text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/98

 101 STAT. 1396

PUBLIC LAW 100-204—DEC. 22, 1987

SEC. 744. NORTH ATLANTIC ASSEMBLY. (a) APPOINTMENT OF SECRETARIES TO THE NORTH ATLANTIC ASSEM-

22 USC 1928a.

22 USC 1928b.

BLY DELEGATIONS.—Section 1 of the joint resolution entitled "Joint resolution to authorize participation by the United States in parliamentary conferences of the North Atlantic Treaty Organization", approved July 11, 1956 (22 U.S.C. 1928b; Public Law 84-689), is amended by adding at the end thereof the following new sentences: "Each delegation shall have a secretary. The secretaries of the Senate and House delegations shall be appointed, respectively, by the chairman of the Committee on Foreign Relations of the Senate and the chairman of the Committee on Foreign Affairs of the House of Representatives.". (b) AUTHORIZATION OF APPROPRIATIONS.—Section 2 of such joint resolution is amended— (1) by striking out "$50,000" and inserting in lieu thereof "$75,000"; and (2) by striking out "$25,000" the first place it appears and inserting in lieu thereof "$50,000".

Refugees. 22 USC 2601 note. President of U.S.

SEC. 745. UNITED STATES MEMBERSHIP IN INTERGOVERNMENTAL COMMITTEE FOR EUROPEAN MIGRATION.

Caribbean.

SEC. 746. RECOGNITION OF CARICOM.

The President is hereby authorized to continue membership for the United States in the Intergovernmental Committee for European Migration in accordance with its constitution approved in Venice, Italy, on October 19, 1953, and, upon entry into force of the amendments to such constitution approved in Geneva, Switzerland, on May 20, 1987, to continue membership in the organization under the name International Organization for Migration in accordance with such constitution and amendments. For the purpose of gissisting in the movement of refugees and migrants and to enhance the economic progress of the developing countries by providing for a coordinated supply of selected manpower, there are hereby authorized to be appropriated such amounts as may be necessary from time to time for the payment by the United States of its contributions to the Committee and all necessary salaries and expenses incidental to United States participation in the Committee. It is the sense of the Congress that the Secretary of State should consider recognizing the Caribbean Community and Common Market (CARICOM) as a regional planning organization in the Caribbean.

Reports.

SEC. 747. ASIAN-PACIFIC REGIONAL HUMAN RIGHTS CONVENTION.

Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Congress which— (1) examines the nature and extent of human rights problems in the Asian-Pacific region; and (2) assesses the willingness of the countries in the region to negotiate a regional human rights convention similar to the American Convention on Human Rights, the Conference on Security and Cooperation in Europe, and the African Charter on Peoples' and Human Rights.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/99

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1397

TITLE VIII—INTERNATIONAL NARCOTICS CONTROL SEC. 801. ASSIGNMENT OF DRUG AGENTS ABROAD.

ENFORCEMENT

2 USC 2 5 2 66

note.

ADMINISTRATION

If the Secretary of State, in exercising his authority to establish overseas staffing levels for Federal agencies with activities abroad, authorizes the assignment of any Drug Enforcement Administration agent to a particular United States mission abroad, the Secretary shall authorize the assignment of at least two such agents to that mission. SEC. 802. QUARTERLY REPORTS ON PROSECUTION OF THOSE RESPONSIBLE FOR THE TORTURE AND MURDER OF DRUG ENFORCEMENT ADMINISTRATION AGENTS IN MEXICO.

Section 134(c) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, is amended by striking out "progress made in the Camarena case," and inserting in lieu thereof "progress made in investigating, and prosecuting those responsible for, the 1985 murders of Drug Enforcement Administration agent Enrique Camarena Salazar and his pilot Alfredo Zavala Avelar and the 1986 detention and torture of Drug Enforcement Administration agent Victor Cortez, Junior,".

Enrique Camarena Salazar. Alfredo Zavala Avelar. Victor Cortez, Jr. 99 Stat. 421. 18 USC 3181 note.

SEC. 803. REQUIREMENT THAT EXTRADITION OF DRUG TRAFFICKERS BE A PRIORITY ISSUE OF UNITED STATES MISSIONS IN MAJOR ILLICIT DRUG PRODUCING OR TRANSIT COUNTRIES.

The Secretary of State shall ensure that the Country Plan for the United States diplomatic mission in each major illicit drug producing country and in each major drug-transit country (as those terms are defined in section 481(i) of the Foreign Assistance Act of 1961) includes, as an objective to be pursued by the mission— (1) negotiating an updated extradition treaty which ensures that drug traffickers can be extradited to the United States, or (2) if an existing treaty provides for such extradition, taking such steps as may be necessary to ensure that the treaty is effectively implemented. SEC. 804. INFORMATION-SHARING SYSTEM SO THAT VISAS ARE DENIED TO DRUG TRAFFICKERS.

Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the Congress a report on the status of the comprehensive information system on drug arrests of foreign nationals which was required to be established by section 132 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987.

Reports.

SEC. 805. CERTIFICATION PROCEDURES FOR DRUG PRODUCING AND DRUG-TRANSIT COUNTRIES AND INCLUSION OF SPECIFIC AGENCY COMMENTS.

(a) REPORT.—Section 481(e) of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new paragraph: "(7) Each report pursuant to this subsection shall include specific comments and recommendations by appropriate Federal agencies involved in drug enforcement, including the United States Customs Service and the Drug Enforcement Administration, with respect to

22 USC 2291. Reports.

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:Grimm's Fairy Tales.djvu/389

 Rh let him try these wonderful things, then he might know how to set a value upon them. Then they gave him the cloak, and he wished himself a fly, and in a moment he was a fly. "The cloak is very well," said he; "now give me the sword." "No," said they; "not unless you undertake not to say, 'Heads off!' for if you do, we are all dead men." So they gave it him, charging him to try it only on a tree. He next asked for the boots also; and the moment he had all three in his power, he wished himself at the Golden Mountain; and there he was at once. So the giants were left behind, with no goods to share or quarrel about.

As Heinel came near his castle he heard the sound of merry music; and the people around told him that his queen was about to marry another husband. Then he threw his cloak around him, and passed through the castle-hall, and placed himself by the side of his queen, where no one saw him. But when anything to eat was put upon her plate, he took it away and ate it himself; and when a glass of wine was handed to her, he took it and drank it: and thus, though they kept on giving her meat and drink, her plate and cup were always empty.

Upon this fear and remorse came over her, and she went into her chamber alone, and sat there weeping; and he followed her there. "Alas!" said she to herself, "was I not once set free? why then does this enchantment still seem to bind me?"

