U.S. GOVERNMENT PRINTING OFFICE

69–867 DTP WASHINGTON : 2001

H. CON. RES. 395, H. RES. 398, S. 1453, AND

H. RES. 577

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

SEPTEMBER 21, 2000

Serial No. 106–189

Printed for the use of the Committee on International Relations

(

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

For sale by the Superintendent of Documents, U.S. Government Printing Office

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Mail: Stop SSOP, Washington, DC 20402–0001

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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

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

[VACANCY]

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

THOMAS G. TANCREDO, Colorado

DAN BURTON, Indiana

CASS BALLENGER, North Carolina

PETER T. KING, New York

MATT SALMON, Arizona

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

JEFFREY A. PILCH, Democratic Professional Staff Member

DOUGLAS C. ANDERSON, Counsel

MARTA PINCHEIRA, Staff Associate

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C O N T E N T S

Page

Markup of H. Con. Res. 395, Expressing the sense of the Congress condemning the September 6, 2000, militia attack on United Nations refugee

workers in West Timor and calling for an end to militia violence in East

and West Timor .................................................................................................... 1

Markup of H. Res. 398, calling upon the President to provide for appropriate

training and materials to all Foreign Service officers, United States Department of State officials, and any other executive branch employee involved

in responding to issues related to human rights, ethnic cleansing, and

genocide, and for other purposes ........................................................................ 3

Markup of S. 1453, a bill to facilitate famine relief efforts and a comprehensive solution to the war in Sudan ....................................................................... 10

Markup of H. Res. 577, to honor the United Nations High Commissioner

for Refugees (UNHCR) for its role as a protector of the world’s refugees,

to celebrate UNHCR’s 50th anniversary, and to praise the High Commissioner Sadako Ogata for her work with UNHCR for the past 10 years. ......... 13

APPENDIX

Text of H. Con. Res. 395 ......................................................................................... 17

Text of H. Res. 398 .................................................................................................. 23

Text of S. 1453 ......................................................................................................... 34

Amendment offered by Hon. Christopher H. Smith .......................................... 51

Text of H. Res. 577 .................................................................................................. 56

Amendment offered by Hon. Christopher H. Smith .......................................... 59

Additional material submitted for the record:

Statement of Hon. Joseph Crowley on H. Con. Res. 395 ...................................... 62

State of Hon. Joseph Crowley on H. Res. 398 ....................................................... 64

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H. CON. RES. 395, H. RES. 398, S. 1453, AND H.

RES. 577

THURSDAY, SEPTEMBER 21, 2000

HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON INTERNATIONAL

OPERATIONS AND HUMAN RIGHTS, COMMITTEE ON INTERNATIONAL RELATIONS, Washington, DC.

The Subcommittee met, pursuant to call, at 10:36 a.m. in Room

2200, Rayburn House Office Building, Hon. Christopher H. Smith

[Chairman of the Subcommittee] presiding.

Mr. SMITH. The Subcommittee meets pursuant to notice to take

up a number of resolutions, and we will begin with H. Con. Res.

395 and then proceed to the Armenian resolution and then to the

remainder of the business.

The Chair lays the resolution, H. Con. Res. 395, before the Committee. The Clerk will report the title of the resolution.

CONSIDERATION OF H. CON. RES. 395

Mr. REES. H. Con. Res. 395, Expressing the sense of the Congress condemning the September 6, 2000, militia attack on United

Nations refugee workers in West Timor and calling for an end to

militia violence in East and West Timor.

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 condemning the September 6, 2000, militia attack on United

Nations refugee workers in West Timor and calling for an end to

militia violence in East and West Timor.

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

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

The Chair recognizes himself for just a very brief opening comment and any comments of my Subcommittee colleagues, and then

we will go to a vote.

I am very proud to be the principal sponsor of H. Con. Res. 395

relating to the recent killings in Indonesia and the U.S./Indonesia

military to military relationship. Over 2 years ago, just before the

fall of the corrupt and dictatorial Suharto regime, this Subcommittee held a hearing on human rights in Indonesia.

Our witnesses at that hearing were Indonesian human rights advocates who testified first that powerful elements of the Indonesian

military were engaging in torture, extrajudicial executions and

other atrocities against human rights defenders in East Timor,

West Papua and Aceh, as well as throughout Indonesia.

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Second, they were unanimous in their view that the close relationship between the United States and Indonesian militaries, instead of improving the human rights situation, had empowered and

emboldened murderers and torturers. We actually heard from one

of those witnesses who had been tortured, Pius Lustrilanang, who

gave us riveting testimony about what he had endured at the

hands of his torturers.

Subsequent to that, my Staff Director, Joseph Rees, and I went

over and met with Habibie and many others, including military

people, raised issues of human rights, and, while we had some

hope, many of those hopes have been dashed in recent days.

Much has changed in Indonesia in the last 2 years, however. The

government of President Wahid and Vice-President Megawati is

doing its best to bring Indonesia once and for all into the community of democratic nations. East Timor has been given its independence.

