[Congressional Record (Bound Edition), Volume 149 (2003), Part 2]
[House]
[Pages 2707-2712]
[From the U.S. Government Publishing Office, www.gpo.gov]




     CONDEMNING THE SELECTION OF LIBYA TO CHAIR THE UNITED NATIONS 
                       COMMISSION ON HUMAN RIGHTS

  Mr. HYDE. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 27) condemning the selection of 
Libya to chair the United Nations Commission on Human Rights, and for 
other purposes.
  The Clerk read as follows:

                            H. Con. Res. 27

       Whereas on January 20, 2003, Libya, a gross violator of 
     human rights and state sponsor of terrorism, was elected to 
     chair the United Nations Commission on Human Rights 
     (``Commission''), a body charged with the responsibility of 
     promoting universal respect for human rights and fundamental 
     freedoms for all;
       Whereas according to the rotation system which governs the 
     selection of the Executive Board of the Commission, 2003 was 
     designated as the year for the Africa Group to chair the 
     Commission, and the Africa Group selected Libya as its 
     candidate;
       Whereas South Africa's Democratic Alliance spokeswoman, 
     Dene Smuts, was quoted by the British Broadcasting 
     Corporation as saying that the South African Government's 
     decision to support Libya's election was an insult to human 
     rights and that African countries ``should have supported a 
     candidate of whom all Africans could be proud'';
       Whereas Amnesty International has repeatedly documented 
     that Libya's human rights situation continues to seriously 
     deteriorate with gross violations taking place 
     systematically, extrajudicial execution used against 
     government opponents, and political detainees routinely 
     tortured physically and psychologically during interrogation, 
     with some detainees dying in custody as a result;
       Whereas Human Rights Watch recently underscored that 
     ``[o]ver the past three decades, Libya's human rights record 
     has been appalling'' and ``Libya has been a closed country 
     for United Nations and nongovernmental human rights 
     investigators'';
       Whereas Human Rights Watch further stated that ``Libya's 
     election poses a real test for the Commission . . . 
     [r]epressive governments must not be allowed to hijack the 
     U.N. human rights system'';
       Whereas the Lawyers Committee for Human Rights stated that 
     ``the Government of Libya should not be entrusted by the 
     United Nations to lead its international effort to promote 
     human rights around the world'';
       Whereas Freedom House declared that ``[a] country [such as 
     Libya] with such a gross record of human rights abuses should 
     not direct the proceedings of the UN's main human rights 
     monitoring body . . . [t]his will undermine the UN's moral 
     authority and send a strong and clear message to fellow 
     rights violators that they are in the clear'';
       Whereas on November 13, 2001, a German court convicted a 
     Libyan national for the bombing in 1986 of the La Belle disco 
     in Berlin, in which two United States servicemen were killed, 
     and the court further declared that there was clear evidence 
     of responsibility of the Libyan Government for the bombing;
       Whereas Libya was responsible for the December 21, 1988, 
     explosion of Pan American Airline Flight 103 en route from 
     London to New York that crashed in Lockerbie, Scotland, 
     killing 259 passengers and crew, and 11 others on the ground;
       Whereas a French court convicted six Libyan Government 
     officials in absentia for the bombing of UTA Flight 772 over 
     Niger in 1989;
       Whereas United Nations Resolution 748 of March 31, 1992, 
     imposed an arms and air embargo on Libya and established a 
     United Nations Security Council sanctions committee to 
     address measures against Libya;
       Whereas United Nations Resolution 883 of November 11, 1993, 
     tightened sanctions on Libya, including the freezing of 
     Libyan funds and financial resources in third countries, and 
     banned the provision to Libya of equipment for oil refining 
     and transportation;
       Whereas United Nations Resolution 1192 of August 27, 1998, 
     reaffirmed that the measures set forth in previous 
     resolutions remain in effect and binding on all member 
     states, and further expressed the intention of the United 
     Nations to consider additional measures if the accused 
     individuals for Pan Am Flight 103 and UTA Flight 772 bombings 
     had not arrived or appeared for trial promptly in accordance 
     with paragraph 8 of the Resolution;
       Whereas in January 2001 a three-judge Scottish court 
     sitting in the Netherlands found Libyan Abdel Basset al-
     Megrahi guilty of the bombing of Pan Am Flight 103, sentenced 
     him to life imprisonment, and said it

[[Page 2708]]

