[Congressional Record (Bound Edition), Volume 152 (2006), Part 5]
[House]
[Pages 6132-6135]
[From the U.S. Government Publishing Office, www.gpo.gov]




    URGING THE GOVERNMENT OF CHINA TO REINSTATE ALL LICENSES OF GAO 
 ZHISHENG AND HIS LAW FIRM AND REVISE LAW AND PRACTICE IN CHINA SO IT 
                  CONFORMS TO INTERNATIONAL STANDARDS

  Mr. SMITH of New Jersey. Madam Speaker, I move to suspend the rules 
and agree to the concurrent resolution (H. Con. Res. 365) urging the 
Government of China to reinstate all licenses of Gao Zhisheng and his 
law firm, remove all legal and political obstacles for lawyers 
attempting to defend criminal cases in China, including politically 
sensitive cases, and revise law and practice in China so that it 
conforms to international standards.
  The Clerk read as follows:

                            H. Con. Res. 365

       Whereas, since November 2005, the Beijing Judicial Bureau 
     has shut down the law firm and suspended the license of Mr. 
     Gao Zhisheng, one of China's best known lawyers and legal 
     rights defenders;
       Whereas Mr. Gao has represented citizens of China in 
     lawsuits against various local and administrative 
     governmental bodies of the People's Republic of China over 
     corruption, land seizures, police abuse, and violations of 
     religious freedom;
       Whereas Mr. Gao wrote 3 open letters to President Hu Jintao 
     and Premier Wen Jiabao condemning the methods employed by the 
     Government of China in implementing its ban on ``evil 
     cults'', such as the Falun Gong and an additional letter 
     documenting severe persecution of Christians in Xinjiang 
     Uighur Autonomous Region;
       Whereas Mr. Gao's law practice filed a petition to appeal 
     the verdict against Cai Zhuohua, who was found guilty of 
     ``illegal business practices'' based upon his distribution of 
     Bibles and religious material;
       Whereas Mr. Gao's home has been constantly monitored by 
     agents from the Ministry of State Security and Mr. Gao was 
     prevented by the Public Security Ministry from meeting with 
     the representatives of the United Nations Special Rapporteur 
     on Torture during his November 2005 visit to Beijing;
       Whereas agents of the Public Security Bureau of China, 
     numbering between 10 and 20, have consistently monitored the 
     activities and whereabouts of Mr. Gao, his wife, and his 
     daughter since late November 2005;
       Whereas, on November 10, 2005, an open letter, signed by 
     138 organizations worldwide, was submitted to President Bush 
     calling on him to voice support of Mr. Gao and his legal 
     practice during the President's November 2005 visit to China;
       Whereas other human rights lawyers, collectively known as 
     ``rights defenders'', or Wei Quan, have also faced 
     harassment, arrest, and detention for their consistent and 
     vigorous activities to defend the fundamental rights of the 
     people of China, contrary to measures within the law of China 
     protecting human rights and rights of lawyers;
       Whereas Mr. Chen Guangcheng, a blind human rights lawyer 
     who has exposed cases of violence against women, including 
     forced abortion and forced sterilization perpetrated by 
     authorities of China under the 1-child policy, was beaten on 
     October 10, 2005, and currently remains under house arrest;
       Whereas law professor and People's Political Consultative 
     Congress Delegate, Xu Zhiyong, who advocates on behalf of 
     petitioners filing grievances with the Central government in 
     Beijing, was also beaten on October 10, 2005, when meeting 
     with Chen Guangcheng;
       Whereas Mr. Yang Maodong (also known as Guo Feixiong), a 
     lawyer representing villagers in Taishi village who attempted 
     to oust their village head in peaceful elections, has been 
     arbitrarily detained repeatedly and remains under consistent 
     surveillance by security agents;
       Whereas Mr. Tang Jingling, a Guangdong based lawyer also 
     working on the Taishi village elections case, has been fired 
     from his law firm and was beaten on February 2, 2006, after 
     attempting to meet with Yang Maodong;
       Whereas, on February 28, 2006, the Joint United Nations 
     Programme on HIV and AIDS (also known as ``UNAIDS'') office 
     in China expressed concern regarding the disappearance of Mr. 
     Hu Jia, an activist who worked to organize the legal defense 
     of AIDS patients in Henan Province, and who has been placed 
     in detention and has not been permitted to contact his 
     friends and family since February 16, 2006;
       Whereas, according to the Department of State 2005 Country 
     Reports on Human Rights Practices, lawyers who aggressively 
     tried to defend their clients continued to face serious 
     intimidation and abuse by police and prosecutors, and some of 
     these lawyers were detained;
       Whereas the Constitution of China states that the courts 
     shall, in accordance with the law, exercise judicial power 
     independently, without interference from administrative 
     organs, social organizations, and individuals, but in 
     practice, the judiciary is not independent and it receives 
     policy guidance from both the Government of China and the 
