[House Report 107-40]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     107-40

======================================================================







 
EXPRESSING THE SENSE OF CONGRESS THAT THE 2008 OLYMPIC GAMES SHOULD NOT 
  BE HELD IN BEIJING UNLESS THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF 
  CHINA RELEASES ALL POLITICAL PRISONERS, RATIFIES THE INTERNATIONAL 
  COVENANT ON CIVIL AND POLITICAL RIGHTS, AND OBSERVES INTERNATIONALLY 
  RECOGNIZED HUMAN RIGHTS

                                _______
                                

   April 4, 2001.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

Mr. Hyde, from the Committee on International Relations, submitted the 
                               following

                              R E P O R T

                     [To accompany H. Con. Res. 73]

               [Including cost estimate of the Committee]

    The Committee on International Relations, to whom was 
referred the concurrent resolution (H. Con. Res. 73) expressing 
the sense of Congress that the 2008 Olympic Games should not be 
held in Beijing unless the Government of the People's Republic 
of China releases all political prisoners, ratifies the 
International Covenant on Civil and Political Rights, and 
observes internationally recognized human rights, having 
considered the same, reports favorably thereon with amendments 
and recommends that the concurrent resolution as amended be 
agreed to.

                           TABLE OF CONTENTS

                                                                  

                                                                 Page
The Amendment..............................................           2
Background and Purpose.....................................           3
Committee Consideration....................................           5
Votes of the Committee.....................................           5
Committee Oversight Findings...............................           6
New Budget Authority and Tax Expenditures..................           6
Committee Cost Estimate....................................           6
Performance Goals and Objectives...........................           6
Constitutional Authority Statement.........................           6
Section-by-Section Analysis and Discussion.................           6
New Advisory Committees....................................           9
Congressional Accountability Act...........................           9
Federal Mandates...........................................           9
Changes in Existing Law Made by the Resolution, as Reported           9

                             The Amendment

    The amendments are as follows:
    Strike all after the resolving clause and insert the 
following:

That the Congress--
            (1) acknowledges and supports the January 16, 2001, open 
        letter released by Chinese dissidents and the families of 
        imprisoned Chinese political prisoners stating that the release 
        of China's political prisoners would improve Beijing's stature 
        in its bid to host the 2008 Olympic Games;
            (2) expresses the view that, consistent with its stated 
        principles, the International Olympic Committee should not 
        award the 2008 Olympics to Beijing unless the Government of the 
        People's Republic of China releases all of China's political 
        prisoners, ratifies the International Covenant on Civil and 
        Political Rights without major reservations, fully implements 
        the International Covenant on Economic, Social and Cultural 
        Rights, and observes internationally recognized human rights;
            (3) calls for the creation of an international Beijing 
        Olympic Games Human Rights Campaign in the event that Beijing 
        receives the Olympics to focus international pressure on the 
        Government of the People's Republic of China to grant a general 
        amnesty for all political prisoners prior to the commencement 
        of the 2008 Olympics as well as to ratify the International 
        Covenant on Civil and Political Rights;
            (4) calls on the Secretary of State to endorse publicly the 
        creation of the Beijing Olympic Games Human Rights Campaign in 
        the event that Beijing receives the Olympics, and to utilize 
        all necessary diplomatic resources to encourage other nations 
        to endorse and support the campaign as well, focusing 
        particular attention on member states of the European Union and 
        the Association of Southeast Asian Nations (ASEAN), Japan, 
        Canada, Australia, the Nordic countries, and all other 
        countries engaged in human rights dialogue with China;
            (5) requests that the President, during his expected 
        participation in the Asia-Pacific Economic Cooperation (APEC) 
        Leaders Summit in Shanghai in October 2001, call for the 
        release of all Chinese political prisoners and Chinese 
        ratification of the International Covenant on Civil and 
        Political Rights;
            (6) recommends that the Congressional-Executive Commission 
        on the People's Republic of China, established under title III 
        of the U.S.-China Relations Act of 2000 (Public Law 106-286), 
        devote significant resources to monitoring any violations of 
        the rights of political dissidents and political prisoners, or 
        other increased abuses of internationally recognized human 
        rights, in the preparation to the 2008 Olympic Games and during 
        the Olympic Games themselves; and
            (7) directs the Clerk of the House of Representatives to 
        transmit a copy of this resolution to the senior International 
        Olympic Committee representative in the United States with the 
        request that it be circulated to all members of the Committee.

