[Congressional Record Volume 152, Number 37 (Wednesday, March 29, 2006)]
[House]
[Pages H1281-H1283]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPRESSING SENSE OF THE HOUSE REGARDING RELIGIOUS PERSECUTION IN
AFGHANISTAN
Mr. PENCE. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 736) expressing the sense of the House of
Representatives that legal action in Afghanistan against citizens who
have already converted or plan to convert to other religions is
deplorable and unjust.
The Clerk read as follows:
H. Res. 736
Whereas the United States, at great cost in blood and
treasure, helped the people of Afghanistan liberate
themselves from the tyranny of the Taliban and adopt free
institutions and practices, including respect for rule of law
and internationally recognized human rights;
Whereas the preamble of the Constitution of the Islamic
Republic of Afghanistan affirms that the people of
Afghanistan are ``for creation of a civil society free of
oppression, atrocity, discrimination, and violence and based
on the rule of law, social justice, protection of human
rights, and dignity, and ensuring the fundamental rights and
freedoms of the people'';
Whereas Article 7 of the Constitution of the Islamic
Republic of Afghanistan provides that ``the state shall
observe the United Nations Charter, inter-state agreements,
as well as international treaties to which Afghanistan has
joined, and the Universal Declaration of Human Rights,''
which includes the right to freedom of thought, conscience,
and religion and the freedom to change one's religion or
belief;
Whereas Article 18 of the International Covenant on Civil
and Political Rights, to which Afghanistan has acceded,
provides that ``[e]veryone shall have the right to freedom of
thought, conscience and religion . . . [t]his right shall
include freedom to have or to adopt a religion or belief of
his choice, and freedom, either individually or in community
with others and in public or private, to manifest his
religion or belief in worship, observance, practice and
teaching''; and
Whereas the President of the United States has expressed
his concern about the Abdul Rahman apostasy case, stating
that ``[i]t is deeply troubling that a country we helped
liberate would hold a person to account, because they chose a
particular religion over another'': Now, therefore, be it
Resolved, That the House of Representatives--
(1) condemns, in the strongest possible terms, the
enforcement of laws against apostasy;
(2) requests the President to continue to work with the
Government of Afghanistan to establish better protections for
religious minorities, including converts to minority
religions, and to enhance human rights protections in
Afghanistan; and
(3) calls upon the Government of Afghanistan, and
especially President Hamid Karzai, to continue to conform
Afghan laws to Afghanistan's international human rights
treaty obligations, thereby protecting Afghan citizens who
have converted or plan to convert to other religions from
prosecution.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Indiana (Mr. Pence) and the gentleman from California (Mr. Lantos) each
will control 20 minutes.
The Chair recognizes the gentleman from Indiana.
General Leave
Mr. PENCE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Indiana?
There was no objection.
Mr. PENCE. Madam Speaker, I yield myself such time as I may consume.
[[Page H1282]]
Madam Speaker, we come into this Chamber fresh back to work from a
March recess period where Members of Congress, like millions of
Americans, reeled from a story emerging from our new cherished ally,
Afghanistan. It was a story that was deeply disturbing to average
Americans, and even using that phrase himself, to the President of the
United States of America. It was the story of a man who was facing the
death penalty merely for the reason that he had converted from Islam to
Christianity, and he was facing prosecution and possible execution in a
nation that the American soldiers and the American people had liberated
and continue to liberate in Operation Enduring Freedom.
It is about this case that, while it is resolved, still raises
profound and important questions that we gather here today and bring
this resolution before the Congress.
Madam Speaker, I am also very humbled today by the support of the
distinguished chairman of the International Relations Committee, who
gave me the privilege of managing the time today on this resolution.
There has been no stronger voice for human rights and religious liberty
in the world in this Congress throughout his career than Chairman Henry
Hyde, and I am honored to stand in his stead today.