     Communist Party, whose leaders use a variety of means to 
     direct courts on verdicts and sentences, particularly in 
     politically sensitive cases;
       Whereas the Criminal Procedure Law of China gives suspects 
     the right to seek legal counsel, but defendants in 
     politically sensitive cases frequently find it difficult to 
     find an attorney;
       Whereas the Lawyers Law of the People's Republic of China 
     states that a lawyer may ``accept engagement by a criminal 
     suspect in a criminal case to provide him with legal advice 
     and represent him in filing a petition or charge or obtaining 
     a guarantor pending trial'';
       Whereas according to Article 306 of the Criminal Law of 
     China, defense attorneys can be held responsible if their 
     clients commit perjury, and prosecutors and judges in such 
     cases have wide discretion in determining what constitutes 
     perjury;
       Whereas according to the All-China Lawyers Association, 
     since 1997 more than 500 defense attorneys have been detained 
     on similar charges, and such cases continued during the last 
     year despite promises made by the Government of China to 
     amend Article 306;
       Whereas the State Department's 2005 Annual Report on Human 
     Rights states that China's human rights record ``remained 
     poor'', that authorities of China quickly moved to suppress 
     those who openly expressed dissenting political views, and 
     that writers, religious activists, dissidents, lawyers, and 
     petitioners to the Central Government were particularly 
     targeted;
       Whereas directly following their August 2005 visit to 
     China, the United States Commission on International 
     Religious Freedom found that--
       (1) the Government of China actively seeks to control and 
     suppress the activities of unregistered religious 
     organizations;
       (2) China has outlawed unregistered religious organizations 
     and provides severe penalties for engaging in unregistered 
     religious activities;
       (3) leaders of unregistered Protestant organizations have 
     come under increased pressure to register their churches and 
     affiliate with one of the government approved organizations, 
     and those who refuse, for theological or other reasons, are 
     subject to harassment, detention, arrest, and closing of 
     their religious facilities;
       (4) groups determined by the Government of China to be 
     ``evil cults'', such as Falun Gong, are brutally suppressed; 
     and
       (5) practitioners of Falun Gong have experienced severe 
     persecution, including arrests, numerous detentions, torture, 
     irregular trials, imprisonment, and subjection to the 
     reeducation through labor system, whereby accused criminals 
     are subject to up to 3 years detention;
       Whereas despite questions raised by the Government of the 
     United States and others about the charges made against 
     Pastor Cai Zhuohua, the Government of China sentenced Pastor 
     Cai and other members of his family to 3 years in prison for 
     ``illegal business practices'' for their printing and 
     distribution of religious materials;
       Whereas, according to China's Regulations on Religious 
     Affairs, promulgated in March 2005, any religious 
     organization that carries out activities without registering 
     with the government is subject to civil punishment and to 
     criminal prosecution;
       Whereas since the promulgation of the Regulations on 
     Religious Affairs, the Government of China has stepped up its 
     efforts to eliminate unregistered religious activity, with 
     raids on ``house church'' Christian groups in several 
     provinces, resulting in detention of hundreds of leaders of 
     the house church, dozens of whom remain in custody; and
       Whereas the Government of China has, on several occasions, 
     stated a commitment to ratify the International Covenant on 
     Civil and Political Rights, but has delayed ratification 
     since signing the document in 1998: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That --
       (1) Congress--
       (A) commends ``rights defense'' lawyers and activists of 
     China for their courage and integrity, and expresses moral 
     support for this grass-roots ``rights defense'' movement in 
     China;
       (B) urges the Government of the People's Republic of China, 
     at all levels, to cease its harassment of Mr. Gao Zhisheng, 
     overturn the suspension of his license to practice law, and 
     restore his legal right to represent the clients of his 
     choosing as protected by China's own Constitution, its 
     Criminal Procedure Law, and its Lawyers Law;
       (C) urges the Government of the People's Republic of China 
     to repeal Article 306 of the Criminal Code of China, which 
     provides penalties for lawyers whose clients are accused of 
     perjury and has been used to curtail the active legal defense 
     of individuals accused of political crimes;
       (D) urges the Government of the People's Republic of China 
     to undertake measures to further amend the Lawyers Law to 
     ensure lawyers' rights to investigate charges brought against 
     their clients, to provide a vigorous defense of their 
     clients, and to remain free of harassment and intimidation

