[Congressional Record Volume 154, Number 74 (Tuesday, May 6, 2008)]
[House]
[Pages H3078-H3083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AFRICAN NATIONAL CONGRESS EXEMPTION
Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5690) to exempt the African National Congress from treatment
as a terrorist organization for certain acts or events, provide relief
for certain members of the African National Congress regarding
admissibility, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5690
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXEMPTION OF AFRICAN NATIONAL CONGRESS FROM
TREATMENT AS TERRORIST ORGANIZATION FOR CERTAIN
ACTS OR EVENTS.
Section 691(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161; 121 Stat. 2365) is amended
by inserting ``the African National Congress (ANC),'' after
``the Karenni National Progressive Party,''.
SEC. 2. RELIEF FOR CERTAIN MEMBERS OF THE AFRICAN NATIONAL
CONGRESS REGARDING ADMISSIBILITY.
(a) Exemption Authority.--The Secretary of State, after
consultation with the Attorney General and the Secretary of
Homeland Security, or the Secretary of Homeland Security,
after consultation with the Secretary of State and the
Attorney General, may determine in such Secretary's sole
unreviewable discretion that paragraphs (2)(A), (2)(B), and
(3)(B) of section 212(a) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)) shall not apply to an alien with
respect to activities undertaken in opposition to apartheid
rule in South Africa.
(b) Sense of Congress.--It is the sense of the Congress
that the Secretary of State and the Secretary of Homeland
Security should immediately exercise in appropriate instances
the authority in subsection (a) to exempt the anti-apartheid
activities of aliens who are current or former officials of
the Government of the Republic of South Africa.
[[Page H3079]]
SEC. 3. REMOVAL OF CERTAIN AFFECTED INDIVIDUALS FROM CERTAIN
UNITED STATES GOVERNMENT DATABASES.
The Secretary of State, in coordination with the Attorney
General, the Secretary of Homeland Security, the Director of
the Federal Bureau of Investigation, and the Director of
National Intelligence, shall take all necessary steps to
ensure that databases used to determine admissibility to the
United States are updated so that they are consistent with
the exemptions provided under section 2.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from Texas (Mr. Smith) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and
incorporate extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
Members of the House, the African National Congress is a rare example
of an oppressed people fighting for their freedom and then leading a
successful and peaceful transition to a modern nation. The fight went
on for years, underground and in exile, against the morally bankrupt
apartheid system in South Africa. And once they prevailed, their
response to gaining political power was not retribution and reprisals,
but truth and reconciliation.
Notwithstanding this peaceful transition, the United States had not
gotten around to giving ANC leaders the opportunity to enter this
country because certain provisions in the Immigration and Nationality
Act currently require us to consider them still as terrorists.
After the attacks on 9/11, Congress sought to exclude and remove
terrorists from the United States by strengthening the terrorism bars
in our immigration laws. In doing so, however, we inadvertently covered
groups and individuals whom we did not intend to, including allies and
even victims of terrorism. These bars have been used against the brave
men and women who fought side by side with United States forces in
Southeast Asia. They've been used against those who used armed
resistance to defend themselves against brutal and repressive regimes,
such as those in Cuba and Burma. They've even been used against women
who were raped and enslaved by armed militia in Liberia. And as we
recognize today, they've been used against members of the African
National Congress, including the great leader, Nelson Mandela. This has
had profound effects, preventing us from protecting vulnerable refugees
and asylum seekers and resulting in embarrassing denials of visas for
Nelson Mandela himself and other foreign heads of state.
We all know how Mr. Mandela and other ANC leaders suffered unjust
incarceration for decades at the hands of the apartheid regime. We know
how the apartheid regime labeled its opponents as terrorists, as
communists, and anything else they could invent to accuse them of that
was negative in an attempt to deflect criticism of their own
institutions of repression and racial separation. And yet these people
who steadfastly fought for freedom and chose a path for peace once they
came to power are now blocked from entry to the United States. And so
that's where this measure comes in.
Congress has begun to take corrective action, and last year were
removed a number of freedom-fighting groups from treatment as terrorist
organizations. Today, we do the same for the ANC and its members. In
addition to specifying that the ANC is not on the list of terrorist
organizations under the Immigration and Nationality Act, the bill would
also give discretionary authority to Secretaries of State and Homeland
Security to admit individuals regardless of activities undertaken in
opposition to apartheid rule in South Africa.
