S5990 CONGRESSIONAL RECORD — SENATE August 2, 2012 

Whereas, according to the DOS Human 

Rights Report, ‘‘[t]here continued to be credible reports that authorities pressured defense lawyers not to take as clients any religious or democracy activists facing trial. 

Human rights lawyers were restricted, harassed, arrested, disbarred, and in some cases 

detained for representing political activists,’’ while ‘‘given their previous convictions, lawyers Le Tran Luat, Le Thi Cong 

Nhan, and Le Quoc Quan were not permitted 

to practice law’’; 

Whereas, on April 4, 2011, the Hanoi People’s Court sentenced attorney Cu Huy Ha 

Vu to seven years in prison for defending victims of land confiscation and abuse of power, 

including the Catholic villagers of Con Dau 

who refused to sell or vacate land, including 

a 135-year-old religious burial site, and in 

August and November 2011, Vu’s appeals were 

unsuccessful; 

Whereas, although the constitution of 

Vietnam provides for freedom of religion, Vietnamese law requires official recognition or 

registration for religious groups, which has 

been used to monitor and restrict the operations of religious organizations; 

Whereas the 2012 Annual Report of the 

United States Commission on International 

Religious Freedom (USCIRF) lists Vietnam 

as one of the ‘‘world’s worst religious freedom violators,’’ recommending that the Secretary of State name Vietnam a ‘‘country of 

particular concern’’ with respect to religious 

freedom, noting that ‘‘the Government of 

Vietnam continues to control all religious 

communities, restrict and penalize independent religious practice severely, and repress individuals and groups viewed as challenging its authority’’ and that ‘‘individuals 

continue to be imprisoned or detained for 

reasons relating to their religious activity or 

religious freedom advocacy’’ while ‘‘independent religious activity remains illegal’’; 

Whereas, according to the USCIRF report, 

between April 2011 and February 2012, ‘‘as 

many as 27 individuals were arrested or disappeared in Vietnam for their religious affiliations, religious activities, or peaceful 

protest of religious freedom restrictions, 

among them Hoa Hao Buddhists, Catholics, 

Protestants, and Falun Gong practitioners’’; 

Whereas hundreds of Montagnard Protestants arrested after 2001 and 2004 demonstrations for religious freedom and land rights 

remain in detention in Vietnam’s Central 

Highlands, while, according to Human 

Rights Watch, in 2010, as many as 70 additional people were detained in the Central 

Highlands for conducting ‘‘illegal’’ religious 

services; 

Whereas the Unified Buddhist Church of 

Vietnam is the country’s largest religious 

organization, yet according to the USCIRF, 

it ‘‘has faced decades of harassment and repression for seeking independent status and 

for appealing to the government to respect 

religious freedom and related human rights’’; 

Whereas, in July 2011, Father Nguyen Van 

Ly, who has been imprisoned numerous 

times for his religious freedom and human 

rights advocacy, but had been granted medical parole in March 2010 after suffering several strokes in prison that left him partially 

paralyzed, was returned to prison to serve 

the remainder of his eight-year sentence; 

Whereas on January 6, 2011, Christian 

Marchant, a United States diplomat at the 

United States Embassy in Hanoi, was beaten 

by Vietnamese police when he went to visit 

Father Ly, who was then under house arrest; 

Whereas, according to the USCIRF report, 

over a dozen religious leaders are being held 

under long-term house arrest orders, including Unified Buddhist Church of Vietnam 

(UBCV) leader Thich Quang Do and other 

UBCV leaders, Catholic Father Phan Van 

Loi, Hoa Hao leader Le Quang Liem, Protestants Nguyen Van Dai and Le Thi Cong 

Nhan, and Mennonite Leader Nguyen Thi 

Hong; 

Whereas Reporters Without Borders’ 2011- 

2012 Press Freedom Index ranks Vietnam last 

in Southeast Asia with regard to freedom of 

the press, and 172 out of 179 countries overall; 

Whereas, in September 2007, Vietnamese 

bloggers established the Club of Free Journalists to promote freedom of expression and 

independent journalism and were quickly 

faced with harassment, intimidation, and detention by authorities in Vietnam, beginning 

with the arrest of Nguyen Van Hai in April 

2008; 

Whereas, on October 30, 2010, while in 

Hanoi, Vietnam, Secretary of State Hillary 

Clinton said, ‘‘[T]he United States remains 

concerned about the arrest and conviction of 

people for peaceful dissent, the attacks on 

religious groups, the curbs on Internet freedom, including of bloggers. Vietnam has so 

much potential, and we believe that political 

reform and respect for human rights are an 

essential part of realizing that potential.’’; 