[[Page 6133]]

     throughout the course of representing clients, including 
     clients who are charged with offenses related to political or 
     religious activities;
       (E) urges the Government of the People's Republic of China 
     to respect fully the universality of the right to freedom of 
     religion or belief and other human rights;
       (F) urges the Government of the People's Republic of China 
     to ratify and implement in law the International Covenant on 
     Civil and Political Rights, and to adopt such legislative or 
     other measures as may be necessary to give effect to the 
     rights recognized in the Covenant;
       (G) urges the Government of the People's Republic of China 
     to amend or repeal Article 300 of the Criminal Code of China 
     so it is consistent with international law, and to halt its 
     crackdown on spiritual movements;
       (H) urges the Government of the People's Republic of China 
     to halt arrests, harassment, and intimidation of leaders of 
     unregistered religious organizations on the basis that their 
     organizations violated the law by not registering with the 
     Government of China;
       (I) urges the Government of the People's Republic of China 
     to Amend the Regulations on Religious Affairs to conform more 
     closely with the internationally recognized freedom of 
     thought, conscience, religion or belief and allow all 
     religious believers in China to practice their religion 
     without interference from the government or from government 
     sponsored ``patriotic religious associations'';
       (J) urges the Government of the People's Republic of China 
     to release Pastor Cai Zhuohua, his wife, and others 
     imprisoned with him, and to allow Pastor Cai to resume 
     religious activities and to resume leadership of his 
     congregation in Beijing; and
       (K) urges the Government of the People's Republic of China 
     to invite the Special Rapporteur of the Commission on Human 
     Rights on freedom of religion or belief to China as promised 
     according to an agreement between the Ministry of Foreign 
     Affairs of China and the Department of State of China in 
     March 2005; and
       (2) it is the sense of Congress that--
       (A) the Government of the United States should support 
     democracy and human rights programs that strengthen 
     protection of basic rights and freedoms, and should initiate 
     programs to train lawyers, judges, academics, and students in 
     China about international human rights law, to inform 
     citizens of China about international human rights norms, and 
     to build organizations and associations to promote these 
     priorities;
       (B) the Government of the United States should seek grant 
     proposals and fund programs to promote legal protections and 
     cultural awareness of the right to the freedom of religion or 
     belief commensurate to ongoing rule of law programs funded by 
     the Human Rights and Democracy Fund for Chinese workers, 
     women, and public interest law training; and
       (C) the President should raise the issue of the Government 
     of China's harassment, arrest, detention, and persecution of 
     rights defense lawyers and activists and the need for the 
     Government of China to respect the basic human rights of its 
     citizens and the rule of law during his planned meeting with 
     Chinese President Hu Jintao in April 2006.