     accepted evidence that he was a member of Libya's Jamahariya 
     Security Organization, and in March 2002 Scottish appeal 
     judges in the Netherlands upheld his conviction;
       Whereas as recently as January 12, 2003, Libyan leader, 
     Moammar Gaddafi, in an interview with Newsweek- Washington 
     Post reporter, Lally Weymouth, failed to accept 
     responsibility for the attack and had the audacity of calling 
     for the United States to share the burden of compensation;
       Whereas Libya remains on the Department of State's list of 
     state-sponsors of terrorism;
       Whereas the United States found the selection of Libya to 
     chair the Commission to be an affront to international human 
     rights efforts and, in particular, to victims of Libya's 
     repression and Libyan-sponsored terrorism, and therefore 
     broke with precedent and called for a recorded vote on 
     Libya's chairmanship;
       Whereas Canada and one other country joined the United 
     States in voting against Libya and 17 other countries 
     abstained;
       Whereas the European Union's common position was to abstain 
     from the vote objecting to Libya's selection as chair of the 
     Commission;
       Whereas 33 countries ignored Libya's record on human rights 
     and status as a country subject to United Nations sanctions 
     for the terrorist bombing of Pan Am Flight 103 and voted for 
     Libya to lead the Commission;
       Whereas the majority of these countries are United States 
     foreign aid recipients;
       Whereas the selection of Libya to chair the Commission is 
     but the most recent example of a malaise plaguing the 
     Commission, whereby its credibility has been called into 
     question in recent years as its membership ranks have swelled 
     with other egregious human rights violators;
       Whereas the United States' challenge is part of a broader 
     effort to reform the Commission, reclaim it from the 
     oppressors, and ensure that it fulfills its mandate;
       Whereas on January 20, 2003, Ambassador Kevin Moley, United 
     States Permanent Representative to the United Nations and 
     Other International Organizations in Geneva, emphasized that 
     ``[w]e seek to actively engage and strengthen the moral 
     authority of the Commission on Human Rights, so that it once 
     again proves itself a forceful advocate for those in need of 
     having their human rights protected . . . [w]e are convinced 
     that the best way for the Commission to ensure the ideals of 
     the Universal Declaration of Human Rights over the long-term 
     is to have a membership comprised of countries with strong 
     human rights records at home'';
       Whereas a majority of the 53 member states of the 
     Commission are participants in the Community of Democracies 
     and signed the Seoul Declaration of November 12, 2002, 
     calling upon democratic nations to work together to uphold 
     the principles of democracy, freedom, good governance, and 
     accountability in international organizations;
       Whereas the participants in the Seoul Ministerial meeting 
     of the Community of Democracies issued a Statement on 
     Terrorism in which they ``strongly denounced terrorism as a 
     grave threat to democratic societies and the values they 
     embrace . . . [they] reaffirmed that terrorism constitutes a 
     threat to international peace and security as well as to 
     humanity in general and indeed to the very foundation on 
     which democracies are built . . . [and] [t]he most recent 
     terrorist attacks confirm that international cooperation 
     against terrorism will remain a long-term effort and requires 
     a sustained universal commitment''; and
       Whereas although United Nations sanctions against Libya 
     have been suspended, the sanctions remain in effect, and 
     Libya's continued status as an international outlaw nation 
     and its continued unwillingness to accept responsibility for 
     its terrorist actions should bar it from consideration as a 
     candidate for membership in the United Nations Security 
     Council or any other United Nations entity or affiliated 
     agency: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That Congress--
       (1) strongly condemns the selection of Libya to chair the 
     United Nations Commission on Human Rights (``Commission'') ;
       (2) commends the President and the Administration for the 
     principled position of the United States in objecting to and 
     calling for a vote on Libya's chairmanship of the Commission;
       (3) commends countries which joined the United States in 
     objecting to Libya's selection as chair of the Commission;
       (4) expresses its dismay at the European Union common 
     position of abstention on the critical vote over Libya's 
     chairmanship;
       (5) is appalled at the support provided to Libya in its 
     efforts to lead the Commission;
       (6) will hold accountable countries who voted in favor of 
     Libya's chairmanship;
       (7) highlights its grave concern over the continuing 
     efforts of human rights violators and terrorist countries to 
     use international fora to legitimize their regimes and 
     continue to act with impunity, and calls on the President to 
     raise United States objections to such efforts during 
     bilateral and multilateral discussions and to direct 
     pertinent Cabinet secretaries to do the same;
       (8) calls on countries at various stages of democratization 
     to demonstrate their commitment to human rights, democracy, 
     peace and security, and support efforts to reform the 
     Commission;
       (9) calls on the President to instruct the Secretary of 
     State to consult with the appropriate congressional 
     committees, within 30 calendar days of adoption of this 
     resolution, regarding the United States priorities and 
     strategy for the 59th session of the Commission on Human 
     Rights and strategy and proposals for reform of the 
     Commission;
       (10) calls on the President to issue an objection to the 
     continued suspension of sanctions against Libya and to call 
     for their full reinstatement until Libya publicly accepts 
     responsibility for the Pan Am Flight 103 bombing, provides 
     appropriate compensation to the victims, and is in full 
     compliance with all of the other requirements of the United 
     Nations sanctions imposed as a result of Libya's 
     orchestration of the Pan Am 103 terrorist attack; and
       (11) calls on the Secretary of State to engage member 
     countries to support United States efforts to ensure that 
     states that are gross violators of human rights, sponsors of 
     terrorist activities, or subject to United Nations sanctions 
     will not be elected to leadership positions in the United 
     Nations General Assembly nor will they be elected to 
     membership or leadership positions on the United Nations 
     Commission on Human Rights, the United Nations Security 
     Council, or any other United Nations entity or affiliated 
     agency.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Hyde) and the gentleman from California (Mr. Lantos) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Illinois (Mr. Hyde).