Whereas, on November 10, 2011, Secretary 

of State Clinton stated, ‘‘We support not 

only open economies but open societies . . . 

we have made it clear to Vietnam that if we 

are to develop a strategic partnership, as 

both nations desire, Vietnam must do more 

to respect and protect its citizens’ rights’’; 

and 

Whereas, on February 2, 2012, Assistant 

Secretary of State Kurt M. Campbell stated 

that ‘‘for the United States and Vietnam to 

go to the next level it will require some significant steps on the part of Vietnam to address . . . human rights concerns . . . but 

also more systematic challenges associated 

with freedom of expression, freedom of organization,’’ explaining that ‘‘progress in these 

areas will be essential to have the appropriate level of support in the United States 

that will sustain a deeper engagement between our two countries’’: Now, therefore, be 

it 

Resolved, That the Senate— 

(1) reaffirms the commitment of the 

United States to democracy, human rights, 

civil liberties, and rule of law, including the 

universal rights of freedom of assembly, freedom of speech, freedom of religion, and freedom of association; 

(2) strongly condemns the ongoing and 

egregious human rights violations committed by the Government of Vietnam 

against the Vietnamese people; 

(3) urges the President, Secretary of State, 

and all other appropriate United States Government officials to ensure that relations between the United States and Vietnam continue to include robust discussion on the 

troubling human rights record of the Government of Vietnam; 

(4) encourages the Secretary of State to 

place Vietnam on the list of ‘‘Countries of 

Particular Concern’’ with regard to religious 

freedom pursuant to section 402(b) of the 

International Religious Freedom Act of 1998 

(22 U.S.C. 6442(b)) in order to highlight 

abuses of religious freedom in Vietnam and 

encourage improvement in the respect for 

human rights in Vietnam; and 

(5) urges the President, Secretary of State, 

and other world leaders to publicly support 

the human rights of the people of Vietnam 

and to call on the President of Vietnam to— 

(A) release all political and religious prisoners, including all those imprisoned or detained on account of their advocacy for democracy, religious freedom, and other 

human rights; 

(B) revise or repeal ordinances and decrees 

that limit freedom of expression, assembly, 

association, or religion; and 

(C) implement all necessary legal and political reforms to protect these rights. 

f 

SENATE RESOLUTION 542—EXPRESSING THE SENSE OF THE 

SENATE THAT THE UNITED 

STATES GOVERNMENT SHOULD 

CONTINUE TO SUPPORT DEMOCRACY AND HUMAN RIGHTS IN 

TAIWAN FOLLOWING THE JANUARY 2012 PRESIDENTIAL AND 

LEGISLATIVE ELECTIONS IN TAIWAN 

Ms. MURKOWSKI (for herself and 

Mr. BEGICH) submitted the following 

resolution; which was referred to the 

Committee on Foreign Relations: 

S. RES. 542 

Whereas, for many years, Taiwan has been 

a strong and cooperative partner of the 

United States; 

Whereas the 1979 Taiwan Relations Act (22 

U.S.C. 3301 et seq.), the cornerstone of United 

States-Taiwan relations, declares that ‘‘the 

preservation and enhancement of the human 

rights of all the people of Taiwan are hereby 

reaffirmed as objectives of the United 

States’’; 

Whereas, since the lifting of martial law in 

1987, the people of Taiwan have amply demonstrated their desire for democratic governance, as well as their commitment to human 

rights, civil liberties, and the rule of law; 

Whereas, since their first democratic presidential election in 1996, the people of Taiwan 

have conducted four more presidential elections, as well as successive elections for 

members of their national legislature, numerous local elections, and two national referendums; 

Whereas Taiwan conducted its latest presidential and legislative elections on January 

14, 2012; 

Whereas, on January 14, 2012, Mr. Ma Yingjeou, the incumbent and the nominee of the 

Chinese Nationalist Party (KMT), was reelected as the President of Taiwan with 51.6 

percent of the vote, while in the 113-member 

legislature the KMT won 64 seats, the Democratic Progressive Party (DPP) won 40 seats, 

and the People’s First Party (PFP), the Taiwan Solidarity Union (TSU), and other nonpartisan independent candidates each won 3 

seats; 

Whereas an international election observation mission made up of 19 observers from 8 

countries, invited by the International Committee for Fair Elections in Taiwan (ICFET), 

observed the January 14, 2012, elections in 

Taiwan; 

Whereas the final report of the mission, 

made up of observers from Australia, Canada, Denmark, France, Japan, Sweden, the 

Netherlands, and the United States, was recently presented in Taiwan; 

Whereas the final report of the mission included— 

(1) a finding that the elections were mostly 

free but only partly fair; 