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


                             General Leave

  Mr. SMITH of New Jersey. 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 concurrent resolution 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SMITH of New Jersey. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I thank our good friend, Mr. Mark Kennedy, for 
sponsoring this important human rights legislation. It is very well 
crafted. It sends a clear and unambiguous message to the People's 
Republic of China. Having worked the China issue for 26 years as a 
Member of Congress, I want to thank him for his extraordinary 
leadership on this. It is an excellent resolution.
  This resolution can probably be summed up in one phrase: Rule of law. 
When you get past the details, it asks China simply to adhere to the 
rule of law. First, it demands that China adhere to its own 
Constitution, its own procedure law, and its own law on lawyers. This 
is not asking a great deal. These instruments give very few rights, it 
is true, but unless China protects the rights it already acknowledges, 
nobody in China can have any genuine fundamental human rights.
  China acknowledges the right of defendants to a lawyer, the right of 
a citizen to seek redress of their legitimate grievances through the 
courts, and the duty of lawyers to represent clients. Yet China 
tramples on even these minimal rights.
  Lawyers like Gao Zhisheng, who dare to follow the law and represent 
clients, are harassed, threatened, beaten, forbidden to practice, 
detained and imprisoned. Defense lawyers are faced with the constant 
threat of indictment for perjury if and when the government decides 
their clients have lied. These practices must stop.
  Secondly, the resolution demands that China cease its assault on 
basic human rights, an assault that is the real reason behind the 
persecution of Gao Zhisheng and other Chinese lawyers.

                              {time}  1045

  They are being punished for their courageous defense of religious 
freedom, the right of women not to be violated by China's coercive 
population control program, the right of citizens to protest corrupt 
officials, the rights of citizens to petition their government to 
redress grievances. Such rights are not Western or American inventions. 
They are universal. No rule of law can exist unless such rights are 
acknowledged and protected.
  Last week, Madam Speaker, on the eve of President Bush's meeting with 
Chinese President Hu Jintao, I held a hearing to examine China's human 
rights abuses, and it was my 26th hearing on human rights abuses in the 
People's Republic of China. Our witnesses included three individuals--
survivors--who have spent considerable time in Chinese concentration 
camps--Laogai--including Harry Wu, who spent 19 years in prison. The 
hearing focused on some of the worst abuses, including Chinese 
censorship of the Internet, the use of the Internet as a tool of 
repression, violations of the rights of Chinese citizens to worship 
freely; also the trampling of labor rights, and coercive family 
planning, which continue to be a serious and highly pervasive abuse by 
the Chinese Government.
  Madam Speaker, Beijing has increasingly viewed the information 
available on the Internet as a potential threat to the party's ability 
to control the population and monopolize political power. It has turned 
China into one of the most repressive and restrictive Internet 
countries in the world. It is important to note that freedoms that we 
enjoy in America allowing individuals to publish information and news 
on the Web unfiltered is not something that Chinese individuals have. 
Those freedoms do not exist in China. Individuals who attempt to speak 
freely are imprisoned and tortured.
  At the very least, U.S. corporations should not be aiding in that 
process. Yet at a February hearing I chaired on the Internet in China, 
we learned in greater and disturbing detail how some of the biggest 
corporations of America have partnered with the much-hated Chinese 
secret police to find, apprehend, convict and jail religious believers, 
labor activists, and prodemocracy advocates.
  Yahoo told us at the hearing how they profoundly regretted sending 
Shi Tao to prison for 10 years, but then they couldn't tell us and 
didn't seem to want to know how many others were condemned to jail and 
torture because of Yahoo's complicity with the secret police. When I 
asked under what conditions, a court order, police demand, a fishing 
trip, Yahoo surrenders e-mails and address files, Yahoo told us that 
they couldn't reveal this information because it would break Chinese 
law. Give me a break.
  Google, for its part, created an exclusively Chinese search engine 
that only a Joseph Goebbels could love. Type in any number of vile 
words like ``human rights'' or ``Tiananmen Square massacre'' or ``Falun 
Gong,'' and you get rerouted to government propaganda, much of it 
heavily anti-American, much of it heavy anti-President Bush, and filled 
with hate, especially for the Falun Gong.

[[Page 6134]]