"False and fickle one!" said he, "one indeed came who set thee free, and he is now near thee again; but how have you used him? ought he to have had such treatment from thee?" Then he went out and sent away the company, and said the wedding was at an end, for that he was come back to the kingdom. But the

title: Page:Grimm's Fairy Tales.djvu/389


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/100

 101 STAT. 1398

PUBLIC LAW 100-204—DEC. 22, 1987

the degree to which countries listed in the report have cooperated fully with such agencies during the preceding year as described in subsection (h).". 0?) RESOLUTION OF DISAPPROVAL.—Section 481(h) of the Foreign

22 USC 2291.

Assistance Act of 1961 is amended in subparagraph (A), by striking out "30" and inserting in lieu thereof "45". SEC. 806. SANCTIONS ON COUNTRIES.

19 USC 2492.

' '

, h.i.

AND DRUG-TRANSIT

"(d) PRESIDENTIAL ACTION REGARDING AviATION.—

1^ ^ <«' '

PRODUCING

(a) SANCTIONS.—Section 802 of the Trade Act of 1974 is amended— (1) in subsection (a)— (A) by striking out "or" at the end of paragraph (3); (B) by redesignating paragraph (4) as paragraph (6); (C) by amending paragraph (6), as so redesignated, to read as follows: "(6) take any combination of the actions described in paragraphs (1) through (5)."; and (D) by inserting after paragraph (3) the following new paragraphs: "(4) take the steps described in subsection (d)(1) or (d)(2), or both, to curtail air transportation between the United States and that country; "(5) withdraw the personnel and resources of the United States from participation in any arrangement with that country ... for the pre-clearance of customs by visitors between the United States and that country; or"; (2) in subsection (b)— (A) in paragraph (1), by inserting "corruption by government officials and" after "preventing and punishing"; (B) in paragraph (2)(A), by striking out "and" at the end thereof; ' ' (C) in paragraph (2)(B), by striking out the period at the end thereof and inserting in lieu thereof "; and"; and (D) by adding at the end thereof the following new clause: "(C) has taken the legal and law enforcement steps necessary to eliminate, to the maximum extent possible, corruption by government officials, with particular emphasis on the elimination of bribery."; and 12 (8) in subsection (c), by inserting "paragraph (1), (2), or (3) o f after "under"; and (4) by adding at the end thereof the following new subsection:

Transportation.

" •

DRUG

"(1)(A) The President is authorized to notify the government of a country against which is imposed the sanction described in subsection (a)(4) of his intention to suspend the authority of foreign air carriers owned or controlled by the government or nationals of that country to engage in foreign air transportation to or from the United States. "(B) Within 10 days after the date of notification of a government under subparagraph (A), the Secretary of Transportation shall take all steps necessary to suspend at the earliest possible date the authority of any foreign air carrier owned or controlled, directly or indirectly, by the government or nationals of that country to engage in foreign air transportation to or from the United States, notwithstanding any agreement relating to air services.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/101

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1399

"(C) The President may also direct the Secretary of Transportation to take such steps as may be necessary to suspend the authority of any air carrier to engage in foreign air transportation between the United States and that country. "(2)(A) The President may direct the Secretary of State to terminate any air service agreement between the United States and a country against which the sanction described in subsection (a)(4) is imposed in accordance with the provisions of that agreement. "(B) Upon termination of an agreement under this paragraph, the Secretary of Transportation shall take such steps as may be necessary to revoke at the earliest possible date the right of any foreign air carrier owned, or controlled, directly or indirectly, by the government or nationals of that country to engage in foreign air transportation to or from the United States. "(C) Upon termination of an agreement under this paragraph, the Secretary of Transportation may also revoke the authority of any air carrier to engage in foreign air transportation between the United States and that country. "(3) The Secretary of Transportation may provide for such exceptions from paragraphs (1) and (2) as the Secretary considers necessary to provide for emergencies in which the safety of an aircraft or its crew or passengers is threatened. "(4) For purposes of this subsection, the terms 'air transportation', 'air carrier', 'foreign air carrier' and 'foreign air transportation' have the meanings such terms have under section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1301).". (b) CONFORMING AMENDMENT.—The title heading of title VIII of the Trade Act of 1974 is amended to read as follows: "TITLE VIII— TARIFF TREATMENT OF PRODUCTS OF, AND OTHER SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES".

 * ^ n

r

(c) ALIENS EXCLUDABLE FROM ADMISSION TO THE UNITED STATES.—

Section 212(a)(23) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(23)) is amended to read as follows: "(23) Any alien who— "(A) has been convicted of a violation of, or a conspiracy to violate, any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); or "(B) the consular officers or immigration officers know or have reason to believe is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assistor, abettor, conspirator, or colluder with others in the illicit trafficking in any such controlled substance;".

TITLE IX—IMMIGRATION AND REFUGEE PROVISIONS SEC. 901. PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON CERTAIN GROUNDS.

(a) IN GENERAL.—Notwithstanding any other provision of law, no alien may be denied a visa or excluded from admission into the

8 USC 1182 note.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/102

 101 STAT. 1400

PUBLIC LAW 100-204—DEC. 22, 1987

United States, subject to restrictions or conditions on entry into the United States, or subject to deportation because of any past, current, or expected beliefs, statements, or associations which, if engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States. (b) CONSTRUCTION REGARDING EXCLUDABLE ALIENS.—Nothing in

Defense and national security.

Terrorism.

8 USC 1255a note.

this section shall be construed as affecting the existing authority of the executive branch to deport, to deny issuance of a visa to, or to deny admission to the United States of, any alien— (1) for reasons of foreign policy or national security, except . that such deportation or denied may not be based on past, ^t current, or expected beliefs, statements, or associations which, if / engaged in by a United States citizen in the United States, would be protected under the Constitution of the United States; (2) who a consular official or the Attorney General knows or f has reasonable ground to believe has engaged, in an individual capacity or as a member of an organization, in a terrorist -' activity or is likely to engage after entry in a terrorist activity; or f ' (3) who seeks to enter in an official capacity as a representative of a purported labor organization in a country where such organizations are in fact instruments of a totsditarian state. In addition, nothing in subsection (a) shall be construed as applying to an alien who is described in section 212(a)(33) of the Immigration and Nationality Act (relating to those who assisted in the Nazi persecutions), to an alien described in the last sentence of section 101(a)(42) of such Act (relating to those assisting in other persecutions) who is seeking the benefits of section 207, 208, 243(h)(l), or 245A of such Act (relating to admission as a refugee, asylum, withholding of deportation, and legalization), or to an alien who is described in section 21(c) of the State Department Basic Authorities Act of 1956. In paragraph (2), the term "terrorist activity" means the organizing, abetting, or participating in a wanton or indiscriminate act of violence with extreme indifference to the risk of causing death or serious bodily harm to individuals not taking part in armed hostilities. (c) CONSTRUCTION REGARDING STANDING TO SUE.—Nothing in this section shall be construed as affecting standing in any Federal court or in any administrative proceeding. (d) EFFECTIVE PERIOD.—Subsection (a) shall only apply to— (1) applications for visas submitted during 1988; ,,, (2) admissions sought after December 31, 1987, and before
 * , March 1, 1989; and

t^, (3) deportations based on activities occurring during 1988 or •; for which deportation proceedings (including judicial review with respect to such a proceeding) are pending at any time during 1988. SEC. 902. ADJUSTMENT TO LAWFUL RESIDENT STATUS OF CERTAIN NATIONALS OF COUNTRIES FOR WHICH EXTENDED VOLUNTARY DEPARTURE HAS BEEN MADE AVAILABLE.

