[Congressional Record Volume 150, Number 115 (Wednesday, September 22, 2004)]
[House]
[Pages H7381-H7386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CALLING FOR THE SUSPENSION OF SUDAN'S MEMBERSHIP ON THE UNITED NATIONS 
                       COMMISSION ON HUMAN RIGHTS

  Mr. SMITH of New Jersey. Mr. Speaker, I move to suspend the rules and 
concur in the Senate concurrent resolution (S. Con. Res. 137) calling 
for the suspension of Sudan's membership on the United Nations 
Commission on Human Rights.
  The Clerk read as follows:

                            S. Con. Res. 137

       Whereas in Darfur, Sudan, more than 30,000 innocent 
     civilians have been murdered, more than 400 villages have 
     been destroyed, more than 130,000 men, women, and children 
     have been forced from their villages into neighboring 
     countries, and more than 1,000,000 people have been 
     internally displaced;
       Whereas the United States Government has been, and remains 
     as of September 2004, the largest contributor of assistance 
     to the people of Darfur, having provided over $200,000,000 in 
     assistance, which constitutes more than 70 percent of the 
     total assistance provided to that region;
       Whereas the United States has pledged $299,000,000 in 
     humanitarian aid to Darfur through fiscal year 2005, as well 
     as $11,800,000 in support of the African Union mission in 
     that region, and is likely to provide support in excess of 
     those pledges;
       Whereas United States citizens and private organizations, 
     as well as the United States Government, have admirably 
     worked, at great risk and through great effort, to ease 
     suffering in Darfur, Sudan, and in eastern Chad;
       Whereas based on credible reports, Congress determined in 
     late July 2004 that acts of genocide were occurring in 
     Darfur, Sudan, and that the Government of Sudan bears direct 
     responsibility for many of those acts of genocide;
       Whereas expressing its grave concern at the ongoing 
     humanitarian crisis and widespread human rights violations in 
     Darfur, including continued attacks on civilians that place 
     thousands of lives at risk, the United Nations Security 
     Council on July 30, 2004, unanimously adopted Security 
     Council Resolution 1556, which called upon the Government of 
     Sudan to fulfill immediately its obligations to facilitate 
     humanitarian relief efforts, to take steps to disarm 
     immediately the Janjaweed militias responsible for attacks on 
     civilians and bring the perpetrators of such attacks to 
     justice, and to cooperate with independent United Nations-
     sponsored investigations of human rights violations;
       Whereas the Government of Sudan has failed to take credible 
     steps to comply with the demands of the international 
     community as expressed through the United Nations Security 
     Council;
       Whereas according to press reports, reports from 
     nongovernmental organizations, first-hand accounts from 
     refugees, and other sources, the Janjaweed attacks on the 
     civilians of Darfur continue unabated as of September 2004;
       Whereas there are credible reports from some of these same 
     sources that the Government of Sudan is providing assistance 
     to the Janjaweed militias and, in some cases, that Government 
     of Sudan forces have participated directly in attacks on 
     civilians;
       Whereas the United States Government, after conducting more 
     than 1,000 interviews with survivors and refugees, has 
     determined that genocide has occurred in Darfur, that it may 
     still be occurring, and that both the Janjaweed and the 
     Government of Sudan bear responsibility for these acts;
       Whereas the Secretary of State has determined that the 
     attacks by the Government of Sudan and the Janjaweed on the 
     non-Arab people of Darfur and their villages are based on 
     race, not religion;
       Whereas the United States has recently introduced a new 
     resolution in the United Nations Security Council that calls 
     for the Government of Sudan to cooperate fully with an 
     expanded African Union force and for a cessation of Sudanese 
     military flights over Darfur;
       Whereas the introduced resolution also provides for 
     international overflights of the Darfur region to monitor the 
     situation on the ground and requires the United Nations 
     Security Council to review the record of compliance of the 
     Government of Sudan to determine whether the United Nations 
     should impose sanctions on Sudan, including sanctions 
     affecting the petroleum sector in that country;
       Whereas the resolution also urges the Government of Sudan 
     and the Sudanese People's Liberation Movement to conclude 
     negotiations on a comprehensive peace accord and, most 
     important, calls for a United Nations investigation into all 
     violations of international humanitarian law and human rights 
     law that have occurred in Darfur in order to ensure 
     accountability;
       Whereas the United Nations Security Council, in United 
     Nations Security Council Resolution 1556, emphasized that the 
     Government of Sudan bears primary responsibility for 
     respecting human rights and protecting the people of Sudan;
       Whereas United Nations Security Council Resolution 1556 
     calls upon the Government of Sudan to cooperate with the 
     United Nations;
       Whereas the United Nations Human Rights Commission, 