Finally, the bill would require the Secretary of State, in
coordination with other agencies, to ensure that government databases
are updated so that they are consistent with the exemptions provided in
the bill.
I'd like to thank committee chairman of the Judiciary, Howard Berman,
but also in his capacity as the Chair of the Foreign Relations
Committee, and in memoriam, I'd like to remember the chairman that
preceded Mr. Berman, Tom Lantos, for their work on this bill. I would
like to insert into the Record at this point an exchange of letters
between our two committees.
And thanks again to the ranking member from Texas, Lamar Smith, whose
bipartisan discussions have enabled us to reach this point. This is a
noncontroversial bill that repairs something that should have been
taken care of earlier. It closes the books on the evils of apartheid.
And so I'm very proud to bring this to the floor with the Members that
I have mentioned.
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, May 5, 2008.
Hon. John Conyers, Jr.,
Chairman, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing to you concerning the bill,
H.R. 5690, legislation to exempt the African National
Congress from treatment as a terrorist organization for
certain acts or events, provide relief for certain members of
the African National Congress regarding admissibility, and
for other purposes, which I introduced earlier this year. The
bill contains provisions within the Rule X jurisdiction of
the Committee on Foreign Affairs, and was referred to the
Committee when introduced.
In the interest of permitting your Committee to proceed
expeditiously to floor consideration of this important
legislation and clear it for the President, I am willing to
waive this Committee's right mark up this bill. I do so with
the understanding that by waiving consideration of the bill,
the Committee on Foreign Affairs does not waive any future
jurisdictional claim over the subject matters contained in
the bill which fall within its Rule X jurisdiction.
I would ask that you place this letter into the
Congressional Record when the Committee has H.R. 5690 under
consideration.
Sincerely,
Howard L. Berman,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, May 6, 2008.
Hon. Howard Berman,
Chairman, Committee on Foreign Affairs, House of
Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding your
committee's jurisdictional interest in H.R. 5690, a bill to
exempt the African National Congress from treatment as a
terrorist organization for certain acts or events, provide
relief for certain members of the African National Congress
regarding admissibility, and for other purposes.
I appreciate your willingness to support expediting floor
consideration of this important legislation today. I
understand and agree that this is without prejudice to your
Committee's jurisdictional interests in this or similar
legislation in the future. In the event a House-Senate
conference on this or similar legislation is convened, I
would support your request for an appropriate number of
conferees.
I will place a copy of your letter and this response in the
Congressional Record during consideration of H.R. 5690. Thank
you for your cooperation as we work towards enactment of this
legislation.
Sincerely,
John Conyers, Jr.,
Chairman.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, the African National Congress has played a significant
role in history. Nelson Mandela and the ANC for many years fought
against the unjust apartheid system in South Africa.
Through a largely peaceful transfer of power, apartheid is a thing of
the past and South Africa now has a representative democratic
government. Many ANC officials are now, in fact, officials of South
Africa's government.
South Africa provides hope that genuine reconciliation between
historically opposed groups can, in fact, be achieved. However, real
terrorist acts were committed as part of the struggle against
apartheid. There were deadly bombings of civilians. There were so-
called ``necklacings'' in which car tires were put around persons'
necks and set on fire.
I am pleased that the bill's sponsors, Mr. Berman, Ms. Lofgren and
Chairman Conyers, were willing to ensure that this bill will provide
appropriate relief for the African National Congress without excusing
the perpetrators of terrorist or criminal acts.
First, the ANC is added to the list of organizations not considered
terrorist
[[Page H3080]]
organizations for immigration purposes. Such a list was created to
shield certain organizations from the broad reach of the Immigration
Act of 1990.
Under the 1990 legislation, any guerilla group would find itself
under the definition of a terrorist organization. The groups currently
on the exempt list include the Hmong, who fought alongside U.S.
soldiers in the Vietnam War, and groups that are fighting against the
repressive Burmese Government today. It is understandable that the ANC
be added to that list.
Second, the administration is granted the authority to waive the
criminal grounds of inadmissibility with respect to aliens for
activities undertaken in opposition to apartheid rule in South Africa.
Congress already granted the administration waiver authority for the
terrorism-related grounds in last year's omnibus spending bill.
Third, the bill contains a sense of Congress that the administration
should immediately exercise ``in appropriate instances'' the authority
granted under the bill to waive grounds of inadmissibility for the
anti-apartheid activities of aliens who are current or former officials
of the Government of South Africa. I am confident that any
administration will use this power wisely.