Unfortunately, the Indonesian military still has not gotten the

message. Instead of accepting civilian control of the military, powerful elements in the military are actively trying to destabilize the

government. They are also continuing to train, arm, and support

the militias that have terrorized East Timor’s refugees in the

camps in West Timor, attacked and killed U.N. peacekeepers in

border skirmishes, and have now killed three unarmed civilian

UNHCR refugee protection workers.

This resolution makes clear that the United States Government

should continue to support the civilian government of Indonesia,

but it should not resume any relationship at all with the military

until the military stops trying to destabilize the government, stops

giving aid and comfort to the murderous militias, and allows the

murderers and torturers within its ranks to be brought to justice.

Any other policy would send exactly the wrong message to the

perpetrators, as well as to the victims, and I do urge my colleagues

to support this resolution.

I would like to recognize my friend and colleague, Ms. McKinney,

the Ranking Member of our Subcommittee, for any comments she

might have.

Ms. MCKINNEY. Mr. Chairman, I would just say that I support

this resolution.

Mr. SMITH. Are there any other Members who would like to be

heard on this resolution?

If not, then the gentleman from Arizona is recognized to make

a motion to move the resolution to the Full Committee.

Mr. SALMON. Thank you, Mr. Chairman.

I move that the Subcommittee report the resolution favorably to

the Full Committee.

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

be favorably to the Committee. I thank the gentleman for moving

the resolution.

We now will take up H. Res. 398, and the Chair lays the resolution before the Committee. The Clerk will report the title of the

resolution.

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CONSIDERATION OF H. RES. 398

Mr. REES. H. Res. 398, Calling upon the President to provide for

appropriate training and materials to all Foreign Service officers,

United States Department of State officials and any other executive branch employee involved in responding to issues related to

human rights, ethnic cleansing and genocide and for other purposes.

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

and operative language of the resolution for amendment.

Mr. REES. Resolution calling upon the President to provide for

appropriate training and materials to all Foreign Services officers,

United States Department of State officials and any other executive branch employee involved in responding to issues related to

human rights, ethnic cleansing and genocide and for other purposes.

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

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

At this point, I would like to make a few opening comments and

will yield to any Member of the Subcommittee who would like to

make any comments and perhaps offer any amendments to the resolution.

The Subcommittee again meets this morning to consider H. Res.

398. It urges the President to start calling the Armenian genocide

by its rightful name. It also calls on the Secretary of State to ensure that U.S. diplomats and other officials are familiarized with

the facts about the Armenian genocide.

In 1915, there were about 2,000,000 Armenians living in what

was then the Ottoman Empire, in a region that they had inhabited

for 2,500 years. By 1923, well over 90 percent of these Armenians

had disappeared. Most of them, as many as 1,500,000, were dead.

The remainder had been forced into exile.

The United States Ambassador to Turkey at the time, Ambassador Henry Morgenthau, accused the government of the empire of

a ‘‘campaign of race extermination.’’ The British, French and Russian Governments accused the Young Turk Government of ‘‘a crime

against humanity.’’ Even the government of the Republic of Turkey, the successor state to the Ottoman Empire, tried and convicted a number of high ranking Young Turk officials for what the

Turkish Government then called ‘‘the massacre and destruction of

the Armenians.’’

When the term genocide was invented in 1944, its author, Raphael Lemkin, illustrated the term by saying it was ‘‘The sort of thing

Hitler did to the Jews and the Turks did to the Armenians.’’ Unfortunately, memories seem to have faded. The government of the Republic of Turkey, and some of its apologists in the U.S., now deny

that the Armenian genocide ever happened.

They do not deny that people died by the hundreds and thousands, but they fall back on the standard arguments used to defend

the indefensible. They say it happened during wartime, that the

Armenians were being deported because many of them were in

sympathy with the enemies of the empire, and that the atrocities

were random acts committed by civilians and by soldiers acting

without authorization.

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These apologists dismiss contrary statements by representatives

of the U.S., France, and England by saying that these officials were

biased against the Ottoman Empire, but this dismissal ignores

similar statements by Ambassadors of Germany and Italy who

were allied with the empire in the first world war.

Even among those in this country who do not deny the basic

facts of the Armenian genocide, there often seems to be a conspiracy of silence. Whenever the issue threatens to surface in the

House or Senate in Congress, we are firmly reminded by executive

branch officials that Turkey is a NATO ally and has assisted us in

pursuing important strategic objectives in the Middle East and

elsewhere.

Germany is also an important ally, and these same officials

would never dream of denying or ignoring the Holocaust. Friends

do not let friends commit crimes against humanity, or refuse to

come to terms with such crimes once they have happened.

Furthermore, H. Res. 398 is not even directed at the Republic of

Turkey per se, and it does not call on the United States to urge

present day Turkey to do anything.

United States foreign policy must be realistic, and it must be

flexible, but it also must not be complicit in a conspiracy of silence

about genocide. This resolution is an important step toward ending

that silence and deserves to pass because at its core it simply reaffirms that the United States foreign policy should begin by telling

the truth.

