateral
considerations; to establish criteria for accreditation of
nongovernmental organizations to the commission, to make sure that
these NGOs are not agents of violator governments; also, to provide
recognized prisoners of conscience and human right dissidents in exile
an opportunity to render testimony on the situation of their country of
origin during debate of pertinent resolutions at the annual session of
the commission.
This resolution extends beyond the commission. It seeks to prevent a
repetition of this unacceptable situation in other U.N. fora, forums
such as the Conference on Disarmament which may have Iraq at its helm
in May of this year. And to achieve these goals, Mr. Speaker, the
resolution calls for a diplomatic initiative to ensure that states that
are gross violators of human rights, sponsors of terrorist activities
or subject to U.N. sanctions, they will not be afforded membership or
elected to any leadership position on any non-General Assembly U.N.
entity or affiliated agency.
Article V, in fact, of the U.N. charter provides, in principle, the
suspension of a member state's rights if it is subject to U.N.
sanctions. In addition, the resolution seeks to address attempts made
by the Libyan dictator to escape his regime's responsibility for the
Pan Am 103 bombing. It calls on the President to seek full
reinstatement of sanctions against Libya until it is in full compliance
with all of its obligations under these sanctions, sanctions which were
imposed, Mr. Speaker, as a result of Libya's orchestration of this
terrorist attack.
Finally, Mr. Speaker, this is a comprehensive, forward-looking
resolution which seeks to restore the commission's moral authority as
well as the relevance of other U.N. bodies so they may fulfill their
mandates. It enjoys bipartisan support, and I ask my colleagues to vote
for passage of this resolution today.
Mr. LANTOS. Mr. Speaker, I am delighted to yield as much time as he
might consume to the gentleman from Maryland (Mr. Hoyer), the
distinguished Democratic whip, one of the most effective global
fighters for human rights in this body or any place.
Mr. HOYER. Mr. Speaker, the gentleman from California is very kind,
and I thank him for his remarks; but more than that, I thank him for
his leadership on this issue and so many issues of vital concern to
human rights internationally.
I also want to thank my very good friend, the gentleman from Illinois
(Mr. Hyde), the chairman. He himself is a giant in standing up for
human rights. He and I have traveled overseas and participated in the
Helsinki process together, he chairing delegations on which I had the
honor of serving with him.
{time} 1445
Mr. Speaker, I want to thank my good friends, the gentleman from
Illinois and the gentleman from California, for bringing this very
important resolution to the House floor. It is, I believe, a moral
imperative and a matter of principle that this House speak as one
today.
The selection on January 20 of Libya, a gross, and I have heard that
word used a number of times, and in our own lexicon of law ``gross''
means beyond the pale, a gross violator of human rights and a state
sponsor of terrorism to ironically chair the United Nations Commission
on Human Rights is, in my opinion, an affront to basic decency and it
demeans the United Nations itself.
Absurd, grotesque, tragic. Those are just a few of the words that
have been used to describe Libya's election to this post. Our State
Department includes Libya on its list of state sponsors of terrorism.
Amnesty International has documented Libya's extrajudicial execution of
government opponents and torture of political detainees. Human Rights
Watch has called Libya's human rights record over the last three
decades appalling.
Imagine, the Commission on Human Rights, which claims to stand for
free elections, free expression and fair trials, will now be chaired by
a Nation that has not had a free election since Colonel Qaddafi seized
power in 1969. Imagine, the Commission on Human Rights will now be
chaired by a nation that itself refuses, refuses to admit U.N. human
rights investigators. Imagine, the Commission on Human Rights will now
be chaired by a nation that was responsible for the 1988 bombing of Pan
Am Flight 103 that killed 270 people, and they harbored for years and
years the perpetrators of that act; responsible for the 1986 bombing of
La Belle Disco in Berlin that killed two U.S. servicemen; and for the
1989 bombing of UTA Flight 772 over Niger.
The selection of Libya to head the Commission on Human Rights
undermines the credibility, integrity, and relevance of the United
Nations. We must not, I repeat, Mr. Speaker, we must not countenance or
ignore or rationalize the dangerous, illegal and destabilizing behavior
by criminals and nations whose rogue status endangers international
security and stability.
The only bright spot in this otherwise outrageous, dismal act is that
it may, it just may spur the international community to closely
scrutinize Libya's human rights record and force serious thinking about
reforming the Commission and the way of selecting the Commission. I
urge our government, Mr. Speaker, to work to accomplish both of those
ends.
I believe this resolution is an important step in focusing our
attention on this egregious act of irresponsibility by the United
Nations and by its member states, and I urge my colleagues to support
unanimously this very important resolution.
