[Congressional Record (Bound Edition), Volume 159 (2013), Part 10]
[Extensions of Remarks]
[Pages 14063-14064]
[From the U.S. Government Publishing Office, www.gpo.gov]




 SUDAN ADVOCATES EXPRESS GRAVE CONCERN AT PROSPECT OF BASHIR VISIT TO 
                                THE U.S.

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                      Thursday, September 19, 2013

  Mr. WOLF. Mr. Speaker, I rise to submit a letter sent today to 
President Obama by leading Sudan advocacy groups and individuals 
expressing great concern over the reports that Sudanese President Omar 
al-Bashir has requested a visa to visit the U.S. for the upcoming 
United Nations General Assembly meeting.

                                               September 19, 2013.
     The White House,
     1600 Pennsylvania Ave. NW.,
     Washington, DC.
       Dear President Obama: We write with great concern over 
     reports that Sudanese President Omar al-Bashir has requested 
     a visa from the U.S. government in order to participate in 
     next week's UN General Assembly meeting. Our immigration laws 
     prohibit admitting perpetrators of genocide and extrajudicial 
     killings into our country and it is unprecedented for someone 
     wanted by the International Criminal Court for the crime of 
     genocide to travel to the United States. While we recognize 
     that the U.S. government is obliged to facilitate President 
     Bashir's visit under the UN Headquarters Agreement, we urge 
     you to do everything in your power to prevent the trip.
       We deeply appreciate that the administration has already 
     publicly voiced concerns about this proposed trip and write 
     to suggest additional steps that could dissuade President 
     Bashir from persisting with his travel plans. The 
     administration should consider announcing that, if President 
     Bashir lands in New York, the U.S. Department of Justice will 
     explore filing a criminal case against him under 18 USC 1091. 
     This law, which codifies the Genocide Accountability Act of 
     2007, allows for anyone present in the United States to be 
     prosecuted for genocide, even if their crimes were committed 
     abroad. By publicly raising the threat of such a prosecution 
     and the specter that President Bashir's privileges and 
     immunities may not extend to genocidal acts, your 
     administration would make an important statement about the 
     U.S. government's commitment to atrocity prevention and 
     accountability.
       Declaring that the U.S. will only offer the Sudanese 
     delegation the minimum amount of protection mandated by the 
     UN Headquarters Agreement could also affect the Sudanese 
     government's decision making process. Invoking the ``security 
     reservation'' attached to the Headquarters Agreement

[[Page 14064]]

     might even offer our State Department a justification for a 
     visa denial. The U.S. government could defend this decision 
     by citing Presidential Study Directive-10, which 
     unequivocally declares that the prevention of mass atrocities 
     is a core national security interest. Limiting the number of 
     visas granted to President Bashir's security detail and 
     imposing specific geographic constraints on those visas could 
     also circumscribe the delegation's mobility and raise the 
     reputational costs of the trip.
       In the event that President Bashir remains steadfast in his 
     intent to travel to United Nations headquarters despite these 
     actions, there are a number of steps that can be taken to 
     impede his travel. Our diplomatic corps should encourage 
     countries along President Bashir's planned flight path to 
     refuse landing rights for his aircraft for refueling and 
     restrict access to their airspace. The U.S. delegation to the 
     United Nations and Ambassador Samantha Power should also 
     encourage senior UN officials and delegations from other 
     countries to publicly refuse to meet with President Bashir or 
     his delegation. Drawing on the precedent set by a similar 
     rejection of former Iranian President Ahmadinejad in 2011, 
     our diplomats could also coordinate a walk-out of the UN 
     General Assembly session in protest of President Bashir's 
     presence.
       Former President Bush paved the way to refer the situation 
     in Darfur to the International Criminal Court, and your 
     administration has increased U.S. cooperation with the Court, 
     including facilitating the recent transfer of Bosco Ntaganda 
     to the Hague. Since the UN Security Council acted under 
     Chapter VII when urging all states to cooperate with the 
     Court in Resolution 1593, and the Court has requested U.S. 
     cooperation with President Bashir's case in 2009, 2010 and 
     most recently on September 18, 2013, we ask that the 
     administration consider the impact that this trip has on our 
     broader commitment to international justice and 
     accountability.
       As Americans concerned by the ongoing atrocities in Sudan, 
     we support your administration's thoughtful response to this 
     unique diplomatic challenge. Along with the Sudanese 
     diaspora, celebrity activists, human rights organizations, 
     and student groups, we will be amplifying these efforts 
     through our own public activism. The U.S. government's 
     continued attention to this issue will be instrumental in 
     finding a holistic solution to the challenges facing the 
     Sudanese people.
           Sincerely,
         George Clooney and Don Cheadle, Not on Our Watch; Mia 
           Farrow, UNICEF Goodwill Ambassador; John Prendergast 
           and Omer Ismail, Enough Project; Tom Andrews, United to 
           End Genocide; Randy Newcomb, Humanity United; Amir 
           Osman, Sudan Democracy First Group; Ted Dagne; Bahar 
           Arabie, Unite for Darfur; Jimmy Mulla, Voices for 
           Sudan; Ruth Messinger, American Jewish World Service; 
           Gabriel Stauring, iActivism; Eric Reeves, Smith 
           College; Raymond M. Brown, International Justice 
           Project; Faith McDonnell, Institute on Religion and 
           Democracy; Michael Lieb Jeser, Jewish World Watch; 
           Rabbi David Kaufman, Help Nuba; Eric Cohen, Act for 
           Sudan; Esther Sprague, Sudan Unlimited; Sharon Silber, 
           Jews Against Genocide; Eileen Weiss, New York Coalition 
           for Sudan; Kimberly Hollingsworth, Humanity Is Us; 
           Hannah Finnie, STAND.

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