U.S. GOVERNMENT PRINTING OFFICE

68–289 CC WASHINGTON : 2000

H.R. 4528; H. CON. RES. 328; H. CON. RES.

257; S. CON. RES. 81; AND H. CON. RES. 348

MARKUP

BEFORE THE

SUBCOMMITTEE ON

INTERNATIONAL OPERATIONS AND HUMAN RIGHTS

OF THE

COMMITTEE ON

INTERNATIONAL RELATIONS

HOUSE OF REPRESENTATIVES

ONE HUNDRED SIXTH CONGRESS

SECOND SESSION

JUNE 28, 2000

Serial No. 106–172

Printed for the use of the Committee on International Relations

(

Available via the World Wide Web: http://www.house.gov/international—relations

(II)

COMMITTEE ON INTERNATIONAL RELATIONS

BENJAMIN A. GILMAN, New York, Chairman

WILLIAM F. GOODLING, Pennsylvania

JAMES A. LEACH, Iowa

HENRY J. HYDE, Illinois

DOUG BEREUTER, Nebraska

CHRISTOPHER H. SMITH, New Jersey

DAN BURTON, Indiana

ELTON GALLEGLY, California

ILEANA ROS-LEHTINEN, Florida

CASS BALLENGER, North Carolina

DANA ROHRABACHER, California

DONALD A. MANZULLO, Illinois

EDWARD R. ROYCE, California

PETER T. KING, New York

STEVE CHABOT, Ohio

MARSHALL ‘‘MARK’’ SANFORD, South

Carolina

MATT SALMON, Arizona

AMO HOUGHTON, New York

TOM CAMPBELL, California

JOHN M. MCHUGH, New York

KEVIN BRADY, Texas

RICHARD BURR, North Carolina

PAUL E. GILLMOR, Ohio

GEORGE P. RADANOVICH, California

JOHN COOKSEY, Louisiana

THOMAS G. TANCREDO, Colorado

SAM GEJDENSON, Connecticut

TOM LANTOS, California

HOWARD L. BERMAN, California

GARY L. ACKERMAN, New York

ENI F.H. FALEOMAVAEGA, American

Samoa

MATTHEW G. MARTINEZ, California

DONALD M. PAYNE, New Jersey

ROBERT MENENDEZ, New Jersey

SHERROD BROWN, Ohio

CYNTHIA A. MCKINNEY, Georgia

ALCEE L. HASTINGS, Florida

PAT DANNER, Missouri

EARL F. HILLIARD, Alabama

BRAD SHERMAN, California

ROBERT WEXLER, Florida

STEVEN R. ROTHMAN, New Jersey

JIM DAVIS, Florida

EARL POMEROY, North Dakota

WILLIAM D. DELAHUNT, Massachusetts

GREGORY W. MEEKS, New York

BARBARA LEE, California

JOSEPH CROWLEY, New York

JOSEPH M. HOEFFEL, Pennsylvania

RICHARD J. GARON, Chief of Staff

KATHLEEN BERTELSEN MOAZED, Democratic Chief of Staff

SUBCOMMITTEE ON INTERNATIONAL OPERATIONS AND HUMAN RIGHTS

CHRISTOPHER H. SMITH, New Jersey, Chairman

WILLIAM F. GOODLING, Pennsylvania

HENRY J. HYDE, Illinois

DAN BURTON, Indiana

CASS BALLENGER, North Carolina

PETER T. KING, New York

MATT SALMON, Arizona

THOMAS G. TANCREDO, Colorado

CYNTHIA A. MCKINNEY, Georgia

ENI F.H. FALEOMAVAEGA, American

Samoa

EARL F. HILLIARD, Alabama

BRAD SHERMAN, California

WILLIAM D. DELAHUNT, Massachusetts

GREGORY W. MEEKS, New York

GROVER JOSEPH REES, Subcommittee Staff Director

DOUGLAS C. ANDERSON, Counsel

PETER HICKEY, Democratic Staff Director

MARTA PINCHEIRA, Staff Associate

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C O N T E N T S

Page

Markup of H.R. 4528, The International Academic Opportunity Act of 2000 .... 1

Markup of H. Con. Res. 328, expressing the sense of the Congress in recognition of the 10th anniversary of the free and fair elections in Burma and

the urgent need to improve the democratic and human rights of the people

of Burma ............................................................................................................... 3