I am also deeply humbled by the active participation, both in this
debate today and in the development of this resolution, of the ranking
member of the House International Relations Committee, a man I have
come to deeply admire for his passion for human rights, human dignity
and religious freedom and all of the Bill of Rights liberties that we
cherish being manifest around the globe, Mr. Lantos from California.
The support of these two giants of this institution, along with the
support of a number of our other cosponsors, highlights the importance
of this debate that we undertake today. For while in the case of Abdul
Rahman, this man has been freed under circumstances that still remain
somewhat opaque to the American public at this hour, while Abdul Rahman
has been freed, the freedom of religion is still behind bars in
Afghanistan. And so today, Madam Speaker, in H. Res. 736, this
Congress, through its Members, and the American people, will condemn in
the strongest terms the enforcement of laws against apostasy.
{time} 1500
We will request the President to continue to work with the Government
of Afghanistan to establish better protections for religious
minorities, including converts to minority religions, and to enhance
human rights protections in Afghanistan. And we also will respectfully
call on the Government of Afghanistan and especially President Hamid
Karzai to continue to conform all Afghan laws at every level to
Afghanistan's international human rights treaty obligations, thereby
protecting Afghan citizens who have converted or may plan to convert to
other religions from prosecution.
This is an important moment. It is an important dialogue, and I am
grateful to have played some small role in it.
Madam Speaker, I reserve the balance of my time.
Mr. LANTOS. Madam Speaker, I yield myself such time as I may consume.
I rise in strong support of this resolution. I would first like to
thank my good friend and distinguished colleague, Congressman Pence of
Indiana, for introducing this critically important resolution. This is
in line with his longstanding commitment to religious freedom and human
rights across the globe.
I would also like to commend my friend and a champion for
international religious freedom, Henry Hyde, chairman of the House
International Relations Committee, for joining us in support of this
measure.
Madam Speaker, as we have turned on the evening news in recent weeks,
we have been riveted by the shocking case of an Afghan citizen, Mr.
Abdul Rahman, facing the death penalty for converting to Christianity.
Along with my colleagues in Congress and leaders of several NATO
countries, I expressed outrage that while soldiers from the United
States and other NATO allies are dying in defense of a free
Afghanistan, that country's government would be seeking to prosecute an
Afghan citizen for acting on his inalienable right as a free human
being to choose his own religion. His case was made all the more absurd
because he converted well before this new government even existed.
Madam Speaker, tolerance and freedom of worship are the sine qua non
of democracy. They are key principles in the protection of human
rights, which must be embraced by every democratic, pluralistic
government, including the Government of Afghanistan. Indeed, Madam
Speaker, the founding of our own Nation and the efforts to create a
more free and open society began with members of oppressed religious
minorities in Europe yearning to worship as they saw fit.
Afghan authorities resolved this case by claiming that Mr. Rahman was
mentally unfit and therefore was unable to stand trial. Unfortunately,
this approach is totally unacceptable because what we have here is a
generic, long-term problem. It is reasonable to believe that there will
be other religious converts in Afghanistan, and it would be
unacceptable to assume that they are all mentally unfit and need
special treatment.
Madam Speaker, earlier today in a testament to its commitment to
international religious freedom, the Government of Italy agreed to
grant asylum to Mr. Rahman, and I understand that he has now arrived in
Italy. I applaud the Government of Italy for this humanitarian gesture
and for their support of international human rights.
But while Mr. Rahman's case may have come to closure, the broader
issue remains. Afghanistan must live up to its own constitution which
provides for the protection of religious freedom, and it is the duty of
the United States, our NATO allies, and the entire international
community to help Afghanistan establish better protections for
religious minorities, including converts, and to enhance human rights
protections for all the citizens of Afghanistan.
The United States and our friends around the globe are not
sacrificing hundreds of our soldiers and committing hundreds of
billions of dollars of our resources so that Afghanistan could revert
to the days of the Taliban.
As the lead Democratic sponsor of this resolution, I strongly urge
all of my colleagues in both political parties to support this
resolution.
Madam Speaker, I yield back the balance of my time.
