Madam Chairman, first of all, I commend the gentleman from Illinois (Mr. Hyde) for crafting an outstanding piece of legislation. As we all know, he guided and shepherded through this body landmark…
Madam Chairman, first of all, I commend the gentleman from Illinois (Mr. Hyde) for crafting an outstanding piece of legislation. As we all know, he guided and shepherded through this body landmark legislation on AIDS which would not have been written into law without his effective leadership. I also thank the gentleman for including so many provisions which I proposed either as amendments or as base text.
In particular, including an amendment on refugees I offered along with the gentleman from California (Mr. Berman) that increases refugee protection monies by $310 million over 2 years, and my bill called the Belarus Democracy Act. This legislation which is embodied now into the text of the bill, would provide for effective help to civil society, human rights promotion, and democracy promotion in Belarus; the victims of torture which gets a modest but necessary increase in the U.N. Voluntary Fund for Victims of Torture; and there are many others.
This is a consensus bill in many ways, but there are some points of divergence. The gentleman from New York (Mr. Crowley) has put into the bill by a very narrow vote, an amendment that seriously and fundamentally weakens America's core anti-coercion law which says no funding goes to any organization that supports or participates in the management of a coercive population control program.
We in this Congress do not make the determination as to whether or not a group gets population control money. We set the standard. It is then left to the executive branch which relies on all relevant information to make a finding. Last year, Secretary Powell made that finding and said that the PRC has in place a regime of severe penalties on women who have unapproved births and that this regime plainly operates to coerce pregnant women to have abortions in order to avoid the harsh penalties.
``UNFPA's support of and involvement in China's population planning activities allows the Chinese government to implement more effectively its program of coercive abortion,'' Secretary Powell said.
I say to my colleagues, this debate is all about coercion. I would hope that my friends who support abortion would realize that coercion, whether it be forced sterilization or forced abortion, is an unconscionable act; and when it is done with impunity by the Chinese government with their partner, the U.N. Population Fund, we need to disassociate ourselves from that kind of activity. We need to stand with the oppressed, not with the oppressor, and the friends of the oppressor. We need to stand with the victims.
I urge my colleagues to support an amendment that I will be offering, cosponsored by the gentleman from Minnesota (Mr. Oberstar) and the gentleman from Illinois (Mr. Hyde), that would strike this language from the bill. I would hope that we would stand with the women of China who are being oppressed by their government and with their partners in these crimes against humanity, the U.N. Population Fund. I urge Members to vote for our amendment.
Madam Chairman, I am pleased that Title XV of the State Department authorization bill incorporates key provisions of the Belarus Democracy Act of 2003, which I sponsored earlier this year. The State Department's annual Country Reports on Human Rights Practices report on Belarus states that the Belarusian regime's ``human rights record remained very poor and worsened in several areas.'' Thanks to Alexander Lukashenka--aptly cited by The Washington Post as ``Europe's last dictator''--Belarus has the worst human rights record in Europe today. The Helskinki Commission, which I Chair, as well as the Organization for Security and Cooperation in Europe including its Parliamentary Assembly, the United Nations, the Council of Europe, the European Union and other international entities have all chronicled the appalling state of human rights and democracy in a country located in the heart of Europe. Belarus already borders NATO. In just a few years, Belarus will border the European Union.
The Lukashenka regime has blatantly and repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The independent media, non-governmental organizations (NGOs) and democratic opposition have all faced harassment. Indeed, in the last few months, his war against civil society has intensified--resulting in the closure of non-governmental organizations, independent media outlets and Western-funded media support groups, such as Internews Network group, an international organization that helps develop independent media in countries in transition.
Just last week, the Lukashenka regime denied continuation of the accreditation of the International Research and Exchanges Board (IREX), an American organization that has implemented a variety of assistance programs in Belarus for years, including programs that helped the struggling independent media. Last week, they ordered the closure of the Minsk bureau of Russian NTV television. Just a few weeks ago, Lukashenka closed down the National Humanities Lyceum, a highly respected school promoting the study of the Belarusian language and culture. There are growing, legitimate fears that Lukashenka is aiming to remove Belarus from its vestiges of democracy dissent.
