I

103D CONGRESS

2D SESSION H. R. 4891

Concerning United States efforts to promote respect for internationally

recognized human rights in China.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1994

Mr. HAMILTON (for himself, Mr. ACKERMAN, Mr. FALEOMAVAEGA, Mr. MARTINEZ, Mr. DEUTSCH, Mr. GIBBONS, Mr. MATSUI, Mr. KOLBE, Mr.

DREIER, Mr. LIGHTFOOT, Mr. ROEMER, Ms. HARMAN, Mr. BACCHUS of

Florida, and Mr. ORTON) introduced the following bill; which was referred to the Committee on Foreign Affairs

A BILL

Concerning United States efforts to promote respect for

internationally recognized human rights in China.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘United States China

5 Policy Act of 1994’’.

6 SEC. 2. FINDINGS.

7 The Congress makes the following findings:

8 (1) The economic, social, political, and cultural

9 welfare of the people of China, who constitute one-
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1 fifth of the world’s population, is a matter of global

2 humanitarian concern.

3 (2) By virtue of its size, its economic vitality,

4 its status as a nuclear power, and its role as a per5 manent member of the United Nations Security

6 Council, China plays a significant role in world af7 fairs.

8 (3) The United States policy toward China in9 volves balancing multiple interests, including pro10 moting human rights and democracy, securing Chi11 na’s strategic cooperation in Asia and the United

12 Nations, protecting United States national security

13 interests, controlling the proliferation of weapons of

14 mass destruction, promoting a peaceful and demo15 cratic transition in Hong Kong, and expanding

16 United States economic contact with China.

17 (4) United States policy toward China must in18 clude as a key objective the promotion of inter19 nationally recognized human rights. Specific prior20 ities and methods should be appropriate to the cir21 cumstances. Engagement with China rather than its

22 isolation is more likely to foster United States inter23 ests.

24 (5) The opening of China to the West, the

25 adoption of free market economic reforms, the emer-
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1 gence of a strong and entrepreneurial economy that

2 ensures the rise of a Chinese middle class; all have

3 led to expanded individual freedom, a weakening of

4 state control over personal expression, access to the

5 media in the United States, Hong Kong, and the

6 West, and major improvements in living standards

7 for the Chinese people.

8 (6) United States policies that encourage eco9 nomic liberalization and increased contact with the

10 United States and other democracies foster respect

11 for internationally recognized human rights and can

12 contribute to civil and political reform in China.

13 (7) The President’s policy statement of May 26,

14 1994, provides a sound framework for expanding

15 and extending the relationship of the United States

16 with China while continuing the commitment of the

17 United States to its historic values. The United

18 States must develop a comprehensive and coherent

19 policy toward China that addresses the complex and

20 fast-changing reality in that country and promotes

21 simultaneously the human rights, diplomatic, eco22 nomic, and security interests of the United States

23 toward China.

24 (8) The United States has an interest in a

25 strong, stable, prosperous, and open China whose
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1 government contributes to international peace and

2 security and whose actions are consistent with the

3 responsibilities of great power status. Whether those

4 expectations are met will determine the breadth,

5 depth, and tone of the United States-China bilateral

6 relationship.

7 (9) Peace and economic progress in East Asia

8 is best assured through a web of cooperative rela9 tions among the countries of the region, including

10 China and the United States. The emergence of a

11 militarily powerful China that seeks to dominate

12 East Asia would be regarded as a matter of serious

13 concern by the United States and by other countries

14 in the Asia-Pacific region.

15 (10) Yet China’s performance has been uneven

16 on a number of issues of concern to the United

17 States. In particular, the Chinese Government has

18 failed to observe internationally recognized human

19 rights. In this regard the Congress makes the follow20 ing declarations:

21 (A) The Chinese Government itself has

22 made commitments to observe universal human

23 rights norms.
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1 (B) Human rights have universal applica2 tion and are not solely defined by culture or

3 history.

4 (C) Chinese policies of particular concern

5 to the United States are the criminalization of

6 dissent, the inhumane treatment in prisons, and

7 the serious repression in non-Han-Chinese

8 areas like Tibet.