    Amend the preamble to read as follows:

Whereas the International Olympic Committee is in the process of 
determining the venue of the Olympic Games in the year 2008 and is 
scheduled to make that decision at the IOC meeting scheduled for Moscow in 
July 2001;

Whereas the city of Beijing has made a proposal to the International 
Olympic Committee that the summer Olympic Games in the year 2008 be held in 
Beijing;

Whereas the Olympic Charter states that Olympism and the Olympic ideal seek 
to foster ``respect for universal fundamental ethical principles'';

Whereas the United Nations General Assembly Resolution 48/11 (October 25, 
1993) recognized ``that the Olympic goal of the Olympic Movement is to 
build a peaceful and better world by educating the youth of the world 
through sport, practiced without discrimination of any kind and the Olympic 
spirit, which requires mutual understanding, promoted by friendship, 
solidarity and fair play'';

Whereas United National General Assembly Resolution 50/13 (November 7, 
1995) stressed ``the importance of the principles of the Olympic charter, 
according to which any form of discrimination with regard to a country or a 
person on grounds of race, religion, politics, sex or otherwise is 
incompatible with the Olympic Movement'';

Whereas the Department of State's Country Reports on Human Rights Practices 
for 2000 reports the following:

            (1) ``The [Chinese] government continued to commit 
        widespread and well-documented human rights abuses, in 
        violation of internationally accepted norms.''.
            (2) ``Abuses included instances of extrajudicial killings, 
        the use of torture, forced confessions, arbitrary arrest and 
        detention, the mistreatment of prisoners, lengthy incommunicado 
        detention, and denial of due process.''.
            (3) ``The Government infringed on citizens' privacy 
        rights.''.
            (4) ``The Government maintained tight restrictions on 
        freedom of speech and of the press, and increased its efforts 
        to control the Internet; self-censorship by journalists 
        continued.''.
            (5) ``The Government severely restricted freedom of 
        assembly and continued to restrict freedom of association.''.
            (6) ``The Government continued to restrict freedom of 
        religion and intensified controls on some unregistered 
        churches.''.
            (7) ``During the year, there were numerous credible reports 
        of abuse of Falun Gong practitioners by the police and other 
        security personnel, including police involvement in beatings, 
        detention under extremely harsh conditions, and torture 
        (including by electric shock and by having hands and feet 
        shackled and linked with crossed steel chains).''.
            (8) ``The Government continued to restrict freedom of 
        movement.''.
            (9) ``The Government does not permit independent domestic 
        nongovernmental organizations (NGOs) to monitor publicly human 
        rights conditions.''.
            (10) ``[The Government has not stopped] violence against 
        women (including coercive family planning practices--which 
        sometimes include forced abortion and forced sterilization).''.
            (11) ``The Government continued to restrict tightly worker 
        rights, and forced labor in prison facilities remains a serious 
        problem. Child labor exists and appears to be a growing problem 
        in rural areas as adult workers leave for better employment 
        opportunities in urban areas.''.
            (12) ``Some minority groups, particularly Tibetan Buddhists 
        and Muslim Uighurs, came under increasing pressure as the 
        Government clamped down on dissent and `separatist' 
        activities.'';

Whereas the egregious human rights abuses committed by the Government of 
the People's Republic of China are inconsistent with the Olympic ideal;