In October, Lukashenka signed into law the most restrictive religion law in Europe. Independent journalists have been sentenced to ``corrective labor'' for their writings. There are credible allegations of the Lukashenka regime's involvement in the disappearances of leading opposition figures and a journalist. Here in Washington and at various OSCE Parliamentary Assembly meetings, I've had occasion to meet with the wives of the disappeared, Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky. These meetings have been heart- wrenching. The cases of their husbands--who disappeared in 1999 and 2000 and are presumed to have been murdered--are a stark illustration of the climate of fear that pervades in Belarus.
On the security front, reports of arms deals between the Belarusian regime and rogue states, including Iraq and North Korea, continue to circulate. Lukashenka and his regime were open in their support of Saddam Hussein.
One of the primary purposes of this initiative is to demonstrate U.S. support for those persevering to promote democracy and respect for human rights in Belarus despite the onerous pressures they face from the anti-democratic regime. Necessary assistance is authorized for democracy-building activities such as support for non-governmental organizations, independent media--including radio and television broadcasting to Belarus--and international exchanges.
The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards--in sharp contrast to the 2000 parliamentary and 2001 presidential elections in Belarus which flagrantly flaunted democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country's self-imposed isolation. Parliamentary elections are scheduled to be held in 2004, and we should encourage those who seek to create the laws and environment conducive to a free and fair election.
In addition, the Executive Branch is encouraged to impose sanctions against the
Lukashenka regime and deny high-ranking officials of the regime entry into the United States. U.S. Government financing would be prohibited, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs.
Madam Chairman, we are seeking to help put an end to the pattern of clear and uncorrected human rights violations by the Lukashenka regime and are hoping this will serve as a catalyst to facilitate Belarus' integration into democratic Europe. The Belarusian people deserve to live in a society where democratic principles and human rights are respected and the rule of law is preeminent. The Belarusian people--who have endured so much both under past and current dictatorships--deserve our support as they work to overcome the legacy of the past and develop a genuinely independent, democratic country.
In addition, Madam Chairman, in keeping with this authorization for the Department of State, I want to express my appreciation for the work of the Department in bringing needed attention to the concerns about ongoing anti-Semitism, an age-old plague that still haunts many countries in the OSCE, including our own. I have sought to identify effective responses to this troubling phenomenon, including the introduction of the resolution, H. Con. Res. 49 which passed last month.
Last month, I joined Mayor Rudy Giuliani and Congressman Hastings in Vienna for an OSCE conference specifically focused on anti-Semitism. Having the OSCE itself take up this important cause is significant. In fact, the idea was first raised in the May 2002 hearing of the Helsinki Commission and also suggested in the resolution condemning anti- Semitism I presented at the Berlin Parliamentary Assembly meeting last summer. I offered a similar resolution week before last at the Rotterdam OSCE PA meeting. Both resolutions passed the Assembly unanimously. While the OSCE Parliamentary Assembly has actively denounced anti-Semitic acts, I give great credit to the State Department for making the Vienna Conference a reality. Notably, one initiative emerging from the Vienna Conference was a pledge by our German friends to hold a follow-up meeting in Berlin next year to focus on anti-Semitism. I hope this meeting will rally the troops from Europe, the U.S., and Canada to say in one voice ``never again.''
Finally, Madam Chairman, I was pleased to learn of Senator Voinovich's amendment to the Senate's State Department reauthorization bill requiring the Annual Report on International Religious Freedom to include specific coverage of anti-Semitism. The amendment calls for the report to cover ``acts of anti-Semitic violence that occurred in that country'' and ``the response of the government of that country to such acts of violence.'' Importantly, the amendment would mandate the report to chronicle ``actions by the government of that country to enact and enforce laws relating to the protection of the right to religious freedom with respect to people of the Jewish faith.'' I think this is a worthwhile idea and hope it will be enacted into law.