  How did Google respond to our deep concern about their enabling of a 
dictatorship to expand its hate message? They hired big-time Washington 
lobbying firms like Podesta-Mattoon and the DCI Group to put a good 
face on it all, and presumably kill my pending legislation, the Global 
Online Freedom Act of 2006.
  Amazingly, Cisco showed no seller's remorse whatsoever that its 
technology, especially Policenet, a tool for good in the hands of 
honest cops and legitimate law enforcement, but a tool of repression in 
the hands of Chinese police, has now effectively linked and 
exponentially expanded the capabilities of the Chinese secret police.
  Microsoft also censors and shuts down blogs that Big Brother objects 
to. You can be sure that no serious discussion of human rights was on 
the agenda at President Hu's visit with Bill Gates at Microsoft.
  China's continued repression of religion is among the most despotic 
in the world. In February, a BBC report said that China had warned Hong 
Kong's newly appointed Cardinal, Joseph Zen, a well-known critic of 
China's suppression of religious freedoms, to remain quiet on political 
issues. Citizens practicing a faith other than officially sanctioned 
religions are often subjected to torture, imprisonment and death, at 
which time prisoner organs are frequently harvested to meet demand. 
Christians, Tibetan Buddhists, and Muslim Uighurs are all being 
persecuted for their faith. Today numerous underground Roman Catholic 
priests and bishops and Protestant pastors languish in the infamous 
concentration camps known as the Laogai for simply proclaiming the 
Gospel of Jesus Christ.
  In the early 1990s, Madam Speaker, I met a bishop, Bishop Su Zhimin 
of Baoding Province, a gentle and kind man who celebrated mass for our 
small delegation. I was deeply inspired by his faith. He had recently 
been let out of jail, and his compassion was overwhelming even for 
those who jailed and mistreated him. He had no animosity for his 
jailers, only compassion and forgiveness. Soon after my visit--he was 
sent back to prison. What kind of regime incarcerates a truly noble man 
like this? Bishop Su has now spent 30 years of his life in prison for 
loving God and for loving his neighbor and even loving the despotic 
dictatorship that so hates him. What kind of barbaric regime hurts a 
man like this?
  And then there is the special hate that Beijing pours out on the 
Falun Gong. Nearly 7 years ago the Chinese Government began its brutal 
campaign to completely eradicate the Falun Gong through whatever means 
necessary. Many party members as early as 7 years ago or so and army 
officials began to practice Falun Gong. Like all dictators and 
totalitarian terror systems, the PRC fears and hates what it cannot 
control, so it decided to destroy and intimidate those who practice 
Falun Gong. We see before us now a Stalinist nightmare revived for the 
21st century, hundreds, perhaps thousands, dead as a result of torture; 
tens of thousands of jailed individuals without trial held in labor 
camps, prisons and mental hospitals where they are forced to endure 
torture-brainwashing sessions.
  I would note parenthetically that when a woman protested on the White 
House lawn when President Hu was making his speech, it may have been 
impolite for her to do that, but had she done that in China, Madam 
Speaker, she would be dead now, having been subjected to torture and 
then an execution. That is the reality on the ground in the People's 
Republic of China.
  Just over a year ago, Madam Speaker, Beijing finally released the 
renowned Uighur human rights activist Rebiya Kadeer, who also testified 
at our hearing from prison, where she had be held on trumped-up charges 
and lived there in prison for over 6 years. We had hoped this signaled 
some sort of genuine improvement. Maybe things were beginning to turn. 
However, we have now learned that nothing could be further from the 
truth, and the Muslims, like the Tibetan Buddhists and like so many 
others, are being continually harassed and put into prison.
  Madam Speaker, coercive family planning in China has slaughtered more 
innocent children than any war in human history. It is a weapon of mass 
destruction. Coercive family planning has wounded Chinese women by the 
millions. And one psychological consequence is that some 500 women 
commit suicide each and every day in the People's Republic of China. 
China's one child per couple policy decreed back in 1979 has killed 
hundreds of millions of babies by imposing Draconian fines up to 10 
times annual salaries for both husband and wife on their parents who 
are told they must abort their child. Brothers and sisters in China, 
Madam Speaker, are illegal.
  Sex selection abortions, a direct consequence of the one child per 
couple policy, has led to gendercide. Approximately 100 million girls 
are missing in China, killed by sex selection abortion. One Chinese 
demographer has admitted that by the year 2020, 40 million Chinese men 
will not be able to find wives because Beijing's weapon of mass 
destruction, population control, destroyed the girls.
  Then there is the whole issue of labor rights. We heard from the 
policy director of the AFL-CIO who raised significant and profound 
issues of labor rights violations by the Government of China, Ms. Thea 
Lee, who spoke at our hearing. We all know that solidarity in Poland 
made the difference in ushering in respect for human rights in Central 
and Eastern Europe and then Russia, and that in China there are no 
labor rights, and there is no recourse for hundreds of millions of 
Chinese laborers trapped in these poor working conditions. Ms. Lee 
pointed out that those who protest unjust wage and labor practices are 
often put into prison. They, like religious and prodemocracy advocates, 
are tortured and cruelly mistreated by the Government of China.
  So let me just say, Madam Speaker, this resolution puts us on record 
as a Congress in a bipartisan way; Mr. Lantos, who has been just 
outstanding and a champion on behalf of the human rights in China, Mark 
Kennedy and Frank Wolf and so many others who daily speak out against 
these abuses. This resolution gives us all an opportunity to speak 
truth to a despotic power that is literally getting away with murder 
that they must stop these egregious violations of human rights, and 
they must stop now.
  I reserve the balance of my time.
  Mr. LANTOS. Madam Speaker, I yield myself such time as I might 
consume. I rise in strong support of this resolution.
  Madam Speaker, before dealing with this resolution, I would like to 
commend my friend from New Jersey Chairman Smith for holding an 
extraordinary hearing during the visit of the Chinese President Hu 
Jintao here in Washington. I had the privilege of watching that hearing 
from California, and I want to commend my friend for injecting a sorely 
needed dose of realism into this very ceremonial and in many ways 
misleading visit. You did the country great service, Mr. Smith.
  I would like to acknowledge the efforts of the leading Democratic 
cosponsor of this important measure, Representative Dennis Cardoza, my 
fellow Californian, and an emerging leader on human rights issues on 
the International Relations Committee.
  Madam Speaker, during his groundbreaking trip to South Africa in 
1966, the late Robert Kennedy addressed students at the University of 
Cape Town. His remarks that day were particularly eloquent, and I 
quote, ``Few men are willing to brave the disapproval of their fellows, 
the censure of their colleagues, the wrath of their society. Moral 
courage is a rarer commodity than bravery in battle or great 
intelligence. Yet it is the one essential vital quality for those who 
seek to change the world which yields most painfully to change.''
  Madam Speaker, Chinese human rights lawyer Gao Zhisheng is precisely 
the type of individual Robert Kennedy had in mind 40 years ago in Cape 
Town. As a former soldier in the People's Liberation Army and a member 
of the Chinese Communist Party, Gao was set to join China's political 
and social elite. But, instead of power and prestige, Gao