Whereas 119 Chinese dissidents and relatives of imprisoned political 
prisoners, from 22 provinces and cities, issued an open letter on January 
16, 2001, signed at enormous political risk which expresses the ``grief and 
indignation for each of China's political prisoners and their families'', 
asks the Chinese Government to release all of China's political prisoners, 
and asserts that the release of China's political prisoners will improve 
``Beijing's stature in its bid for the 2008 Olympics''; and

Whereas, although the Government of the People's Republic of China signed 
the International Covenant on Civil and Political Rights in 1998, but has 
failed to ratify the treaty, and has indicated that it will not fully 
implement the recently ratified International Covenant on Economic, Social 
and Cultural Rights: Now, therefore, be it

                         Background and Purpose

    H. Con. Res. 73 was introduced on March 21, 2001 by Mr. 
Lantos (for himself, Mr. Cox, and 50 other original co-
sponsors). The resolution expresses the sense of Congress that 
the 2008 Olympic Games should not be held in Beijing unless the 
Government of the People's Republic of China releases all 
political prisoners, ratifies the International Covenant on 
Civil and Political Rights, and observes internationally 
recognized human rights. It relates facts and statements that 
indicate that Beijing currently is bidding to host the 2008 
Olympic Games and that the Chinese Government continues 
systematically to violate internationally recognized human 
rights. The resolution acknowledges and supports a recent open 
letter from Chinese dissidents and the families of Chinese 
political prisoners, and expresses the view that the 
International Olympic Committee should not award the 2008 
Olympic Games to Beijing unless the Government of the People's 
Republic of China releases all political prisoners, ratifies 
the International Covenant on Civil and Political Rights, and 
observes internationally recognized human rights. It also calls 
for the creation of an international Beijing Olympic Games 
Human Rights Campaign in the event that Beijing receives the 
Olympics, calls on the Secretary of State to endorse publicly 
the creation of the Campaign and to utilize all resources to 
encourage other nations to support the Campaign, and requests 
that the President, when he participates in the October 2001 
APEC meeting, call for the release of all Chinese political 
prisoners, and Chinese ratification of the International 
Covenant on Civil and Political Rights. The resolution also 
recommends that the Congressional-Executive Commission on the 
People's Republic of China devote significant resources to 
monitoring any violations of the rights of political dissidents 
and political prisoners in preparation for the 2008 Olympic 
Games, and directs the Clerk of the House to transmit a copy of 
H. Con. Res. 73 to the senior International Olympic Committee 
(IOC) representative in the United States with the request that 
it be circulated to all members of the Committee.

            BEIJING'S BID FOR THE OLYMPICS AND HUMAN RIGHTS

    International Olympic Committee officials currently are 
considering China's bid for the 2008 summer games and will make 
a decision at the IOC meeting scheduled for Moscow in July 
2001. The resolution approved by the Committee clearly states 
that: Congress believes that the IOC should not grant China the 
privilege of hosting the Olympics; its repressive regime does 
not deserve the international legitimacy this honor bestows; 
and China's poor human rights record violates the spirit of the 
games and should disqualify Beijing from consideration.
    The Olympics are first and foremost about sports--athletes 
from around the world uniting in their love of the game and 
their commitment to free and fair competition. But human rights 
are also central to the Olympic ideal. The Olympic charter 
makes clear that ``Olympism'' includes ``respect for universal 
fundamental ethical principles.'' Given China's poor human 
rights record, it is unworthy to host the Olympics.
    According to the State Department's annual Country Reports 
on Human Rights Practices, the Chinese government's record 
``worsened'' over the past year as it committed ``numerous 
serious abuses'', from raiding home churches, to jailing 
internet entrepreneurs, to silencing democratic activists. Mary 
Robinson, High Commissioner for UN Human Rights, recently 
castigated China for its forced ``re-education'' labor camps 
for political dissidents. In particular, the regime's crackdown 
on the Falun Gong spiritual movement is well-known, including 
recent reports of forceable imprisonment in psychiatric 
hospitals. Eager to win international approval, Chinese 
officials argue that the human rights situation in their 
country is improving. The State Department's report proves just 
the opposite is true.
    During the 1930's, Olympic officials faced a similar 
decision. Should they overlook Nazi Germany's human rights 
abuses and grant the resurgent economic power its bid for the 
1936 games? Regrettably they did so, and this decision turned 
out to be a grave mistake. Jesse Owens' heroics 
notwithstanding, the Berlin Olympics served to strengthen 
Hitler's standing with the German people, providing him with a 
freer hand to crack down on internal political dissent. The 
rest is a chapter of history we dare not forget.
    In 1993, Beijing was bidding to host the 2000 Olympic 
Games. In response to China's terrible human rights record, 
Congress overwhelmingly approved a resolution opposing 
Beijing's bid. Through this resolution, Congress sent a clear 
signal to the International Olympic Committee, which ultimately 
selected Sydney over Beijing. The 2000 Games in Sydney were an 
enormous success, in no small part due to the free and open 
environment in which they were held.
    The Committee looks forward to the day when the Olympics 
will be held in Beijing. China is one of the world's great 
civilizations, rich in history and culture. Its people are 
among the most dynamic; its athletes among the most talented. 
But, regrettably, its government is among the most tyrannical. 
Denying China the Olympics would affirm the principle of right 
over might. China should earn the games not because of its size 
or economic strength, but by virtue of its commitment to human 
rights and to upholding the Olympic ideal.