Again, I thank the chairman, the distinguished gentleman from
Illinois,
[[Page H338]]
and my friend, the gentleman from California, for yielding me this time
and for their leadership in this effort.
Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume to
say what a pleasure it is to work with the gentleman from California
(Mr. Lantos) and the gentleman from Maryland (Mr. Hoyer) on important
issues such as these. They are immensely helpful and, as I say, are a
real pleasure.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume to
echo the words of my good friend from Illinois. It is a pleasure and an
honor to begin yet another session of Congress with him. We look
forward to achieving many things together.
Mr. STARK. Mr. Speaker, today, I rise to express my grave concerns
with the content of the resolution condemning the election of Libya to
chair the United Nations Commission on Human Rights.
I abhor Libya's human rights record. I don't agree with Libya's
selection to head the Commission. But, the members of the United
Nations have held a legitimate, democratic vote. Despite our serious
reservations we have a responsible obligation to abide by the U.N.'s
decision. We should not, as this resolution calls for, hold nations
accountable for their votes.
In a straight up or down vote, the U.N. Commission on Human Rights
voted to elect Libya as its chair. Many people don't agree with that
decision--Members of Congress, human rights advocates and many others.
There is clear evidence of Libya's state sponsorship of terrorism and
it's human rights record. Yet, regardless of our distaste with the
outcome, this was a fair election in which the member nations elected
Libya to this post. Everyone involved had an opportunity to vote and a
majority decided who they wanted to lead them. Democracy has prevailed.
Now, the U.S. Congress is asked to vote to condemn that practice of
democracy?
The United States should practice what it preaches. We cannot in one
breath say democracy is good and in the next say democracy is bad,
simply because we disagree with the result.
Mr. MARIO DIAZ-BALART. Mr. Speaker, on December 21, 1988 Pan Am
Flight 103 exploded in the skies over Lockerbie, Scotland, killing 270
innocent people. Sadly, the government that sponsored this terrorist
act only fifteen years ago--Libya--has now been selected to chair the
United Nations Commission on Human Rights.
Unfortunately, the hypocrisy of this reaches far beyond the Pan Am
tragedy. Libya continues to stand in consistent violation of
international human rights treaties. It's not just that torture and
random executions are not condemned by Libya, such gross violations of
human rights are heavily practiced and supported by high ranking
government officials.
Libyans--especially those that freely express their political
opinion--live in fear of their own government every day. Torture, abuse
and unfair detainments are common practice within the Libyan system of
justice, yet Libya has not admitted to a single case of human rights
abuses within their country.
The preamble of the United Nations' Charter appropriately states:
``We the peoples of the United Nations determined to reaffirm faith in
fundamental human rights.'' As Libya assumes the chair of the U.N.'s
Commission on Human Rights, it is clear that this faith has been
seriously compromised.
It is appalling that a nation with a clear and consistent record of
complete disregard for human rights now stands in this key role in
helping combat human rights violations. I believe that the legitimacy
of this Commission has been lost and thousands of innocent men and
women across the world, who fall victim to harsh and unfair treatment
every day, will continue to suffer without hope as long as nations like
Libya lead the fight to protect human rights by chairing this
commission.
I join my colleagues in supporting H. Con. Res. 27, which condemns
the selection of Libya to chair the United Nations Commission on Human
Rights.
Mr. DELAY. Mr. Speaker, on the basis of abominations like Libya's
recent election to chair the Human Rights Commission, it's plain that
the U.N. has tripped over the final precipice and is now descending
ever-deeper into the abyss of moral relativism.
We've seen from the U.N., for decades, a flagrant pattern of amoral
accommodation, calculated appeasement, and even the willful suppression
of the distinction between good and evil itself.
We see a disturbing lesson at work: In the United Nations of the
Twenty-First Century, a documented record of state-sponsored terrorism,
aggressive militarism and systematic brutality are no impediment to a
country's rise within the U.N.'s bureaucratic hierarchy. From the
International Criminal Court's excesses, to Iraq's chairmanship of the
disarmament conference, and Libya's chairmanship of the Human Rights
Commission, the U.N. is utterly marginalizing itself.
The free world can't delegate international security decisions to an
organization capable of absurd actions like the elevation of Libya to
the Human Rights Commission or Iraq to the Disarmament Conference.
Let's not hedge the truth: The U.N. is legitimizing indefensible
regimes and at the end of this path lays utter irrelevance. The free
nations of the world face a number of grave problems and we can never
allow illegitimate regimes to dictate the terms of our freedom or
security.