I would like to thank Congressman Radanovich, Congressman

Bonior, and Mr. Rogan for their efforts in introducing this bill, and

I strongly urge my Subcommittee colleagues to support it.

I would like to yield to Ms. McKinney for any opening comments

she might have.

Ms. MCKINNEY. Thank you, Mr. Chairman.

I would just like to pass a word of warning to those lobbyists who

would come here and give us disinformation, misinformation or

outright lies. They forever shatter their credibility, at least with

this representative.

I have been shocked, outraged and appalled at the things that

have been said to me about this resolution. Outrageous things have

been said, suggesting that the Armenian genocide never happened

or that since Turks were killed too it should not be called a genocide.

In this place, I have vowed to never cast a vote that I regret. I

have done that once, and I say I will never do it again. I, quite

frankly, do not think this resolution goes far enough, but this is the

resolution that we have before us today and so I will proudly cast

my aye vote in support of this resolution.

Mr. SMITH. Thank you, gentlelady.

Would any other Member of the Subcommittee—the gentleman

from Indiana, Mr. Burton?

Mr. BURTON. Well, I have a prepared statement, which I will

read in just a minute, but let me just say that this issue—I have

been here 18 years, and I have been involved in this debate I do

not know how many times. I have gone to the Floor with historical

texts that talk about a genocide, and at the same time I had an

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equal or larger number of texts that had opposition views. There

is no consistency in the views of all the things that happened.

Now, last week we saw some pictures of people who died during

this period. It was heart wrenching, gut wrenching, and there is no

question that some human rights violations were violated, but the

whole story needs to be told. Three million Turks died during that

period of time, and there were many so-called genocide or human

rights violations on the other side as well.

Now let me read my statement, and then I want to elaborate just

a little bit further, Mr. Chairman. I hope you will bear with me.

I am going to try to be brief because I know everybody has to be

someplace else.

Members last week heard testimony that established, in my

view, beyond a doubt that reasonable people can disagree on this

subject. We talked about other genocides that took place like with

the American Indians and what is going on in the Sudan with the

Christians, what is going on in Kashmir and Punjab at the hands

of the Indian Government, what is going on between the Hutus and

the Tutsis in Africa. I mean, there is a whole host of them that

have been going on, and none of them are mentioned.

I have an amendment in the nature of a substitute, but I am not

going to bring it up today. I may bring it up at some point later

in the process. For now let it be known that House Resolution 398

is seriously flawed. It is narrow, and it is one-sided; narrow because it puts forward only one example of man’s inhumanity to

man, and one-sided because it does not even get that example, in

my opinion, straight.

The resolution is also unnecessary. The Director General of the

Foreign Service appeared before the Subcommittee last week and

testified that the training called for in the resolution is already

being given to the relevant personnel who serve in Turkey and Armenia.

Finally, Mr. Chairman, let the record show that this resolution

is dangerous. It is even more dangerous today than it was a week

ago. Since we last met, Saddam Hussein has pushed the level of

tension in the Persian Gulf to a level approaching that of the summer of 1990 when we had to go over there with 550,000 people and

fight a war.

The press was reporting last weekend that there have been Iraqi

incursions of Kuwaiti air space. Saddam has escalated the rhetoric

using the same justification to invade Kuwait that he used in 1990,

and military forces, our forces over there, are on heightened alert.

I will tell you one thing for sure. If Saddam has an October surprise for the American people, the importance of Turkey as an ally

and a strategic partner will once again be self-evident to everyone,

and we may rue the day that we passed this resolution.

Let me just say we have bases in Turkey that we are enforcing

the no fly zone right now. We have hundreds of troops in Turkey

that are working as support troops to make sure that we enforce

the no fly zone. If Turkey were to close down our bases over there

and not allow us to use the no fly zone and have our troops leave

for some reason, then I want to tell you it would be a green light

for Saddam Hussein. We would have to put more aircraft carriers

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over there and prepare, and I do not think we are ready to do that

again.

You know, back in 1990, the first foreign leader President Bush

spoke to after Saddam Hussein invaded Kuwait was Margaret

Thatcher. The second one he spoke to was Turgut Ozal, the president of Turkey. We could not have waged the Desert Shield and

Desert Storm War without Turkey. They were an integral part of

that, and we are not going to contain Saddam today without Turkey.

Let me just end up by saying this. They have been a NATO ally

with us for a long, long time. They have been with us in every conflict I can think of. They have always been an ally. They have

stuck with us through thick and thin.

We are going back 85 years, and there are historical differences

of opinion on this whole issue. We are going to go back 85 years,

and if we pass this resolution we are going to kick a very strong

ally that is very necessary for our purposes because we get about

50 percent of our oil from that part of the world. We are going to

kick them right where it hurts, and we are supposed to expect

them to just say oh, that is okay.