     established in 1946 and given the responsibility of drafting 
     the Universal Declaration of Human Rights, is responsible for 
     promoting respect for and observance of, human rights and 
     fundamental freedoms for all;
       Whereas the Universal Declaration of Human Rights declares 
     that all human beings are born free and equal in dignity and 
     rights, that everyone is entitled to all the rights and 
     freedoms set forth in the Declaration regardless of race, 
     color, sex, language, religion, political or other opinion, 
     or national or social origin, property, birth, or other 
     status, that everyone has the right to life, liberty and 
     security of person, that no one shall be held in slavery or 
     servitude, and that no one shall be subjected to torture or 
     to cruel, inhuman, or degrading treatment or punishment;
       Whereas the Convention on the Prevention and Punishment of 
     Genocide, done at Paris on December 9, 1948 (hereafter in 
     this resolution referred to as the ``Genocide Convention''), 
     delineates the criteria that constitute genocide and requires 
     parties to prevent and punish genocide;
       Whereas Sudan is a state party to the Genocide Convention 
     and remains a member of the United Nations Commission on 
     Human Rights;
       Whereas the Secretary of State determined that, according 
     to United States law, the Government of Sudan is a state 
     sponsor of terrorism and has been since 1993 and therefore 
     remains ineligible for United States foreign assistance;
       Whereas due to the human rights situation in Darfur, it 
     would be consistent with United States obligations under the 
     Genocide Convention for the Secretary of State and the United 
     States Permanent Representative to the United Nations to seek 
     the immediate suspension of Sudan from the United Nations 
     Commission on Human Rights and, in the event a formal 
     investigation results in a determination by the United 
     Nations that genocide has occurred in Darfur, the ultimate 
     removal of Sudan from such Commission; and
       Whereas it is a mockery of human rights as a universal 
     principle, a challenge to the United Nations as an 
     institution, and an affront to all responsible countries that 
     embrace and promote human rights that a government under 
     investigation by the United Nations for committing genocide 
     against, and violating the human rights of, its own citizens 
     sits in judgment of others as a member in good standing of 
     the United Nations Commission on Human Rights: Now, 
     therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress--
       (1) recognizes and approves of the findings of the 
     Secretary of State that genocide has occurred and may still 
     be occurring in Darfur, Sudan, and that the Government of 
     Sudan bears responsibility for such acts;
       (2) supports the Secretary of State's call for a full and 
     unfettered investigation by the United Nations into all 
     violations of international humanitarian law and human rights 
     law that have occurred in Darfur, with a view to ensuring 
     accountability;
       (3) supports the resolution introduced by the United States 
     Government in the United Nations Security Council on 
     September 9, 2004, with regard to the situation in Darfur;
       (4) calls upon the Secretary of State and the United States 
     Permanent Representative to the United Nations to take 
     immediate steps to pursue the establishment of a formal 
     United Nations investigation, under Article VIII of the 
     Genocide Convention, to determine whether the actions of the 
     Government of Sudan in Darfur constitute acts of genocide;
       (5) calls upon the Secretary of State and the United States 
     Permanent Representative to the United Nations to take 
     immediate steps to pursue the immediate suspension of Sudan 
     from the United Nations Commission on Human Rights;
       (6) calls upon the Secretary of State and the United States 
     Permanent Representative to the United Nations to take 
     further steps to ensure that the suspension of Sudan from the 
     United Nations Commission on Human Rights remains in effect 
     unless and until the Government of Sudan meets all of its 
     obligations, as determined by the United Nations Security 
     Council, under United Nations Security Council Resolution 
     1556 of July 30, 2004, and any subsequent United Nations 
     Security Council resolutions regarding this matter;
       (7) calls upon the Secretary of State and the United States 
     Permanent Representative to the United Nations to take steps 
     to ensure that, in the event that the formal investigation of 
     acts of genocide in Sudan results in a determination by the 
     United Nations that genocide has occurred or is occurring in 
     Darfur, the United States Government takes appropriate 
     actions to ensure that Sudan is removed from the United 
     Nations Human Rights Commission;
       (8) calls upon the member states of the United Nations 
     Commission on Human Rights to convene an immediate special 
     session to consider the urgent and acute human rights 
     situation in Sudan for the purpose of considering whether 
     Sudan should be suspended from membership in such Commission; 
     and
       (9) expects the Secretary of State to report to Congress on 
     progress made toward taking the actions and accomplishing the 
     objectives