                             General Leave

  Mr. HYDE. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H. Con. Res. 27, the concurrent 
resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of this bipartisan measure, condemning 
the selection of Libya as the Chair of United Nations Commission on 
Human Rights.
  Despite the best efforts of the United States and a handful of other 
countries, Libya was elected to this position on January 20 of this 
year. For a country whose own human rights record will not stand up to 
scrutiny, Libya is certainly in no position to stand in judgment of any 
other country. Virtually every human rights organization has condemned 
Libya's flagrant disregard for human rights and the rule of law. 
Unfortunately, some 17 countries abstained in the vote for the 
Commission's Chair, including all of the members of the European Union, 
who choose to look the other way and let Libya attain this coveted 
post.
  How is it that a country such as Libya will soon be in a position to 
control the proceedings of the U.N.'s main human rights monitoring 
body?
  Historically, the chairmanship of the commission rotates among the 
major regional groupings in the U.N. system. This year the opportunity 
to nominate a candidate fell to the Africa group which selected Libya 
as Africa's candidate. Their selection was primarily in recognition of 
financial support Libya provided toward the establishing a new Africa 
union to succeed the ineffective Organization for African Unity. It is 
also due in part to Libya's backing of the new African Partnership for 
Development, an initiative led by African states such as South Africa, 
Nigeria and Senegal, that calls for increased trade benefits and debt 
relief from the West in exchange for commitments to promote human 
rights and good governance across the continent.
  Needless to say, Libya's central role in these initiatives will 
undermine their credibility. According to Human Rights Watch, ``Over 
the past 3 decades, Libya's human rights record has been appalling and 
Libya has been a closed country for United Nations and nongovernmental 
human rights investigators.''
  Freedom House declared that Libya's chairmanship would ``undermine 
the U.N.'s moral authority and send a strong and clear message to 
fellow rights violators that they are in the clear.'' We do not have to 
go any further than the most recent State Department Human Rights 
Report to

[[Page 2709]]

learn that Libya's extensive security forces continue to commit 
numerous serious human rights abuses.
  Qadhafi uses summary judicial proceedings to suppress domestic 
opposition, and torture is used as a punishment and during 
interrogations. With prisoners held incommunicado, many political 
detainees are held for years without charge. Libya's government 
restricts freedom of speech, press, assembly, and religion. Violence 
against women is a widespread problem, as is the use of forced labor 
and repression against key tribal groups. In short, Libya's record 
should disqualify it from membership in the 53-member commission, not 
to speak of any claim it might have to chair its proceedings.
  We are well aware that Libya has yet to clear its name in connection 
with the 1988 terrorist bombing of Pan Am 103 over Lockerbie, Scotland, 
which killed 270 people. Although one of two former Libyan intelligence 
agents was convicted in the case 2 years ago and the conviction was 
upheld on appeal, Qadhafi continues to deny all responsibility for the 
bombing and has yet to pay compensation to the surviving family members 
to the victims of that terrorist attack.
  While temporarily suspended, U.N. sanctions as a result of the Pan Am 
103 bombing remain applicable against Libya, whose continuing status as 
an outlaw nation should bar it from consideration as a candidate for 
membership in the U.N. Security Council or any other U.N. body. The 
very credibility of the United Nations has been called into question 
with this Libyan selection.
  The United States will obviously have no easy task in reforming the 
Commission, ensuring that it fulfills the ideals of the Universal 
Declaration of Human Rights. The place to begin, in my view, is to 
ensure that the Commission has a membership comprised of countries with 
strong human rights records.

