U.S. Dept. of State - IIP: The United States and China

Transcript: Senators Offer Religious Freedom Amendment to H.R. 4444
(Measure would link PNTR with progress in religious freedom)

One of the Senate's most conservative legislators joined forces September 7 with one of the body's most liberal lawmakers to attempt to amend H.R. 4444, the legislation that would grant China Permanent Normal Trade Relations (PNTR) status.

Senator Jesse Helms (Republican of North Carolina), the chairman of the Senate Foreign Relations Committee, and Senator Paul Wellstone (Democrat of Minnesota) sought unsuccessfully to put language into H.R. 4444 that would have required the President to certify that Beijing has taken steps to end religious persecution in China.

"My amendment," Wellstone said, "follows verbatim" the recommendation of the United States Commission on International Religious Freedom.

"It was the recommendation of this Commission, which we established by a 98-0 vote, to delay PNTR until China made `substantial' improvements in allowing its people the freedom to worship as measured by several concrete benchmarks," he continued.

Helms said that the amendment "directs the President, if China has indeed met a series of religious freedom conditions, to certify such before granting permanent normal trade relations with China."

The amendment, the first one offered to the China PNTR bill, went down to defeat with only 30 yes votes against 67 no votes.

Following is the text of the Wellstone-Helms Amendment and a transcript of the sponsoring senators' introductory speeches for the amendment from the September 7 Congressional Record:

TO AUTHORIZE EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE PEOPLE'S REPUBLIC OF CHINA
MOTION TO PROCEED
(Senate - September 07, 2000)
AMENDMENT NO. 4114

The Senator from Minnesota [Mr. Wellstone], for himself and Mr. Helms, proposes an amendment numbered 4114.

Mr. WELLSTONE. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

(PURPOSE: TO REQUIRE THE PRESIDENT TO CERTIFY TO CONGRESS THAT THE PEOPLE'S REPUBLIC OF CHINA HAS TAKEN CERTAIN ACTIONS WITH RESPECT TO ENSURING RELIGIOUS FREEDOM, AS RECOMMENDED BY THE UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM)

On page 4, line 22, beginning with `Prior', strike all through page 5, line 6, and insert the following: Prior to making the determination provided for in subsection (a)(1), the President shall transmit a report to Congress certifying that--

(1) pursuant to the provisions of section 122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the terms and conditions for the accession of the People's Republic of China to the World Trade Organization are at least equivalent to those agreed between the United States and the People's Republic of China on November 15, 1999; and

(2) following the recommendations of the United States Commission on International Religious Freedom, the People's Republic of China has made substantial improvements in respect for religious freedom, as measured by the fact that--

(A) the People's Republic of China has agreed to open a high-level and continuing dialogue with the United States on religious-freedom issues;

(B) the People's Republic of China has ratified the International Convention on Civil and Political Rights, which it has signed;

(C) the People's Republic of China has agreed to permit the United States Commission on International Religious Freedom and international human rights organizations unhindered access to religious leaders, including those imprisoned, detained, or under house arrest;

(D) the People's Republic of China has responded to inquiries regarding persons who are imprisoned, detained, or under house arrest for reasons of religion or belief, or whose whereabouts are not known, although they were last seen in the custody of Chinese authorities; and

(E) the People's Republic of China has released from prison all persons incarcerated because of their religion or beliefs. On page 5, line 10, strike `section 101(a)' and insert `section 101'.

Mr. WELLSTONE. Mr. President, first, I say to colleagues that if I was not on the floor right now, I would be in the Foreign Relations Committee. Senator Brownback is conducting some hearings that deal with religious freedom in China. This amendment also deals with the same question.

I rise today, Democrats and Republicans, to offer an amendment. I offer this amendment with Senator Helms of North Carolina. I believe later on Senator Feingold is going to want to be added as a cosponsor.

This amendment will prove that our country cares deeply about religious freedom and our country is not indifferent to the suffering of millions of Chinese who face religious persecution. Respect for religious liberty goes to the heart of American values. We cannot say that we are deeply committed to human rights and that we are deeply committed to religious freedom and then remain silent as we witness China's abuse of both of these rights.

Two years ago, in a 98-0 vote, the Senate overwhelmingly passed the International Religious Freedom Act, which created the Commission on International Religious Freedom. Congress instructed that the Commission make recommendations to us when it comes to how, through our foreign policy, we could promote international religious freedoms. It took this mandate seriously. After a year-long investigation, the Commission--and this is the report of the U.S. Commission on International Religious Freedom, which was issued May 1, 2000--found that `The government of China and the Communist Party of China discriminates, harasses, incarcerates, and tortures people on the basis of their religion and beliefs.'

My amendment follows verbatim the Commission's recommendation. It was the recommendation of this Commission, which we established by a 98-0 vote, to delay PNTR until China made `substantial' improvements in allowing its people the freedom to worship as measured by several concrete benchmarks.

People who believe in religious freedom have long understood a basic truth--that America, our country, can never be indifferent to religious persecution. When others are hounded or persecuted for their religious beliefs, we are diminished by our own failure to act or speak out. But when we embrace the cause of religious freedom, we reaffirm one of the great values of American democracy.