I do not think you are going to get that result. We have all been

lobbied on this, as has been mentioned by the gentlelady a few

minutes ago. Some do not like it. Some do not agree with some of

the things that have been said, but the one thing the lobbying has

done is shown that Turkey is very, very upset and concerned about

this, and they are a big ally.

To do this right now in the last 2 weeks of this session or last

3 weeks I think is a great mistake, and it could come back to haunt

us.

I yield my time.

Mr. SMITH. Thank you, Mr. Burton.

Mr. Faleomavaega?

Mr. FALEOMAVAEGA. Mr. Chairman, I think whenever we mention the word genocide, to me it is an ugly word in the English language not only as a matter of history what happened to the Armenian people, but I think something that happens to any group of

people or any race or nationality.

Whatever may have happened in that course of history during

the Ottoman Empire, I would be the last Member of this Committee to say that I am an expert on what happened during those

early years of the 1900’s in the Ottoman Empire, what happened

to what then was known as part of the Ottoman Empire.

I do not know if we should place the series of events that occurred in that period of time to the current government, for which

I understand, it is my understanding, when you say Turkish people

does it mean by ethnicity? Does it mean by revision? Does it mean

by culture? Because it is my understanding the Balkans, Armenia

and all those areas—it gets a little too complicated for me as to

who is a Turk and who is not.

It is my understanding for almost some 100 years some

5,000,000 Muslim Turks were killed out of starvation or because of

the tremendous amount of wars that took place in that region of

the world.

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I do not know if this resolution goes far enough, in my humble

opinion, in addressing the needs of the concerns of the Armenian

community here in America, no more than I would suggest to the

genocide if I were to suggest it happened to the Native American

Indians, the genocide against African-Americans, the genocide, if

this is the word that we use so loosely.

When do we put the word genocide? Two hundred and fifty thousand people murdered and tortured? Six million Jews? Twenty-five

million Russians during the Stalin era? Shall we put the onus on

the Russian Government of what Stalin did to some 25,000,000

people who were tortured and murdered at that period of time?

This is the thing that troubles me about the substance of the resolution. If we are going to be putting something on the Armenians,

for which I do not think there is any question in anybody’s mind.

We recognize that. It is my understanding President Clinton every

year makes an official proclamation throughout our nation to recognize this terrible act committed against the Armenian.

No more than I would suggest about the genocide of the Japanese military regime during World War II, the genocide. If we have

a criteria or number here that we are talking about, to then consider something as genocide. If 5,500,000 millions Turks were murdered in a 100 year period because they were Muslims, is that considered a genocide?

Again my limited knowledge of history, but to suggest if it was

just the Armenians who were killed, my understanding is that

some Armenians sided with the Russians, and was the bitter

enemy of the Ottoman Empire where wars were constantly fought

between the Ottoman Empire and the Austrian Empire and the

Russian Empire. There were many empires during that period of

time.

There is no question that the Ottoman Empire died after World

War I, and as of 1923 the Republic of Turkey was founded. I think

if we were to fully examine the substance of the people who now

live in Turkey, they are not all Turks. There are Armenians living

there, too, and people from all different areas in the Balkans. I am

having a problem here with the resolution to that extent, Mr.

Chairman.

If we are going to be addressing a genocide that has occurred toward the Armenians, let us also address the issues that are genocidal—I do not know if there is such a word in the English language. Let us talk about Pol Pot and the 2,000,000 Cambodians

that he murdered and tortured, the piles and mountains of skeletons and skulls that we see so often in the pictures. So if we are

going to be passing this resolution to approve the situation to relate to the sufferings of the Armenian people, let us also do it for

all these other people.

Something also that is happening, Mr. Chairman, that I want to

share. Never once did Turkey, throughout the 40 year period in our

relationship during the height of the Cold War, never once did this

country flinch in its commitment and responsibility in fighting

against Communism, in allowing us to put up our strategic and

military resources to fight Communism, if that was our national

policy during that period of time.

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Never once did I hear Turkey say well, maybe not. France did.

France did. Our own democratic ally supposedly was constantly

giving us a hard time during that 40-year period. Turkey never

once flinched in that responsibility.

I am not trying to put some kind of a defense mechanism with

whatever happened during that time to the Ottoman Empire. My

question is if we are going to go back to the Ottoman Empire, let

us go back to those eras. I have suggested earlier that we should

also consider resolutions in total. Let us review. Let us hold hearings. Let us do something here so that there is a sense of fairness

in what we are doing here.

If we are singling out Armenia and the things that happens, and

God bless them. I am totally for the concept that the genocide that

was committed against Armenia ought to be rectified in some way,

but let us also talk about fairness on other events that transpired

50 years ago or maybe 100 years ago, and this is where my concern

comes in, Mr. Chairman, that the resolution does not go far

enough. I just wanted to note that for the record.

Mr. SMITH. Thank you, Mr. Faleomavaega.

I would like to recognize the gentleman from California, Mr.

Sherman.

Mr. SHERMAN. I would like to address what I think are the two

principal issues brought up by speakers questioning the wisdom of

this resolution.