                              {time}  1430

  It should, for example, include participants in the community of 
democracies who have signed the Seoul declaration of November 2002, 
calling upon democratic nations to work together to uphold the 
principles of democracy, freedom, good government, and accountability 
in international organizations.
  I look forward to consulting with the Secretary of State on our 
priorities of strategy for the upcoming 59th session of the commission 
and for its long-term reform and renewal.
  I would also call upon the President to resist any effort now to lift 
U.N. sanctions against Libya until that country publicly accepts 
responsibility for the Pan Am 103 bombing, provides appropriate 
compensation to the victims, and is otherwise in full compliance with 
all the requirements of the United Nations sanctions.
  I urge my colleagues to join me in supporting this very important 
resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I might consume, 
and I rise in strong support of H. Con. Res. 27.
  Mr. Speaker, this important resolution condemns in the strongest 
possible terms the absurd selection of Libya as Chair of this year's 
United Nations Commission on Human Rights. Let me begin, Mr. Speaker, 
by expressing my sincere gratitude to my colleagues across the aisle, 
our distinguished Committee on International Relations chairman, the 
gentleman from Illinois (Mr. Hyde), and the gentlewoman from Florida 
(Ms. Ros-Lehtinen), who chairs our Subcommittee on International 
Operations and Human Rights, for collaborating with us on the text of 
this important resolution.
  Mr. Speaker, on January 20, Colonel Muammar el-Gaddafi's Orwellian 
regime, a state sponsor of terrorism and a gross violator of human 
rights under United Nations sanctions, was elected by member states to 
chair the United Nations Commission on Human Rights, a body charged 
with responsibility for promoting universal respect for human rights 
and fundamental freedoms for all. This, Mr. Speaker, is the ultimate 
theater of the absurd.
  By virtue of its position in the Africa group of member states in the 
United Nations, Libya emerged as the preordained Chair of the U.N. 
human rights commission.
  Traditionally, Mr. Speaker, this post has rotated among the U.N.'s 
geographic groups, with each group respecting the other's nominee 
without a challenge. Realizing that the Africa group's turn was due and 
that, appallingly, Libya would be its choice, our administration took 
the unprecedented step of breaking with tradition and challenging 
Libya's nomination.
  It was the right move, Mr. Speaker. The United States cannot stand 
idly by as monstrous abusers of human rights such as Libya hijack the 
human rights commission.
  Given the absurd realities of the United Nations in so many 
instances, our protest was too little, too late, and Libya survived the 
challenge. Only Canada and Peru had the courage to stand by us in 
standing up to this outrage.
  Although this piece of legislation focuses on the selection of Libya 
to chair the human rights commission, it is also relevant to a similar 
outrage which we learned about only recently. Because of an absurd 
alphabetical rotation scheme, Saddam Hussein's Iraq is set to assume 
the presidency of the United Nations Conference on Disarmament for a 
30-day term starting on May 1. Apparently, Mr. Speaker, this is Saddam 
Hussein's reward for 13 years of success in his efforts to defeat U.N. 
sanctions and inspectors by rebuilding his capacity to create mass 
havoc with chemical, biological, radiological and nuclear weapons.
  Mr. Speaker, in response to these twin outrages, many of my 
colleagues here today will no doubt argue that enough is enough and 
conclude that it is time to pull the plug in our participation of such 
U.N. agencies. I fully understand their sentiment, but as we have seen 
in the current Iraq crisis, the U.N. is both a reality and, to some 
extent, a necessity. We cannot solve all of the world's problems 
without a forum to discuss our differences and hopefully to coordinate 
our responses.
  Mr. Speaker, it is my sincere hope that H. Con. Res. 27, the first 
piece of foreign policy legislation to be considered by the 108th 
Congress, will be remembered as a watershed event in our efforts to 
reclaim the United Nations human rights commission and other hopelessly 
misguided institutions from the rogue states which have captured them 
for their own propaganda purposes.
  This resolution is only a first step. We must follow up with a 
multipronged effort to bolster U.S. leadership at the U.N. and to 
reform its membership and leadership criteria.
  First, Mr. Speaker, we have to increase the capacity of our State 
Department to engage in multilateral diplomacy. Our diplomats have to 
become more effective in lobbying other governments to vote with the 
United States on critical matters at the U.N.
  The United States must also engage in a vigorous and sustained effort 
to establish and to build a new democracy caucus within the U.N. that 
will assist democratic nations to work within and across regional lines 
to promote democratic leadership within the U.N. system.
  Finally, Mr. Speaker, we need to engage in a comprehensive effort to 
reform the outmoded system of regional voting and decision-making, and 
we must challenge rotational alphabetical and other leadership schemes 
that permit nations under U.N. sanctions to assume leadership positions 
at the United Nations.
  I urge my colleagues to support this measure and to continue to work 
toward a more rational, sane, and effective United Nations.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HYDE. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentlewoman from Florida (Ms. Ros-Lehtinen).
  Ms. ROS-LEHTINEN. Mr. Speaker, I thank the chairman for yielding me 
the time.
  As we have heard, Mr. Speaker, on January 20 of this year, Libya, a 
gross

[[Page 2710]]