(a) ADJUSTMENT OF STATUS.—The status of any alien who is a national of a foreign country the nationals of which were provided (or allowed to continue in) "extended voluntary departure" by the Attorney General on the basis of a nationality group determination at any time during the 5-year period ending on November 1, 1987,

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/103

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1401

shall be adjusted by the Attorney General to that of an alien lawfully admitted for temporary residence if the alien— (1) applies for such adjustment within two years after the date of the enactment of this Act; (2) establishes that (A) the alien entered the United States before July 21, 1984, and (B) has resided continuously in the United States since such date and through the date of the enactment of this Act; (3) establishes continuous physical presence in the United States (other than brief, casual, and innocent absences) since the date of the enactment of this Act; (4) in the case of an alien who entered the United States as a nonimmigrant before July 21, 1984, establishes that (A) the alien's period of authorized stay as a nonimmigrant expired not later than six months after such date through the passage of time or (B) the alien applied for asylum before July 21, 1984; and (5) meets the requirements of section 245A(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1255a(a)(4)). The Attorney General shall provide for the acceptance and processing of applications under this subsection by not later than 90 days after the date of the enactment of this Act. (b) STATUS AND ADJUSTMENT OF STATUS.—The provisions of subsections (h), (c)(6), (d), (f), (g), (h), and (i) of section 245A of the Immigration and Nationality Act (8 U.S.C. 1255a) shall apply to aliens provided temporary residence under subsection (a) in the same manner as they apply to aliens provided lawful temporary residence status under section 245A(a) of such Act. SEC. 903. PROCESSING OF CUBAN NATIONALS FOR ADMISSION TO THE UNITED STATES. (a) PROCESSING OF CERTAIN CUBAN POLITICAL PRISONERS AS REFU-

GEES.—In light of the announcement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of the enactment of this Act, consular officers of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants. (b) PROCESSING OF IMMIGRANT VISA APPLICATIONS OF CUBAN NATIONALS IN THIRD COUNTRIES.—Notwithstanding section 212(0

and section 243(g) of the Immigration and Nationality Act, on and after the date of the enactment of this Act, consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries. (c) DEFINITIONS.—For purposes of this section: (1) The term "process" means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications.

..:.;

8 USC 1201 note.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/104

 101 STAT. 1402 s Cambodia. Vietnam. Laos. Hong Kong. Indonesia. Singapore. Philippines. Thailand. Malaysia.

PUBLIC LAW 100-204—DEC. 22, 1987 (2) The term "refugee" has the meaning given such term in section 101(a)(42) of the Immigration and Nationality Act.

SEC. 904. INDOCHINESE REFUGEE RESETTLEMENT.

,

(a) FINDINGS.—It is the sense of the Congress that— (1) the continued occupation of Cambodia by Vietnam and the oppressive conditions within Vietnam, Cambodia, and Laos have led to a steady flight of persons from those countries, and the likelihood for the safe repatriation of the hundreds of thousands of refugees in the region's camps is negligible for the foreseeable future; (2) the United States has already played a major role in responding to the Indochinese refugee problem by accepting approximately 850,000 Indochinese refugees into the United States since 1975 and has a continued interest in persons who have fled and continue to flee the countries of Cambodia, Laos, and Vietnam; ' (3) Hong Kong, Indonesia, Malaysia, Singapore, the Philippines, and Thailand have been the front line countries bear" ing tremendous burdens caused by the flight of these persons; (4) all members of the international community bear a share of the responsibility for the deterioration in the refugee first - asylum situation in Southeast Asia because of slow and limited procedures, failure to implement effective policies for the region's "long-stayer" populations, failure to monitor adequately refugee protection and screening programs, particularly along the Thai-Cambodian and Thai-Laotian borders, and the instability of the Orderly Departure Program (ODP) from Vietnam, which has served as the only safe, legal means of departure from Vietnam for refugees, including Amerasians and long-held "reeducation camp" prisoners; (5) the Government of Thailand should be complemented for allowing the United States to process ration card holders in Khao I Dang and potentially qualified immigrants in Site 2 and in Khao I Dang; (6) given the serious protection problem in Southeast Asian first asylum countries and the need to preserve first asylum in the region, the United States should continue its commitment to an ongoing, generous admission and protection program for Indochinese refugees, including urgently needed educational programs for refugees along the Thai-Cambodian and ThaiLaotian borders, until the underlying causes of refugee flight are addressed and resolved; ' (7) the executive branch should seek adequate funding levels to meet United States policy objectives to ensure the well-being ^ of Indochinese refugees in first asylum, and to process 29,500 Indochinese refugees within the overall refugee admissions level of 68,000 as determined by the President; and (8) the Government of Thailand should be complimented for the progress that has been made in implementing an effective antipiracy program. (b) RECOMMENDATIONS.—The Congress finds and recommends the following with respect to Indochinese refugees: (1) The Secretary of State should urge the Government of Thailand to allow full access by highland refugees to the Lao Screening Program, regardless of the method of their arrival or the circumstances of their apprehension, and should intensify

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/105

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1403

its efforts to persuade the Government of Laos to accept the safe return of persons rejected under the Lao Screening Program. (2) Refugee protection and monitoring activities should be expanded along the Thai-Laotian border in an effort to identify and report on incidents of refugees forcibly repatriated into Laos. (3) The Secretary of State should urge the Government of Thailand to address immediately the problems of protection associated with the Khmer along the Thai-Cambodian border. The Government of Thailand, along with appropriate international relief agencies, should develop and implement a plan to provide for greater security and protection for the Khmer at the Thai border. (4) The international community should increase its efforts to assure that Indochinese refugee camps are protected, that refugees have access to a free market at Site 2, and that international observers and relief personnel are present on a 24-hour-a-day basis at Site 2 and any other camp where it is deemed necessary. (5) The Secretary of State should make every effort to identify each person at Site 2 who may qualify for admission to the United States as an immigrant and for humanitarian parole. (6) The United Nations High Commissioner for Refugees International should be pressed to upgrade staff presence and the level of organizations. advocacy to revive the international commitment with regard to the problems facing Indochinese refugees in the region, and to pursue voluntary repatriation possibilities in cases where monitoring is available and the safety of the refugees is assured. (c) ALLOCATIONS OF REFUGEE ADMISSIONS.—Given the

existing

International organizations.

