[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Extensions of Remarks]
[Pages 4415-4417]
[From the U.S. Government Publishing Office, www.gpo.gov]




          MONITORING RESPECT FOR HUMAN RIGHTS AROUND THE WORLD

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Wednesday, March 29, 2006

  Mr. SMITH of New Jersey. Mr. Speaker, on March 16, 2006, I chaired a 
hearing to review the State Department's Country Reports on Human 
Rights Practices for 2005 and, in the context of those reports, to 
examine the state of respect for human rights around the world.
  Human rights are not a concession or benefit conferred by the state. 
They are the entitlement of every human person on the basis of that 
person's inherent dignity and worth. Thus the Universal Declaration for 
Human Rights and subsequent international human rights treaties did not 
establish human rights--they recognized those rights. Therefore, human 
rights cannot be abrogated or otherwise removed by any government. They 
are entitlements pre-existing and superseding the prerogatives of the 
government, and as such are either respected or violated.
  Certain human rights are fundamental, and are the basis for the 
recognition and enjoyment of all other human rights. Foremost of these 
rights is the right to life. If a human being is denied or threatened 
with the denial of life, the existence of other rights is meaningless. 
And attempts to exclude any category of human beings from the 
inviolable right to life at the whim of expediency or the more powerful 
undermines and threatens the respect of life for all peoples. A 
determination to take the life of one human being easily translates 
into taking the life of another, limited only by the relative power of 
the aggressor and the vulnerability of the one whose life is 
threatened. It is for these reasons that the life of every human being, 
from conception to natural death, is of such critical, overriding 
importance.
  As affirmed by the Universal Declaration for Human Rights, liberty, 
justice and peace in the world are built on the foundation of the 
recognition of the inherent dignity and of the equal and inalienable 
rights of all members of the human family. Human rights are central to 
United States foreign policy not only because they are a moral 
imperative but also because they are central to any effort to establish 
and maintain a democratic, peaceful, stable society. Those who ignore 
or repudiate human rights are sowing the seeds of instability, 
rebellion and violence.
  It is therefore disturbing that human rights concerns are often 
subordinated to other concerns, such as trade, cooperation on 
terrorism, immigration control, or selling military equipment, in the 
name of maintaining relations with countries of high importance to U.S. 
strategic goals. This misses the point. The most important U.S. 
interest is the promotion of freedom and democracy and long-term 
stability. We are strong enough, and we are prosperous enough that we 
have no need to accept blood money or to send refugees back to 
persecution or to seek our alliances among regimes that murder and 
torture their own people.
  The Country Reports are among the most important tasks undertaken by 
the Department of State. These reports allow the United States an 
opportunity to bear witness, to reassert fundamental principles, and 
also to examine its own conscience about whether its foreign policy 
comports with these principles. Other annual reports, such as the 
Trafficking in Persons report and the report on International Religious 
Freedom, also shine the spotlight on specific human rights areas which 
bear closer examination.
  Although the human rights mechanism of the United Nations is not 
directly germane to the release of the Country Reports, the importance 
of the recent adoption by the General Assembly of the resolution 
establishing the new Human Rights Council is of such importance that I 
included it in the discussions of the hearing. I personally am deeply 
disappointed and dismayed that the United Nations adopted such a weak 
and deeply flawed replacement for the discredited Human Rights 
Commission.
  Furthermore, the new Council's anticipated promotion of the goals and 
commitments ``emanating'' from UN conferences and summits, measures not 
intended by negotiating member states to be on a par with human rights 
treaties, will dilute and trivialize the solemn importance rightly 
attributed to fundamental human rights. Many of us in Congress will be 
watching the development of the new Council closely, and we strongly 
encourage the Administration to work assiduously to not only ensure 
that this new council promotes and defends human rights but also that 
it does