violator of human rights and a state sponsor of terrorism, was elected 
to chair the United Nations Commission on Human Rights despite the Bush 
administration's best effort to block this farce. Hiding behind 
procedural explanations and diplomatic maneuverings, 33 countries 
ignored Libya's use of terror, extrajudicial killings, arbitrary 
arrests, persecution and harassments of political opponents, the 
selling of human beings into bondage as slaves; and instead, they voted 
for Libya to preside over this foremost human rights body.
  The commission is one of the few international forums confronting 
human rights violators, and it sets much of the tone and the agenda for 
a global human rights accountability. Its mission essentially is to 
give voice to those who are oppressed; thus, the selection of Libya was 
not only a defeat for justice and human dignity but a betrayal of all 
those brave souls worldwide who risk imprisonment, exile or even death 
to fight for universal rights and for fundamental freedoms.
  It was, and is, a betrayal of millions upon millions living under 
brutal regimes from North Korea to Cuba to China to Vietnam to Iran and 
Iraq. It is a betrayal also of the suffering endured by the families of 
the victims of Pan Am Flight 103. It shows contempt for the mission and 
work of the commission, and it only serves to empower and embolden 
pariah states who are increasing their presence on the commission and 
manipulating its agenda in order to legitimize their unacceptable 
practices.
  How can a regime which does not allow U.N. human rights monitors into 
its borders and refuses to comply with its obligation under 
international human rights covenants be a member of the commission, 
much less be elected to preside over it? How can a nation subject to 
U.N. sanctions for its role in terrorist attacks be rewarded with a 
leadership position such as this?
  Enough is enough. The U.S. cannot and will not sit idly by and allow 
dictators and terrorist states to further hijack the commission and 
other U.N. bodies.
  That is why the resolution before us, which I had the pleasure of 
drafting with my friend, the gentleman from Illinois (Mr. Hyde), the 
distinguished chairman of the Committee on International Relations, and 
the gentleman from California (Mr. Lantos), our ranking member, not 
only provides overwhelming evidence about Libya's record on human 
rights and terrorism but gives direction and support to the Bush 
administration as it attempts to reclaim the commission from the 
tyrants.
  Toward this goal, we look forward to continuing our discussions with 
the administration on such possible areas of reform such as the 
establishment of at least a minimum set of standards which should be 
met by all states who seek to be members of this body; also, the 
creation of a democracy caucus where its members make decisions based 
on shared values and commitments, rather than regional or bilateral 
considerations; to establish criteria for accreditation of 
nongovernmental organizations to the commission, to make sure that 
these NGOs are not agents of violator governments; also, to provide 
recognized prisoners of conscience and human right dissidents in exile 
an opportunity to render testimony on the situation of their country of 
origin during debate of pertinent resolutions at the annual session of 
the commission.
  This resolution extends beyond the commission. It seeks to prevent a 
repetition of this unacceptable situation in other U.N. fora, forums 
such as the Conference on Disarmament which may have Iraq at its helm 
in May of this year. And to achieve these goals, Mr. Speaker, the 
resolution calls for a diplomatic initiative to ensure that states that 
are gross violators of human rights, sponsors of terrorist activities 
or subject to U.N. sanctions, they will not be afforded membership or 
elected to any leadership position on any non-General Assembly U.N. 
entity or affiliated agency.
  Article V, in fact, of the U.N. charter provides, in principle, the 
suspension of a member state's rights if it is subject to U.N. 
sanctions. In addition, the resolution seeks to address attempts made 
by the Libyan dictator to escape his regime's responsibility for the 
Pan Am 103 bombing. It calls on the President to seek full 
reinstatement of sanctions against Libya until it is in full compliance 
with all of its obligations under these sanctions, sanctions which were 
imposed, Mr. Speaker, as a result of Libya's orchestration of this 
terrorist attack.
  Finally, Mr. Speaker, this is a comprehensive, forward-looking 
resolution which seeks to restore the commission's moral authority as 
well as the relevance of other U.N. bodies so they may fulfill their 
mandates. It enjoys bipartisan support, and I ask my colleagues to vote 
for passage of this resolution today.
  Mr. LANTOS. Mr. Speaker, I am delighted to yield as much time as he 
might consume to the gentleman from Maryland (Mr. Hoyer), the 
distinguished Democratic whip, one of the most effective global 
fighters for human rights in this body or any place.
  Mr. HOYER. Mr. Speaker, the gentleman from California is very kind, 
and I thank him for his remarks; but more than that, I thank him for 
his leadership on this issue and so many issues of vital concern to 
human rights internationally.
  I also want to thank my very good friend, the gentleman from Illinois 
(Mr. Hyde), the chairman. He himself is a giant in standing up for 
human rights. He and I have traveled overseas and participated in the 
Helsinki process together, he chairing delegations on which I had the 
honor of serving with him.

                              {time}  1445

  Mr. Speaker, I want to thank my good friends, the gentleman from 
Illinois and the gentleman from California, for bringing this very 
important resolution to the House floor. It is, I believe, a moral 
imperative and a matter of principle that this House speak as one 
today.
  The selection on January 20 of Libya, a gross, and I have heard that 
word used a number of times, and in our own lexicon of law ``gross'' 
means beyond the pale, a gross violator of human rights and a state 
sponsor of terrorism to ironically chair the United Nations Commission 
on Human Rights is, in my opinion, an affront to basic decency and it 
demeans the United Nations itself.
  Absurd, grotesque, tragic. Those are just a few of the words that 
have been used to describe Libya's election to this post. Our State 
Department includes Libya on its list of state sponsors of terrorism. 
Amnesty International has documented Libya's extrajudicial execution of 
government opponents and torture of political detainees. Human Rights 
Watch has called Libya's human rights record over the last three 
decades appalling.
  Imagine, the Commission on Human Rights, which claims to stand for 
free elections, free expression and fair trials, will now be chaired by 
a Nation that has not had a free election since Colonel Qaddafi seized 
power in 1969. Imagine, the Commission on Human Rights will now be 
chaired by a nation that itself refuses, refuses to admit U.N. human 
rights investigators. Imagine, the Commission on Human Rights will now 
be chaired by a nation that was responsible for the 1988 bombing of Pan 
Am Flight 103 that killed 270 people, and they harbored for years and 
years the perpetrators of that act; responsible for the 1986 bombing of 
La Belle Disco in Berlin that killed two U.S. servicemen; and for the 
1989 bombing of UTA Flight 772 over Niger.
  The selection of Libya to head the Commission on Human Rights 
undermines the credibility, integrity, and relevance of the United 
Nations. We must not, I repeat, Mr. Speaker, we must not countenance or 
ignore or rationalize the dangerous, illegal and destabilizing behavior 
by criminals and nations whose rogue status endangers international 
security and stability.
  The only bright spot in this otherwise outrageous, dismal act is that 
it may, it just may spur the international community to closely 
scrutinize Libya's human rights record and force