connection between ongoing resettlement and the preservation of first asylum, the United States and the United Nations High Commissioner for Refugees should redouble efforts to assure a stable and secure environment for refugees while dialog is pursued on other long-range solutions, it is the sense of the Congress that— (1) within the worldwide refugee admissions ceiling deter- President of U.S. mined by the President, the President should continue to recommend generous numbers of admissions from East Asia first asylum camps and from the Orderly Departure Program sufficient to sustain preservation of first asylum and security for Indochinese in Southeast Asia, consistent with worldwide refugee admissions requirements and the consultative processes of the Refugee Act of 1980; (2) within the allocation made by the President for the Or- President of U.S. derly Departure Program from Vietnam, the number of admissions allocated for Amerasians and their immediate family members should also be generous; (3) renewed international efforts must be taken to address the problem of Indochinese refugees who have lived in camps for 3 years or longer; and (4) the Secretary of State should urge the United Nations International High Commissioner for Refugees to organize immediately an organizations. international conference to address the problems of Indochinese refugees. (d) REPORTING.—The President shall submit a report to Congress President of U.S. within 180 days after the date of the enactment of this Act on the respective roles of the Immigration and Naturalization Service and

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/106

 101 STAT. 1404

PUBLIC LAW 100-204—DEC. 22, 1987

the Department of State in the refugee program with recommendations for improving the effectiveness and efficiency of the program. SEC. 905. AMERASIAN CHILDREN IN VIETNAM.

(a) FINDINGS AND DECLARATIONS.—The Congress makes the following findings and declarations: (1) Thousands of children in the Socialist Republic of Vietnam were fathered by American civilians and military personnel. (2) It has been reported that many of these Amerasian children are ineligible for ration cards and often beg in the streets, peddle black market wares, or prostitute themselves. (3) The mothers of Amerasian children in Vietnam are not eligible for government jobs or employment in government enterprises and many are estranged from their families and are destitute. (4) Amerasian children and their families have undisputed ties to the United States and are of particular humanitarian concern to the United States. (5) The United States has a longstanding and very strong commitment to receive the Amerasian children in Vietnam, if they desire to come to the United States. (6) In September 1984, the United States informed the Socialist Republic of Vietnam that all Amerasian children in ...;.K',:. Vietnam, their mothers, and qualifying family members would be admitted as refugees to the United States during a three-year period. (7) Amerasian emigration from Vietnam increased significantly in fiscal year 1985 under the Orderly Departure Program of the United Nations High Commissioner on Refugees. (8) On January 1, 1986, the Socialist Republic of Vietnam unilaterally suspended interviews of all individuals seeking to leave Vietnam legally under the auspices of the Orderly Departure Program for resettlement in the United States. (9) On the 19th and 20th of October 1987, the Socialist Republic of Vietnam permitted the United States to resume 8 ' t. •?'i-;' interviewing Amerasians and their families. Oo) SENSE OF THE CONGRESS.—It is the sense of the Congress that— (1) the United States should maintain its strong commitment to receive the Amerasian children in the Socialist Republic of Vietnam and their families; (2) the Socialist Republic of Vietnam should cooperate fully in facilitating the processing of all Amerasians who desire to be resettled in the United States; and aiJ i,. 1; -;; s!-! (3) the Socialist Republic of Vietnam should cooperate fully in the processing of Amerasians for emigration. Thailand. SEC. 906. REFUGEES FROM SOUTHEAST ASIA. Vietnam. (&) FINDINGS.—The Congress finds that— Laos. (1) the United States remains firmly committed to the security of Thailand and to improving relations between our two nations; (2) the United States refugee resettlement and humanitarian assistance programs constitute an important factor in bilateral relations between the United States and Thailand; .c Jj "•:• 7n;:e 0 i (3) the preservation of first asylum for those fleeing persecution is one of the primary objectives of the United States _, refugee program; _ _

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/107

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1405

(4) the actions of another government in labeling refugee populations as "displaced persons" or closing its borders to new arrivals shall not constitute a barrier to the United States considering those individuals or groups to be refugees; (5) it is in the national interest to facilitate the reunification of separated families of United States citizens and permanent residents, and the Congress will look with disfavor on any nation which seriously hinders emigration for such reunifications; (6) the persecution of the Cambodian people under the Khmer Rouge rule from 1975-1979, which caused the deaths of up to two million people and in which the bulk of the Khmer people were subjected to life in an Asian Auschwitz, constituted one of the clearest examples of genocide in recent history; and (7) the invasion of Cambodia by Vietnam and the subsequent Heng Samrin. occupation of that country by 140,000 Vietnamese troops backing up the Heng Samrin regime, which itself continues to seriously violate the human rights of Cambodians, and the presence of 40,000 heavily armed troops under the control of the same Khmer Rouge leaders, overwhelmingly demonstrate that the life or freedom of any Cambodian not allied with the Khmer Rouge or supporting Heng Samrin would be seriously endangered if such individual were forced by a country of first asylum to return to his or her homeland. (b) STATEMENT OF POLICY.—It is the sense of the Congress that— (1) any Cambodians who are, or had been, at Khao I Dang camp should be considered and interviewed for eligibility for the United States refugee program, irrespective of the date they entered Thailand or that refugee camp; (2) any Cambodian rejected for admission to the United States who can demonstrate new or additional evidence relating to his claim should have his or her case reviewed; (3) the United States should work with the United Nations International High Commissioner for Refugees, the International Committee organizations. of the Red Cross, and the Government of Thailand to improve the security of all refugee facilities in Thailand and to prevent the forced repatriation of Cambodian refugees; (4) the United States should treat with utmost seriousness the continued reports of forced repatriations to Laos of would-be asylum seekers, and should lodge strong and continuous protests with the Thai Government to bring about an end to these repatriations, which endanger the life and safety of those involuntarily returned to Laos; and (5) within the Orderly Departure Program the United States Children and will give high priority consideration to determining the eligi- youth. bility of serious health cases and cases involving children separated from both parents. SEC. 907. RELEASE OF YANG WEI.

(a) FINDINGS.—The Congress makes the following findings: (1) Yang Wei, a Chinese national, studied at the University of Arizona from 1983 until he received his masters of science degree in microbiology in 1986. (2) In May 1986 Yang Wei returned to China to marry Dr. Che Shaoli and arrange for funding for his continued studies under a PhD program at the University of Arizona.

China. Education.

Che Shaoli.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/108

 101 STAT. 1406

PUBLIC LAW 100-204—DEC. 22, 1987 (3) On January 11, 1987, while still an official student at the University of Arizona, Yang Wei was arrested by the Shanghai Public Security Bureau. (4) Yang Wei has been held without charge or trial since January 11, 1987.