This legislation and this administration is focused on trade, which it is now promoting as a human rights policy. But trade alone will never guarantee change. This report, which I am going to read in a moment, on religious persecution in China issued just this year is brutal. The State Department issued its report on international religious freedom.

Senators cannot turn their gaze away from this unpleasant truth. They talk about a tremendous amount of persecution in China.

We have now had two reports by the State Department on human rights which have not reported great improvement. This past year, the State Department report on human rights abuses talked about a brutal climate in China. We cannot reward China with PNTR while it continues to harass and jail people because of their religious beliefs.

Just yesterday, the Washington Post reported that China has indicted 85 members of a Christian sect in a followup to the recent retention of 130 of its members and the expulsion of 3 American missionaries.

With passage of PNTR, the United States of America gives up our annual right of review of China's most favored nation trade privileges as well as our bilateral trade remedy. We have not used this leverage as effectively as we should. But do we want to give up all of this leverage? Do we want to say we do not take into account this religious persecution in China and we will no longer annually review trade relations to maintain some leverage and some voice in support of the right of people in China to practice their religious beliefs?

During the debate on the International Religious Freedom Act, many of my colleagues made impassioned speeches that U.S. foreign policy should never ignore the importance of this fundamental right of people to be able to practice their religion and not be persecuted in our dealings with other countries. In fact, Congress instructed the Commission to make recommendations to ensure that American foreign policy promotes international religious freedom.

The Commission's members--because I am going in a moment to mirror their recommendations, which is what this amendment basically reflects--are drawn from both parties and represent extremely diverse points of view, including, by the way, the members of this Commission as strong proponents of free trade. Its members include Elliot Abrams, former assistant to President Ronald Reagan; John Bolton of the American Enterprise Institute; Rev. Theodore McCarrick, the Archbishop of Newark; Nina Shea of Freedom House; and Rabbi David Sapperstein, director of the Religious Action Center for Reform Judaism.

Despite the Commission's extraordinary diversity, its members unanimously agreed on no PNTR for China. We voted 98-0 for this legislation. We established this Commission. We asked this Commission to present to us recommendations about how we could promote religious freedom. The Commission took this mandate seriously. I want to just quote from this Commission's report. Its members unanimously agreed that we should vote no on PNTR for China.

Given the sharp deterioration in freedom of religion in China during the last year, the Commission believes an unconditional grant of PNTR at this moment may be taken as a signal of American indifference to religious freedom.

We are just asking in our amendment that Democrats and Republicans go on record as not being indifferent when it comes to the question of religious freedom.

I will explain my amendment in a moment. I see my colleague, Senator Helms, on the floor. I yield to the Senator from North Carolina and ask unanimous consent that I be able to follow him. . . .

Mr. President, around this place we customarily say in a case such as this that we are `pleased' to support an amendment. I am honored to support this amendment, and I am honored to cosponsor it with my friend from Minnesota. In this case, we both have the same conviction about what our Government and our country ought to do before granting permanent normal trade relations to China.

I am sure Senator Wellstone has made it clear, but for the purpose of emphasis, this amendment directs the President, if China has indeed met a series of religious freedom conditions, to certify such before granting permanent normal trade relations with China.

This amendment really tells China--and, just as importantly, the rest of the world--that we in America still stand for something, something other than profits, something other than whatever benefit may be imagined by the steps the President is trying to take with China.

In this case, we are saying we don't believe China should be welcomed into international organizations such as the WTO while China continues to repress, to jail, to murder, and to torture their own citizens simply because those citizens have dared to exercise their faith.

Let me quote a passage from the Clinton State Department's own report on religious freedom that was delivered to the Congress of the United States just this past week. This is the State Department:

In 1999, the Chinese government's respect for religious freedom deteriorated markedly.

The question is, Are we going to stand here today and ignore this, knowing that China abuses, mistreats, and murders its own people? Are we going to ignore the crackdown on Christians that began just last week, during which three Americans--Americans, let me emphasize--were arrested by the Communist Chinese?

Other crimes against religious believers in China abound. In the past couple of years, China has intensified its so-called patriotic reeducation campaign aimed at destroying Tibetan culture and religion. Similar horror stories are taking place in the Muslim northwest where the Chinese Government is smashing, destroying, and stomping anybody who attempts to display any kind of ethnic or true religious identity.

It is naive to believe these abuses will be dealt with by the Commission set up by this legislation. I hope I live long enough to see it happen. I will surpass, I believe, I fear, Senator Thurmond in age before that happens or, more precisely, until hell freezes over because it is not going to happen, not in the lifetime of anybody in this Chamber. The example of the recently created Commission on Religious Freedom is very instructive. After dramatically cataloging the barbaric crackdown on religious freedom in China, the Commission recommended--how do you like them apples?--that permanent normal trade relations not be granted to China at this time. But nobody pays any attention, similar to a train passing in the night.

Here we are today, ready to toss all of those findings, all of the things we know are going on, and say we ought to do it. Not with my vote, Mr. President; not with my vote. That is why we must insist that progress on religious freedom precede China's entry into the WTO. That is precisely what this amendment does. I urge its adoption. I commend the Senator from Minnesota for sponsoring it.

(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)