                            COMMITTEE ACTION

    On March 7, 2001, the Subcommittee on International 
Operations and Human Rights conducted a hearing on the State 
Department's Country Reports on Human Rights Practices for the 
Calendar Year 2000, including testimony regarding human rights 
conditions in the People's Republic of China.
    H. Con. Res. 73 was introduced by Representative Lantos on 
March 21, 2001, along with 51 cosponsors, and was referred by 
the Speaker to the Committee on International Relations.
    On March 28, 2001, the International Relations Committee 
marked up H. Con. Res. 73, pursuant to notice, in open session.
    The Committee adopted, by a rollcall vote of 32-1, an 
amendment offered by Mr. Lantos which added a clause to the 
preamble calling attention to the abuse of members of the 
spiritual organization Falun Gong by the Chinese government.
    Subsequently, a quorum being present, the Committee agreed, 
by a rollcall vote of 27 ayes and 8 noes, to a motion offered 
by the Chairman to favorably report the resolution, as amended, 
in the form of an amendment in the nature of a substitute, to 
the House of Representatives.

                        Committee Consideration

    On March 28, 2001 the Committee met in open session and 
ordered favorably reported the resolution H. Con. Res. 73 with 
an amendment in the nature of a substitute by a rollcall vote 
of 27 to 8, a quorum being present.

                         Votes of the Committee

    1. Mr. Lantos offered an amendment which added a clause to 
the preamble calling attention to the abuse of the Falun Gong. 
The amendment was agreed to by a rollcall vote of 32 ayes to 1 
no.
    Voting yes: Gilman, Leach, Smith (NJ), Ros-Lehtinen, 
Ballenger, Rohrabacher, Royce, Houghton, Cooksey, Tancredo, 
Smith (MI), Issa, Cantor, Flake, Davis (VA), Lantos, Ackerman, 
Menendez, Brown (OH), Hastings,Sherman, Wexler, Davis (FL), 
Engel, Meeks, Lee, Crowley, Hoeffel, Blumenauer, Berkley, 
Schiff, and Hyde.
    Voting no: Paul.
    2. H. Con. Res. 73 was ordered favorably reported to the 
House, as amended, by a rollcall vote of 27 ayes to 8 noes.
    Voting yes: Gilman, Smith (NJ), Ros-Lehtinen, Ballenger, 
Rohrabacher, Royce, King, Cooksey, Tancredo, Issa,Cantor, Davis 
(VA), Lantos, Ackerman, Menendez, Brown (OH), Sherman, Wexler, 
Engel, Meeks, Lee, Crowley, Hoeffel, Blumenauer, Berkley, 
Schiff, and Hyde.
    Voting no: Leach, Houghton, Paul, Smith (MI), Flake, Kerns, 
Hastings, and Davis (FL).