9 (11) Genuine political stability in China and

10 greater respect for internationally recognized human

11 rights, as well as continued economic growth and

12 stability, will only occur in China as a result of a

13 strengthened legal system (based on the rule of law

14 and property rights), the emergence of a civil soci15 ety, and the creation of political institutions that are

16 responsive to public opinion and the interests of so17 cial groups.

18 (12) China has entered a major transition in its

19 political history which will determine the nature of

20 the domestic system, including respect for inter21 nationally recognized human rights, and the Chinese

22 Government’s foreign policy. The Chinese Govern23 ment should accelerate the process of reform of all

24 aspects of Chinese society.
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1 (13) Existing official bilateral and multilateral

2 institutions provide useful venues for engagement

3 with China concerning the rule of law, civil society,

4 respect for internationally recognized human rights,

5 and political institutions that provide humane and

6 effective governance.

7 (14) American nongovernmental and business

8 organizations, in their various forms of engagement

9 in China, have contributed in that country to the ini10 tial emergence of civil society, the strengthening of

11 the legal system, and the expansion of economic au12 tonomy.

13 SEC. 3. RECOMMENDATIONS FOR IMPLEMENTATION OF

14 UNITED STATES POLICY.

15 Congress affirms the President’s policy and makes

16 the following recommendations for the conduct of United

17 States policy toward China:

18 (1) The United States should continue a steady

19 and comprehensive policy of pressing for increased

20 Chinese adherence to international norms, especially

21 those concerning internationally recognized human

22 rights.

23 (2) Of particular concern to the United States

24 are the following:
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1 (A) The accounting and release of political

2 prisoners.

3 (B) Access to Chinese prisoners by inter4 national humanitarian organizations.

5 (C) Negotiations between the Chinese Gov6 ernment and the Dalai Lama on Tibetan issues.

7 (3) The official dialogue with the Chinese Gov8 ernment on human rights issues should continue and

9 be intensified.

10 (4) As he considers appropriate, the President

11 should use other available modes of official inter12 action with China to pursue initiatives that are rel13 evant to promoting increased respect for human

14 rights in China.

15 (5) The United States should expand broadcast16 ing to China, through the Voice of America and

17 Radio Free Asia.

18 (6) The United States should work through

19 available multilateral fora, such as the United Na20 tions Human Rights Commission, to express con21 cerns about human rights in China and to encourage

22 Chinese adherence to, and compliance with, inter23 national human rights instruments. At all appro24 priate times, the United States should work toward

25 and support joint actions to address significant
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1 problems. In particular, the United States should

2 seek to secure the participation of other govern3 ments in overtures to secure the accounting and re4 lease of political prisoners, to encourage access to

5 Chinese prisoners by international humanitarian or6 ganizations and negotiations between the Chinese

7 Government and the Dalai Lama.

8 (7) Where possible, the United States should

9 take further steps to foster in China the rule of law,

10 the creation of a civic society, and the emergence of

11 institutions that provide humane and effective gov12 ernance.

13 (8) To better carry out the recommendation in

14 paragraph (7), the Secretary of State should encour15 age United States posts in China to increase report16 ing on the human rights situation, the rule of law,

17 civil society, and other political developments in

18 China, and to increase appropriate contacts with do19 mestic nongovernmental organizations.

20 (9) United States non-governmental organiza21 tions should continue and expand activities that en22 courage the rule of law, the emergence of a civic so23 ciety, and the creation of institutions that provide

24 humane and effective governance.
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1 (10) When considering the termination of the

2 suspensions of United States Government activities

3 enacted in section 902(a) of the Foreign Relations

4 Authorization Act, Fiscal Years 1990 and 1991, the

5 President should explore whether such terminations

6 could be used to elicit specific steps by the Chinese

7 government to enhance respect for internationally

8 recognized human rights or correct abuses of such

9 rights.

10 SEC. 4. UNITED STATES GOVERNMENT PROGRAMS SUP11 PORTING HUMAN RIGHTS IN CHINA.

12 (a) STATEMENT OF POLICY.—Concerning the pro13 motion of human rights in China, it shall be the policy

14 of the United States to promote the following objectives:

15 (1) An effective legal system, based on the rule

16 of law.