Finally, the bill directs the administration to ensure that
government databases used to determine admissibility to the U.S. be
updated to reflect any waivers granted.
Mr. Speaker, I urge my colleagues to support this bill. Again, I want
to thank Chairman Berman and Chairman Conyers and Chairman Lofgren for
working in good faith to address concerns with the bill as it was
introduced.
Mr. Speaker, I reserve the balance of my time.
Mr. CONYERS. Mr. Speaker, I am proud now to recognize the
subcommittee chairman from whence this bill came, and the chairman of
the Foreign Affairs Committee, Howard Berman, for as much time as he
may consume.
Mr. BERMAN. Mr. Speaker, it's an honor to be part of the debate on a
bill being managed by the chairman of the Judiciary Committee, who
perhaps is one of the first Members of Congress to speak out and lead
the effort against the old apartheid regime, going way back into the
late sixties and early 1970s, and who, along with Congressman Ron
Dellums and many others, led the effort in 1986, I believe it was, to
override the veto and provide the first really tough sanctions against
investment that helped play a part in the ultimate downfall of that
apartheid regime.
Mr. Speaker, this bill is a long overdue one, and it's the direct
result of a stunning and, frankly, embarrassing story for the United
States. The United States, throughout the 1970s and 1980s, had a much
too cozy relationship with the apartheid Government of South Africa
which had labeled the ANC as a terrorist organization. The apartheid
government banned membership and political activity in the ANC and
forced its leaders underground or into exile. A direct result of that
ban was that under U.S. law individuals convicted of crimes, including
the Nobel Laureate and former President of South Africa, Nelson
Mandela, were deemed inadmissible for entry to the United States, along
with individuals labeled as terrorists by the former South African
government.
Much has changed for South Africa since those dark times. President
de Klerk and Nelson Mandela negotiated an end to the conflict and an
end to the apartheid system on behalf of the National Party and the
African National Congress. In 1994, the country held its first
democratic elections in which full enfranchisement was granted.
Today, the ANC serves as the majority party in a diverse ruling
coalition. Yet, astonishingly, while South Africa completed its
monumental political transition, the U.S. position regarding entry for
ANC's leaders remained frozen in time. Leaders such as Nelson Mandela,
Walter Sisulu and Govan Mbeki, the father of President Thabo Mbeki,
were continually barred from entry to the U.S. and had to apply for
special waivers to gain entry.
Even more embarrassing than the original U.S. embrace of apartheid
policies was the fact that few of those who opposed apartheid in the
United States Government, including many of us in Congress, were even
aware of the residual terrorist designations against ANC members.
{time} 1445
Despite recognizing two decades ago that America's place was on the
side of those oppressed by apartheid, Congress has never resolved the
inconsistency in our immigration code that treats many of those who
actively opposed apartheid in South Africa as terrorists and criminals,
in part because the apartheid regime labeled them as such.
Increasingly, stringent security measures passed by Congress since
2001 have further ensnared ANC members. Because the ANC used armed
force as part of its campaign against the repressive apartheid regime
in South Africa, current law continues to regard the ANC as a terrorist
organization and to deny entry to members based on their affiliation
with the ANC.
The intent of H.R. 5690 is to purge the United States of any residual
effect of its former policies with regard to the South African
Government and to update U.S. law with regard to the ANC. The bill, as
amended, specifically removes the ANC from treatment as a terrorist
organization and grants the Secretary of State and the Secretary of
Homeland Security the discretionary authority to determine that certain
criminal- and security-related grounds of inadmissibility do not apply
to an alien with respect to activities undertaken in opposition to
apartheid rule in South Africa.
I want to take a moment just to compliment again the ranking member
of the Judiciary Committee, who has very strong and passionate views on
the issues of immigration and, obviously, also, as we all do in this
Chamber, on the issue of terrorist organizations and inadmissibility
for those organizations. He has truly understood and internalized the
historic transition here and the unfairness of the present situation.
And I do want to affirm one point that he raised. This bill does not
have anyone close their eyes to acts committed by the ANC or by the
apartheid government, and nothing here would preclude the Secretary, as
she exercises her discretion, from considering whether or not civilians
were targeted by an individual actor, civilians. We should, also, I
think, take into account, as we decide what to do on this, the very
powerful and legally binding truth and reconciliation process in South
Africa which provided a restorative justice process that salved many of
the wounds of the apartheid era.