[[Page H7382]]

     outlined in this resolution not later than 60 days after the 
     date on which Congress agrees to the resolution.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Smith) and the gentleman from New Jersey (Mr. Payne) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Smith).
  (Mr. SMITH of New Jersey asked and was given permission to revise and 
extend his remarks.)
  Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I 
may consume.
  In April of 2004, Mr. Speaker, at the same time as world leaders were 
gathered in Kigali, Rwanda, to remember the Rwandan genocide of 10 
years earlier, a humanitarian cease-fire was signed between the 
government of Sudan, the Sudan Liberation Movement/Army, and the Sudan 
Justice and Equality Movement to end the atrocities and reverse the 
humanitarian crisis in Darfur. The agreement was facilitated by the 
U.S., European Union, the African Union and the United Nations. All 
parties agreed to take immediate steps to stop the violence and 
atrocities being perpetrated by the Janjaweed militias.
  Sadly, the agreement was not worth the paper it was written on, and 
the violence continued. The U.N. Humanitarian Coordinator for Sudan 
later said, ``The only difference between Rwanda and Darfur now is the 
numbers involved.'' President Bush confirmed this conclusion on 
September 9 by declaring ``The United States is appalled by the 
violence in Darfur, Sudan. The world cannot ignore the suffering of 
more than 1 million people.''
  Mr. Speaker, despite the best efforts of the U.S. Government, 
including the extraordinary efforts of Ambassador Williamson at the 
U.N. Conference in Geneva, and I was there and I saw it up close and 
personal, he did an extraordinary job; Sudan was given nothing more 
than a half-hearted slap on the wrist during the sixtieth session of 
the U.S. Commission on Human Rights which concluded its work in May. 
Like I said, I was there in Geneva, and I was appalled when Sudan was 
reelected to serve on the commission for another 2 years. The hypocrisy 
of the election of Sudan, one of the worst violators of human rights on 
the planet, to serve on the U.N. Commission For Human Rights should not 
be lost on anyone. It is utterly outrageous.
  Sudan now, as it has in the past, uses its clout on the Human Rights 
Panel to thwart scrutiny of its policies and to water down resolutions 
of condemnation. Sudan uses its seat on the committee to network and to 
collude with other rogue nations to run interference for the 
dictatorships. And again, I saw that firsthand as they were walking the 
halls in Geneva and working the room to try to water down resolutions.
  Finally, let me just say, Mr. Speaker, the atrocities committed in 
Darfur have all been well documented. An estimated 50,000 people have 
been killed and another 300,000 face imminent death in the coming 
months. Over a million have been displaced, and some 200,000 others 
have been forced to flee to neighboring Chad. This atrocity must come 
to an end. This resolution again puts us on record in trying to 
mitigate and, hopefully, end this crisis.
  Mr. Speaker, in April 2004, at the same time as world leaders were 
gathered in Kigali, Rwanda to remember the Rwandan genocide of 10 years 
earlier, a humanitarian cease-fire was signed between the government of 
Sudan, the Sudan Liberation Movement/Army, and the Sudan Justice and 
Equality Movement to end the atrocities and reverse the humanitarian 
crisis in Darfur. The agreement was facilitated by the United States 
Government, the European Union, the African Union, and the United 
Nations. All parties agreed to take immediate steps to stop the 
violence and atrocities being perpetrated by the Janjaweed militias.
  Sadly, the agreement wasn't worth the paper it was written on and the 
violence continued. The U.N. Humanitarian Coordinator for Sudan later 
said, ``The only difference between Rwanda and Darfur now is the 
numbers involved.'' President Bush affirmed this conclusion on 
September 9 by declaring, ``The United States is appalled by the 
violence in Darfur, Sudan . . . The world cannot ignore the suffering 
of more than one million people.''
  Despite the best efforts by the United States Government, including 
the extraordinary efforts of Ambassador Williamson, Sudan was given 
nothing more than a half-hearted slap on the wrist during the 60th 
Session of the U.N. Commission on Human Rights, which concluded its 
work in May. I was there in Geneva and was appalled when Sudan was 
reelected to serve on the Commission for another two years. The 
hyprocacy of the election of Sudan--one of the worst violators of human 
rights on the planet--to serve on the U.N. Commission for Human Rights 
should not been lost on anyone. It is utterly outrageous.
  Sudan uses its clout on the Human Rights Panel to thwart scrutiny of 
its policies and to water down resolutions of condemnation. Sudan uses 
its seat on the Committee to network and collude with other rogue 
nations to run interference for dictatorships.
  Mr. Speaker, this is the third time in the past 4 months that this 
House has considered resolutions which have shed light on the crisis in 
the Darfur region. The first resolution, House Concurrent Resolution 
403, condemned the Government of Sudan for its attacks against 
civilians in Darfur. The second, House Concurrent Resolution 467, 
declared that the atrocities taking place in Darfur constitute 
genocide. This declaration of genocide was affirmed by President Bush 
and Secretary of State Powell. Senate Concurrent Resolution 137, which 
lies before you now, represents a logical next step.
  Senate Concurrent Resolution 137 endorses the Secretary of State's 
call for an investigation into violations of international humanitarian 
law and human rights law that have occurred in Darfur, and calls for 
Sudan's suspension from the Commission on Human Rights until that 
investigation has been completed. Should the investigation lead to a 
determination by the United Nations that genocide has occurred or is 
occurring in Darfur, the resolution calls for the removal of Sudan from 
the Human Rights Commission. Finally, the resolution calls upon the 
Member States of the Human Rights commission to convene an immediate 
special session to consider suspension of Sudan's membership.

  The atrocities committed in Darfur have been well documented. An 
estimated 50,000 people have been killed, another 300,000 face certain 
death in the coming months, over a million have been internally 
displaced and some 200,000 others have been forced to flee to 
neighboring Chad. Attacks show a systematic pattern and include murder, 
rape, gender-based violence, and other scorched earth tactics. Despite 
the existence of a cease-fire, African Union monitors have confirmed 
government support for and participation in attacks against civilians 
in Darfur as recently as August 26, 2004. Human Rights Watch reports 
that the Sudanese Government has allowed the Janjaweed to maintain 
military camps in all Darfur states--several of which they share with 
the Sudanese Army--and that many Janjaweed have been incorporated into 
the army or police.
  On July 22, 2004 the House voted unanimously to declare that the 
atrocities in Sudan constituted genocide. On September 9, 2004, the 
State Department followed suit, releasing a report which outlines these 
atrocities and concludes that the Sudanese Government has ``promoted 
systematic killings based on race and ethnic origin,'' and that these 
acts constitute genocide.
  It is unconscionable that a government which has perpetrated genocide 
would be welcome to sit on the U.N. Commission on Human Rights--the 
very body charged with the protection of human rights around the globe. 
Sudan should be in the dock--being held accountable for crimes against 
humanity. Sudan's flagrant disregard for the principles enshrined in 
the Universal Declaration of Human Rights makes a mockery of the Human 
Rights Commission's work, and tangibly undermines that work. Its 
continued presence on that Commission degrades the United Nations 
system as a whole.
  The preamble to the Universal Declaration of Human Rights places 
great importance on each member country having a common understanding 
of human rights and freedoms. One must wonder if the Government of 
Sudan, which has demonstrated such a flagrant disregard for these 
principles, has ever read that document. If they have, surely they have 
not taken it to heart.
  Mr. Speaker, I welcome the recent adoption of United Nations Security 
Council Resolution 1565, which establishes the International Commission 
of Inquiry called for by both this body and by President Bush. But in 
light of the evidence already before us, I believe it would be 
extraordinarily difficult to make an argument against suspending 
Sudan's membership from the U.N. Commission on Human Rights. This 
resolution is timely, it is logical, and I urge your support.
  Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that 
the gentleman from New York (Mr. McHugh) control the remaining time on 
our side.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?

