[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Senate]
[Pages 4370-4372]
[From the U.S. 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.
  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

[[Page 4371]]

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 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

[[Page 4372]]

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 anti-
conversion 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. SCHIFF. Madam Speaker, I rise in strong support of H. Res. 736, a 
resolution to Condemn Afghan Attempts to Prosecute Converts. I share my 
colleagues' deep concern regarding the case of Mr. Abdul Rahman and the 
questions it raises regarding Afghanistan's commitment to religious 
freedom and human rights. I have sent a letter to Afghan President 
Hamid Karzai, and I submit it for the Record.

       Dear President Karzai: I am writing to you concerning the 
     case of Abdul Rahman, whose conversion to Christianity could 
     have cost him his life under traditional Sharia law.
       Along with many in the U.S. as well as in Britain, Germany, 
     Italy, and Australia, I am relieved that Mr. Rahman will not 
     be tried for exercising a right that is guaranteed to him by 
     national and international law. I recognize that you face 
     strong domestic opposition to this decision, but I urge the 
     Afghan government to stand by it and to use this opportunity 
     to demonstrate your Government's commitment to tolerance, the 
     rule of law, and the democratic ideals that are just 
     beginning to take root in Afghanistan.
       Afghanistan's Constitution stipulates that Afghanistan 
     shall abide by the United Nations' Universal Declaration of 
     Human Rights, which states that ``everyone has the right to 
     freedom of thought, conscience and religion; this right 
     includes freedom to change his religion or belief.'' 
     Additionally, although Afghanistan is an Islamic state, its 
     Constitution expressly grants followers of other religions 
     the right to freely exercise ``their faith and perform their 
     religious rites within the limits and the provisions of 
     law.'' The case of Abdul Rahman highlights the need to define 
     these limits.
       Your steady and principled leadership during the uncertain 
     post-war period earned you the admiration and trust of the 
     citizens of Afghanistan, who chose you to defend their hard-
     won freedoms and rights as their first democratically-elected 
     President. Similarly, the international community has 
     supported your reform efforts and we congratulate you on the 
     major social, political, economic and security improvements 
     in Afghanistan since the defeat of the Taliban.
       The strength and legitimacy of your democratically-elected 
     Government will ultimately depend upon that government's 
     ability and willingness to protect and promote the 
     fundamental human rights of all Afghani citizens. While it 
     may be permitted under Islamic Sharia law, the threatened 
     execution of Mr. Rahman would have violated the U.N. 
     Universal Declaration of Human Rights and the Afghan 
     Constitution. We are grateful this man's life has been 
     spared, and we hope that your government will take this 
     opportunity to clarify the supremacy of Afghanistan's 
     constitution within your country's legal framework.

  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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