IV

105TH CONGRESS

1ST SESSION H. RES. 76

Expressing the sense of the House of Representatives concerning the human

rights situation in the People’s Republic of China as it relates to China’s

position in the international community and encouraging the United

States, in conjunction with other members of the United Nations Commission on Human Rights, to work with China to promote the improvement of human rights.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 25, 1997

Mr. PORTER submitted the following resolution; which was referred to the

Committee on International Relations

RESOLUTION

Expressing the sense of the House of Representatives concerning the human rights situation in the People’s Republic of China as it relates to China’s position in the

international community and encouraging the United

States, in conjunction with other members of the United

Nations Commission on Human Rights, to work with

China to promote the improvement of human rights.

Whereas the United States Department of State’s 1996

Country Reports on Human Rights Practices (hereinafter

referred to as ‘‘the report’’) found that the Government

of the People’s Republic of China continues to commit

widespread and well documented human rights abuses, in

violation of international law, and this policy of systemic
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repression arises from Chinese authorities’ intolerance of

dissent, fear of unrest, and the absence of adequate laws

protecting personal and political freedom;

Whereas the report notes that Chinese authorities escalated

overall efforts to extinguish expressions of protest or criticism, effectively silencing all public dissent against the

party and government;

Whereas the report further notes that there was intensified

repression of nonapproved religious groups, including

Protestant and Catholic groups, but the number of religious adherents continues to grow in spite of this repression;

Whereas the report cites serious human rights abuses committed against persons in state custody, such as torture

and mistreatment of prisoners, forced confessions, and

arbitrary and lengthy incommunicado detention, as well

as generally harsh prison conditions and intentional denial of medical care to seriously ill prisoners, yet Chinese

authorities’ claims of improvements in these areas are

impossible to verify due to the lack of independent monitoring of conditions in Chinese prisons and reeducationthrough-labor camps;

Whereas the report also documents widespread human rights

abuses in Tibet, including death in detention, torture, arbitrary arrest, detention without public trial, lengthy detention of Tibetan nationalists for peaceful expression of

religious and political views, and intensified controls on

religion, freedom of speech, and freedom of the press,

particularly for ethnic Tibetans;

Whereas the Government of the People’s Republic of China

has made certain agreements and guarantees regarding
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preservation of a high degree of autonomy and basic

rights and freedoms in Hong Kong following its reversion

to Chinese sovereignty on July 1, 1997, including the

commitments contained in the 1984 Sino-British Joint

Declaration on the Question of Hong Kong (the Joint

Declaration) and the Basic Law enacted by the National

People’s Congress of the People’s Republic of China on

April 4, 1990 (the Basic Law);

Whereas the National People’s Congress, at its March 1997

session, will consider proposals to repeal key provisions of

the Hong Kong Bill of Rights Ordinance and proposals

to reinstate laws such as the Societies Ordinance and the

Public Order Ordinance that seriously restrict and limit

civil liberties, passage of which would be in contravention

of the International Covenant on Civil and Political

Rights which was extended to cover Hong Kong in 1976;

Whereas China, through its hand-picked selection committee,

on December 21, 1996, appointed a provisional legislature for Hong Kong though such a body is not mentioned

in either the Joint Declaration or the Basic Law, and

this provisional legislature has begun preparing legislation prior to Hong Kong’s reversion to Chinese sovereignty, while the legitimately elected legislative council

of Hong Kong continues to function, thereby creating the

possibility of legal conflict and uncertainty;

Whereas China is bound by the Universal Declaration of

Human Rights and is a party to the Convention on the

Elimination of All Forms of Racial Discrimination and

the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

Whereas officials of the Chinese Government have recently

made statements affirming the universality of human
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rights, as well as statements indicating a willingness to

sign and ratify key international human rights covenants;

Whereas the United States has realized progress in other

areas of the United States-China bilateral relationship,

such as trade, regional security, and nuclear nonproliferation;

Whereas, since the presidential statement of May 26, 1994,

which officially delinked renewal of most favored nation

trade status from progress on human rights issues, there

has not been substantial improvement in China’s human

rights practices and the effectiveness of the annual debate on renewal of most favored nation trade status,

which has been an important forum for expressing concerns on these issues within the Congress, has been reduced by this policy;

Whereas, in the past, the United States has been a primary

sponsor of a resolution criticizing human rights practices

in China that has been annually submitted to the United

Nations Commission on Human Rights; and

Whereas the United States Government and the American

people desire improved relations with the Government

and people of the People’s Republic of China, but believe

that improved relations must be based on respect for, and

observance of, internationally recognized norms and

standards of human rights: Now, therefore, be it

1 Resolved, That it is the sense of the House of Rep2 resentatives that—

3 (1) the Congress should—

4 (A) explore additional legislative vehicles

5 for explicitly expressing congressional concerns
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1 about China’s serious human rights situation;

2 and

3 (B) work with the President and Secretary

4 of State to explore areas of agreement and mu5 tual concern, whereby the actions of the Con6 gress can support their efforts to secure

7 progress on the matters set forth below; and

8 (2) the President and the Secretary of State

9 should—

10 (A) call on the Government of the People’s

11 Republic of China to take concrete steps to im12 prove human rights, including—

13 (i) agreeing to a memorandum of un14 derstanding to grant international humani15 tarian organizations regular, confidential

16 access to Chinese prisons and detention

17 centers;

18 (ii) releasing political, religious, and

19 labor activists and Tibetan prisoners, par20 ticularly those who suffer from serious

21 medical conditions;

22 (iii) allowing international human

23 rights organizations and journalists regu24 lar, unhindered access to Tibet;
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1 (iv) signing and ratifying the Inter2 national Covenant on Civil and Political

3 Rights; and

4 (v) curbing religious persecution by

5 ending its practices of requiring all reli6 gious groups to register with the authori7 ties and harassing unapproved religious en8 tities;

9 (B) urge the Government of the People’s

10 Republic of China to fully abide by its commit11 ments to maintain basic human rights and civil

12 rights, an independent judiciary and an elected

13 legislature in Hong Kong after July 1, 1997,

14 and to immediately cease all efforts to repeal

15 provisions of the Bill of Rights Ordinance and

16 reinstate laws which are not in conformance

17 with the International Covenant on Civil and

18 Political Rights; and

19 (C) sponsor, and actively seek support

20 among other member governments for, a resolu21 tion critical of China’s human rights practices

22 at the 53d session of the United Nations Com23 mission on Human Rights in Geneva, in the

24 event that it is unable to identify substantial
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1 and quantifiable progress by the People’s Re2 public of China on the matters set forth in

3 paragraphs (1) and (2).

Æ