Yang Jue. Bi Shuyun.

fi

(5) Mr. Yang's wife, a s t u d e n t a t Baylor Medical College in Houston, Texas, has been refused any information about h e r h u s b and ' s w h e r e a b o u t s or condition by Chinese authorities. (6) Mr. Yang's father, Y a n g J u e, and his m other Bi Shuyun, have been denied all contact w i t h the i r son. (7) The Chinese Criminal Procedure law of 1979, sections 92, 97, 125, and 142 provides for a maximum of four and a half months of detention without charge or t r i a l and Y a n g Wei has now been held over six months, c o n t r a r y to Chinese law. (8) Y a n g Wei has not committed any crime under United States or Chinese law.

(9) Yang Wei and his wife only aspire to freedom and democracy. (10) The treatment of Mr. Yang and his family is frightening to all Chinese students now studying in the West and meant to be so by Chinese authorities. (11) Recently more than two thousand Chinese students signed an open letter to express their concern about recent political developments in their country. (b) POLICY.—It is the sense of Congress that— (1) the People's Republic of China should immediately release Yang Wei; and (2) the United States should consider sympathetically applications for asylum from Chinese students studying in the United States who can, on a case-by-case basis, demonstrate a wellfounded fear of persecution. Anti-Terrorism Act of 1987. Palestine Liberation Organization. 22 USC 5201 note. 22 USC 5201.

TITLE X—ANTI-TERRORISM ACT OF 1987 SEC. 1001. SHORT TITLE.

This title may be cited as the "Anti-Terrorism Act of 1987". SEC. 1002. FINDINGS; DETERMINATIONS.

(a) FINDINGS.—The Congress finds that— (1) Middle East terrorism accounted for 60 percent of total international terrorism in 1985; (2) the Palestine Liberation Organization (hereafter in this title referred to as the "PLO") was directly responsible for the murder of an American citizen on the Achille Lauro cruise liner in 1985, and a member of the PLO's Executive Committee is under indictment in the United States for the murder of that American citizen; (3) the head of the PLO has been implicated in the murder of a United States Ambassador overseas; (4) the PLO and its constituent groups have taken credit for, and been implicated in, the murders of dozens of American citizens abroad; (5) the PLO covenant specifically states that "armed struggle is the only way to liberate Palestine, thus it is an overall strategy, not merely a tactical phase";

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/109

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1407

(6) the PLO rededicated itself to the "continuing struggle in all its armed forms" at the Palestine National Council meeting in April 1987; and (7) the Attorney General has stated that "various elements of the Palestine Liberation Organization and its allies and affiliates are in the thick of international terror". (b) DETERMINATIONS.—Therefore, the Congress determines that the PLO and its affiliates are a terrorist organization and a threat to the interests of the United States, its allies, and to international law and should not benefit from operating in the United States. SEC. 1003. PROHIBITIONS REGARDING THE PLO.

22 USC 5202.

It shall be unlawful, if the purpose be to further the interests of the Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof, on or after the effective date of this title— (1) to receive anything of value except informational material from the PLO or any of its constituent groups, any successor thereto, or any agents thereof; (2) to expend funds from the PLO or any of its constituent groups, any successor thereto, or any agents thereof; or (3) notwithstanding any provision of law to the contrary, to establish or maintain an office, headquarters, premises, or other facilities or establishments within the jurisdiction of the United States at the behest or direction of, or with funds provided by the Palestine Liberation Organization or any of its constituent groups, any successor to any of those, or any agents thereof. SEC. 1004. ENFORCEMENT.

(a) ATTORNEY GENERAL.—The Attorney General shall take the necessary steps and institute the necessary legal action to effectuate the policies and provisions of this title. (b) RELIEF.—Any district court of the United States for a district in which a violation of this title occurs shall have authority, upon petition of relief by the Attorney General, to grant injunctive and such other equitable relief as it shall deem necessary to enforce the provisions of this title. SEC. 1005. EFFECTIVE DATE.

(a) EFFECTIVE DATE.—Provisions of this title shall take effect 90 days after the date of enactment of this Act. (b) TERMINATION.—The provisions of this title shall cease to have effect if the President certifies in writing to the' President pro tempore of the Senate and the Speaker of the House that the Palestine Liberation Organization, its agents, or constituent groups thereof no longer practice or support terrorist actions anywhere in the world.

TITLE XI—GLOBAL CLIMATE PROTECTION SEC. 1101. SHORT TITLE.

This title may be cited as the "Global Climate Protection Act of 1987".

22 USC 5203.

Courts, U.S.

22 USC 5201 note.

Global Climate Protection Act of 1987. Environmental protection. Pollution. 15 USC 2901 note.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/110

 101 STAT. 1408 15 USC 2901

PUBLIC LAW 100-204—DEC. 22, 1987

SEC. 1102. FINDINGS. The Congress finds as follows:

ii t

wu' ,!iOk-'«: '.•&'J:S£'

•r f a' ?JSii •,,.^ •,,,.

International organizations.

' ,

' '^ •

.j '

~

i

.-•

lls^

(1) There exists evidence that manmade pollution—the release of carbon dioxide, chlorofluorocarbons, methane, and other trace gases into the atmosphere—may be producing a longterm and substantial increase in the average temperature on Earth, a phenomenon known as global warming through the greenhouse effect. (2) By early in the next century, an increase in Earth temperature could— (A) so alter global weather patterns as to have an effect on existing agricultural production and on the habitability of large portions of the Earth; and (B) cause thermal expansion of the oceans and partial melting of the polar ice caps and glaciers, resulting in rising sea levels. (3) Important research into the problem of climate change is now being conducted by various United States Government and international agencies, and the continuation and intensification of those efforts will be crucial to the development of an effective United States response. (4) While the consequences of the greenhouse effect may not be fully manifest until the next century, ongoing pollution and deforestation may be contributing now to an irreversible process. Necessary actions must be identified and implemented in time to protect the climate. (5) The global nature of this problem will require vigorous efforts to achieve international cooperation aimed at minimizing and responding to adverse climate change; such international cooperation will be greatly enhanced by United States leadership. A key step in international cooperation will be the meeting of the Governing Council of the United Nations Environment Program, scheduled for June 1989, which will seek to determine a direction for worldwide efforts to control global climate change. (6) Effective United States leadership in the international arena will depend upon a coordinated national policy.

15 USC 2901

SEC. 1103. MANDATE FOR ACTION ON THE GLOBAL CLIMATE.

fnternational agreements.

(^) GOALS OF UNITED STATES POLICY.—United States poHcy s h o u l d seek to—

Research and Scr^nce'and^ technology.