Once enacted, the ANC will be removed from terrorist watch lists, and
the ANC will receive treatment befitting its status as a leading party
and a close ally of the United States. I encourage my colleagues to
support the legislation.
Mr. SMITH of Texas. Mr. Speaker, first of all, I would like to say
that it's always nice when the gentleman from California (Mr. Berman)
and I can agree on immigration issues, as we did in this particular
instance.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Iowa (Mr. King), the ranking member of the Immigration
Subcommittee of the Judiciary Committee.
Mr. KING of Iowa. I thank Mr. Smith, the ranking member of the
Judiciary Committee, for yielding, and I appreciate the privilege to
address this issue before this Congress.
First, I want to point out that I believe there has been a
constructive compromise that has been reached across this aisle that
has not necessarily closed loopholes but made some clarifications that
help protect this country from kind of a blanket waiver, so to speak,
with any of those formerly potentially violent members of the ANC.
And for me, I come to this debate with more concern than many because
I still maintain vivid memories of what went on in the streets of South
Africa during those anti-apartheid riots and demonstrations and
strategic actions that took place, black against white, white against
black. I also have vivid memories, Mr. Speaker, of actions taken in
this country and positions taken politically and the divesting of
investments within South Africa by many American companies as an
incentive to end apartheid, which was, I believe, a sin against
humanity to have a policy that identified some people as
[[Page H3081]]
being more equal than others, and I believe it's a sin against humanity
to maintain those policies, whether they are in the United States or
South Africa or anywhere else.
I offered an amendment to the Judiciary Committee before this bill,
and the purpose of it was to send a message because I have traveled to
South Africa and I have met with people there who expressed to me some
concerns, and because of that, I've also dug a little deeper into the
readings in the current events. It will not be a surprise to the
members of the committee that I'm concerned about the land transfer
that is part of the federal policy of South Africa, to transfer a
significant portion of land from, right now, under the deeds held by
white South Africans into the deeds of black South Africans. I made it
clear in the committee that I do not compare this to the things we see
going on in Zimbabwe. That is far different and that is without benefit
of the rule of law. But there still remains a concern.
I also want to point out, and I promised Ambassador Welile Nhlapo,
who is the Ambassador to the United States from South Africa, that I
would make this statement. And he came to my office yesterday. We sat
down in my office for a good, strong hour and discussed these issues.
And he assured me that there are constitutional protections that exist
and statutory protections that exist to protect all property owners in
South Africa and that there will not be a transfer of real estate
property into the hands of black South Africans at the expense of white
South Africans without due process of law and constitutional
protections. I voiced my concern about that. He reassured me that that
would be the case.
And I pointed out to him that it's difficult for us in this country
to reach an objective position on these issues that are racially
charged because it's so much wrapped up in who we are. And I would
point out, Mr. Speaker, for the observation of the body, to listen to
an analysis of the political campaigns that are going on now and, in
fact, today to listen to an analysis of the predictions of those going
to the polls in the Democrat primary in places like Indiana and North
Carolina, which are taking place right now, you cannot hear a political
pundit/talking-head analysis without race and gender coming into that
debate.
So I challenged Ambassador Nhlapo that that's a very difficult
standard, that we can't meet it here in this country. As old as our
traditions are for freedom, as much sweat and toil and blood has been
spilled to make people free and keep them free, we still can't
extricate ourselves from being wrapped up in that debate and have our
public policy identified by whom we might side with rather than how we
might analyze the Constitution or the law. It's difficult here in the
United States with our traditions; it's far more difficult in South
Africa. We had that discussion. It was a constructive discussion.
And I rise today, Mr. Speaker, to support this bill and to encourage
open dialogue globally and continuing communication and interchange
with the people of South Africa and people of all nations on the Earth.
I would remind, also, the body that the record of post-colonial
Africa is not a stellar record. There are many problems in the
continent, many of those in the southern part of the continent of
Africa. And as I travel and visit there and go into the AIDS orphanages
in particular and can step into the villages where there isn't a single
adult of reproductive age unless they are a missionary, it has been
devastating to the continent. We need to have an open dialogue and be
frank about our problems and be open in our discussion. Hiding our
dialogue because we're afraid we might hurt someone's feelings only
pushes the problem further downward instead of letting it surface so
that we can all address it together with open eyes, open ears, and open
dialogue.