Mr. HASTINGS of Florida. Mr. Speaker, I rise today to condemn in the
strongest possible terms the selection of Libya to chair the United
Nations Commission on Human Rights. Libya has committed untold acts of
terror against the United States and its citizens. Libya has not
demonstrated sufficiently that it does not support international
terrorism. Nor has it abandoned its quest for weapons of mass
destruction. Congress correctly extended the Iran-Libya Sanctions Act
until August 2006.
To be sure, lets look at Libya's record of uncivilized behavior
during the last two decades: In the 1980s it was reported that Libya
used chemical weapons against government rebels in the Chad civil war.
It was also reported that during this time Libya was seeking chemical
and nuclear weapons. Muammar al-Qadhafi also stated that he supported
international terrorism, and defended terrorism in wars of national
liberation. Because of this support, the United States named Libya a
state sponsor of terrorism on December 29, 1979.
Libya was suspected of being involved in the April 5, 1986 bombing of
a Berlin nightclub frequented by U.S. Armed forces personnel. Three
U.S. soldiers died in the blast. On April 15, 1986 the United States
bombed three target areas in Libya in retaliation for the Berlin
incident.
The United States and the United Kingdom accused Libya of complicity
in the December 21, 1988 explosion of Pan American Airways flight 103
en route from London to New York that crashed in Lockerbie Scotland,
killing 259 passengers and crew and 11 people on the ground. Also,
France suspected that Libyans were involved in the bombing and crash of
UTA flight 772 over Niger in Africa in 1989.
The United States has noted al-Qadhafi recent recantations on his
support for terrorism with some skepticism and caution.
Mr. Speaker, if indeed Mr. al-Qadhafi and his regime have indeed
reformed, the civilized world would feel a lot better if they had more
time to establish a favorable track record in this regard. To reward
such recent behavior with this very important and prestigious
appointment makes a mockery of what this commission stands for.
Mr. CARDIN. Mr. Speaker, I rise in strong support today of H. Con.
Res. 27, which condemns the selection of Libya to chair the United
Nations Commission on Human Rights.
The international community has long known that Libya has a
deplorable record on human rights and is a sponsor of terrorism. For
that reason, it is shocking that Libya is now the chair of a body
charged with the responsibility of promoting universal respect for
human rights and fundamental freedoms for the world's citizens.
The United Nations' decision to elect Libya as the Chair of the
United Nations Commission on Human Rights is alarming for several
reasons. First, it is remarkable that United Nations would even
consider Libya's candidacy for the position, given the fact that Libya
has not accepted responsibility for its role in the terrorist bombing
of Pan Am Flight 103 that killed hundreds of innocent people over
Lockerbie, Scotland, in 1988. Until Libya takes responsibility for its
actions and complies with particular Security Council mandates, Libya
cannot have any credibility in being the chair of a United Nations
commission that promotes human rights. In today's world, where we seek
to defeat the threat posed by international terrorism, it is
irresponsible for a state like Libya to be elected to such a leadership
position.
Second, Libya's selection to be chair of the United Nations
Commission on Human Rights reflects a disturbing trend in international
institutions. It has become highly prevalent that states which violate
human rights laws seek to secure positions in global bodies that
espouse such laws so they can protect their reputations and those of
similar regimes. Members of the international community must speak out
against such practices lest these institutions become a mockery of
international law and human rights.
I urge the House to pass this resolution, which states in the
strongest possible terms the outrage of Congress at the selection of
Libya to chair the United Nations Commission on Human Rights. The
Resolution clearly states that: (1) Libya is a gross violator of
[[Page H339]]
human rights; (2) it is a state sponsor of terrorism; (3) several
countries as well as international organizations have condemned Libya's
selection as chair of the Commission; (4) the United States is appalled
by the European Union's common position of abstention on the critical
vote over Libya's selection as chair of the commission; (5) the
Secretary of State should engage member countries to support the United
States efforts to ensure that states that are gross violators of human
rights or sponsors of terrorism not ascend to leadership positions in
the United Nations.
Libya has a horrific human rights record. Citizens do not choose
their leaders in free and fair elections, nor are they able to petition
their government for redress of grievances. It uses summary judicial
proceedings to suppress domestic opposition. Security forces torture
prisoners during interrogations and as punishment. Security forces
arbitrarily arrest and detain persons, and many prisoners are held
incommunicado. Many political detainees are held for years without
charge. There is not an independent judiciary that enforces legal
rights of citizens, and citizens do not have the right to a fair public
trial or to be represented by legal counsel. The government infringes
on citizens' privacy rights, and citizens do not have the right to be
secure in their homes or persons, or to own private property. Libya
restricts freedom of speech, press, assembly, association, and
religion. Is this the type of country that should be charged with being
the chair of a commission that promotes human rights? I think not.