(1) increase worldwide understanding of the greenhouse effect and its environmental and health consequences; (2) foster cooperation among nations to develop more extensive and coordinated scientific research efforts with respect to the greenhouse effect; i. (3) identify technologies and activities to limit mankind's adverse effect on the global climate by— (A) slowing the rate of increase of concentrations of ,,.;; •.. {:^ greenhouse gases in the atmosphere in the near term; and "^r.. - ,:., 1 (B) stabilizing or reducing atmospheric concentrations of ' greenhouse gases over the long term; and (4) work toward multilateral agreements. President of U.S. (b) FORMULATION OF UNITED STATES POLICY.—The President, .^., through the Environmental Protection Agency, shall be responsible for developing and proposing to Congress a coordinated national policy on global climate change. Such policy formulation shall con-

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/111

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1409

sider research findings of the Committee on Earth Sciences of the Federal Coordinating Council on Science and Engineering Technology, the National Academy of Sciences, the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautic and Space Administration, the Department of Energy, the Environmental Protection Agency, and other organizations engaged in the conduct of scientific research. (c) COORDINATION OF UNITED STATES POLICY IN THE INTERNATIONAL

ARENA.—The Secretary of State shall be responsible to coordinate those aspects of United States policy requiring action through the channels of multilateral diplomacy, including the United Nations Environment Program and other international organizations. In the formulation of these elements of United States policy, the Secretary of State shall, under the direction of the President, work jointly with the Administrator of the Environmental Protection Agency and other United States agencies concerned with environmental protection, consistent with applicable Federal law. SEC 1104. REPORT TO CONGRESS.

Not later than 24 months after the date of enactment of this Act, the Secretary of State and the Administrator of the Environmental Protection Agency shall jointly submit to all committees of jurisdiction in the Congress a report which shall include— (1) a summary analysis of current international scientific understanding of the greenhouse effect, including its environmental and health consequences; (2) an Eissessment of United States efforts to gain international cooperation in limiting global climate change; and (3) a description of the strategy by which the United States intends to seek further international cooperation to limit global climate change. SEC. 1105. INTERNATIONAL YEAR OF GLOBAL CLIMATE PROTECTION.

In order to focus international attention and concern on the problem of global warming, and to foster further work on multilateral treaties aimed at protecting the global climate, the Secretary of State shall undertake all necessary steps to promote, within the United Nations system, the early designation of an International Year of Global Climate Protection. SEC. 1106. CLIMATE PROTECTION RELATIONS.

AND

UNITED

STATES-SOVIET

In recognition of the respective leadership roles of the United States and the Soviet Union in the international arena, and of their joint role as the world's two major producers of atmospheric pollutants, the Congress urges that the President accord the problem of climate protection a high priority on the agenda of United StatesSoviet relations.

TITLE XII—REGIONAL FOREIGN RELATIONS MATTERS PART A—SOVIET UNION AND EASTERN EUROPE SEC. 1201. SOVIET BALLISTIC MISSILE TESTS NEAR HAWAII.

(a) FINDINGS.—The Congress finds that—

President of U.S.

15 USC 2901 note.

15 USC 2901 note.

Union of Soviet Socialist Republics. 15 USC 2901 note.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/112

 101 STAT. 1410

PUBLIC LAW 100-204—DEC. 22, 1987

(1) the Union of Soviet Socialist Republics and the United States are presently negotiating a reduction of nuclear weapons and have recently concluded an agreement with respect to reducing the risks of accidental nuclear war; (2) the Soviet Union has recently conducted two tests of its heavy intercontinental ballistic missiles over trajectories similar to those which could be used in actual attacks on the Hawaiian Islands; (3) the announced impact points for reentry vehicles from these tests could have resulted in the overflight of sovereign United States territory, namely the Hawaiian Islands; (4) the Soviet Union reportedly encrypted telemetry from the flight tests in potential violation of the provisions of bilateral arms control agreements; (5) the Soviet Union used a directed energy device, believed to be a laser, to irradiate a United States military aircraft in international airspace that was monitoring the tests, having the potential effect of interfering with our national technical means of verification; (6) had this test misfired, Soviet ballistic missile test reentry vehicles could have landed among the Hawaiian Islands; and (7) the United States does not test strategic missiles in the direction of or in close proximity to sovereign Soviet territory. (b) SENSE OF THE CONGRESS.—It is the sense of the Congress that— (1) the actions of the Soviet Union in testing intercontinental ballistic missiles in the Hawaiian region and irradiating United States monitoring aircraft are provocative, unnecessary, and inconsistent with behavior designed to reduce the risk of nuclear war; (2) the United States Government— (A) should officially and at the highest levels protest these actions by the Soviet Union and should inform the Soviet Union that it cannot tolerate flight tests in close ' proximity to sovereign United States territory or interference with United States monitoring aircraft; and (B) should seek Soviet assurances that such missile testing near United States territory and irradiation of United '* States territory and irradiation of United States aircraft will not occur in the future; and President of U.S. (3) the President should, within 10 days of the date of enactReports. ment of this Act, report to the Congress in both classified and Classified unclassified form, on— information. (A) the details of these Soviet missile tests, including the irradiation of the United States monitoring aircraft; (B) Soviet explanations offered in response to United States protests; and (C) what steps will be taken to ensure that such activities will not happen in the future. Human rights.

SEC. 1202. EMIGRATION OF JEWS AND OTHERS WHO WISH TO EMIGRATE FROM THE SOVIET UNION.

It is the sense of the Congress that the Government of the Soviet Union should— (1) permit the emigration of Jews and others who wish to emigrate from the Soviet Union; (2) remove restrictions on the practice of religion and the exercise of cultural rights; and

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/113

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1411

(3) cease the official harassment of individuals who wish to emigrate, practice their religion, exercise their cultural rights, or engage in free intellectual pursuits. SEC. 1203. SYSTEMATIC NONDELIVERY OF INTERNATIONAL MAIL ADDRESSED TO CERTAIN PERSONS RESIDING WITHIN THE SOVIET UNION.

It is the sense of the Congress that— (1) the President should express to the Government of the Soviet Union the disapproval of the United States regarding the systematic nondelivery of international mail; and (2) at the Congress of the Universal Postal Union in Washing- International ton, District of Columbia, in 1989, the Department of State organizations. should bring to the attention of other member countries of the Universal Postal Union patterns of nondelivery of international mail by the Soviet Union contrary to the Acts of the Universal Postal Union and the delegation of the United States should ask other member countries to support the adoption of amendments to the Universal Postal Convention and other measures to encourage improved postal performance by the Soviet Union. SEC. 1204. UNITED STATES POLICY AGAINST PERSECUTION OF CHRISTIANS IN EASTERN EUROPE AND THE SOVIET UNION.

Human rights.