[[Page H7383]]

  There was no objection.
  Mr. SMITH of New Jersey. Mr. Speaker, I reserve the balance of my 
time.
  Mr. PAYNE. Mr. Speaker, I rise in strong support of this resolution, 
and I yield myself such time as I may consume.
  Mr. Speaker, I would first like to commend our colleagues in the 
Senate for passing this critically important resolution. The passage 
was in the spirit of a bipartisan, bicameral coalition that has worked 
together over the last few years and few months, in particular, on the 
problem in Darfur, to bring peace and justice there. I commend the 
gentleman from New Jersey (Mr. Smith) on his statement and all of those 
who have worked so diligently, including the gentleman from Colorado 
(Mr. Tancredo), the gentleman from Virginia (Mr. Wolf), the gentleman 
from Maryland (Mr. Cummings) of the Black Caucus, who have all come 
together to support the terrible actions of the government of Sudan.
  Mr. Speaker, this past May, the United Nations Economic and Social 
Council voted on candidate states for 14 open seats on the Human Rights 
Commission, the monitoring watchdog of the United Nations. To the 
dismay of the international community, Sudan was nominated from the 
Africa group.
  Just one month later, the commission censured Sudan over its severe 
human rights violations in the country's western Darfur region. Sudan 
was charged with systematically destroying whole villages, executing 
civilians, raping women and displacing hundreds of thousands of people. 
I went to that region, to Chad and went 30 miles from the border of 
Sudan and talked to the refugees there and heard firsthand the horrible 
stories that they told us about rapes and beatings of children, boys 
being forced into huts and the huts being burned, just horrible, 
horrible stories.
  Mr. Speaker, this is the same government that gave sanctuary to Osama 
bin Laden from 1991 to 1996, allowing him to build his terror network 
worldwide. In fact, I would argue that al Qaeda was conceived and 
created in Sudan in the early 1990s. Other terrorist acts also link 
current officials directly to a number of the terrorist acts, and they 
still sit in the government of Sudan.
  Mr. Speaker, in the north-south conflict, more than 2 million people 
perished, and an estimated 5 million people have been displaced over 
the last decade. It is the same government that terrorized, enslaved 
and killed innocent civilians in southern Sudan and the Nuba that is 
now yet again engaged in the terror campaign that we see in Darfur in 
western Sudan. We cannot stand idly by, silent and allow Sudan a seat 
on that body while it is responsible for the ongoing genocide against 
the people of Darfur.
  Before the House and Senate adjourned for summer recess, both 
chambers took a historic step in passing a resolution declaring that 
genocide is occurring in Darfur. The Congress has never declared 
genocide while it was occurring. So this was a giant step forward.
  Finally, the administration came to the same conclusion following its 
own independent investigation, that the Sudanese government was 
sponsoring genocide by the Janjaweed militia against the ethnic 
Africans in Darfur.
  This past Saturday, the U.N. Security Council approved a U.S.-
sponsored resolution asking U.N. Secretary Kofi Annan to set up an 
investigative commission. This Commission would determine whether the 
violence in Darfur amounts to genocide. The resolution also threatens 
oil and other targeted sanctions against Sudan if atrocities continue 
in Darfur.
  We were disappointed by the weak nature of this resolution and for 
its limited effects. The reaction from Khartoum that ``it could have 
been a lot worse'' shows us how far we are from a strong resolution on 
Darfur. While it passed by 11 votes, I must express extreme 
disappointment with China, Algeria, Russia and Pakistan, the four 
nations that abstained from supporting this resolution. As a matter of 
fact, China had declared that it may veto it, and therefore, the 
resolution was really diluted, and they still abstained.
  We, as the United States, need to rethink our relationships with 
these nations. One suggestion could be that we revoke Normal Trade 
Relations status with the People's Republic of China. How would they 
like it if we said, no longer do you have normal trade relations or, as 
we used to call it, preferential treatment. I think it would perhaps 
make them sit up and listen.
  Pakistan, called a friend by the administration for its partnership 
in the war on terrorism, is promoting the terrorist government of Sudan 
by abstaining on the vote. In a statement today, Khartoum called these 
nations its ``true friends.''
  While the government of Sudan grudgingly accepted the resolution, as 
we speak its surrogate militias continue their gruesome assault on 
innocent men, women, and children in Darfur. Further, in response for 
calls to international civilian protection forces, Khartoum's leaders 
threatened to open the ``five gates of hell'' against such protection.
  In a cynical attempt to pretend it has taken action to protect its 
civilians, Khartoum has recycled Janjaweed militia killers to the Sudan 
police force and is now using them to guard the camps for the 
displaced.
  Mr. Speaker, how can we expect killers to protect those who they seek 
to kill? It is an unconceivable notion. How can we stand by and allow 
this murderous regime to sit on the U.N. Human Rights Commission?
  Mr. Speaker, with more than as many as 50,000 civilians slaughtered 
and over 1 million driven off their lands into unprotected camps, we 
cannot allow Khartoum to degrade the purposes of the Human Rights 
Commission by its presence. It is incumbent that the United States 
Government continue to lead the world on this matter of genocide and do 
everything possible to have Sudan suspended from the Commission.
  The African Union should be recognized for what they are doing in 
sending 300 monitors to Darfur, but this is definitely not enough. The 
AU has been sponsoring negotiations between the parties in Abuja, 
Nigeria, since August 23. The combination of international pressure and 
facilitation by the AU hopefully will help move Darfur out of this 
crisis and on to the road of peace.
  Mr. Speaker, I commend Secretary of State Colin Powell for finally 
calling the Darfur genocide by its rightful name. I also want to say 
that we must, as Secretary Powell has stated, support the AU. It is our 
responsibility as members of the international community and the United 
States in particular, as the world's wealthiest Nation, to work along 
with the African Union and not leave the formidable Darfur crisis to 
fall on their shoulders alone. They need our support.
  So, therefore, I would like to also urge all of our colleagues in the 
House to support H.R. 5061, introduced by the gentleman from Colorado 
(Mr. Tancredo) and myself to provide assistance for the current crisis 
in the Darfur region of Sudan and to facilitate a comprehensive peace 
plan in Sudan. I urge my colleagues to support S. Con. Res. 137.
  Mr. Speaker, I reserve the balance of my time.