Madam Chairman, I offer an amendment cosponsored by the gentleman from Minnesota (Mr. Oberstar) and the gentleman from Illinois (Mr. Hyde) to strike the Crowley language in the State Department bill under consideration.
Madam Chairman, I yield myself such time as I may consume.
Madam Chairman, just 10 months ago a sweeping, comprehensive reiteration of China's Draconian population control program went into effect in all of China. Sadly, the new law is as harsh, brutal, and violent as ever. Lest anyone be deceived that Beijing is somehow easing up on coercive population control, it is all there in the new law, the infamous one-child-per-couple policy, the crippling fines on those women who attempt to resist, and severe punishment to those women who have a child without explicit government permission.
Since 1979, the U.N. population fund has been the chief apologist for China's coercive one-child-per-couple policy. By its words and by its actions, the UNFPA has chosen to partner with those who oppress women. The UNFPA has funded, provided crucial technical support and, most importantly, provided cover for massive crimes of forced abortion and involuntary sterilization. Tens of millions of children have been slaughtered, their mothers robbed of their children by the state. The UNFPA has aggressively defended this barbaric policy that makes brothers and sisters illegal and makes women the pawns of population control cadres.
One terrifying consequence of China's policy is the disproportionate number of girl murders. According to the State Department's Country Reports on Human Rights Practices in China, currently there may be as many as 100 million more men than women, clearly a direct result of the one-child-per-couple policy.
Time and again, Madam Chairman, the officials at the UNFPA have defended the indefensible. The former executive director of the UNFPA, Nafis Sadik, said, ``China has every reason to feel proud of and pleased with its remarkable achievements made in its family planning policy. The country could offer its experience and social expertise to help other countries.'' God forbid. Let them export the one-child-per- couple policy which relies on coercion to achieve its ends? I hope not! On CBS ``Nightwatch,'' the executive director of the UNFPA said, ``The UNFPA firmly believes, as does the government of the People's Republic of China, that their program is a total voluntary program.'' Madam Chairman, that is unmitigated nonsense and that is a lie.
UNFPA Beijing representative Sven Burmester said and I quote, and please listen to this. This is the U.N.'s man in Beijing:
``China has had the most successful family planning policy in the history of mankind.'' That does not sound like a criticism of coercion or involuntary or forced abortion. That sounds like a partner defending a fellow partner gushing with praise. Of course it ``works,'' and of course the Chinese program is ``successful.'' Coercion works every day of the week.
Forced abortion, I would remind my colleagues, was construed to be a crime against humanity at the Nuremberg war crimes tribunal. It is no less of a crime today as it is practiced by China with its partners in that crime, the UNFPA.
Madam Chairman, having failed the important review required by the Kemp-Kasten anticoercion law, the gentleman from New York (Mr. Crowley) today is now attempting to gut, to weaken, to rig the 18-year-old Kemp- Kasten law by requiring that it only be operative if an organization ``knowingly and intentionally'' advances or expands coerced abortion or forced sterilization. If we adopt the Crowley language, enforcement of the current anticoercive law would be dead. Clearly, the whole idea behind this is that the money will flow to the UNFPA unfettered because with this standard, the weakened standard, there is little doubt that the money will flow.
U.S. investigators, if we adopted this language that is in the underlying bill, would now be required to investigate UNFPA personnel and ascertain their knowledge and their intent: What did they know and when did they know it? Given UNFPA's deplorable track record of denying that coercion even exists in China, it would be nearly impossible to prove intent. Even the hard-liners in China, in the government, deny coercion or any knowledge of coercion or intent to compel abortions.
I have made three human rights trips to China. I met with the head of China's population control program, Peng Peiyun. Madame Peng Peiyun told me over and over in that lengthy conversation that there was no coercion in China and then she backed that up by citing UNFPA's participation in the program and UNFPA's public statements where UNFPA leaders have defended and said there is no coercion in China. For the past 24 years, again despite overwhelming evidence to the contrary, UNFPA has declared China's program to be, quote, purely voluntary, free of coercion and a model to be emulated by other countries. Let us not forget that proving intent, this weakening standard offered by the gentleman from New York, is usually the stuff of criminal prosecutions, not grant-making.