[[Page 2711]]

serious thinking about reforming the Commission and the way of 
selecting the Commission. I urge our government, Mr. Speaker, to work 
to accomplish both of those ends.
  I believe this resolution is an important step in focusing our 
attention on this egregious act of irresponsibility by the United 
Nations and by its member states, and I urge my colleagues to support 
unanimously this very important resolution.
  Again, I thank the chairman, the distinguished gentleman from 
Illinois, and my friend, the gentleman from California, for yielding me 
this time and for their leadership in this effort.
  Mr. HYDE. Mr. Speaker, I yield myself such time as I may consume to 
say what a pleasure it is to work with the gentleman from California 
(Mr. Lantos) and the gentleman from Maryland (Mr. Hoyer) on important 
issues such as these. They are immensely helpful and, as I say, are a 
real pleasure.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. LANTOS. Mr. Speaker, I yield myself such time as I may consume to 
echo the words of my good friend from Illinois. It is a pleasure and an 
honor to begin yet another session of Congress with him. We look 
forward to achieving many things together.
  Mr. STARK. Mr. Speaker, today, I rise to express my grave concerns 
with the content of the resolution condemning the election of Libya to 
chair the United Nations Commission on Human Rights.
  I abhor Libya's human rights record. I don't agree with Libya's 
selection to head the Commission. But, the members of the United 
Nations have held a legitimate, democratic vote. Despite our serious 
reservations we have a responsible obligation to abide by the U.N.'s 
decision. We should not, as this resolution calls for, hold nations 
accountable for their votes.
  In a straight up or down vote, the U.N. Commission on Human Rights 
voted to elect Libya as its chair. Many people don't agree with that 
decision--Members of Congress, human rights advocates and many others. 
There is clear evidence of Libya's state sponsorship of terrorism and 
it's human rights record. Yet, regardless of our distaste with the 
outcome, this was a fair election in which the member nations elected 
Libya to this post. Everyone involved had an opportunity to vote and a 
majority decided who they wanted to lead them. Democracy has prevailed. 
Now, the U.S. Congress is asked to vote to condemn that practice of 
democracy?
  The United States should practice what it preaches. We cannot in one 
breath say democracy is good and in the next say democracy is bad, 
simply because we disagree with the result.
  Mr. MARIO DIAZ-BALART. Mr. Speaker, on December 21, 1988 Pan Am 
Flight 103 exploded in the skies over Lockerbie, Scotland, killing 270 
innocent people. Sadly, the government that sponsored this terrorist 
act only fifteen years ago--Libya--has now been selected to chair the 
United Nations Commission on Human Rights.
  Unfortunately, the hypocrisy of this reaches far beyond the Pan Am 
tragedy. Libya continues to stand in consistent violation of 
international human rights treaties. It's not just that torture and 
random executions are not condemned by Libya, such gross violations of 
human rights are heavily practiced and supported by high ranking 
government officials.
  Libyans--especially those that freely express their political 
opinion--live in fear of their own government every day. Torture, abuse 
and unfair detainments are common practice within the Libyan system of 
justice, yet Libya has not admitted to a single case of human rights 
abuses within their country.
  The preamble of the United Nations' Charter appropriately states: 
``We the peoples of the United Nations determined to reaffirm faith in 
fundamental human rights.'' As Libya assumes the chair of the U.N.'s 
Commission on Human Rights, it is clear that this faith has been 
seriously compromised.
  It is appalling that a nation with a clear and consistent record of 
complete disregard for human rights now stands in this key role in 
helping combat human rights violations. I believe that the legitimacy 
of this Commission has been lost and thousands of innocent men and 
women across the world, who fall victim to harsh and unfair treatment 
every day, will continue to suffer without hope as long as nations like 
Libya lead the fight to protect human rights by chairing this 
commission.
  I join my colleagues in supporting H. Con. Res. 27, which condemns 
the selection of Libya to chair the United Nations Commission on Human 
Rights.
  Mr. DeLAY. Mr. Speaker, on the basis of abominations like Libya's 