Markup of H. Con. Res. 257, concerning the emancipation of the Iranian

Baha’i community ................................................................................................ 5

S. Con. Res. 81, expressing the sense of Congress that the Government

of the People’s Republic of China should immediately release Rabiya

Kadeer, he secretary, and her son, and permit them to move to the United

States if they so desire ........................................................................................ 6

Markup of H. Con. Res. 348, expressing the condemnation of the use of

children as soldiers and expressing the belief the United States should

support and, where possible, lead efforts to end this abuse of human rights . 8

APPENDIX

Text of H.R. 4528 ..................................................................................................... 10

Amendment offered by Representative Smith ............................................... 14

Text of H. Con. Res. 328 ......................................................................................... 15

Amendment offered by Representative Smith ............................................... 20

Text of H. Con. Res. 257 ......................................................................................... 21

Amendment offered by Representative Smith ............................................... 27

Text of S. Con. Res. 81 ............................................................................................ 28

Text of H. Con. Res. 348 ......................................................................................... 32

Amendment offered by Representative Smith ............................................... 37

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H.R. 4528; H. CON. RES. 328; H. CON. RES. 257;

S. CON. RES. 81; AND H. CON. RES. 348

WEDNESDAY, JUNE 28, 2000

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON INTERNATIONAL

OPERATIONS AND HUMAN RIGHTS,

COMMITTEE ON INTERNATIONAL RELATIONS,

Washington, DC.

The Subcommittee met, pursuant to notice, at 10:45 a.m., in

room 2172, Rayburn House Office Building, Hon. Christopher H.

Smith (Chairman of the Subcommittee) presiding.

Mr. SMITH. The Subcommittee on International Operations and

Human Rights will come to order. We meet in open session today,

pursuant to notice, to mark up several legislative items. We will

first now consider H.R. 4528, the International Academic Opportunity Act. The Chair lays the bill before the table and the Subcommittee. The clerk will report the title of the bill.

[The bill appears in the appendix.]

CONSIDERATION OF H.R. 4528

Mr. REES. H.R. 4528, to establish an undergraduate grant program of the Department of State to assist students of limited financial means from the United States to pursue studies at foreign institutions of higher education.

Mr. SMITH. Without objection, the first reading of the bill is dispensed with. The clerk will read the bill for amendment.

Mr. REES. A bill to establish an undergraduate——

Mr. SMITH. Without objection, the bill is considered as having

been read and is open for amendment at any time, and I do have

an amendment at the desk and I would ask that it be distributed.

Mr. REES. I think it has been distributed.

[The amendment appears in the appendix.]

Mr. SMITH. Would you read the amendment?

Mr. REES. The amendment is as follows, page 2 after line 17 insert the following, Grants under this Act shall be known as the

Benjamin A. Gilman International Scholarships.

Mr. SMITH. Let me just make a few opening comments about the

bill itself and the amendment.

H.R. 4528, the International Academic Opportunity Act of 2000,

was introduced last month by the distinguished Chairman of the

full Committee, Ben Gilman, and his Democratic colleague from

New York, Representative Hinchey. The bill would establish a

grant program to help American undergraduate students of limited

2

financial means to study abroad and authorizes $1.5 million per

year for that purpose.

It also requires that Congress be provided with an annual report

on the number of participating students and institutions at which

they study.

The intent of the bill is to provide the study abroad programs

that exist at many colleges and universities with funds that will

allow them to reach out to students that might not otherwise consider such study because of the additional travel and living expenses it requires. By providing for a single year grants of up to

$5,000 per student, this bill will help students who have demonstrated financial need to avail themselves of this valuable educational experience.

By living and studying in a new culture and country, these students will be better equipped to participate in world affairs and in

our increasingly global economy. Furthermore, by broadening participation in U.S. public diplomacy efforts, this new program will

give the communities to which our students travel a richer, more

diverse experience of American culture.