The first is that this resolution does not describe all the genocides. Just a few miles from here is the Holocaust Museum. Funded in part by this Congress every year, every year this Congress

recognizes the genocides that are memorialized there, most especially the Holocaust.

What happened to the Tutsi people in Africa, what happened to

so many peoples around the world is well taught to our diplomats

and is part of every history course in America, at least at the college level.

This is the one genocide as to which the last element of the genocide is in progress now because the last element of a genocide is

genocide denial; first to kill off people and then to kill off the memory that they were killed.

Hitler tried to kill all the Jews of Europe, and a few misguided

officials of a now defunct empire tried to kill the Armenians of

Eastern Anatolia. We ought to recognize it precisely because so

much effort is being put into denying it.

We will pass other resolutions. Keep in mind the argument that

a resolution is not complete can be used to defeat every resolution

that comes before our Committee and Subcommittee. We are going

to commend Slovakia I believe on the conclusion of democratic elections. What about the elections in Britain or Canada? We are not

going to mention those in that particular resolution. Every resolution we deal with deals with a particular international issue and

does not deal with necessarily similar issues in other parts of the

world.

The second argument is that the exigencies and practicalities of

current American policy in the Middle East should control our behavior; that recognizing a genocide is less important than military

bases. Let us remember that Germany played a critical role in our

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success in the Cold War and in our success in the Gulf War. Bases

on German soil were just as important as those in any other country, and if Germany told us that in order to get along for the future

we should go down to that Holocaust Museum and tear it down

brick by brick, that some future German Government wanted to

deny what the German Government did in the 1930’s and 1940’s,

we would say no, and that no would be deafening.

We cannot deny a genocide in the past because it provides us

with some slight political benefit at the present, some opportunity

to base our planes here or there, because ultimately America’s

power in the world is not based on bases. It is based upon the

image that the United States can be trusted as the world’s only superpower because to a greater extent than any other superpower

that has existed on this planet, we have our decisions grounded in

values, and if we start denying genocides because of current practical considerations then the Holocaust Museum could be torn

down brick by brick if only the political mood in Germany was different.

I would hope that the Turkish Government would join so many

other governments around the world in recognizing that its predecessor governments committed some terrible acts. The first step in

repairing the problems in this area would be for the Turkish Government to acknowledge what our government ought to acknowledge with this resolution, and that is that a genocide occurred. It

occurred. It was perpetrated by people who are no longer alive, by

a government no longer in existence. Let us acknowledge that, and

then let us move on.

Thank you.

Mr. SMITH. Thank you, Mr. Sherman.

The Chairman announced that there is a vote occurring on the

Floor. Mr. Radanovich, who was the prime sponsor of H. Res. 398,

had intended to speak to the Subcommittee and has waived that

in lieu of the fact that some Members have to get on to other Committee assignment work.

Mr. Crowley, too. I had invited him to say a few words, but in

the interest of time we are going to move right to a vote. We would

welcome your statement for the record.

Are there any other Members seeking recognition? If not, the

gentlelady from Georgia is recognized for a motion.

Ms. MCKINNEY. I move that the Subcommittee report the resolution favorably to the Full Committee, Mr. Chairman.

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

The question is on the motion from the gentlelady from Georgia.

All those in favor of the motion say aye.

[Chorus of ayes.]

Mr. SMITH. All those opposed say no.

[Chorus of noes.]

Mr. SMITH. The ayes have it, and the motion is agreed to.

Mr. BURTON. Mr. Chairman, I hope the record will reflect my opposition to the resolution.

Mr. SMITH. Without question.

Without objection, the chief of staff may make technical, conforming and grammatical amendments to the measure and may

10

prepare a substitute reflecting the Committee’s action as a single

amendment.

The Subcommittee will stand in recess for about 10 minutes or

so so Members can make the vote.

[Recess.]

Mr. SMITH. The Committee will resume its hearing on the markup of S. 1453, the Sudan Peace Act.

The Chair lays the bill before the Committee, and the Clerk will

report the title of the bill.

CONSIDERATION OF S. 1453

Mr. REES. S. 1453, An Act to facilitate famine relief efforts and

a comprehensive solution to the war in Sudan.

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

and the operative language.

Mr. REES. Be it enacted by the Senate and House representatives

of the United States of America in Congress assembled, Section 1,

Short Title. This action may be——

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

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

I do have an amendment at the desk. I am going to ask the Clerk

to report the amendment.

Mr. REES. Amendment to S. 1453 offered by Mr. Smith of New

Jersey. Page 10, strike line 14 and all that follows through line 16

on page 11 and insert the following. Section 7,——

Mr. SMITH. Without objection, the objection is considered as having been read.

The Chair recognizes himself for an opening statement and then

yield to my good friend Mr. Payne, a Member of the Full Committee, and a very active Member of this Subcommittee, even

though he is not on it.