                             General Leave

  Mr. McHUGH. 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 the Senate concurrent resolution now 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. McHUGH. Mr. Speaker, it is my honor now to yield such time as he 
may consume to the gentleman from Virginia (Mr. Wolf), a gentleman who 
is certainly no stranger to humanitarian causes and who has traveled 
the world over in support of the oppressed wherever they may be found 
and no stranger to this region and the good people of this Congress.
  (Mr. WOLF asked and was given permission to revise and extend his 
remarks.)
  Mr. WOLF. Mr. Speaker, I thank the gentleman for yielding me this 
time, and I thank the gentleman from New Jersey (Mr. Payne) for his 
faithfulness and his leadership on this issue. I share his statement, 
and I am a supporter of his bill and the gentleman from Colorado (Mr. 
Tancredo), and I urge all

[[Page H7384]]

Members on both sides to cosponsor his bill.
  Mr. Speaker, I rise in strong support of S. Con. Res. 137 calling for 
the suspension of Sudan's membership on the United Nations Commission 
on Human Rights. I want to commend Majority Leader Frist and the 
gentleman from Illinois (Speaker Hastert) for moving this important 
resolution very quickly through the Congress, and also the gentleman 
from Illinois (Mr. Hyde) and the gentleman from California (Mr. 
Lantos).
  On September 9, Secretary of State Colin Powell declared that 
genocide is occurring in Darfur, and we all owe Secretary Powell a debt 
of gratitude, because that took a tremendous amount of courage, and he 
did it.
  Sudan is accused of the most heinous crime which can be inflicted on 
an entire group of people. The gravity of what is occurring must not be 
lost on anyone, not the United States, not the international community 
and certainly not the United Nations.
  On July 30, the United Nations Security Council unanimously adopted 
Security Council Resolution 1556, calling on the government of Sudan to 
fulfill immediately its obligation to facilitate humanitarian relief 
efforts and disarm the Janjaweed militia, bring those responsible for 
atrocities in Darfur to justice and to cooperate with U.N.-sponsored 
human rights monitors.
  To date, the government of Sudan has failed, has failed to comply 
with that U.N. resolution.
  The Janjaweed is still attacking innocent civilians with support from 
the government of Sudan, and as recently as late August, credible 
reports point to direct attacks on villages by the government of Sudan. 
Just last week, the U.N. Security Council passed a new resolution, as 
the gentleman from New Jersey said, stating that the government has 
failed to meet the requirements under the previous resolution and 
calling on Sudan to cease attacks and cooperate fully with the expanded 
African Union force or face economic sanctions.
  It may come as a surprise to some that Sudan, the country that is 
committing genocide, the country that is allowing people to go on to 
kill men, rape women, abduct children and burn villages, sits on the 
United Nations Human Rights Commission, the lone body responsible for 
promoting respect for and observance of human rights and fundamental 
freedoms.