Let me just say in terms of the amendment, it would be named

after our distinguished Chairman, Ben Gilman, and I have to note

having served in Congress for 20 years and having known Ben for

each of those 20 years, having been on this Committee for those

years, there is nobody who is more worthy of this kind of honor and

this is just a token of the kind of respect that I and my colleagues

feel for our distinguished gentleman from New York, Ben Gilman,

Chairman of our Committee.

I will be happy to yield to my friend.

Mr. GILMAN. Thank you, Chairman Smith, for your kind remarks

and for going out of your way to entitle this program, the Gilman

International Scholarship Program, something we have been deeply

committed to, and I want to thank your Committee, Chairman

Smith, for taking this up at an early date.

This measure seeks to give our lower-income college students opportunities, through grants, to study overseas for a 2-year period.

Our future depends on an experienced world and to have the kind

of experience that our students would gather from this kind of a

program. The bill provides underprivileged youngsters with grants

for study abroad. The program opens study abroad to all college

students.

We have found that exchange programs have been extremely

helpful to help in career planning for those who are interested in

international affairs, and also give young students an opportunity

to learn about other cultures.

I have had an exchange program that I developed many years

ago with South Korea, where we send over our internships every

summer for a 3-week period. This will be the 18th year for that

program. We have found it to be extremely helpful to young students who are interested in learning about Asian culture and politics.

So I want to commend our Subcommittee Chairman, Mr. Smith,

who has always had an interest not only in exchanges, but in

human rights and so many other important aspects of religious

3

freedom, for taking this measure up at an early date; and I yield

back the balance of my time.

Mr. SMITH. I thank my good friend and thank you for your very

kind comments. The question is on the amendment. Those in favor

say ‘‘aye.’’ Those opposed, ‘‘no.’’ The ayes have it and the amendment is agreed to. I move that the Subcommittee report the bill

H.R. 4528, as amended, favorably to the full Committee.

Without objection, the motion is agreed to.

And I thank you again, Mr. Gilman, for your participation.

We will now consider H. Con. Res. 328, expressing the sense of

Congress relative to the urgent need to improve the democratic and

human rights of the people of Burma. The Chair lays the resolution

before the Subcommittee. The clerk will report the title of the resolution.

[The resolution appears in the appendix.]

CONSIDERATION OF H. CON. RES. 328

Mr. REES. H. Con. Res. 328, expressing the sense of the Congress

in recognition of the 10th anniversary of the free and fair elections

in Burma and the urgent need to improve the democratic and

human rights of the people of Burma.

Mr. SMITH. Without objection, the clerk will read the preamble

and operative language of the resolution for amendment.

Mr. REES. Concurrent resolution expressing the sense of the Congress in recognition of the 10th anniversary of the free and fair

elections in Burma and the urgent need to improve the democratic

and human rights of the people of Burma.

Mr. SMITH. Without objection, the resolution is considered as

having been read and is open for amendment at any point.

This resolution was introduced on May 16th and was referred by

the Chairman to this Subcommittee. I would like to make a couple

of points about it.

Just over 10 years ago, in the spring of 1990, the people of

Burma courageously embraced democracy. In the face of intimidation by the Burmese military, they turned out in record numbers

to participate in free and fair elections. In those elections, the National League for Democracy, led by Aung San Suu Kyi, won more

than 60 percent of the popular vote and 80 percent of the seats in

parliament. The Burmese military responded by rejecting the election results, imprisoning hundreds of NLD members, including

Aung San Suu Kyi, and severely curtailing the civil liberties of the

Burmese people.

Since that time, the ruling thugs who currently call themselves

the State Peace and Development Council, formerly they were

known as the SLORC, have inflicted massive human rights violations and economic privations on the people of Burma. More than

1,300 political prisoners, including the woman elected to lead

Burma, Aung San Suu Kyi—still suffer at the hands of their government captors. The Burmese regime routinely uses forced labor,

and it continues to wage a brutal war against ethnic minorities

within in its borders.