The Government of Sudan’s genocidal religious war against the

non-Muslim peoples of southern Sudan have turned the south into,

in the words of one Sudanese priest, ‘‘the hell of the earth.’’ Enslavement, calculated starvation, forced conversion and the aerial

bombardment of civilian targets such as schools, churches, and hospitals are still methods of terror favored by the National Islamic

Front Government.

Unfortunately, Khartoum has also begun generating the revenue

it needs to extend its self-described jihad by developing Sudanese

oil resources.

S. 1453, the Sudan Peace Act, is an important first step toward

addressing the crisis in that war torn region. Among other things,

the bill condemns slavery and other human rights violations perpetrated by the Khartoum regime, expresses support for the IGAD

sponsored peace process, expresses a sense of Congress on several

subjects relating to the improvement of relief services in the south

of Sudan, authorizes an additional $16,000,000 for rehabilitation

assistance to areas of Sudan not controlled by the government in

the north, and requires the President to report to Congress on several aspects of the conflict, as well as options available to the U.S.

for providing non-lethal assistance to members of the National

Democratic Alliance.

11

These are all good things, but the horrors of the Sudan have already claimed more than 2,000,000 lives and demand more than an

expression of concern and new reporting requirements. They require concrete action.

For this reason, I strongly support an amendment that I will be

offering momentarily which reinstates certain sanctions that were

present in both the House and Senate introduced versions of the

bill.

Unless the President can certify that Khartoum has made significant progress toward peace and respect for human rights, the

amendment would impose certain trade and financial sanctions intended to keep the government of Sudan from raising funds in U.S.

capital markets. The robust U.S. economy should not be used to

underwrite an ongoing genocide.

I would like to yield to my good friend Mr. Payne for any comments he might have.

Mr. PAYNE. Thank you very much, Mr. Chairman, and thank you

for allowing me to continually sit in on your Committee. I commend

you for any work that you have done.

I would like to thank you for calling this markup on S. 1453, the

Sudan Peace Act, which replaces Representative J.C. Watts’ bill, of

which I am a co-sponsor. I have been supportive of peace in Sudan,

as you know, for some time now, just as you have.

This amendment will codify those comprehensive sanctions the

Administration placed on Sudan November 4, 1997, and is in line

with what Senator Brownback introduced in the Senate Conference

Committee. The sanctions cover the sale of stocks and other financial instruments that support financial transactions with Sudan.

This has proven very effective with Talisman Energy, Inc., a Canadian firm operating in Sudan whose stocks have plummeted because of public outrage on this issue. Similar leverage was placed

on South Africa during the height of apartheid in the 1980’s and

early 1990’s.

The people of Sudan continue to suffer under the brutal dictatorship of the extremist National Islamic Fund Government. Over the

past decade, an estimated 2,000,000 people have died due to famine

and war related causes. In 1998 alone, an estimated 100,000 people

died because the NIF Government denied United Nations humanitarian much needed food aid to be delivered into the needy parts

of the south.

As we debate this bill, many more people will die due to the National Islamic Fund Government’s deliberate and indiscriminate

bombing of civilian targets, including hospitals and schools.

During my trips there, we were warned that the bombs might

come, and we, as I have mentioned before, watched the chickens

because they could hear the planes, the Antinoffs, old Russian

planes that would be coming. Then the children would run, and

then people would try to go under trees or wherever they can to

be out of sight. The last time they simply bombed a hospital and

a school. In the past several months alone, the Sudan Government

has bombed over a dozen civilian targets, including a hospital run

by the Samaritan Purse in Lee in southern Sudan.

A whole generation of southern Sudanese is dying, Mr. Chairman, while the international community turns a blind eye to the

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suffering of the helpless. An entire generation of children are not

being educated, which in itself is a human travesty. What does it

take to get the attention of the international community to end this

unnecessary suffering of the innocent?

In 1994, the United States and the rest of the world watched

while 1,000,000 were being hacked to death in Rwanda. We could

have done something to save the lives, but we did not. We can

make a difference in Sudan if we act now.

Mr. Chairman, I am tired of simply talking about the number of

people being maimed, killed, enslaved and forcibly displaced in

Sudan, for it has gotten us nowhere. I am also weary of making

false promises to the people of southern Sudan that their suffering

will come to an end, their children will be emancipated from slavery, and the bombs will cease to fall from the sky.

I am sickened and saddened to see an innocent child blown to

pieces in school while the international community watches with

indifference. I am pleading with you and the people of the world

and the United States and our Congress and our Administration to

do the right thing. Let us help bring an end to the suffering of the

helpless.

Mr. Chairman, the least we can do is to assist those protecting

the defenseless citizens. The least we can do is to provide funds for

non-lethal assistance, such as medicine, vehicles, field hospitals

and communications equipment, including a radio transmitter to

counter the NIF propaganda.

The NIF Government is using its newfound oil revenues to buy

arms to destroy the opposition. We should not allow the extremists

to win. We must help create a level playing field if there is going

to be meaningful negotiations and a just settlement to this conflict.