                              {time}  1715

  I call on the United Nations to seek the immediate suspension of 
Sudan from the United Nations Commission on Human Rights. And if the 
United Nations determines that genocide has occurred in Darfur, to see 
that Sudan is permanently banned from the commission. This is a test 
for the United Nations. More importantly in some respects, this is a 
test for Kofi Annan. Kofi Annan is a good man, decent, honest. But Kofi 
Annan was the head of the U.N. Peacekeeping Forces in 1994 when the 
genocide swept through Rwanda and 800,000 Tutsis died. The fact that he 
was in at that time when genocide took place in Rwanda and is now the 
head of the whole organization when genocide is taking place in Darfur 
gives him a tremendous burden and responsibility and that 
responsibility is to immediately seek the suspension of Sudan from the 
Commission of Human Rights. It is a slap in the face to the pursuit of 
universal human rights and a direct affront to the United Nations and 
all countries which respect the God-given rights of their citizens to 
have Sudan sit in judgment of others as a member of that commission.
  I urge every Member to vote in favor of this resolution. I thank the 
chairman. I want to particularly thank the gentleman from New Jersey 
(Mr. Payne). He has been there from the very, very beginning as many 
others have, the Black Caucus has, the gentleman from Colorado (Mr. 
Tancredo), Senator Brownback, Senator Frist and many others. I think 
eventually we will be successful, but I want to thank the gentleman.
  Mr. PAYNE. Mr. Speaker, let me thank the gentleman who has really 
done an outstanding job in this area for a decade, and I certainly 
would like to associate myself with his remarks.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from Maryland (Mr. Hoyer).
  Mr. HOYER. Mr. Speaker, I thank my friend, the gentleman from New 
Jersey (Mr. Payne), for yielding me time.
  I want to join the gentleman from Virginia (Mr. Wolf) and the 
gentleman from New York (Mr. McHugh) and others in congratulating the 
gentleman from New Jersey (Mr. Payne) for his leadership, his 
tenacious, unwavering leadership on this issue, calling the Congress's 
attention, calling America's attention, indeed, focusing the 
international community's attention on the genocide that is occurring 
before our eyes.
  Mr. Speaker, the international community can no longer avert its eyes 
from the humanitarian and human rights catastrophe that is occurring in 
the Darfur region of Sudan today. Secretary of State Powell has labeled 
the killings in Darfur as genocide, pointing out that the attacks on 
innocent men, women, and children by the Sudanese government and the 
Arab militia group called the Janjaweed are part of a ``coordinated 
effort, not just random violence.'' This is an intentional, considered 
act of murder.
  The United Nations calls the situation the ``world's worst 
humanitarian crisis.'' An estimated 30,000 civilians have been 
murdered. More than 400 villages have been destroyed. One million 
people have been displaced, and 130,000 have fled to neighboring Chad. 
And still, and still the international community stands on the 
sidelines.
  Mr. Speaker, inaction in the face of genocide must not be an option. 
The international community and the United States must be prepared to 
act to end the armed conflict at the heart of this crisis. Regrettably, 
the U.N.'s record of responding to crises of this type and magnitude, 
notably in Rwanda and the Balkans, has been shameful, shameful. The 
United Nations talks about it, but it does not walk. The United Nations 
rings its hands but does not raise its hands to stop the killing.
  I watched with grief as the United Nations blue helmets were on the 
ground in Bosnia, watching genocide be perpetrated, and they did 
nothing to stop it. We watched as the world, ourselves included, 
lamented what was happening in Rwanda and 800,000 defenseless, innocent 
souls perished because the mighty stood by and watched. History will 
not judge us well for that negligence.
  Did the slaughter of hundreds of thousands 10 years ago not teach us 
anything? Does the painful memory of our inaction then not compel a 
different response today? The answer is muted at best.
  We pass resolutions in this body. We talk in New York and people die. 
We continue to talk in New York and people are displaced. We continue 
to talk in New York and women are raped. We continue to talk in New 
York and children starve. Talk is cheap. Talk does not stop killing. 
Talk does not stop genocide.
  It is time for the world to act. This resolution by itself will not 
diffuse the crisis or stop the bloodshed, but it is nevertheless a 
siren call to the world that we can no longer ignore the genocide, we 
can no longer rationalize those who commit it. We ought not to treat as 
citizens of the world and the United Nations nations who commit 
genocide.
  This resolution is an explicit recognition that is not only a 
perverse, but a grotesque, situation that Sudan is allowed to retain 
its membership on the United Nations Commission on Human Rights. What 
kind of world do we live in where the perpetrator of genocide is 
included on the nations of the world's Commission on Human Rights? Is 
there no intellectual honesty in the international community?
  This resolution would urge our Nation's representatives at the U.N. 
to seek the immediate suspension of Sudan from the commission. I would 
go further than that. I would suggest the immediate suspension of Sudan 
from membership in the United Nations until this genocide stops. But 
this resolution is appropriate. It is not enough, but it is a step; and 
I support it.
  I thank my friend from New Jersey (Mr. Payne) for his leadership and 
for his yielding me time.
  Mr. McHUGH. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Alabama (Mr. Bachus) who also has a great interest in 
this resolution and is a member of this cause.

[[Page H7385]]

  (Mr. BACHUS asked and was given permission to revise and extend his 
remarks, and include extraneous material.)
  Mr. BACHUS. Mr. Speaker, I thank the gentleman for yielding me time.
  I too want to commend the gentleman from New Jersey (Mr. Payne). As 
the gentleman knows, I have been a member of this Congress since 1992; 
and it seems like ever since I have been a member of this Congress, we 
have been hearing about Sudan. We first heard about Sudan when the 
Secretary of State declared Sudan a state sponsor of terrorism and 
determined that they had been since 1993.
  We may recall that Osama bin Laden, who many of us were unaware of 
who he was and what he was until 9/11, but he in fact had his base of 
operations in Sudan. He was sponsored by the government of Khartoum. It 
is the same Sudan that we are here today talking about. The gentleman 
from New Jersey (Mr. Payne), the gentleman from Virginia (Mr. Wolf), 
Senator Brownback, many have traveled to Sudan. We have talked to 
refugees. We have talked to survivors from Southern Sudan, people who 
have witnessed their families being killed.
  At that time we suspected that religion may be the root cause because 
many of those in Southern Sudan were Christians. The Khartoum 
government was a Muslim government. All was a factor. But whatever the 
factors, we spoke out and as this House sponsored a sanction, a similar 
sanction to what the U.N. is considering now against the oil. The 
Sudanese government duly pulled back at that time, and we passed with 
only two dissenting votes. It was a strong sanction. It went over to 
the Senate, and it died there.
  Since that time, the one difference in the sanctions that are being 
considered now and the sanctions that were being considered then is 
that 2 million Sudanese have died. Action is too late for them. Their 
bones have long since been buried in Sudan where there are too many 
graves.
  This latest action by Sudan, and all this time they were members of a 
select group, the United Nations Commission on Human Rights, a country 
where we have witnessed the worst human rights violations and the worst 
humanitarian violations known to the world, has sat this entire time on 
the U.N. body that is designed to take action against. What a travesty. 
What an embarrassment. What a blight on our international community and 
on the U.N.
  This resolution is a start; but, I would say, and the gentleman from 
Virginia (Mr. Wolf) and I had thought maybe he might do it today, he 
introduced back on September 9 ``Documenting Atrocities in Darfur.'' 
And what we are now witnessing in Western Sudan, for a while in 
Southern Sudan it was hidden, and there were explanations given by the 
Sudanese government. There is no explanation. There is no 
justification. There is no, there are simply no grounds for what is 
happening in Western Sudan today.
  It follows a pattern. And the Sudanese government says we cannot 
control these Arab militia, Janjaweed. We cannot control them. They say 
this is a historic thing between nomadic Arab tribesmen and black 
farmers, and it is just something that has gone on for hundreds of 
years.
  What has gone on for hundreds of years is they have lived peacefully 
together for hundreds of years. What is going on today is not an Arab 
militia out of control. It is, in fact, the government of Khartoum.
  Thirteen hundred survivors were interviewed, and 25 percent of them 
said it was not Arab militia. It was government bombers and aircraft 
and helicopters who flew over our villages, strafed our villages, 
killed our people. It was not Arab militia because the Arab militia did 
not have aircraft. They did not have helicopters. This was the 
government of Khartoum.
  Of those interviewed, half of the survivors say that government 
troops participated in these raids and in these attacks. Read, if you 
will, what some of these refugees said. Here is what one said. He said, 
``Slaves run. Leave the country. You don't belong here. Why are you not 
leaving this area? This area is for Arab cattle to go graze, not 
yours.''
  A Sudanese tribesman was told by a man in a brown uniform and a 
hundred of his followers, ``This place belongs to Arab tribes. Blacks 
must leave.''
  Look, if you will. I would ask every Member to read ``Documenting 
Atrocities in Darfur.'' It is only five pages long.