That's what we did yesterday in my meeting, which I so gratefully
received Ambassador Nhlapo into my office. And in that engaging
conversation, I'm confident that we have opened up communications for a
continued dialogue, and I trust that this bill will open communications
for further dialogue, and I certainly support this.
Mr. CONYERS. Mr. Speaker, I rise to recognize the distinguished
gentlewoman from Texas (Ms. Jackson-Lee), who has worked with Steve
King. And I suggest that there may be a codel going to this part of the
globe, and I would certainly like to invite the distinguished gentleman
Mr. King to consider joining us on such a codel.
I yield to the gentlewoman from Texas (Ms. Jackson-Lee) 3\1/2\
minutes.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. I thank the distinguished chairman of the
Judiciary Committee; the distinguished chairman on the Foreign Affairs
Committee; and our distinguished ranking member, who has joined us in a
very important and historic step that is being made on the floor of the
House today. And I appreciate my good friend from Iowa, who has given
us a global overview.
Mr. Speaker, I want to remind my colleagues that this is a pointed
and focused legislative initiative, along with the leadership of
Chairwoman Zoe Lofgren, that we have gotten to a point that is long
overdue. My good friend, Congresswoman Barbara Lee, and Congressman Don
Payne are part of those who initiated this effort. And it is pointedly
to focus on really what we would call heroes, fighters against
apartheid in South Africa, who shed their blood so that South Africa
could be the reconciled nation that it is today. President Mbeki;
former President Mandela, ``Father Mandela,'' as he is called; and many
of the seniors who are now in their retiring years, who, when they come
to the United States, are detained, interrogated, and embarrassed by
our own treatment of these heroes, this goes to the very point of the
expanded use in the United States of the word ``terrorism'' and the
utilization of it by preventing innocent people, people who have been
heroes, to come into this country. This is not necessarily a strict
immigration bill. It is people who are coming into the country legally,
but because they have been freedom fighters, somewhat the way that Dr.
Martin Luther King stood nonviolently for rights here in this country,
these individuals had to be in the midst of an encounter, if you will,
to provide the safety and security for their people.
This particular legislation is an important step forward. But I might
suggest to my colleagues that I hope that on the floor today we are
making a legislative statement and providing legislative history so
that the Department of Homeland Security and the Secretary of State or
the State Department will not dillydally around, because, unlike the
previous legislation, this does not order it to be done; it gives those
departments the discretion for it to be done, as they have requested.
So we are entrusting to them this noble responsibility to do well by
Father Mandela, to do well by former President Mbeki, and we need to
ensure that we do the right thing. And as we look to give this country
a different face on terrorism, let us likewise be assured that we
recognize that there are other groups that are similarly situated that
we should take a look at.
So I rise to support this legislation, Mr. Speaker, because it is an
important step forward. It does give the ability to admit these
individuals but also to renew the stigma, if you will, of the name of
``terrorists'' because they were freedom fighters to save and preserve
and to free South Africans so that they too might live in a democracy.
That is what this legislation does, and I appreciate all of the hard
work that has gone on.
I close by simply saying, good day for the freedom fighters of South
Africa and the ANC; good day for Father Mandela, who led the fight on
reconciliation and peace, along with Bishop Tutu. Good day for all of
them as we stand here acknowledging that they are heroes, freedom
fighters fighting for democracy and equality.
To the Secretary of State, to the Secretary of Homeland Security, act
now once this bill has passed.
Thank you, Mr. Speaker, for your leadership in convening today's
markup on H.R. 5690. I support this bill and I urge my colleagues to do
the same.
This bill recognizes that the ANC is a nearly 100-year-old party that
was created in 1912 to advocate for the rights of black South Africans.
It also recognizes that the white Afrikaner government took control of
South Africa
[[Page H3082]]
in 1948 and at the same time instituted its system of de jure
apartheid, which had the effect of disenfranchising millions of non-
white Africans. The ANC joined with other groups to engage in civil
disobedience and it was banned in 1960 by the South African Government.
Although the ANC was banned, it led the resistance effort against
apartheid in the late 1970s and 1980s.
Between 1990 and 1994, the ANC negotiated with the South African
Government for the end of apartheid and the enfranchisement of black
South Africans. In 1994, the ANC became a registered political party
and Nelson Mandela was elected to be the first black president.