Mr. PENCE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, Congressman Tom Lantos is a tough act to follow, and I
am tempted sorely to say amen and yield back. But I will share a few
brief observations on H. Res. 736.
I had the honor of traveling as an American Congressman to
Afghanistan in December of 2004. Prior to my departure, I was eager to
see this newly minted democracy, a democracy won by the bravery of the
American soldier and coalition forces, and to meet the people of
Afghanistan, to see the good work being done by their people in Kabul
and beyond.
During that visit, I had the honor of meeting privately with
President Hamid Karzai. He is an affable, approachable, and humble man
whom I came to view, as many others have, as the indispensable man of
this new, democratic Afghanistan. President Karzai proved his worth
again when, as a direct result of his intervention, justice was brought
to the case about which we gather today, when Abdul Rahman was released
from prison. But while I am relieved that by virtue of President
Karzai's personal engagement Abdul Rahman has been freed, religious
freedom in Afghanistan is still behind bars.
The American people today have the luxury of looking upon recent
events in Afghanistan through the eyes of people far removed from the
volatile days of the beginning of our own Republic, and we must be
careful what prism we look through when we seek to remove the speck
from our neighbor's eye. We are far removed from the events unfolding
over 3 years following ratification of the U.S. Constitution, the
establishment of protections under our own Bill of Rights.
Unlike the American people today, President Karzai and the people of
Afghanistan find themselves at the very beginning of a long and arduous
journey of democracy, a democracy within
[[Page H1283]]
which I fear the value of religious freedom is still suspect by many
and the protections of religious freedom are still vague. And I want to
acknowledge that and acknowledge that about which we speak today; we
speak with charity to a fledgling democracy that we are anxious to
support.
But, Madam Speaker, when the Loya Jirga in Afghanistan approved the
constitution, they were explicit in stating, as Mr. Lantos just
observed, basic human rights protections. And as stated in this
resolution, the constitution of Afghanistan ``affirms that the people
of Afghanistan are `for creation of a civil society free of oppression,
atrocity, discrimination, and violence and based on the rule of law,
social justice, protection of human rights, and dignity, and ensuring
the fundamental rights and freedoms of the people.' '' So reads the
constitution of Afghanistan.
Article 7 of that same constitution of the Islamic Republic of
Afghanistan provides ``the state shall observe the United Nations
Charter, interstate agreements, as well as international treaties to
which Afghanistan has joined, and the Universal Declaration of Human
Rights,'' which does, I might add, Madam Speaker, include the right to
freedom of thought, conscience, and religion and even the freedom to
change one's own religion or belief.
Like House Resolution 736 says, today the Congress will call upon the
Government of Afghanistan, and especially President Karzai, to continue
the good work of conforming Afghanistan's laws to Afghanistan's
international human rights treaty obligations, thereby protecting their
citizens who have made a decision of conscience, a decision of the
heart as between one religion or another, to be free from prosecution.
Madam Speaker, I implore respectfully the people of Afghanistan to
continue to work through this difficult issue. It is a process through
which our Nation worked for 200 years before our Nation was founded;
and our struggle toward a more perfect Union remains the ongoing
American struggle. Vigorous debate is important within a democracy, but
recognition of fundamental, inalienable rights, especially the right to
freedom of conscience and freedom of thought, is the wellspring of
every other liberty.
Like many Americans fearful of the dangerous chain of events a case
like Abdul Rahman's could unfurl, I see religious freedom as a clear,
inalienable right and a right that is key to their success and the
successful relationship between our two countries.
Thomas Paine said it well, ``That which we obtain too easily we
esteem too lightly.''
I do not believe that the people of Afghanistan attained democracy
too easily, and I do not suggest in this resolution that they take it
too lightly. I believe the Afghan people have fought long and hard and
at extraordinary personal cost in decades of struggle for their own
freedom and independence. This is why I strongly believe that they
should fight even more fervently to protect the rights and freedoms
that so many Afghanis have died before experiencing.