17 (2) Respect for internationally recognized

18 human rights.

19 (3) The emergence of civil society.

20 (4) The creation of institutions that provide hu21 mane and effective governance.

22 (b) FACTORS.—In determining how to carry out the

23 objectives stated in subsection (a), the President should

24 consider the following factors:
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1 (1) The circumstances under which it is appro2 priate to provide support to organizations and indi3 viduals in China.

4 (2) The circumstances under which it is appro5 priate to provide financial support, including

6 through the following means:

7 (A) Directly by the United States Govern8 ment.

9 (B) Through United States nongovern10 mental organizations which have established a

11 sound record in China.

12 (3) The extent to which the objectives of sub13 section (a) should be promoted through exchanges,

14 technical assistance, grants to organizations, and

15 scholarships for advanced study in the United

16 States.

17 (4) How to assure accountability for funds pro18 vided by the United States Government.

19 (c) AUTHORIZATION OF APPROPRIATIONS FOR FIS20 CAL YEAR 1995.—

21 (1) Of the amounts authorized to be appro22 priated for education and cultural exchange pro23 grams of the United States Information Agency for

24 fiscal year 1995, up to $1,000,000 is authorized to
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1 be available for programs to carry out the objectives

2 of subsection (a).

3 (2) In addition to such amounts as may other4 wise be made available for broadcasting to China for

5 fiscal year 1995, of the amounts authorized to be

6 appropriated for international broadcasting for fiscal

7 year 1995, an additional $5,000,000 may be used

8 for broadcasting to China.

9 SEC. 5. INTERNATIONAL HUMANITARIAN ORGANIZATIONS.

10 It is the sense of Congress that, in the event that

11 international humanitarian organizations undertake ac12 tivities in China related to the treatment of prisoners, the

13 President should make available an additional contribution

14 to those organizations to support such activities.

15 SEC. 6. PRINCIPLES TO GOVERN THE ACTIVITIES OF

16 UNITED STATES BUSINESS IN CHINA.

17 (a) IN GENERAL.—Congress endorses President Clin18 ton’s efforts to work with the leaders of the United States

19 business community to develop voluntary principles that

20 could be adapted by United States companies doing busi21 ness in China to further advance human rights and com22 mends United States companies that have previously

23 adopted such principles or are considering taking such ac24 tion.
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1 (b) OTHER COUNTRIES.—Congress urges the Presi2 dent to encourage other governments to adopt similar

3 principles to govern the activities of their business organi4 zations with activities in China.

5 SEC. 7. PERIODIC REPORTS.

6 Not more than 180 days after the date of the enact7 ment of this Act and annually for the 2 subsequent years,

8 the President shall submit to the Speaker of the House

9 of Representatives and the Chairman of the Committee

10 on Foreign Relations of the Senate, a report (in a classi11 fied form in whole or in part as necessary) which reviews

12 for the preceding 12-month period those activities sup13 ported by the United States Government to promote the

14 objectives stated in section 4(a).

15 SEC. 8. COMMISSION ON LAW AND SOCIETY IN CHINA.

16 The President is authorized to establish a United

17 States commission on law and society in the People’s Re18 public of China to undertake the following responsibilities

19 and such other duties as the President considers appro20 priate:

21 (1) To monitor developments in China with re22 spect to the following:

23 (A) The development of the Chinese legal

24 system.

25 (B) The emergence of civil society.
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1 (C) The development of institutions that

2 provide humane and effective governance.

3 (2) To engage in an ad hoc dialogue with Chi4 nese individuals and nongovernmental organizations

5 who have an interest in the subjects indicated in

6 paragraph (1).

7 (3) To report to the President and to the Con8 gress the commission’s findings regarding the sub9 jects identified in paragraph (1) and its discussions

10 with Chinese individuals and organizations concern11 ing those subjects.

12 (4) To make recommendations to the President

13 on United States policy toward China in promoting

14 the objectives identified in section 4(a).

15 (5) To assess and report to the President and

16 the Congress on whether the creation of a United

17 States-China Commission on Law and Society would

18 contribute to the objectives identified in section 4(a).

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