In August 1998, I travelled to that region in an effort to secure

the release of one my constituents, Michelle Keegan, who had been

seized by the Burmese authorities for passing out cards that statVerDate 11-MAY-2000 16:34 Jan 04, 2001 Jkt 000000 PO 00000 Frm 00007 Fmt 6633 Sfmt 6633 68289.TXT HINTREL1 PsN: HINTREL1
4

ed, ‘‘We have not forgotten you; we support your hopes for human

rights and democracy.’’

The SLORC repeatedly refused my request for a visa to enter

Burma, so I had to negotiate her release from Bangkok, Thailand.

After 5 days of detention, Michelle and 17 other foreign activists

were expelled from Burma, but not until they had been sentenced

to 5-years imprisonment for sedition.

I am proud that the State Department authorization bill that I

introduced in this Congress—and it was signed by the President

last fall—retains a provision that helps ensure that the United Nations Development Program does not enrich the Burmese military

regime. It reduces U.S. contributions to U.N.D.P. By the amount

that the program spends in Burma, unless U.N.D.P.’s activities in

Burma one, are focused on eliminating human suffering; two, are

carried out only through private voluntary organizations that are

independent of the regime; three, do not benefit the regime; and

four, are carried out only after consultation with the leadership of

the National League for Democracy and the leadership of the national coalition government of the Union of Burma.

The resolution before us today, H. Con. Res. 328, commemorates

the 1990 elections, describes accurately the situation in Burma and

expresses the sense of Congress that the United States should

strongly support the restoration of democracy in that country. It

urges the military regime in Burma to guarantee basic freedoms

for Burmese citizens, to undertake political dialogue with the National League for Democracy and ethnic leaders, and to immediately release all political prisoners, and to fulfill the conditions of

international human rights instruments.

It also recognizes the current sanctions in place against the Government of Burma as appropriate means of pursuing democracy

and civil liberties for the people of Burma and vindicating the

United States security interests.

I will bring a brief amendment momentarily after—I think Mr.

Gilman might have something to say on this—that incorporates

some technical suggestions made by the State Department, and it

enumerates in greater detail the international human rights covenants that we expect the Burmese regime to respect in its treatment of the people of Burma.

I do have an amendment at the desk, and I would ask that the

clerk would read it.

[The amendment appears in the appendix.]

Mr. REES. Amendment to H. Con. Res. 328, offered by Mr. Smith

of New Jersey: In the 11th clause of the preamble——

Mr. SMITH. Without objection, the amendment is considered as

read; and I just want to note that it does contain technical enhancements to the bill. They were recommended to us by the State

Department and by others. The question is on the amendment. All

those in favor, say ‘‘aye.’’ Those opposed, ‘‘no.’’ The ayes have it and

the amendment is agreed to.

I move that the resolution be reported favorably, as amended, to

the full Committee on International Relations. Without objection,

the motion is agreed to.

5

Since we do have a vote pending and we have two additional resolutions, the Subcommittee will take a very brief pause and then

return in about 10 or 20 minutes.

[Recess.]

Mr. SMITH. The Subcommittee will resume its sitting.

Without objection, H. Con. Res. 328, as amended, will be reported to the full Committee and will be reported favorably.

We now meet to mark up H. Con. Res. 257 relating to the emancipation of the Iranian Baha’i community. The Chair lays the resolution before the Subcommittee. The clerk will report the title of

the resolution.

[The resolution appears in the appendix.]

CONSIDERATION OF H. CON. RES. 257

Mr. REES. H. Con. Res. 257, concerning the emancipation of the

Iranian Baha’i community.

Mr. SMITH. Without objection, the clerk will read the preamble

and the operative language of the resolution for amendment.

Mr. REES. Concurrent resolution concerning the emancipation of

the Iranian Baha’i community. Whereas—— Mr. SMITH. Without objection, the resolution is considered as

having been read and is open for amendment at any point.

The resolution was introduced on February 29, 2000, and referred by the Chairman of the full Committee to this Subcommittee; and I would like to yield to my good friend Ms. McKinney if she has any comments on the resolution.