I would point out to my colleagues, also, if we applied the misguided Crowley standard to any other human rights standard, human trafficking or religious persecution, we would seriously undercut, even destroy, our efforts to mitigate these abuses around the world.
Crowley sets a dangerous precedent in human rights law.
Let me just point out to my colleagues I am the prime sponsor of the Trafficking Victims Protection Act of 2000. Pursuant to that law, Secretary Powell recently placed 15 countries on what we call the tier 3 sanctions list. Those sanctions will soon be imposed. Nowhere in the statute do we require
the Secretary of State to divine the intent of the officials or whether or not they knowingly engaged in these human rights abuses. To give the oppressors that out, that escape clause, would be a gross betrayal of the victims.
In like manner, I respectfully submit we betray the victims of forced abortion and forced sterilization, millions of Chinese women, millions of Chinese children, when we give the oppressors or the friends of the oppressors this engraved invitation to continue denying and obfuscating the truth and, of course, enabling this kind of carnage to go on.
I ask Members to support the Smith-Oberstar-Hyde amendment.
Madam Chairman, I reserve the balance of my time.
Madam Chairman, I yield myself 40 seconds.
I just want to point out to my colleagues that the State Department and Secretary of State Colin Powell relied on many sources to make their determination, and Secretary Powell made this comment in his letter of finding: ``Regrettably, the PRC has in place a regime of severe penalties on women who have unapproved births. This regime plainly operates to coerce pregnant women to have abortions in order to avoid the penalties and therefore amounts to a program of coercive abortion.'' He pointed out ``UNFPA's support of, and involvement in, China's population planning activities allows the Chinese government to implement more effectively its program of coercive abortion.''
Every dollar, Madam Chairman, that does not go to the UNFPA the Secretary of State has said in writing he wants to reprogram to family planning and to maternal healthcare initiatives elsewhere around the world.
Madam Chairman, I reserve the balance of my time.
Madam Chairman, I yield 2 minutes to the distinguished gentleman from Pennsylvania (Mr. Pitts).
Madam Chairman, I yield myself 15 seconds to remind my colleagues that we provide almost half a billion dollars in family planning monies that go to Haiti, that go to Nicaragua, that go to El Salvador. We provide government-to-government and through nongovernmental organization support. And the money that does not go to the UNFPA will be reprogrammed dollar-for-dollar for these kinds of services.
Madam Chairman, I yield 2 minutes to the distinguished gentlewoman from Virginia (Mrs. Jo Ann Davis).
Madam Chairman, I yield 2 minutes to the distinguished gentleman from Missouri (Mr. Akin).
Madam Chairman, I yield 2 minutes to the gentleman from Indiana (Mr. Pence), my good friend and colleague.
(Mr. PENCE asked and was given permission to revise and extend his remarks.)
Madam Chairman, I yield 2 minutes to the gentleman from Iowa (Mr. King.)
Madam Chairman, I yield myself 30 seconds.
Madam Chairman, presumably the gentleman from California (Mr. Lantos), the gentleman from Pennsylvania (Mr. Greenwood) and virtually everybody in this Chamber opposes the tyrannical forced abortion policy of China, but not the UNFPA. Let me say that again, not the United Nations Population Fund.
Their representative has called this the most successful family planning policy in the history of mankind. They call it voluntary when it is not. They aid and abet this cruel policy in many, many tangible ways.
The State Department has it right. In the 32 counties as well as in the rest of China, when a woman gets pregnant and the baby is out of ``plan'', in other words, an illegal pregnancy--an illegal child--she faces Draconian fines of up to 6 years of salary. That is what compels the abortion. Desperate, with nowhere to turn, she aborts the child to avoid those fines. I urge support for Smith-Oberstar-Hyde amendment.
Mr. Chairman, we have one final speaker to close debate on my side.
Mr. Chairman, I yield our remaining time to the gentleman from Illinois (Mr. Hyde), the distinguished chairman of the Committee on International Relations, to close debate for our side.