Since the recognition of the ANC as a legitimate political party,
several prominent black South Africans have been denied visas to enter
the United States on the basis that they were considered to be
inadmissible under the INA because they were members of a terrorist
group. Nelson Mandela were considered inadmissible under this same law.
In the past the Department of State has provided waivers to ANC leaders
to enter the United States.
H.R. 5690 would remove certain affected persons from certain U.S.
databases. The bill provides that the Secretary of State, Attorney
General, Secretary of Homeland Security, the Director of the FBI, and
the Director of National Intelligence, shall take steps to update the
database concerning admissible persons. The bill provides that the ANC
is not treated as a terrorist organization for any act occurring on or
before the enactment of the act. The bill still leaves the Secretary of
State and the Secretary of Homeland Security with the discretion to
deny people entry. Importantly, the bill does not deny present and
former members of the ANC admission to the U.S. on the basis of their
membership in or affiliation with the ANC or for any apartheid
activities occurring from 1948 to 1990.
This bill is long overdue. The ANC has been recognized as a
legitimate political party since 1994. There is no reason to treat
members of that organization as a terrorist threat. I urge my
colleagues to support this bill. My only concern is that the bill
singles out the ANC but does not go further in clearing other political
parties that were outlawed during the apartheid era from treatment as
terrorist organizations.
Mr. SMITH of Texas. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. CONYERS. Mr. Speaker, I rise to recognize the gentlewoman from
Oakland, California (Ms. Lee), who for many years worked as chief of
staff with our former colleague Ron Dellums on this subject. So in her
capacity as a Member of Congress and former staffer, she has stayed on
the course for all of these years, and I yield her such time as she may
consume.
Ms. LEE. Let me thank you, Chairman Conyers, for yielding and for
those kind words but also for your leadership on so many issues. You
are a true warrior, and we would have never been at this place today
had it not been for yourself.
I also want to thank Chairman Berman; I want to thank our
subcommittee chairman, Don Payne; and Chairman Bennie Thompson for
their leadership on so many issues and for making sure that this bill
came today to this floor in a bipartisan fashion.
As a cosponsor of this legislation and a long advocate against
apartheid, I am especially pleased that we are taking this important
step to finally right this inexcusable wrong. Many of us were arrested
during the anti-apartheid movement, myself included.
{time} 1500
It wasn't until the mid 1980s that finally Congress put our country
on the right side of history by overriding President Reagan's veto to
impose sanctions.
This is a bill that my predecessor, a great warrior, now the mayor of
Oakland, California, Ron Dellums, had introduced for 12 long years. I
can remember during that period the ILWU protesting, in fact, I was
arrested with them also, the unloading of ships from South Africa which
kicked off much of the anti-apartheid movement. Congresswoman Maxine
Waters, a great leader who just recently received, as did Mayor Ron
Dellums, one of the highest honors by the South African Government, led
the fight in California against apartheid. And I think we were one of
the first States to impose sanctions.
All of us who were involved during that time had to take risks. The
ANC couldn't even travel outside of New York and couldn't come to
Washington, D.C. because they were considered a terrorist organization.
Many of us had to go to Europe just to meet the members of the ANC to
talk about how we could help end the brutal regime of apartheid which
was killing so many people, dehumanizing the whole country, and was one
of the most ruthless systems that we have ever known.
It has been 18 years since Nelson Mandela was released from prison
and 14 years since he was elected president of South Africa. And this
year he will turn 90 years old. Yet to this day, to this day, despite
his legacy as a hero of the anti-apartheid movement, despite the fact
that he is a Nobel Peace Prize recipient, he received the Peace Prize
in 1993, despite his election as president, we still require Nelson
Mandela to apply for a visa waiver to enter into the United States just
for a visit. This is just plain wrong.
Last December I traveled to South Africa for World AIDS Day with our
colleague, the Delegate Donna Christian. And we were asked by many
people many times over and over and over again why President Nelson
Mandela was still on the terrorist list. Well, we were, quite frankly,
very embarrassed and shocked. And we were determined that we would do
everything we could to finally, again, put our country on the right
side of history. So I am pleased and I am excited that we are taking
this step today.