                              {time}  1730

  First, the government aircraft comes in and strafes the village, and 
then the Janjaweed or government soldiers come in. They burn the 
village. They kill the livestock, they drop them down the wells to 
poison the wells, but then they began shouting racial epithets at the 
survivors. They rape women in front of their husbands and children. 
They kill any young man that is of military age between the ages of 18 
and 25 and then they drive the rest off.
  Today, as a result of all this, what do we find? We find that 1.25 
million Sudanese are living in refugee camps. Those are the fortunate 
ones that have survived, but they are not fortunate by any other terms 
because they are at this time permanently displaced.
  Let me say this. This is what we should always be mindful of. We need 
a permanent solution. What the Sudanese Government has done is, they 
have allowed humanitarian aid to come in on occasion to feed these 
people in these refugee camps. They have talked to some of the leaders 
of the opposition. They have engaged in talks, and they have allowed 
government troops from other areas to come in and protect the refugee 
camps. But all of this time, they have not gone after the Arab militia.
  They have not controlled them. They are continuing to arm them, and 
they go out in the villages and destroy villages, this month, last 
month. And their design is to never let these people return home, never 
to let them go home, to allow them to stay in these refugee camps, a 
permanently displaced population of millions of people, and let 
international forces feed those people. That simply will not do.
  Those people need to return to their villages. They need to be 
protected. These Arab militia and their leaders need to be brought to 
justice, and we can at least start this process.
  The last time we voted sanctions on Sudan, 3 years ago and a million 
deaths ago, two Members of this body voted against it. Today, I hope, 
as God is our witness, that this is a unanimous vote and that it is not 
the end of things, it is only the beginning of things.
  I second everything that the gentleman from Maryland (Mr. Hoyer) and 
the gentleman from Virginia (Mr. Wolf) said about the United Nations. 
This is genocide in every sense of the word. It is ethnic cleansing in 
every sense of the word. And for it to be permitted, sanctioned by the 
United Nations is a travesty and an atrocity in and of itself.

       Analysis of the refugee interviews points to a pattern of 
     abuse against members of Darfur's non-Arab communities, 
     including murder, rape, beatings, ethnic humiliation, and 
     destruction of property and basic necessities. Many of the 
     reports detailing attacks on villages refer to government and 
     militia forces, preceded by aerial bombardment, acting 
     together to commit atrocities. Respondents said government 
     and militia forces wore khaki or brown military uniforms. 
     Roughly one-half of the respondents noted GOS forces had 
     joined Jingaweit irregulars in attacking their villages. 
     Approximately one-quarter of the respondents said GOS forces 
     had acted alone; another 14 percent said the Jingaweit has 
     acted alone. Two-thirds of the respondents reported aerial 
     bombings against their villages; four-fifths said they had 
     witnessed the complete destruction of their villages. Sixty-
     one percent reported witnessing the killing of a family 
     member. About one-third of the respondents reported hearing 
     racial epithets while under attack; one-quarter witnessed 
     beatings. Large numbers reported the looting of personal 
     property (47 percent) and the theft of livestock (80 
     percent).
       Most reports followed a similar pattern:
       1. GOS aircraft or helicopters bomb villages.
       2. GOS soldiers arrive in trucks, followed closely by 
     Jingaweit militia riding horses or camels.
       3. GOS soldiers and militia surround and then enter 
     villages, under cover of gunfire.
       4. Fleeing villagers are targets in aerial bombing.
       5. The Jingaweit and GOS soldiers loot the village after 
     most citizens have fled, often using trucks to remove 
     belongings.
       6. Villages often experience multiple attacks over a 
     prolonged period before they are destroyed by burning or 
     bombing.

  Mr. PAYNE. I thank the gentleman from Alabama for his very passionate 
remarks and all of his support for

[[Page H7386]]

