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 Com-
mission on Human Rights, to work with China to promote the improve-
ment 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 con-
cerning the human rights situation in the People’s Re-
public 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 crit-
icism, 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 reli-
gious adherents continues to grow in spite of this repres-
sion;
Whereas the report cites serious human rights abuses com-
mitted 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 de-
nial 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 mon-
itoring of conditions in Chinese prisons and reeducation-
through-labor camps;
Whereas the report also documents widespread human rights
abuses in Tibet, including death in detention, torture, ar-
bitrary arrest, detention without public trial, lengthy de-
tention 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 legisla-
ture 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 legisla-
tion prior to Hong Kong’s reversion to Chinese sov-
ereignty, 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, Inhu-
man 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 nonprolifera-
tion;
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 de-
bate on renewal of most favored nation trade status,
which has been an important forum for expressing con-
cerns on these issues within the Congress, has been re-
duced 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
Resolved, That it is the sense of the House of Rep-
resentatives that—
(1) the Congress should—
(A) explore additional legislative vehicles
for explicitly expressing congressional concerns
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about China’s serious human rights situation;
and
(B) work with the President and Secretary
of State to explore areas of agreement and mu-
tual concern, whereby the actions of the Con-
gress can support their efforts to secure
progress on the matters set forth below; and
(2) the President and the Secretary of State
should—
(A) call on the Government of the People’s
Republic of China to take concrete steps to im-
prove human rights, including—
(i) agreeing to a memorandum of un-
derstanding to grant international humani-
tarian organizations regular, confidential
access to Chinese prisons and detention
centers;
(ii) releasing political, religious, and
labor activists and Tibetan prisoners, par-
ticularly those who suffer from serious
medical conditions;
(iii) allowing international human
rights organizations and journalists regu-
lar, unhindered access to Tibet;
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(iv) signing and ratifying the Inter-
national Covenant on Civil and Political
Rights; and
(v) curbing religious persecution by
ending its practices of requiring all reli-
gious groups to register with the authori-
ties and harassing unapproved religious en-
tities;
(B) urge the Government of the People’s
Republic of China to fully abide by its commit-
ments to maintain basic human rights and civil
rights, an independent judiciary and an elected
legislature in Hong Kong after July 1, 1997,
and to immediately cease all efforts to repeal
provisions of the Bill of Rights Ordinance and
reinstate laws which are not in conformance
with the International Covenant on Civil and
Political Rights; and
(C) sponsor, and actively seek support
among other member governments for, a resolu-
tion critical of China’s human rights practices
at the 53d session of the United Nations Com-
mission on Human Rights in Geneva, in the
event that it is unable to identify substantial
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and quantifiable progress by the People’s Re-
public of China on the matters set forth in
paragraphs (1) and (2).
Æ