[[Page 4416]]

not distort the established and accepted framework of fundamental human 
rights.
  The 2005 Country Reports document several important steps forward 
taken by governments around the world to respect and protect the 
fundamental human rights of their citizens. Burundi concluded a four-
year transitional process and large numbers of displaced persons were 
encouraged to return home. The election of President Ellen Johnson 
Sirleaf in Liberia marked ``a significant milestone'' in that country's 
efforts to achieve democracy and peace. Afghanistan experienced its 
first parliamentary elections in almost 30 years, with women 
enthusiastically participating. And in Ukraine, the Orange Revolution 
resulted in a democratically elected government and a notable 
improvement in respect for human rights.
  Unfortunately, the news is not all good. The Country Reports also 
serve to confirm and document what we knew already, that the last year 
has not been a good one for the state of human rights in the world. The 
Zimbabwean government's Operation Restore Order led to the demolition 
of houses and businesses and displaced or destroyed the livelihoods of 
more than 700,000 people. The government of Belarus President 
Lukashenko detained, fined, and imprisoned pro-democracy activists, 
including opposition politicians, students and newspaper editors, for 
criticizing him and his regime. And the people of Nepal continued to 
suffer many serious human rights abuses, both during and after the 
February-April state of emergency that suspended all fundamental rights 
except for habeas corpus--and even habeas corpus orders issued by the 
court were not respected.
  The totalitarian governments of China, North Korea, Vietnam and Cuba 
all continued their persecution of political and religious dissidents. 
The Chinese government and security forces, in particular, are cited by 
the 2005 Reports as having increased their harassment, detention and 
imprisonment of those perceived to be a threat to government authority. 
The government considers the number of death sentences to be a state 
secret, but foreign experts estimated that between 5,000 and 10,000 
persons are executed each year. There were claims that 20 public 
protesters were killed last year during one demonstration, and the 
state-run media reported that in general 460 persons were killed 
through abuse or dereliction of duty. The UN Special Rapporteur on 
Torture Manfred Nowak reported after his November visit that torture in 
China remains widespread.
  One of the most egregious human rights abuses that is receiving 
grossly insufficient global attention is the one-child per family 
policy enforced in China since 1979. The policy says that if a woman 
happens to become pregnant with a second child, despite the 
government's best efforts to assure that this does not happen, then the 
parent must pay a heavy penalty or unborn child must be aborted. Heavy 
fines are imposed upon couples who have an ``unapproved'' child. These 
so-called ``social compensation fees'' can be up to ten times a 
person's annual salary, compelling them to abort the baby.
  The Chinese government goes to appalling lengths to enforce its one-
child limit, abusing the rights of Chinese women, in particular, to a 
degree that is unique in both kind and degree. For example, Government 
Family Planning Bureaus conduct periodic pregnancy tests on married 
women, and give them unspecified ``follow-up'' services. Fines for 
failing to undergo these tests can be as high as $60 US. It should 
therefore not be surprising that approximately 500 women in China 
commit suicide each day--more than five times the global rate. Possible 
reasons given for this tragic statistic include that country's birth 
limitation policies and the traditional preference for male children.
  Officials who help individuals to evade the birth limitations are 
legally subject to significant and detailed sanctions. On the other 
hand, those who meet the population goals established by their 
administrative region are rewarded. Thus, it is no wonder that local 
officials violated individual's rights in attempting to reduce the 
number of births in their region. The 2005 Reports state that in just 
one province, 130,000 people were detained to force them or their 
relatives to submit to abortion or sterilization procedures. Several 
late-term abortions were documented, and at least 7,000 people were 
forcibly sterilized. Local officials profited personally from the fees 
charged for attendance at the ``population schools.'' One legal 
activist was placed under house arrest for exposing these abuses. Other 
instances of forced sterilizations and abortions, committed in 
pursuance of these harsh birth limitation policies, were again 
documented.
  The combined effect of the birth limitation policies and the 
traditional preference for male children resulted in the 
disproportionate abortion of female fetuses at a rate of 116.9 to 100 
overall, and a shocking 151.9 to 100 for second pregnancies. As a 
direct result of these ongoing crimes against humanity, China today is 
missing millions of girls, girls who were murdered in the womb simply 
because they are girls. A couple of years ago, the State Department 