It is the sense of the Congress that— (1) the President should continue to express to the governments of the Union of Soviet Socialist Republics and Eastern European countries the deep concern and opposition of the United States with respect to the harassment of Christians and other religious believers; (2) the governments of the Union of Soviet Socialist Republics International and Eastern European countries should comply with their organizations, commitments under the United Nations Universal Declaration of Human Rights, the International Covenants on Human Rights, the Final Act of the Conference on Security and Cooperation in Europe, and the Madrid Concluding Document; and (3) the governments of the Union of Soviet Socialist Republics and Eastern European countries should immediately cease persecuting individuals on the basis of their faith and should afford Christians and other believers their internationaly recognized right to freedom of religion. SEC. 1205. OBSERVANCE BY THE GOVERNMENT OF ROMANIA OF THE HUMAN RIGHTS OF HUNGARIANS IN TRANSYLVANIA. The Congress deplores activities of the Government of the Socialist Republic of Romania restricting the internationaly recognized human rights of Hungarians and other nationalities in Transylvania and elsewhere in Romania. SEC. 1206. SELF-DETERMINATION OF THE PEOPLE FROM THE BALTIC STATES OF ESTONIA, LATVIA, AND LITHUANIA.

It is the sense of the Congress that— (1) the continuing desire and right of the people of the Baltic States of Estonia, Latvia, and Lithuania for freedom and independence from the Soviet Union should be recognized; and (2) the President should— (A) direct world attention to the right of self-determination of the people of the Baltic States by issuing on July 26,

Human rights.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/114

 101 STAT. 1412

PUBLIC LAW 100-204—DEC. 22, 1987

^ J:., '

,' ''

1988, a statement that officially informs all member nations of the United Nations of the support of the United States for self-determination of all peoples and nonrecognition of the forced incorporation of the Baltic States into the Soviet Union; (B) call attention to violations of internationaly recognized human rights in the Baltic States; and (C) promote compliance with the human rights and humanitarian provisions of the Helsinki Final Act of the Conference on Security and Cooperation in Europe in the Baltic States.

SEC. 1207. ASSISTANCE IN SUPPORT OF DEMOCRACY IN POLAND.

(a) SUPPORT FOR SOUDARITY.—It is the sense of the Congress that— (1) Solidarity deserves special praise and recognition as the only free and independent trade union in Poland; ' (2) Solidarity reflects the Polish people's desire for free and J democratic institutions and activities; and (3) Solidarity is one of the leading democratic representatives of the Polish working people. -^' V

'.

(b) ASSISTANCE IN SUPPORT OF DEMOCRACY IN POLAND.—Notwith-

standing any other provision of law, of the amounts authorized to be appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund) for fiscal year 1988, not less than $1,000,000 shall be available only for the unconditional support of democratic institutions and activities in Poland.

PART B—LATIN AMERICA AND CUBA International organizations.

. „ fj "' '^ ' '

SEC. 1211. CUBAN HUMAN RIGHTS VIOLATIONS AND THE FAILURE OF THE UNITED NATIONS TO PLACE CUBA ON ITS HUMAN RIGHTS AGENDA.

L (a) FINDINGS.—The Congress finds that— (1) the Universal Declaration of Human Rights, which was € adopted and proclaimed by the General Assembly of the United Nations, states in paragraph 2 of Article 13 that "Everyone has the right to leave any country, including his own, and to return to his country"; (2) the Universal Declaration of Human Rights states in Article 19 that "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media regardless of frontiers"; r (3) the Government of Cuba has violated the Cuban people's internationaly recognized human rights, including freedom of ' movement, emigration, opinion, and expression; (4) Cuban human rights violations are a major obstacle to improved United States-Cuban relations; and (5) the United Nations Human Rights Commission has acted selectively in addressing human rights violations in various countries and has failed to place Cuba on its agenda despite i overwhelming evidence of the continuing disregard and systematic abuse of internationaly recognized human rights by the Government of Cuba. (b) SENSE OF CONGRESS.—It is the sense of the Congress that—

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/115

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1413

(1) the Government of Cuba should respect internationaly recognized human rights, including freedom of movement, emigration, opinion, and expression; and (2) the United States delegation to the United Nations should continue its commendable efforts to bring this issue before the attention of the United Nations and to place Cuban human rights abuses on the agenda of the United Nations Human Rights Commission. (c) DISTRIBUTION OF TEXT TO U.N.

MEMBERS.—The Secretary of

State shall cause the text of this section to be circulated by the United States among the members of the United Nations in order to highlight Cuba's behavior in violation of the Universal Declaration of Human Rights. SEC. 1212. PARTIAL LIFTING NICARAGUA.

OF

THE

TRADE

EMBARGO AGAINST

It is the sense of Congress that the President should exempt from the trade embargo against Nicaragua those items which would benefit Nicaragua's independent print and broadcast media, private sector and trade union groups, nongovernmental service organizations, and the democratic civic opposition. SEC. 1213. TERRORIST BOMBING IN HONDURAS.

(a) FINDINGS.—The Congress finds that— (1) a terrorist bomb exploded on August 8, 1987, in the China Palace restaurant in Comayagua, Honduras; (2) the bomb was directed at American soldiers and did in fact wound American soldiers and an American contractor; (3) the United States military personnel were in Honduras Eissigned to Joint Task Force Bravo; (4) Honduran authorities have named Alfonso Guerrero Ulloa as a suspect in this act of terrorism and have a warrant for his arrest; (5)" the Government of Mexico, contrary to accepted norms of international law on harboring terrorists, has granted asylum to Mr. Guerrero; and (6) the United States Government has protested to the Government of Mexico. OJ) STATEMENT OF POLICY.—It is the sense of the Congress that— (1) the United States Congress deplores the harboring of international terrorists, and (2) the United States Government should call upon the Government of Mexico to turn Mr. Guerrero over to the Government of Honduras. SEC. 1214. HUMAN RIGHTS IN PARAGUAY.

(a) FINDINGS.—The Congress finds that— (1) the Government of Paraguay systematically has violated the internationaly recognized human rights of its citizens; (2) various provisions of Paraguayan law provide for the detention of individuals without trial for an indefinite period of time; (3) the police authorities in Paraguay arbitrarily arrest and detain individuals; and (4) the police authorities have tortured and abused prisoners, resulting in the death of a number of detainees.

Alfonso Guerrero Ulloa. Mexico.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/116

 101 STAT. 1414

PUBLIC LAW 100-204—DEC. 22, 1987

(b) SENSE OF CONGRESS.—The Congress expresses its outrage at the human rights abuses specified in subsection (a), pledges to continually speak out against all governments which commit such abuses, and urges the Government of Paraguay to respect the internationaly recognized human rights of its citizens. PART C—AFRICA SEC. 1221. HUMAN RIGHTS IN ETHIOPIA.