We must do more to bring a just peace in Sudan. I urge my colleagues to support this resolution, which calls for support for

groups protecting civilians against indiscriminate bombings, slavery and terror.

Thank you very much, Mr. Chairman. Let me commend you

again for your steadfastness on this issue. With that, I yield back

the balance of my time.

Mr. SMITH. Thank you very much I say to my good friend from

New Jersey for his ongoing and longstanding support of human

rights around the world and especially for Africa, which gets scant

attention in Congress and from the executive branch, whether Republican or Democrat. Again, I think this resolution helps, but it

certainly is not a panacea. It is a step in the right direction.

The question occurs on the amendment, the Chairman’s amendment. All those in favor of the amendment will say aye.

[Chorus of ayes.]

Mr. SMITH. All those opposed say no.

[No response.]

Mr. SMITH. The ayes appear to have it, and the amendment is

agreed to.

I now move that this bill, S. 1453, as amended, be reported favorably to the Full Committee.

The question is on my motion. All those in favor of the motion

say aye.

[Chorus of ayes.]

13

Mr. SMITH. All those opposed say no.

[No response.]

Mr. SMITH. The ayes have it, and the motion is agreed to.

Without objection, the chief of staff may make technical, conforming and grammatical amendments to the bill as passed.

Again, I want to thank my good friend very much for participating and for his great work.

We have one final piece of business for the Subcommittee to address. We will now consider H. Res. 577, and the Clerk will report

the measure.

CONSIDERATION OF H. RES. 577

Mr. REES. H. Res. 577, To honor the United Nations High Commissioner for Refugees [UNHCR] for its role as a protector of the

world’s refugees, to celebrate UNHCR’s 50th anniversary and to

praise the High Commissioner Sadako Ogata for her work with

UNHCR for the past 10 years.

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

and operative language of the resolution and open it for amendment.

Mr. REES. A resolution to honor the United Nations High Commissioner for Refugees UNHCR for its role as a protector of the

world’s refugees—— Mr. SMITH. Without objection, the resolution is considered having

been read and is open to amendment at any point.

I would just like to make a very few brief comments on this resolution, H. Res. 577. I am proud to be a co-sponsor of this resolution

introduced by my good friend and colleague, Tony Hall, whose commitment to human rights and humanitarian principles is well

known. The resolution celebrates the 50th anniversary of the office

of the United Nations High Commissioner for Refugees, commends

the UNHCR for its good work over the years, and congratulates the

present High Commissioner, Dr. Ogata, who will be retiring in December.

As the resolution points out, it is important that the UNHCR

never forget that at the heart of its mandate is protection. Donor

countries like the United States often forget this. Our contributions

for refugee protection around the world is about 20 percent lower

than it was 5 years ago, and most of the countries have done even

worse.

Countries of first asylum, to which refugees have fled from persecution or the fear of persecution, often wish that they would just

go away, and sometimes the brutal regimes from which they fled

are only too happy to have them back, so there is always pressure

on UNHCR to pretend that mass repatriation would be safe, when

it is in fact very dangerous, or to pretend that repatriation is voluntary, when in fact the refugees and asylum seekers are given no

choice.

Occasionally, as in the so-called Comprehensive Plan of Action

for asylum seekers from Indochina, the UNHCR has yielded to this

pressure. On these occasions, I and other Members of Congress

have been among UNHCR’s strongest critics. On many other occasions, however, UNHCR has stood up for the principle of protection

even at great risk to its own institutional interest. This resolution

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celebrates those instances of courage and compassion over the last

50 years and particularly during the stewardship of Dr. Ogata.

I will be offering a technical to perfect the amendment that was

drafted with the assistance of the bill sponsor, and I urge that the

resolution be reported favorably.

Mr. Payne?

Mr. PAYNE. Thank you, Mr. Chairman. I would like to commend

you and Mr. Hall for your support of this resolution honoring Mrs.

Ogata.

I have had the privilege of working in the area of refugees for

many, many years as a member of the National Board of the

YMCA in its International Division. I was elected to the YMCA’s

World Alliance Committee and work with refugees and rehabilitation back in 1969, and I served on that Committee up until 1981

and as its chair from 1972 to 1981.

Our sole responsibility of our three times we would meet in Geneva would be dealing with refugees and trying to rehabilitate

them, so there is a job that many people realized to understand the

magnitude of the problems of refugees. It is enormous.

I have had the good fortune to meet with Ms. Ogata on a number

of occasions. We were in Goma together when the refugees from

Rwanda went into Goma in eastern Zaire back in the early 1980’s

or early 1990’s. She has been there fighting for the rights of refugees saying that they have a right to be out of a country. They

should not be forced back. She has made some very strong stands,

and so I could not agree with you more.

Just the other day she went to the Taliban up in Afghanistan,

and she personally went up to the leadership of that very brutal

organization and chastised them on their treatment of women. She

is a brave, brave person, very committed, and I would like to add

my support about her great work and the work of the UNHCR in

its 50th anniversary, Mr. Chairman.