[[Page 6135]]

opted to become a human rights lawyer in a nation where respect for 
human rights and political freedoms are not part of the government's 
lexicon.
  Gao's struggle for human rights within China's legal system has not 
been without cost. His law firm has been shut down by the Chinese 
Government. Gao and his family are subject to constant surveillance by 
an army of government agents. Police officers called him a few months 
ago to say, we have gathered a lot of information about you, including 
your home, your wife and your children. We even know which bus your 
children usually take to go to school.
  Madam Speaker, these scare tactics are unfortunately standard 
practice against Chinese lawyers who fight for real justice in the 
Chinese legal system. Gao provoked Beijing's wrath by defending a 
Chinese activist who had worked on behalf of the villagers trying to 
unseat their corrupt village chief, and by representing a journalist 
sentenced to jail for posting his own political thoughts on line. And 
perhaps, most importantly, Gao had written an open letter to the 
Chinese leadership condemning the unfounded persecution of the Falun 
Gong.
  The resolution before the House today commends Gao and other Chinese 
human rights lawyers for their brave and principled actions on behalf 
of individual Chinese citizens fighting the government's injustice. It 
also condemns the Chinese Government's ceaseless efforts to harass, 
intimidate and imprison lawyers who are simply attempting to uphold 
China's own Constitution.
  Madam Speaker, when Bob Kennedy spoke to South African students four 
decades ago, it seemed inconceivable that apartheid would fall and that 
human rights and democracy would one day flourish in South Africa.