Libya is one of seven countries on the State Department's list of
state sponsors of terror. As I have said in the past, Libya has
continued to acquire weapons of mass destruction and promote state-
sponsored terrorism. Last year, our Under Secretary of State for Arms
Control and International Security said that there was no doubt that
Libya seeks nuclear weapons. Furthermore, he said that Libya has
produced at least 100 tons of different kinds of chemical weapons. It
is antithetical to the United Nations' mission for peace that a state
engaged in creating global havoc be in charge of one of its most
important committees.
It is imperative that members of the international community do not
retreat from their responsibility to ensure that those charged with
monitoring human rights are not, in fact, grave violators themselves.
We must not give credibility to countries which violate human rights
and support terrorism. To do otherwise is to legitimize their
practices.
Congress has recently made its policy clear with respect to Libya's
alarming behavior. In 2001, Congress passed the Iran-Libya Sanctions
Act of 2001, which President Bush signed into law in August 2001. I was
an original co-sponsor of the bill, and in the Ways and Means Committee
I argued in favor of extending the current sanctions in place against
Iran and Libya for an additional five years. ILSA threatens the
imposition of economic sanctions against foreign entities investing in
Iran and Libya's energy sectors. ILSA combines deterrence (the
possibility of sanctions) with presidential discretion (through broad
waiver authority). ILSA has been very effective so far, the Congress
overwhelmingly approved the reauthorization of legislation to keep the
pressure on Libya and Iran to stop their pursuit of weapons of mass
destruction and ballistics missile technology. Libya also remains
hostile to the State of Israel and may support terrorist activities
against Israel.
Mr. Speaker, it is this great nation's hope that it can one day live
in a world where it is not threatened by international terrorism and
that human rights for all will be respected. The selection of Libya as
chair to the United Nations Commission on Human Rights undermines these
goals. I, therefore, urge the House to pass this resolution by a strong
bipartisan vote.
Mr. OSE. Mr. Speaker, I would like to thank the Chairman for bringing
this important issue to the attention of the House and the American
people.
Two years ago, many in this chamber were shocked when the United
States was removed from the United Nations Commission on Human Rights
and of the International Narcotics Control Board.
The U.S. was a founding member of the Human Rights Commission and
First Lady Eleanor Roosevelt was its first Chair.
The U.S. spends more money fighting the use of illegal narcotics than
any other nation in the world.
Despite these facts, some of our ``friends''--and I use the term with
increasing skepticism--at the United Nations felt it was more important
that nations like Libya and Syria serve on the U.N. agency overseeing
human rights and that the Netherlands--a country whose own Web page
admits they will not enforce their drug laws--should serve in our place
on a board designed to enforce drug laws.
Chairman Hyde stood up and led this body to call for the suspension
of U.S. funds to the U.N. until we were reinstated on the Human Rights
Commission. We are now back on that board.
I offered an amendment that passed this House to curtail our funding
of the International Narcotics Control Board until we were returned to
its membership. This year the U.S. was again shut out while Iran,
Brazil and Nigeria were added to the Board.
We have seen that the United Nations does not learn from its
mistakes. As former President Reagan might have said, ``There they go
again.''
While we have been reelected to the Human Rights Commission, Libya
has been elected to its Chairmanship. Think about that. Libya. A nation
led by a brutal dictator who is known to sponsor international
terrorism. Yet only two other nations joined the U.S. in opposing their
election to head this prestigious body whose duty is to protect human
rights. Eight European nations made the ``courageous'' decision to
abstain.
And in an example of how momentum is the true ruler of the United
Nations and its bloated bureaucracy, this year's meeting of the U.N.
Conference on Disarmament will be presided over by Iraq--despite the
fact that Iraq is under U.N. sanctions for failing to disarm and even
now faces international action for this failure.
I wish I could tell you I was surprised.
But the United Nations has not been the effective body it could have
been over the past two decades. Time and time again, the U.N. in recent
years has done more harm than good.
I still believe the U.N. can be a useful body. One that helps promote
dialogue and the exchange of ideas around the world. But many of its
members have forgotten that respect is earned through logical decisions
that advance the security of the world--not by blindly following
bureaucratic momentum that promotes rogue regimes at the expense of the
greatest democracies in the world.
I truly hope that the actions we take here today send a message to
the U.N. and its members that if they want the body to continue to be a
force for good and progress in the world, they must think before they
act and make decisions worthy of respect. The election of Libya to
Chair the Human Rights Commission, and the continued exclusion of the
U.S. from U.N. committees and boards, are not decisions of which they
should be proud.
Mr. LANTOS. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Otter). The question is on the motion
offered by the gentleman from Illinois (Mr. Hyde) that the House
suspend the rules and agree to the concurrent resolution, H. Con. Res.
27.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Ms. ROS-LEHTINEN. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
____________________