(2) a finding that the date selected for the 

election made it more convenient for Taiwan 

businessmen in China to return for the vote, 

but made it more difficult for students to return to their home towns to vote, and a recommendation that the household registration system should be changed to allow people to vote where they actually work or 

study in Taiwan, ending the need to travel 

long distances to vote; 

(3) a finding that vote buying and vote betting remains an issue of concern, and recommendations that stiffer penalties be put 

in place for candidates who buy votes, such 

as disqualification from running in future 


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August 2, 2012 CONGRESSIONAL RECORD — SENATE S5991 

elections, and that the political parties do 

more to prevent individual candidates from 

engaging in vote buying; 

(4) a finding that major violations of principles of administrative neutrality during 

the elections by government officials occurred, and a recommendation that civil 

service and non-elected offices need to be 

further de-politicized; 

(5) a finding that verified data does not 

exist on campaign financial resources and 

expenditures and it seemed likely that campaign spending exceeded campaign finance 

limits, and recommendations that enforcement and public promotion of campaign 

spending laws be strengthened and loopholes 

closed and that the longstanding issue of 

KMT party assets, including their source, 

use, and investments be resolved; 

(6) a finding that the Government of the 

People’s Republic of China attempted to influence the elections by sending agricultural 

purchasing missions to southern Taiwan as a 

sign of support for the sitting President, reducing the number of tourist groups allowed 

to travel to Taiwan to signal the ability to 

reduce tourism if the ‘‘wrong candidate’’ 

won, and by discounting flights from China 

to Taiwan to make it easier for Taiwanese 

businessmen living in China to return to Taiwan to vote; 

(7) a finding that actions and statements 

by the United States Government and its officials might have influenced the elections, 

noting that in the three months preceding 

the election, there were more visits by highlevel United States officials to Taipei than 

during any calendar year in recent history; 

less than one month before the elections, the 

Department of State announced Taiwan’s 

candidacy for participation in the visa waiver program; and a senior United States official stated anonymously through the Financial Times that the DPP’s presidential candidate Tsai ‘‘left us with distinct doubts 

about whether she is both willing and able to 

continue the stability in cross-Strait relations the region has enjoyed in recent 

years’’; and 

(8) a finding that media outlets gave preferential treatment to a particular party or 

candidate based on the outlet’s political affiliation; 

Whereas Taiwan’s native-grown democratic experience serves as a model for countries in the region and around the world aspiring to establish democratic rule; 

Whereas Taiwan’s free and open society 

plays a stabilizing role in the Asia Pacific region and is thus conducive to the interests of 

states of the region, including the United 

States, in furthering peace, prosperity and 

stability; and 

Whereas the United States remains committed to the continued strengthening and 

development of democratic institutions in 

Taiwan, and to ensuring the ability of the 

people of Taiwan to determine their own future free from outside interference or coercion: Now, therefore, be it 

Resolved, That the Senate— 

(1) applauds the progress made by the people of Taiwan toward the consolidation of democracy over the past two decades, and commends their enduring commitment to the 

values of democracy, rule of law, and the 

protection of human rights; 

(2) encourages the people and the Government of Taiwan to take steps to continue to 

strengthen the protection of democratic values and human rights in their country, including freedom of speech, freedom of assembly, and freedom of the press; 

(3) encourages the people and the Government of Taiwan to take into consideration 

the conclusions and recommendations of 

international election monitoring missions, 

including the final International Election 

Observation Mission (IEOM) report, as they 

seek to strengthen their democratic practices and human rights protections; 

(4) urges the President and Government of 

the United States to continue to support democracy and human rights in Taiwan; 

(5) encourages all outside parties to remain 

neutral in Taiwan’s elections; and 

(6) affirms that the future of Taiwan 

should be resolved peacefully, in accordance 

with democratic principles, and with the assent of the people of Taiwan. 

Ms. MURKOWSKI. Mr. President, I 

rise to submit a resolution relating to 

the January 2012, presidential and legislative elections held in Taiwan. On 

January 14, 2012, Mr. Ma Ying-jeou, the 

nominee of the Chinese Nationalist 

Party, KMT, was re-elected as President of Taiwan with 51.6 percent of the 

vote. The KMT also won 64 seats of the 

113-member Legislative Yuan, while 

the Democratic Progressive Party, 

DPP, won 40 seats. 

Former United States Senator Frank 

Murkowski participated in an international election observation mission 

made up of 19 observers from 8 countries. Recently, the mission submitted 

its final report on the elections, concluding that they were mostly free but 

only partly fair. 