The ANC was fundamentally involved in a war of liberation against the
oppressive apartheid regime in South Africa for over four decades. If
they hadn't been involved in this war of liberation, apartheid would
still be existing in South Africa. So instead of continuing to penalize
the ANC for their political struggle against apartheid, we really
should be commending them for their work in transforming South Africa
into a beacon of democracy. And just look at how they have moved
forward in their peace and reconciliation process. I think we could
learn a heck of a lot in our own country by the leadership of President
Mandela and how the people of South Africa, black and white, have come
together to reconcile and to move forward to take South Africa into
this new millennium and into a new South Africa.
So let me just thank again Chairman Conyers and Chairman Berman for
bringing this bill to the floor today. It's really the right thing to
do. And for those of us who have been so long involved in the anti-
apartheid movement, and now, of course, in the movement to stop the
genocide that is taking place in Darfur, this is a day that we have
been waiting for for a long time. This is the only thing that we can do
now, to say, first of all, that we understand that this should not have
taken so long, but at least it is better late than never. Thank you
very much, Mr. Conyers.
Mr. CONYERS. I thank the gentlelady, Barbara Lee, of Oakland,
California, for closing our statement.
Mr. THOMPSON of Mississippi. Mr. Speaker, I rise today in support of
H.R. 5690 which ensures that African National Congress (ANC) members
will no longer be denied visas to enter the United States solely based
on their anti-Apartheid activities.
I am proud to have introduced this long-overdue legislation that will
remedy a situation that was brought to my attention by my colleague,
the gentlelady from the U.S. Virgin Islands, Dr. Christensen. A few
months ago, Dr. Christensen informed me that Nelson Mandela, the South
African civil rights icon that won 1993 Nobel Peace Prize, is not
eligible for a visa to enter the U.S. because he is a member of the
African National Congress. I was stunned. How could one of the giants
of the 20th Century who is revered for bringing peace and
reconciliation to a country that was torn apart by racism be ineligible
to receive a standard visa to visit the United States? I quickly
learned that the ANC, which was established in 1923 to advocate for the
rights of black South Africans against the brutal Apartheid regime, was
designated a ``terrorist organization'' by the same government that
subjected black South Africans to racial segregation and violence.
For decades, ANC leaders, including President Mandela, withstood
great hardships to overcome the oppression of Apartheid in South
Africa, risking everything for basic principles of fairness and
opportunity. By 1994, the ANC was the ruling party in South Africa,
yet, some ANC leaders and members are still denied entry into America--
today--solely because of their affiliation. H.R. 5690 will remedy this
situation and ensure that these leaders
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and members are no longer deemed to be inadmissible solely because of
their membership in the ANC and their anti-apartheid activities.
I am pleased to have worked with my colleague on the Foreign
Relations Committee, Mr. Berman, to bring this timely legislation to
the House floor. I urge all my colleagues to join me and pass this
important bill.
Ms. ZOE LOFGREN of California. Mr. Speaker, I am proud to support
H.R. 5690, introduced by Chairman Howard Berman. I applaud Mr. Berman
and Lamar Smith, the ranking member of the Judiciary Committee, for
coming together as they have to end the absurdity that now exists with
respect to South African government officials who want to visit the
U.S.
Like other freedom-fighting groups that should be lauded--not
penalized--members of the ANC have been effectively ensnared by the
overbroad ``terrorism'' provisions in our immigration laws. These
provisions have prevented the U.S. from admitting and offering
protection to many innocent people, including some of the world's most
vulnerable refugees.
Caught up in these definitions have been the Hmong and the
Montagnards, brave men and women who fought alongside our troops in
Vietnam; the Alzados who fought for freedom against Castro's regime in
Cuba; and the Chin and the Karen who tried to free themselves from a
repressive Burmese government.
UntiI recently, our immigration laws labeled all of their actions as
``terrorist activity,'' simply because they used weapons to fight for
their freedom.
In the 2008 Consolidated Appropriations Act, we finally began to
address these issues, freeing many of these groups from this problem.
With today's bill we now join the ANC to their ranks.
Like the Hmong and the Montagnards, the Alzados, the Chin and the
Karen, many members of the ANC did nothing more than fight for freedom
against a repressive government--in this case, a government that
severely restricted the rights of its people through apartheid and used
brutal and murderous tactics to stay in power.
We should commend their efforts to free themselves and their people,
not to mention their spectacularly successful--and peaceful--transition
to power.
I strongly support this bill.
Mr. Speaker, I have no further requests for time, and I return all
unused time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the bill, H.R. 5690, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. FRELINGHUYSEN. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
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.
The point of no quorum is considered withdrawn.
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