recent election to chair the Human Rights Commission, it's plain that 
the U.N. has tripped over the final precipice and is now descending 
ever-deeper into the abyss of moral relativism.
  We've seen from the U.N., for decades, a flagrant pattern of amoral 
accommodation, calculated appeasement, and even the willful suppression 
of the distinction between good and evil itself.
  We see a disturbing lesson at work: In the United Nations of the 
Twenty-First Century, a documented record of state-sponsored terrorism, 
aggressive militarism and systematic brutality are no impediment to a 
country's rise within the U.N.'s bureaucratic hierarchy. From the 
International Criminal Court's excesses, to Iraq's chairmanship of the 
disarmament conference, and Libya's chairmanship of the Human Rights 
Commission, the U.N. is utterly marginalizing itself.
  The free world can't delegate international security decisions to an 
organization capable of absurd actions like the elevation of Libya to 
the Human Rights Commission or Iraq to the Disarmament Conference.
  Let's not hedge the truth: The U.N. is legitimizing indefensible 
regimes and at the end of this path lays utter irrelevance. The free 
nations of the world face a number of grave problems and we can never 
allow illegitimate regimes to dictate the terms of our freedom or 
security.
  Mr. HASTINGS of Florida. Mr. Speaker, I rise today to condemn in the 
strongest possible terms the selection of Libya to chair the United 
Nations Commission on Human Rights. Libya has committed untold acts of 
terror against the United States and its citizens. Libya has not 
demonstrated sufficiently that it does not support international 
terrorism. Nor has it abandoned its quest for weapons of mass 
destruction. Congress correctly extended the Iran-Libya Sanctions Act 
until August 2006.
  To be sure, lets look at Libya's record of uncivilized behavior 
during the last two decades: In the 1980s it was reported that Libya 
used chemical weapons against government rebels in the Chad civil war. 
It was also reported that during this time Libya was seeking chemical 
and nuclear weapons. Muammar al-Qadhafi also stated that he supported 
international terrorism, and defended terrorism in wars of national 
liberation. Because of this support, the United States named Libya a 
state sponsor of terrorism on December 29, 1979.
  Libya was suspected of being involved in the April 5, 1986 bombing of 
a Berlin nightclub frequented by U.S. Armed forces personnel. Three 
U.S. soldiers died in the blast. On April 15, 1986 the United States 
bombed three target areas in Libya in retaliation for the Berlin 
incident.
  The United States and the United Kingdom accused Libya of complicity 
in the December 21, 1988 explosion of Pan American Airways flight 103 
en route from London to New York that crashed in Lockerbie Scotland, 
killing 259 passengers and crew and 11 people on the ground. Also, 
France suspected that Libyans were involved in the bombing and crash of 
UTA flight 772 over Niger in Africa in 1989.
  The United States has noted al-Qadhafi recent recantations on his 
support for terrorism with some skepticism and caution.
  Mr. Speaker, if indeed Mr. al-Qadhafi and his regime have indeed 
reformed, the civilized world would feel a lot better if they had more 
time to establish a favorable track record in this regard. To reward 
such recent behavior with this very important and prestigious 
appointment makes a mockery of what this commission stands for.
  Mr. CARDIN. Mr. Speaker, I rise in strong support today of H. Con. 
Res. 27, which condemns the selection of Libya to chair the United 
Nations Commission on Human Rights.
  The international community has long known that Libya has a 
deplorable record on human rights and is a sponsor of terrorism. For 
that reason, it is shocking that Libya is now the chair of a body 
charged with the responsibility of promoting universal respect for 
human rights and fundamental freedoms for the world's citizens.
  The United Nations' decision to elect Libya as the Chair of the 
United Nations Commission on Human Rights is alarming for several 
reasons. First, it is remarkable that United Nations would even 
consider Libya's candidacy for the position, given the fact that Libya 
has not accepted responsibility for its role in the terrorist bombing 
of Pan Am Flight 103 that killed hundreds of innocent people over 
Lockerbie, Scotland, in 1988. Until Libya takes responsibility for its 
actions and complies with particular Security Council mandates, Libya 
cannot have any credibility in being the chair of a United Nations 
commission that promotes