Ms. MCKINNEY. Mr. Chairman, I don’t have any comments on

the resolution.

Mr. SMITH. And I do have an amendment that I would ask be

considered by the Subcommittee.

[The amendment appears in the appendix.]

Mr. REES. The amendment to H. Con. Res. 257, offered by Mr.

Smith of New Jersey. In the preamble, strike the fifth clause and

insert the following.

Mr. SMITH. Without objection, the amendment is considered as

having been read.

During the past year, according to the State Department, the religious minorities in Iran, particularly the Baha’i, continue to suffer

repression by conservative elements of the judiciary and the security establishment. Adherents of the Baha’i faith continue to face

arbitrary arrest and detention. The Government of Iran appears to

adhere to a practice of keeping a small number of Baha’i in detention at any given time.

Furthermore, several Baha’i remain on death row in Iran, having

been convicted of apostasy, or actions against God, for practicing

their faith. Such trials are carried out in the same manner as is

reserved for threats to national security and reflect the view that

the Baha’i faith is an espionage organization.

Baha’i are denied entry into the state-controlled university system, and the Government of Iran has raided hundreds of homes in

an effort to disrupt the alternative educational system constructed

by the Baha’i community.

In sum, according to the State Department, followers of Baha’i

faith effectively enjoy no legal rights in Iran. H. Con. Res. 257 inVerDate 11-MAY-2000 16:34 Jan 04, 2001 Jkt 000000 PO 00000 Frm 00009 Fmt 6633 Sfmt 6633 68289.TXT HINTREL1 PsN: HINTREL1
6

troduced by my friend and colleague Mr. Porter of Illinois details

and condemns the serious persecution suffered by the Baha’i community at the hands of the Iranian authorities. It urges the Government of Iran to respect basic human rights in its treatment of

the Baha’i community, and it calls on the President of the United

States to make the human rights practices of the Government of

Iran a significant factor in the development of the bilateral relationship between our two countries.

The minor amendment that I am offering today to the original

language updates the number of Baha’i who are currently on death

row, makes it accurate, and it also adds references to the specific

international human rights agreements that Iran should live up to

in its treatment of the Iranian Baha’i community.

Does the gentlelady have something she would like to say about

the amendment?

The question is on the amendment. Those in favor, say ‘‘aye.’’ Those opposed? The ayes have it and the amendment is agreed to.

Are there any other amendments or any other comments that

Members of the Committee would like to make?

The Chairman recognizes the gentlelady from Georgia for a motion.

Ms. MCKINNEY. I move that the Subcommittee report the resolution, as amended, favorably to the full Committee.

Mr. SMITH. Without objection, the motion is agreed to and the

resolution will be reported favorably to the full Committee.

The next resolution that we will take up this morning is S. Con.

Res. 81, related to prisoners of the People’s Republic of China. The

Chair lays the resolution before the Subcommittee. The clerk will

report the title of the resolution.

[The resolution appears in the appendix.]

CONSIDERATION OF S. CON. RES. 81

Mr. REES. S. Con. Res. 81, concurrent resolution, expressing the

sense of the Congress that the Government of the People’s Republic

of China should immediately release Rabiya Kadeer, her secretary,

and her son, and permit them to move to the United States if they

so desire.

Mr. SMITH. Without objection, the clerk will read the preamble

and the operative language of the resolution.

Mr. REES. Whereas Rabiya Kadeer, a prominent ethnic Uighur

from the Xinjiang Uighur autonomous region of the People’s Republic of China, her Secretary and her son were arrested on August

11, 1999——

Mr. SMITH. Without objection, the resolution is considered as

having been made read and is open to amendment at any point.

This resolution was introduced on May 3, referred by the Chairman of the full Committee to our Subcommittee. And I would like

to make a very short comment on this, and then unfortunately, we

do have another vote on the floor of the House.

S. Con. Res. 81, already passed by the Senate last month, expresses the sense of Congress that the People’s Republic of China

should immediately release Rabiya Kadeer, her son and her Secretary, and should allow them to move to the United States if they

so desire.