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House Rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

                        Committee Cost Estimate

    The Committee believes that the resolution will have no 
cost for the current fiscal year, and that there would be no 
cost incurred in carrying out H. Con. Res. 73 for the next five 
fiscal years.

                    Performance Goals and Objectives

    The committee believes that the language in the preamble 
and the text of the resolution, if enacted, would meet the 
goals and objectives of the resolution.

                   Constitutional Authority Statement

    The Committee finds the authority for this legislation in 
Article I, section 8, clause 18 of the Constitution.

               Section-by-Section Analysis and Discussion

    The title of the resolution is ``Expressing the sense of 
Congress that the 2008 Olympic Games should not be held in 
Beijing unless the Government of the People's Republic of China 
releases all political prisoners, ratifies the International 
Covenant on Civil and Political Rights, and observes 
internationally recognized human rights.''
    The first preambular clause provides that the International 
Olympic Committee is in the process of determining the venue of 
the Olympic Games in the year 2008 and is scheduled to make 
that decision at the IOC meeting scheduled for Moscow in July 
2001.
    The second preambular clause provides that the city of 
Beijing has made a proposal to the International Olympic 
Committee that the summer Olympic Games in the year 2008 be 
held in Beijing.
    The third preambular clause provides that the Olympic 
Charter states that Olympism and the Olympic ideal seek to 
foster ``respect for universal fundamental ethical 
principles.''
    The fourth preambular clause provides that the United 
Nations General Assembly Resolution 48/11 (October 25, 1993) 
recognized ``that the Olympic goal of the Olympic Movement is 
to build a peaceful and better world by educating the youth of 
the world through sport, practiced without discrimination of 
any kind and the Olympic spirit, which requires mutual 
understanding, promoted by friendship, solidarity and fair 
play.''
    The fifth preambular clause provides that United National 
General Assembly Resolution 50/13 (November 7, 1995) stressed 
``the importance of the principles of the Olympic charter, 
according to which any form of discrimination with regard to a 
country or a person on grounds of race, religion, politics, sex 
or otherwise is incompatible with the Olympic Movement.''
    The sixth preambular clause cites certain quotes from the 
Department of State's Country Reports on Human Rights Practices 
for 2000:
    (1) ``The [Chinese] government continued to commit 
widespread and well-documented human rights abuses, in 
violation of internationally accepted norms.''.
    (2) ``Abuses included instances of extrajudicial killings, 
the use of torture, forced confessions, arbitrary arrest and 
detention, the mistreatment of prisoners, lengthy incommunicado 
detention, and denial of due process.''.
    (3) ``The Government infringed on citizens' privacy 
rights.''.
    (4) ``The Government maintained tight restrictions on 
freedom of speech and of the press, and increased its efforts 
to control the Internet; self-censorship by journalists 
continued.''.
    (5) ``The Government severely restricted freedom of 
assembly and continued to restrict freedom of association.''.
    (6) ``The Government continued to restrict freedom of 
religion and intensified controls on some unregistered 
churches.''.
    (7) ``During the year, there were numerous credible reports 
of abuse of Falun Gong practitioners by the police and other 
security personnel, including police involvement in beatings, 
detention under extremely harsh conditions, and torture 
(including by electric shock and by having hands and feet 
shackled and linked with crossed steel chains).''.
    (8) ``The Government continued to restrict freedom of 
movement.''.
    (9) ``The Government does not permit independent domestic 
nongovernmental organizations (NGOs) to monitor publicly human 
rights conditions.''.
    (10) ``[The Government has not stopped] violence against 
women (including coercive family planning practices--which 
sometimes include forced abortion and forced sterilization).''.
    (11) ``The Government continued to restrict tightly worker 
rights, and forced labor in prison facilities remains a serious 
problem. Child labor exists and appears to be a growing problem 
in rural areas as adult workers leave for better employment 
opportunities in urban areas.''.