The resolution I am submitting takes 

note of the mission’s final report, and 

urges the people and government of 

Taiwan to take the report’s findings 

and recommendations into consideration as they continue their commitment to the values of democracy, the 

rule of law, and human rights. 

f 

SENATE RESOLUTION 543—TO EXPRESS THE SENSE OF THE SENATE ON INTERNATIONAL PARENTAL CHILD ABDUCTION 

Mrs. BOXER (for herself, Mr. LAUTENBERG, Mr. KERRY, Mr. LUGAR, Mr. 

INHOFE, Mr. CARDIN, Ms. MIKULSKI, 

Mrs. FEINSTEIN, Mrs. GILLIBRAND, Ms. 

LANDRIEU, Mr. MERKLEY, Mrs. MURRAY, 

Mr. RUBIO, Mr. LEAHY, and Mr. KIRK) 

submitted the following resolution; 

which was referred to the Committee 

on Foreign Relations: 

S. RES. 543 

Whereas international parental child abduction is a tragic and common occurrence; 

Whereas the abduction of a child by one 

parent is a heartbreaking loss for the left-behind parent and deprives the child of a relationship with 2 loving parents; 

Whereas, according to the Report on Compliance with the Hague Convention on the 

Civil Aspects of International Child Abduction of the United States Department of 

State from April 2010, research shows that 

abducted children are at risk of significant 

short- and long-term problems, including 

‘‘anxiety, eating problems, nightmares, 

mood swings, sleep disturbances, [and] aggressive behavior’’; 

Whereas, according to that report, left-behind parents may also experience substantial 

psychological and emotional issues, including feelings of ‘‘betrayal, sadness over the 

loss of their children or the end of their marriage, anger toward the other parent, anxiety, sleeplessness, and severe depression’’, 

as well as financial strain while fighting for 

the return of a child; 

Whereas, since 1988, the United States, 

which has a treaty relationship under the 

Convention on the Civil Aspects of International Child Abduction, done at The Hague 

October 25, 1980 (TIAS 11670) (referred to in 

this preamble as the ‘‘Hague Abduction Convention’’) with 69 other countries, has agreed 

with its treaty partners to follow the terms 

of the Hague Abduction Convention; 

Whereas the Hague Abduction Convention 

provides a legal framework for securing the 

prompt return of wrongfully removed or retained children to the countries of their habitual residence where competent courts can 

make decisions on issues of custody and the 

best interests of the children; 

Whereas, according to the United States 

Department of State, the number of new 

cases of international child abduction from 

the United States increased from 579 in 2006 

to 941 in 2011; 

Whereas, in 2011, those 941 cases involved 

1,367 children who were reported abducted 

from the United States by a parent and 

taken to a foreign country; 

Whereas, in 2011, more than 660 children 

who were abducted from the United States 

and taken to a foreign country were returned 

to the United States; 

Whereas 7 of the top 10 countries to which 

children from the United States were most 

frequently abducted in 2011 are parties to the 

Hague Abduction Convention, including 

Mexico, Canada, the United Kingdom, Germany, Ecuador, Brazil, and Colombia; 

Whereas Japan, India, and Egypt are not 

parties to the Hague Abduction Convention 

and were also among the top 10 countries to 

which children in the United States were 

most frequently abducted in 2011; 

Whereas, in many countries, such as Japan 

and India, international parental child abduction is not considered a crime, and custody rulings made by courts in the United 

States are not typically recognized by courts 

in those countries; and 

Whereas Japan is the only member of the 

Group of 7 major industrialized countries 

that has not ratified the Hague Abduction 

Convention: Now, therefore, be it 

Resolved, That— 

(1) the Senate— 

(A) condemns the unlawful international 

abduction of all children; 

(B) urges countries identified by the 

United States Department of State as noncompliant or demonstrating patterns of noncompliance with the Convention on the Civil 

Aspects of International Child Abduction, 

done at The Hague October 25, 1980 (TIAS 

11670) (referred to in this resolution as the 

‘‘Hague Abduction Convention’’) to fulfill 

their commitment under international law 

to expeditiously implement the provisions of 

the Hague Abduction Convention; 

(C) calls on all countries to accede to or 

ratify the Hague Abduction Convention and 

to promptly institute measures to equitably 

and transparently address cases of international parental child abduction; and 

(D) calls on all countries that have not acceded to or ratified the Hague Abduction 

Convention to develop a mechanism for the 

resolution of current and future cases of 

international parental child abduction that 

occur before those countries accede to or ratify the Hague Abduction Convention in order 

to facilitate the prompt return of children 

abducted to those countries to the children’s 

countries of habitual residence; and 

(2) it is the sense of the Senate that the 

United States should— 

(A) aggressively pursue the return of each 

child abducted by a parent from the United 


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