many years, even in the capital market sanctions. I really commend him 
for that.
  Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from New York 
(Mr. Meeks).
  (Mr. MEEKS of New York asked and was given permission to revise and 
extend his remarks.)
  Mr. MEEKS of New York. Mr. Speaker, let me just say thanks to the 
gentleman from New Jersey (Mr. Payne), to the gentleman from Virginia 
(Mr. Wolf) and the gentleman from New York (Mr. McHugh) for the fine 
work that they have done in bringing this resolution to the floor.
  We are here to speak about, why is it that the world is not doing 
more to stop the Sudanese Government troops and their allied military, 
the Janjaweed? Together, they have raped, tortured, maimed and burned 
entire villages to cleanse the area of African Muslims resulting in 
close to 50,000 deaths.
  Another 1.5 million persons have been forced from their homes into 
camps where they remain vulnerable to attacks by the Janjaweed, who are 
among the police guarding the camps. The world cannot continue to 
condone this genocide.
  We can also not continue to condone the presence of human rights 
abusers on a commission that is charged with protecting human rights 
because it is ridiculous and unconscionable to think that the very 
perpetrator of a genocide could also be the enforcer of human rights. 
But that is exactly what is happening by allowing Sudan to continue to 
serve on the United Nations Human Rights Commission.
  That is why I stand behind this bill to suspend the Sudan from the 
U.N. Commission on Human Rights and for the U.N. to launch a formal 
inquiry into its acts of genocide in Sudan.
  Let us hope the world will begin to work harder to end the atrocities 
by, first, suspending Sudan from a commission it fails to respect, and 
second, by standing behind the efforts of the African Union to stop 
these atrocities.
  We are here today to simply speak about why it is that the world is 
not doing more to stop Sudanese government troops and their allied 
militia, the Janjaweed. Together they have raped, tortured, maimed, and 
burned entire villages to cleanse African Muslims from the area--
resulting in close to 50,000 deaths. Another 1.5 million persons have 
been forced from their homes and into camps, where they remain 
vulnerable to attacks by the Janjaweed, who have been hired as police 
to guard the camps. The world cannot continue to condone this genocide.
  We can also not continue to condone the presence of human rights 
abusers on a Commission that is charged with protecting Human Rights. 
It is simply unconscionable to think that the very perpetrators of 
genocide could also be the enforcers of human rights. But that is 
exactly what is happening by allowing Sudan to continue to serve on the 
United Nations Human Rights Commission.
  Numerous reports provide evidence of the Sudanese government's 
involvement in actively committing atrocities in Darfur. However, the 
Sudanese government continues to deny any connection to the atrocities 
carried out by the Janjaweed and simultaneously, has done little to 
stop them. By insisting that no genocide is taking place and repeatedly 
denying any responsibility for protecting their own people, the 
Sudanese government has demonstrated that it is not fit to serve on the 
United Nations Human Rights Commission.
  What is needed now is action from the international community. First, 
Sudan's membership on the United Nations Human Rights Commission must 
be suspended. The universal declaration on human rights states that, 
``everyone has the right to life, liberty and security of person'' and 
that no ``state, group or person has any right to engage in any 
activity or to perform any act aimed at the destruction of any of the 
rights and freedoms.'' The Sudanese government, through its involvement 
in perpetrating the genocide in Darfur, and its inaction in doing 
anything to resolve the humanitarian crisis, is in violation of the 
basic principles of the United Nations Human Rights Commission. It, 
therefore, cannot remain a member.
  Second, the international community must offer increased support to 
the African Union, which has been a leader in attempting to resolve the 
conflict in Sudan. In addition to leading peace talks, the African 
Union has led a small contingency of troops to Darfur to monitor the 
cease-fire and serve as observers. The African Union must be 
congratulated on these efforts. Additionally, support for their efforts 
must be increased. It is essential that the African Union's force be 
enlarged and allotted a robust mandate to protect Darfur's civilians 
from new attacks.
  We can no longer sit on the sidelines and pretend that nothing is 
going on while the Sudanese government commits crime after crime 
against humanity. Murder, rape, forced displacement--these are clearly 
not the tools of human rights supporters. That is why I stand behind 
this bill to suspend Sudan from the U.N. Commission on Human Rights and 
for the U.N. to launch a formal inquiry into the acts of genocide in 
Sudan.
  Mr. PAYNE. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. McHUGH. Mr. Speaker, I yield myself such time as I may consume.
  Very briefly, I thank all of the Members on both sides, certainly the 
gentleman from New Jersey (Mr. Payne). And my compliments to the 
gentleman from New Jersey for his leadership not only on this issue but 
on so many involving human rights. And the gentleman from Maryland (Mr. 
Hoyer), my colleague, the gentleman from New York (Mr. Meeks), of 
course, and my two colleagues on our side of the aisle, the gentleman 
from Virginia (Mr. Wolf) and the gentleman from Alabama (Mr. Bachus) 
have summed up the horror of this situation and the incredible 
circumstances which surround it.
  I join with the gentleman from Alabama's (Mr. Bachus) closing 
comments that certainly all of us hope and pray that we will have 
resounding support for this very necessary, unfortunately very 
necessary resolution, and one that in no way exceeds the dire 
circumstances in which the Sudan, the Darfur region, finds itself.
  Mr. LANGEVIN. Mr. Speaker, as a member of the Congressional Human 
Rights Caucus, I am pleased to support the resolution before us today 
and to add my voice to those speaking out against the brutality the 
world is witnessing in Sudan. This Congress has repeatedly condemned 
both the atrocities committed by the Janjaweed militia and the Sudanese 
government's insufficient response to such horrendous acts. Since 
violence began in the Darfur region in February 2003, tens of thousands 
of people have been killed and more than a million have been displaced 
from their homes. Sadly, despite repeated calls from the international 
community, the Sudanese government has not reined in the militia 
groups, and the killing continues. The World Health Organization now 
estimates that between 6,000 and 10,000 are dying every month from 
violence and disease.
  It is unfortunate that we must again come to the floor to express our 
collective outrage about the situation in Sudan. I was pleased that the 
U.N. Security Council adopted a resolution last week that establishes 
an inquiry into the violence in the Darfur region to determine whether 
it constitutes genocide. The resolution also threatens sanctions 
against Sudan, a tool we must seriously consider if we do not witness 
rapid improvements. However, the strong sentiments expressed in the 
U.N. Security Council Resolution are undermined by the fact that Sudan 
still holds a seat on the U.N. Human Rights Commission--even while its 
government betrays the very principles on which the Commission was 
founded. The resolution before us today is a clear condemnation of this 
glaring inconsistency and will place greater pressure on the Sudanese 
government to act responsibly and protect its citizens from harm. I 
urge my colleagues to support S. Con. Res 137.
  Mr. McHUGH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Terry). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Smith) that the House 
suspend the rules and concur in the Senate Concurrent Resolution, S. 
Con. Res. 137.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate concurrent resolution 
was concurred in.
  A motion to reconsider was laid on the table.

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