    (12) ``Some minority groups, particularly Tibetan Buddhists 
and Muslim Uighurs, came under increasing pressure as the 
Government clamped down on dissent and `separatist' 
activities.''.
    The seventh preambular clause provides that the egregious 
human rights abuses committed by the Government of the People's 
Republic of China are inconsistent with the Olympic ideal.
    The eighth preambular clause provides that 119 Chinese 
dissidents and relatives of imprisoned political prisoners, 
from 22 provinces and cities, issued an open letter on January 
16, 2001, signed at enormous political risk which expresses the 
``grief and indignation for each of China's political prisoners 
and their families'', asks the Chinese government to release 
all of China's political prisoners, and asserts that the 
release of China's political prisoners will improve ``Beijing's 
stature in its bid for the 2008 Olympics.''
    The ninth preambular clause explains that the Government of 
the People's Republic of China signed the International 
Covenant on Civil and Political Rights in 1998, but has failed 
to ratify the treaty, and has indicated that it will not fully 
implement the recently ratified International Covenant on 
Economic, Social and Cultural Rights.
    The resolved clause provides that the House of 
Representatives, with the Senate concurring,
    (1) acknowledges and supports the January 16, 2001, open 
letter released by Chinese dissidents and the families of 
imprisoned Chinese political prisoners stating that the release 
of China's political prisoners would improve Beijing's stature 
in its bid to host the 2008 Olympic Games;
    (2) expresses the view that, consistent with its stated 
principles, the International Olympic Committee should not 
award the 2008 Olympics to Beijing unless the Government of the 
People's Republic of China releases all of China's political 
prisoners, ratifies the International Covenant on Civil and 
Political Rights without major reservations, fully implements 
the International Covenant on Economic, Social and Cultural 
Rights, and observes internationally recognized human rights;
    (3) calls for the creation of an international Beijing 
Olympic Games Human Rights Campaign, in the event that Beijing 
receives the Olympics, to focus international pressure on the 
Government of the People's Republic of China to grant a general 
amnesty for all political prisoners prior to the commencement 
of the 2008 Olympics as well as to ratify the International 
Covenant on Civil and Political Rights;
    (4) calls on the Secretary of State to endorse publicly the 
creation of the Beijing Olympic Games Human Rights Campaign, in 
the event that Beijing receives the Olympics, and to utilize 
all necessary diplomatic resources to encourage other nations 
to endorse and support the campaign as well, focusing 
particular attention on member states of the European Union and 
the Association of Southeast Asian Nations (ASEAN), Japan, 
Canada, Australia, the Nordic countries, and all other 
countries engaged in human rights dialogue with China;
    (5) requests that the President, during his expected 
participation in the Asia-Pacific Economic Cooperation (APEC) 
Leaders Summit in Shanghai in October 2001, call for the 
release of all Chinese political prisoners, and Chinese 
ratification of the International Covenant on Civil and 
Political Rights;
    (6) recommends that the Congressional-Executive Commission 
on the People's Republic of China, established under title III 
of the U.S.-China Relations Act of 2000 (Public Law 106-286), 
devote significant resources to monitoring any violations of 
the rights of political dissidents and political prisoners, or 
other increased abuses of internationally recognized human 
rights, in the preparation of the 2008 Olympic Games, and 
during the Olympic Games themselves; and
    (7) directs the Clerk of the House of Representatives to 
transmit a copy of this resolution to the senior International 
Olympic Committee representative in the United States with the 
request that it be circulated to all members of the Committee.

                        New Advisory Committees

    H. Con. Res. 73 does not establish or authorize any new 
advisory committees.

                    Congressional Accountability Act

    H. Con. Res. 73 does not apply to the legislative branch.

                            Federal Mandates

    H. Con. Res 73 provides no Federal mandates.

      Changes in Existing Law Made by the Resolution, as Reported

    H. Con. Res. 73 makes no changes in existing law.

                                  
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