7

Ms. Kadeer, a prominent Uighur Muslim businesswoman in the

Xinjiang province of China, was detained by Chinese security authorities along with her son and her secretary in August of last

year. She was on her way to meet a visiting congressional staff delegation. She was held incommunicado for months, and in March of

this year was sentenced to 8 years in prison for, ‘‘illegally giving

state information across the border.’’ Her crime was sending local

newspaper clippings to her husband in the United States.

Ms. Kadeer’s husband, Sadik Haji, a Uighur political activist,

has been granted asylum in the United States and has participated

in Radio Free Asia broadcasts into the PRC.

Ms. Kadeer’s imprisonment is the latest and most serious attempt by the Beijing regime to silence her husband by persecuting

the family members who still reside in the People’s Republic of

China. The Chinese Government prevented Ms. Kadeer from leaving China by confiscating her passport many months beforehand.

On March 2 of this year, her daughter, Reyila Abdureyim, appeared before our Subcommittee, providing compelling testimony

about the plight of her mother and about the PRC’s brutal repression of the Uighur Muslim population in Xinjiang autonomous region.

The latest State Department country report on the human rights

practices in China also confirms that crackdown and describes the

police killings and summary executions of the Uighurs and tight restrictions on Muslim religious practice. We actually saw a video of

the kind of mischief that the security forces visit upon the Uighurs,

and it was outrageous.

I do hope that the Subcommittee will report this to the Committee favorably; and again, I would like to yield to my friend from

Georgia if she has any comments.

Ms. MCKINNEY. No comment.

Is it proper for a motion?

Mr. SMITH. It is proper for a motion.

Ms. MCKINNEY. OK.

Mr. Chairman, I move that the Subcommittee do report favorably

S. Con. Res. 81 to the full Committee.

Mr. SMITH. The motion has been made.

Without objection, the motion is agreed to, and I move that the

Subcommittee Staff Director be allowed to make technical, conforming, and grammatical amendments to the measure and prepare a substitute reflecting the Subcommittee’s action as a single

amendment. Without objection, that is so ordered.

Again, we have 6 minutes to make our way over to the floor. I

say to my friends, we do have one final resolution which we will

get to as soon as we reconvene momentarily.

Ms. MCKINNEY. Why don’t we just go ahead and do it? Can we

do it?

Mr. SMITH. OK.

Ms. MCKINNEY. The Chairman doesn’t seem to operate under

pressure.

Mr. SMITH. I am fine under pressure, just not good under time.

H. Con. Res. 348, relating to child soldiers, and the clerk will report the resolution.

[The resolution appears in the appendix.]

8

CONSIDERATION OF H. CON. RES. 348

Mr. REES. H. Con. Res. 348, expressing condemnation of the use

of children as soldiers and expressing the belief that the United

States should support and, where possible, lead efforts to end this

abuse of human rights.

Mr. SMITH. Without objection, the clerk will read the preamble

and operative language of the resolution for amendment.

[The amendment appears in the appendix.]

Mr. REES. Concurrent resolution expressing condemnation of the

use of children as soldiers and expressing the belief that the United

States should support and, where possible, lead efforts to end this

abuse of human rights.

Mr. SMITH. Without objection, the resolution is considered as

having been read. This resolution was introduced on June 7 and referred by the Chairman of the full Committee, Mr. Gilman, to this

Subcommittee.

Are there any Members who would like to comment on this?

Ms. MCKINNEY. Go ahead and read it.

Mr. SMITH. Please do.

Ms. MCKINNEY. Mr. Chairman, I would like to make the motion.

I would like to move that the Subcommittee do favorably report H.

Con. Res. 348 to the full Committee.

Mr. SMITH. Without objection, the motion is agreed to. And again

without objection, the Staff Director may make those technical and

conforming and grammatical amendments to the measure, including the amendment that has been distributed to the Subcommittee

Members.

The markup is concluded.

[Whereupon, at 11:20 a.m., the Subcommittee was adjourned.]

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A P P E N D I X

JUNE 28, 2000

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