suggested that as many as 100 million girls of all ages are missing--
that is to say, they should be alive and well and are not, a direct 
consequence of the government's one-child policy. This gendercide 
constitutes one of humanity's worst blights, and a far greater peril to 
peace and security than is being credited at this time.
  Elsewhere in the world, dictatorships in Belarus and Burma were 
unsurprisingly similar in their oppressive methods of control to 
maintain power. Security forces in both countries arbitrarily arrested 
and detained citizens for political reasons. Police abuse and torture 
of prisoners continued in Belarus, and in Burma, abuses also included 
rape, beatings, forcible relocation of populations, and conscription of 
child soldiers.
  In Africa, human rights abuses continued to be widespread throughout 
the continent. In Ethiopia, the refusal of the opposition parties to 
accept the announced results of the May elections resulted in serious 
human rights abuses. Authorities arbitrarily detained, beat and killed 
opposition members and freedom of the press and freedom of assembly 
were severely curtailed. In addition to the forced displacement 
mentioned earlier, Zimbabwe once again went through the charade of 
elections that in fact were marked by fraud and the improper 
participation of security forces in the tabulation of ballots, 
irregularities in voter registration, and continued restrictions on 
speech, press and assembly.
  The world is all too aware of the continuing tragic situation in 
Sudan. According to the World Health Organization, the conflict in 
Darfur has resulted in the deaths of at least 70,000 civilians, the 
internal-displacement of more than 1.9 million civilians, and the 
flight of an estimated 210,000 refugees to neighboring Chad. When 
confronted with such numbers, one must also take into account the 
attending human rights violations, including the abuse of children, 
extensive trafficking in persons, and the acts of torture and violence 
against women.
  The human rights record of Iran also worsened this past year, with 
numerous troubling violations reported. The government executed many 
political dissidents following trials that lacked due process. Dissent 
was criminalized and the death penalty applied to such offenses as 
apostasy, ``attempts against the security of the State, outrage against 
high-ranking officials and insults against the memory of Imam Khomeini 
and against the Supreme Leader of the Islamic Republic.'' A report 
released during the past year stated that at least 8 evangelical 
Christians have been killed in Iran and another 15 to 23 reported 
missing or ``disappeared'' over the past 15 years.
  Also alarming were the reports of serious human rights violations by 
governments with which the United States enjoys a close relationship. 
The 2005 Reports give no indication that Saudi Arabia is correcting its 
traditional disregard for religious freedom. Officially sanctioned 
discrimination against the Shi'a Muslim minority continued, and 
Christians still faced arrest and detention for practicing their faith, 
even in the privacy of their own homes. One newspaper reported that 40 
Pakistani citizens, including one Muslim, were arrested after holding 
Christian services in an apartment. Other human rights abuses took 
place in Saudi Arabia as well, including abuse of prisoners by security 
forces, arbitrary arrests, and legal and societal discrimination 
against women.
  Finally, I continue to be deeply troubled by the lack of respect for 
human rights and religious freedom in Vietnam. Vietnam is a one-party 
state run by the Communists which oppressively controls the ordinary 
lives of its citizens, rigidly represses political rights, and denies 
its people the exercise of their religious freedom. The Country Report 
on Vietnam documents that the government subjected religious leaders to 
administrative detention, ``pagoda arrest,'' and varying degrees of 
informal detention in their residences. Citizens who tried to exercise 
their rights to practice their religion, assembly, or expression also 
were detained at times for several days by security forces. Such 
conduct should not be ignored when a country is seeking stronger 
economic relations with the United States.
  In conclusion, the biggest challenge with the Country Reports is not 
the reporting itself, but the uses to which this human rights reporting 
will be put to achieve universal respect for human rights and thus 
greater peace and stability in our world. Human rights can not be the 
work of one political officer in the Embassy

[[Page 4417]]

who prepares the annual report once a year and then turns to other 
tasks. Rather, it must be the foundation on which our bilateral 
relationships are based.
  The cornerstone of U.S. foreign policy must be the promotion of 
American values, which include the protection and advancement of 
fundamental human rights of people around the world. The moral 
character and depth of soul of any society will be measured not by its 
military might, technological prowess, athletic excellence or GDP, but 
by the respect it accords to the inherent dignity and worth of every 
person who lives within its borders.

                          ____________________