Mr. SMITH. Thank you, Mr. Payne.

Just so the record will reflect it, we are working right now on

trying to beef up the appropriations for the refugee budget. As you

know, M. Payne, because you were very helpful in the language,

the legislation in the State Department reauthorization bill and

Embassy Security Act, of which I was the prime author, had

$750,000,000 for fiscal year 2001. It was signed by the President.

It beefs it up substantially, more than $50,000,000 from what was

appropriated last year, and now we are trying to get the appropriators to go up to that authorized level.

We are awash in refugees, and to think that there is not enough

money when it has been authorized and we have huge surpluses

is not even penny wise. It is just pound foolish.

Mr. PAYNE. That is right.

Mr. SMITH. So we are going to do what we can to get the appropriators to reach that.

I have an amendment at the desk, and the chief of staff will report that amendment.

Mr. REES. Amendment in the nature of a substitute to H. Res.

577 offered by Mr. Smith of New Jersey.

Mr. SMITH. Without objection, the reading of the amendment will

be dispensed with. Just to make a point, this is a technical amendVerDate 11-MAY-2000 11:24 Mar 08, 2001 Jkt 069867 PO 00000 Frm 00018 Fmt 6633 Sfmt 6633 F:\WORK\IOHR\M092100\69867 HINTREL1 PsN: HINTREL1
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ment. It beefs up the language in the resolution. There were some

grammatical errors in the original draft, which now have been rectified.

Mr. Payne, I guess you have already had your say. Do you want

to speak on this?

Mr. PAYNE. No. That is fine. Thank you.

Mr. SMITH. I move that the Subcommittee adopt my amendment

in the nature of a substitute. The question occurs on the amendment in the nature of a substitute. All those in favor of the amendment say aye.

[Chorus of ayes.]

Mr. SMITH. All those opposed say no.

[No response.]

Mr. SMITH. The ayes have it, and the amendment is agreed to.

I move that the Subcommittee report the resolution, as amended,

favorably to the Full Committee.

The question is on the motion of the gentleman from New Jersey,

the Chairman of the Subcommittee. All those in favor of the motion

say aye.

[Chorus of ayes.]

Mr. SMITH. All those opposed say no.

[No response.]

Mr. SMITH. The ayes have it, and the motion is agreed to.

Without objection, the chief of staff may make technical, conforming and grammatical amendments to the bill just passed.

My good friend from Colorado, Mr. Tancredo, is recognized.

Mr. TANCREDO. Thank you, Mr. Chairman.

I just wanted to make a statement with regard to the Sudan

Peace Act and my sincere appreciation for your, number one, taking up the issue and, number two, for inserting the language with

regard to sanctions into the bill.

I could not help but be struck by the irony of the fact that a

short time ago the United States Government was threatening

sanctions against Peru, economic sanctions against Peru, because

of concerns we had about their electoral process, and yet we were

unable to come up with that same degree of fortitude when it

comes to the conditions in Sudan. As I say, I could not escape the

irony in that.

I recognize full well that the inclusion of that particular provision makes the passage of the bill more difficult, certainly more

problematic, but it makes the bill meaningful. Frankly, without it

it is nothing more than a resolution, and so I just really came specifically to thank you very much for, number one, having the hearing; number two, for including that provision and making this a

meaningful piece of legislation, which I recognize makes it more

difficult, as I said.

With your leadership and with other Members who I know, Mr.

Payne especially, I have a feeling that we are going to get a lot farther with this than others had anticipated. That is all I really have

to add.

Mr. SMITH. I thank the gentleman for his comments.

Let me say and let the record reflect that the amendment just

offered was authored by Mr. Tancredo. He wrote it, and Mr. Payne

made a major contribution to it. It was very much a bipartisan resVerDate 11-MAY-2000 11:24 Mar 08, 2001 Jkt 069867 PO 00000 Frm 00019 Fmt 6633 Sfmt 6633 F:\WORK\IOHR\M092100\69867 HINTREL1 PsN: HINTREL1
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olution on the sanctions, and I want to thank him and Mr. Payne

for their leadership on that.

Mr. PAYNE. I would also like to thank Mr. Tancredo for his first

codel. His first trip as a Member of Congress was to go to the south

of Sudan where he witnessed also where the Antonovs came. You

remember when we hear the stories about the bombings. He stayed

in a hut like we do all the time and sit around the fires and talk,

listen to the people and our good friend, Father—what is his name?

Mr. SMITH. Father Dan.

Mr. PAYNE. Father Dan, who I see, who has been there for years

and years. He is a former priest. He has given his life for refugees

in Sudan and the opportunity to just meet so many strong people.

I would like to commend the gentleman from Colorado for his

strong interest in this issue.

Mr. TANCREDO. Thank you. Thank you.

Mr. SMITH. Without any further comments, that concludes the

business of the Subcommittee. I want to thank our Members for

being here.

This markup is adjourned.

[Whereupon, at 11:51 a.m. the Subcommittee was adjourned.]

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