                              {time}  1100

  The skeptics were wrong. Today it seems similarly probable that China 
will one day have a democratically elected government that respects 
human rights. But Gao and his fellow human rights lawyers have bravely 
refused to concede defeat, and we remain grateful to their moral 
courage and willingness to persevere despite all the odds. When the day 
comes that human rights are respected in China, we will all stand to 
applaud Gao and his colleagues.
  Madam Speaker, I strongly support this resolution.
  Madam Speaker, I reserve the balance of my time.
  Mr. SMITH of New Jersey. Madam Speaker, I yield such time as he may 
consume to the distinguished gentleman from Minnesota (Mr. Kennedy), 
the author of this resolution.
  Mr. KENNEDY of Minnesota. Madam Speaker, I thank the chairman for 
yielding.
  Madam Speaker, I rise today to call attention to the persecution that 
has been well laid out to those who dare challenge the Chinese 
Government on matters of human rights and religious freedom. This 
resolution calls on the Government of China to stop its persecution of 
lawyers who defend clients in human rights and religious freedom cases 
and to repeal its laws designed to prohibit unlicensed religions from 
meeting freely.
  The case of Gao Zhisheng, one of China's best-known lawyers and human 
rights defenders, is illustrative of the abuse that the Chinese people 
suffer for the exercise of rights that many Americans take for granted.
  Mr. Gao has dared to represent Chinese citizens in lawsuits over 
corruption, land seizures, police abuse, and violations of religious 
freedom. One of these lawsuits was filed to appeal a verdict against 
Cai Zhuohua, who was found guilty of illegal business practices because 
he dared to distribute Bibles. Because of his human rights defense 
work, Mr. Gao had his law practice closed and virtually everyone he 
knew and his family followed by state agents.
  Madam Speaker, just as troubling is the case of Chen Guangcheng, a 
human rights lawyer who is blind and who exposed cases of violence 
against women, including forced abortion and forced sterilization under 
China's one-child policy. For his advocacy, last October Mr. Chen was 
beaten by state agents, placed under house arrest, and this past March 
taken into police custody. His whereabouts are presently unknown.
  These are not isolated cases, according to the Department of State 
2005 Country Report on Human Rights Practices in China. That report 
detailed the serious intimidation and abuse that continues to occur in 
China for those who defend basic human rights and religious freedom. In 
fact, with the promulgation of the Regulations on Religious Affairs, 
the Chinese Government has stepped up its efforts to eliminate 
unregistered religious activity with raids on house church Christian 
groups and the detention of hundreds of house church leaders, dozens of 
whom remain in custody.
  Last November I stood with Chairman Chris Smith, Ranking Member 
Lantos, and Minority Leader Nancy Pelosi and listened as the U.S. 
Commission on International Religious Freedom report the active efforts 
to suppress religion it found in China. The commission's report 
detailed systematic activity against religious freedom, including the 
criminalization of unregistered religious organizations and severe 
penalties for those who engage in unregistered religious activities. 
Those who defy these rules are subject to harassment, detention, 
arrest, and closing of their religious facilities. Some, like the 
members of Falun Gong, face brutal oppression for their beliefs and 
horrific acts of torture that shock the conscience.
  Madam Speaker, when I traveled to China last year, I spoke with 
government officials, including representatives of the Chinese Catholic 
Patriotic Association, to address these subjects. I spoke of the need 
for the U.S. and China to have an open dialogue about the importance of 
respecting these values. As I said then, fundamental human rights such 
as religious freedom should face no ideological, political, or 
geographic boundaries. These are rights given to man by the Almighty. 
They are part of who we are as human beings and are bigger than any 
government.
  Madam Speaker, I urge the Chinese Government to release Chen 
Guangcheng and to cease persecution of Gao Zhisheng and reinstate his 
license. If China wants the respect of the world, it needs to respect 
its own people. I ask my colleagues to support this resolution. Let us 
make a statement that the Chinese Government and the Chinese rights 
defenders will hear.
  Mr. LANTOS. Madam Speaker, this body stands united in calling on the 
Chinese Government to release this courageous fighter for human rights, 
and we urge all Members to vote for this resolution.
  I have no further requests for time, and I yield back the balance of 
my time.
  Mr. SMITH of New Jersey. Madam Speaker, I want to thank Mr. Kennedy 
for his eloquent statement as well as Tom Lantos for his always 
eloquent statements on behalf of human rights.
  Madam Speaker, I have no further requests for time, and 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 New Jersey (Mr. Smith) that 
the House suspend the rules and agree to the concurrent resolution, H. 
Con. Res. 365.
  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. SMITH of New Jersey. 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.

                          ____________________