Madam Speaker, those who die in the cause of freedom never die in
vain, for they light the flame of freedom and instill its care to
generations that follow. This generation of the people of Afghanistan
is a noble generation, a generation of opportunity, and they have a
solemn duty of fanning the flame by protecting the fundamental rights
of their country like the freedom to believe and practice a religion of
one's own choosing.
Madam Speaker, in this resolution, it is my hope that we would not
send a message of condemnation but a clear message that, despite the
grave concerns the American people have raised, seeking protections for
religious minorities, the American people still remain committed to
working in partnership and solidarity with President Karzai and the
people of Afghanistan as they bring about a more perfect union for
their people, a union that reflects the fundamental liberties for which
the American soldier and coalition forces fought in tandem with
freedom-loving people in Afghanistan to win. And it is in that spirit
that we bring this resolution today.
Mr. SMITH of New Jersey. Madam Speaker, I commend President Bush,
Secretary of State Condoleezza Rice and Afghan President Karzai for
their quick and decisive action to save the life of Afghani Christian
convert Abdul Rahman. I wish to extend my thanks to my fellow
Congressmen, fellow Americans and other members of the world community
who rose up to demand that the travesty of Abdul Rahman's trial and
near certain death for apostasy be stopped. The actions, and the
prayers, of millions helped save an innocent man and demonstrate that
the world community will not tolerate such offenses against freedom of
conscience.
We all dodged a bullet in Afghanistan. But the problem is not just
Afghanistan, and the ultimate solution is not simply granting asylum
for yet another refugee of conscience. The problem is the increased
number, and increasing attempts to enforce, laws and statutes against
conversion in many countries of the world, not just Afghanistan. This
freedom of thought, conscience and belief is now threatened not only in
places like Iran, Saudi Arabia, Egypt and Iraq. It is also threatened
in countries such as Sri Lanka, India and Indonesia, where religious
pluralism has long been established. It is threatened in countries like
Russia and Belarus, where minority religions are denounced as ``non-
traditional'' and suffer harassment and discrimination.
Freedom of religion is founded on the inherent dignity of every
individual. It is a right that is not granted at the whim of
governments. Freedom of religion does not mean permission for an
individual to follow the religion of his ancestors, and no other. It
does not mean that only established religions have the right to exist
and be practiced freely. It means, rather, that:
Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community
with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and
observance.
This is not an ``American point of view.'' This is not a ``Western
point of view.'' This is the Universal Declaration of Human Rights.
This is fully confirmed by the International Covenant on Civil and
Political Rights, to which Afghanistan has acceded.
Today's resolution condemns the enforcement of laws against apostasy.
I would go further: we must condemn not just the enforcement, but the
very existence of such laws. Whether enforced or not, they are an ever
present threat to all believers, an ever present reminder that those
who believe differently are second class citizens. They are a
continuing denial of the principal of individual human dignity and
freedom.
And I call upon the President to work not just with the government of
Afghanistan to enhance human rights protection and religious freedom,
but also with Iraq. Last year I and my colleagues pointed out that the
new Iraqi Constitution also contains language which endangers
individual freedom, especially religious freedom and the rights of
women. The Iraqi Parliament now must adopt crucial implementing
legislation for the Constitution. We must ensure that such legislation
effectively protects individual freedom and freedom of conscience.
Otherwise we may see countless repetitions of the appalling drama that
has just been completed in Afghanistan.
I also call upon the President to work with Sri Lanka, whose
government has pandered to religious extremists by introducing
anticonversion laws. Sri Lanka is a recipient of Millennium Challenge
grants, which are premised on progress in democracy and rule of law,
not regress.
Finally, I call upon my colleagues to support this important
resolution.
Mr. PENCE. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mrs. Miller of Michigan). The question is on
the motion offered by the gentleman from Indiana (Mr. Pence) that the
House suspend the rules and agree to the resolution, H. Res. 736.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. LANTOS. Madam 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 question will
be postponed.
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