[[Page 2712]]

human rights. In today's world, where we seek to defeat the threat 
posed by international terrorism, it is irresponsible for a state like 
Libya to be elected to such a leadership position.
  Second, Libya's selection to be chair of the United Nations 
Commission on Human Rights reflects a disturbing trend in international 
institutions. It has become highly prevalent that states which violate 
human rights laws seek to secure positions in global bodies that 
espouse such laws so they can protect their reputations and those of 
similar regimes. Members of the international community must speak out 
against such practices lest these institutions become a mockery of 
international law and human rights.
  I urge the House to pass this resolution, which states in the 
strongest possible terms the outrage of Congress at the selection of 
Libya to chair the United Nations Commission on Human Rights. The 
Resolution clearly states that: (1) Libya is a gross violator of human 
rights; (2) it is a state sponsor of terrorism; (3) several countries 
as well as international organizations have condemned Libya's selection 
as chair of the Commission; (4) the United States is appalled by the 
European Union's common position of abstention on the critical vote 
over Libya's selection as chair of the commission; (5) the Secretary of 
State should engage member countries to support the United States 
efforts to ensure that states that are gross violators of human rights 
or sponsors of terrorism not ascend to leadership positions in the 
United Nations.
  Libya has a horrific human rights record. Citizens do not choose 
their leaders in free and fair elections, nor are they able to petition 
their government for redress of grievances. It uses summary judicial 
proceedings to suppress domestic opposition. Security forces torture 
prisoners during interrogations and as punishment. Security forces 
arbitrarily arrest and detain persons, and many prisoners are held 
incommunicado. Many political detainees are held for years without 
charge. There is not an independent judiciary that enforces legal 
rights of citizens, and citizens do not have the right to a fair public 
trial or to be represented by legal counsel. The government infringes 
on citizens' privacy rights, and citizens do not have the right to be 
secure in their homes or persons, or to own private property. Libya 
restricts freedom of speech, press, assembly, association, and 
religion. Is this the type of country that should be charged with being 
the chair of a commission that promotes human rights? I think not.
  Libya is one of seven countries on the State Department's list of 
state sponsors of terror. As I have said in the past, Libya has 
continued to acquire weapons of mass destruction and promote state-
sponsored terrorism. Last year, our Under Secretary of State for Arms 
Control and International Security said that there was no doubt that 
Libya seeks nuclear weapons. Furthermore, he said that Libya has 
produced at least 100 tons of different kinds of chemical weapons. It 
is antithetical to the United Nations' mission for peace that a state 
engaged in creating global havoc be in charge of one of its most 
important committees.
  It is imperative that members of the international community do not 
retreat from their responsibility to ensure that those charged with 
monitoring human rights are not, in fact, grave violators themselves. 
We must not give credibility to countries which violate human rights 
and support terrorism. To do otherwise is to legitimize their 
practices.
  Congress has recently made its policy clear with respect to Libya's 
alarming behavior. In 2001, Congress passed the Iran-Libya Sanctions 
Act of 2001, which President Bush signed into law in August 2001. I was 
an original co-sponsor of the bill, and in the Ways and Means Committee 
I argued in favor of extending the current sanctions in place against 
Iran and Libya for an additional five years. ILSA threatens the 
imposition of economic sanctions against foreign entities investing in 
Iran and Libya's energy sectors. ILSA combines deterrence (the 
possibility of sanctions) with presidential discretion (through broad 
waiver authority). ILSA has been very effective so far, the Congress 
overwhelmingly approved the reauthorization of legislation to keep the 
pressure on Libya and Iran to stop their pursuit of weapons of mass 
destruction and ballistics missile technology. Libya also remains 
hostile to the State of Israel and may support terrorist activities 
against Israel.
  Mr. Speaker, it is this great nation's hope that it can one day live 
in a world where it is not threatened by international terrorism and 
that human rights for all will be respected. The selection of Libya as 
chair to the United Nations Commission on Human Rights undermines these 
goals. I, therefore, urge the House to pass this resolution by a strong 
bipartisan vote.
  Mr. OSE. Mr. Speaker, I would like to thank the Chairman for bringing 
this important issue to the attention of the House and the American 
people.
  Two years ago, many in this chamber were shocked when the United 
States was removed from the United Nations Commission on Human Rights 
and of the International Narcotics Control Board.
  The U.S. was a founding member of the Human Rights Commission and 
First Lady Eleanor Roosevelt was its first Chair.
  The U.S. spends more money fighting the use of illegal narcotics than 
any other nation in the world.
  Despite these facts, some of our ``friends''--and I use the term with 
increasing skepticism--at the United Nations felt it was more important 
that nations like Libya and Syria serve on the U.N. agency overseeing 
human rights and that the Netherlands--a country whose own Web page 
admits they will not enforce their drug laws--should serve in our place 
on a board designed to enforce drug laws.
  Chairman Hyde stood up and led this body to call for the suspension 
of U.S. funds to the U.N. until we were reinstated on the Human Rights 
Commission. We are now back on that board.
  I offered an amendment that passed this House to curtail our funding 
of the International Narcotics Control Board until we were returned to 
its membership. This year the U.S. was again shut out while Iran, 
Brazil and Nigeria were added to the Board.
  We have seen that the United Nations does not learn from its 
mistakes. As former President Reagan might have said, ``There they go 
again.''
  While we have been reelected to the Human Rights Commission, Libya 
has been elected to its Chairmanship. Think about that. Libya. A nation 
led by a brutal dictator who is known to sponsor international 
terrorism. Yet only two other nations joined the U.S. in opposing their 
election to head this prestigious body whose duty is to protect human 
rights. Eight European nations made the ``courageous'' decision to 
abstain.
  And in an example of how momentum is the true ruler of the United 
Nations and its bloated bureaucracy, this year's meeting of the U.N. 
Conference on Disarmament will be presided over by Iraq--despite the 
fact that Iraq is under U.N. sanctions for failing to disarm and even 
now faces international action for this failure.
  I wish I could tell you I was surprised.
  But the United Nations has not been the effective body it could have 
been over the past two decades. Time and time again, the U.N. in recent 
years has done more harm than good.
  I still believe the U.N. can be a useful body. One that helps promote 
dialogue and the exchange of ideas around the world. But many of its 
members have forgotten that respect is earned through logical decisions 
that advance the security of the world--not by blindly following 
bureaucratic momentum that promotes rogue regimes at the expense of the 
greatest democracies in the world.
  I truly hope that the actions we take here today send a message to 
the U.N. and its members that if they want the body to continue to be a 
force for good and progress in the world, they must think before they 
act and make decisions worthy of respect. The election of Libya to 
Chair the Human Rights Commission, and the continued exclusion of the 
U.S. from U.N. committees and boards, are not decisions of which they 
should be proud.
  Mr. LANTOS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Otter). The question is on the motion 
offered by the gentleman from Illinois (Mr. Hyde) that the House 
suspend the rules and agree to the concurrent resolution, H. Con. Res. 
27.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Ms. ROS-LEHTINEN. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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