(a) FINDINGS.—The Congress finds that— (1) the Government of Ethiopia has systematically violated the internationaly recognized human rights of its citizens; (2) the Government of Ethiopia holds large numbers of political prisoners and regularly detains without trial many other political opponents of the government; (3) the Government of Ethiopia engages in torture and illtreatment of political prisoners; (4) reliable reports indicate that many political opponents of the Government of Ethiopia "disappear' and that approximately sixty political prisoners were executed in October 1985 without benefit of trial; and (5) over one million Ethiopians have fled the country. (b) SENSE OF CONGRESS.—The Congress expresses its outrage at the human rights abuses specified in subsection (a), pledges to continually speak out against all governments which commit such abuses, and urges the Government of Ethiopia to respect the internationaly recognized human rights of its citizens. Union of Soviet Socialist Republics. Cuba. President of U.S.

President of U.S. Mikhail Gorbachev.

South Africa.

SEC. 1222. UNITED STATES POLICY ON ANGOLA.

(a) FINDINGS.—The Congress finds that— (1) it is in the interest of peace and economic development in southern Africa for the President and the Secretary of State to discuss the conflict in Angola with Soviet leaders; (2) the President has stated that the resolution of regional conflicts such as Angola, Afghanistan, and Nicaragua is critical to improvements in Soviet-American relations; (3) the proposed summit between President Reagan and Secretary General Gorbachev provides the United States with an opportunity to encourage complete Soviet-Cuban withdrawal from Angola, the possible provision of humanitarian assistance, and the holding of free and fair elections; (4) the Marxist regime in Angola known as the Popular Movement for Liberation of Angola (hereafter in this section referred to as the "MPLA") is currently launching a major drysesison offensive against the opposition involving thousands of Cuban troops and billions of dollars in sophisticated Soviet weaponry; (5) the people of Angola are starving because of the hardships resulting from 12 years of civil war and inefficient Marxist economic policies; (6) the MPLA regime has turned to the international community for substantial food aid while continuing to spend most of Angola's national budget on sustaining the war effort, including payments for Cuban troops and Soviet arms; and (7) the growing intensity of the war, the starvation and mounting suffering of the Angolan people, the continued presence in Angola of 37,000 Cuban combat troops and South Afri-

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/117

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1415

can forces, the continued presence and active involvement of 2,500 Soviet military advisers, and the refusal of the MPLA to negotiate with the opposition, increase the urgency of reaching a peaceful solution. O> PoucY.—It is the sense of the Congress that— t) (1) the United States should continue to work toward a peaceful resolution to the Angolan conflict that includes— (A) the complete withdrawal of all foreign forces and Soviet military advisers; (B) a negotiated settlement to the 12-year conflict leading to the formation of a government of national unity and the holding of free and fair elections; and (C) efforts by the President and the Secretary of State to President of U.S. convey to Soviet leaders at the proposed summit and in other meetings that the aggressive military build-up in ^,, Angola undermines positive bilateral relations and that the . V United States is committed to supporting democratic forces in Angola until democracy is achieved; (2) the people of Angola should not be left to starve because of Human rights. the MPLA regime; (3) the United States should consider responding to the Human rights. humanitarian needs of the Angolan people, and if humanitarian assistance is provided, such assistance should be distributed in an evenhanded manner, so that Angolans throughout the entire war-torn country are provided with food and basic medical care; (4) any humanitarian assistance should be distributed through private and voluntary organizations or nongovernmental organizations; and (5) within 180 days after the date of the enactment of this Act, Reports. the Secretary of State should prepare and transmit to the Congress a report detailing the progress of discussions between the Soviet Union and the United States on the conflict in Angola. SEC. 1223. FORCED DETENTION BY THE AFRICAN NATIONAL CONGRESS AND THE SOUTH AFRICAN GOVERNMENT.

Human rights. Reports.

Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Congress on any detention camps maintained by the African National Congress and on detention in South Africa since the South African Government enacted a State of Emergency in June 1986. SEC. 1224. DETENTION OF CHILDREN IN SOUTH AFRICA.

(a) FINDINGS.—The Congress finds that— (1) the Government of the Republic of South Africa under its system of apartheid repeatedly has detained black children without charge or trial, and has denied parental access to these children for extended periods of time; (2) the Detainees' Parents' Support Committee of South Africa has compiled information estimating that more than 25,000 people were detained since June 12, 1986, under state of emergency regulations, and approximately 10,000 of these were children, including some as young as age 10; (3) the Government of the Republic of South Africa has stated on numerous occasions that it has detained children without charge, and that on a certain day in December 1986, 256 children under the age of 16 were in detention; that on a certain

Human rights.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/118

 101 STAT. 1416

PUBLIC LAW 100-204—DEC. 22, 1987

day in February 1987, 281 children under the age of 15 were in detention; that on a certain day in April 1987, 1,424 children under the age of 18 were in detention; and that on a certain day in May 1987, 280 children under the age of 16 were in detention; and that as of June 2, stated that eleven children under the age of 16 were in detention; and as of October, 69 children under the age of 18 are still in detention; and (4) human rights groups in South Africa estimate that many more children have been detained under state of emergency regulations than the Government of the Republic of South Africa admits; (5) the state of emergency regulations allow for the detention ftj^l.. ' of individuals without charge for an indefinite period of time; and Edward J. (6) the United States Ambassador to South Africa Edward J. Perkins. Perkins has stated that such detentions are "a most serious abuse of human rights, particularly so where detednees are children as young as 11". '- " (b) PoucY.—The Congress hereby— (1) calls for the cessation of the practice of detaining children under 18 years of age without charge or trial in South Africa; (2) calls for the South African Government either to release all children in South Africa held under state of emergency regulations and other laws which authorize detention without charge or, in those cases where an internationaly recognized criminal act has allegedly been committed, charge them and allow them their rights of a fair and public trial; ^ (3) pending the release of the children, calls on the Government of the Republic of South Africa to— (A) permit the detained children immediate and frequent ,, access to parents and legal counsel; (B) make public the names and locations of all the detained children; 5 ^ if^w(C) provide the detained children with adequate food, clothing, and protection; and ^_ff (D) permit a recognized, independent, and impartial international humanitarian organization to verify that the provisions of this section are being carried out and that the jf, ^ detained children are not being abused, tortured, or held in solitary confinement, and are not being held in detention in the company of adults; and .5,, I-:.'NT' M (4) calls for the apprehension and trial of all those individuals who execute children by violent activities, including necklacing, and the cessation of these activities.

International

israeT^^ ^°"^ Union of Soviet Socialist Republics.

PART D—MIDDLE EAST

v

SEC. 1231. MIDDLE EAST PEACE CONFERENCE.

(a) FINDINGS.—The Congress finds that— (1) the General Assembly of the United Nations recognized the sovereignty of the State of Israel through Resolution 181 of jg^rj ^^^ ^y^e right of all Israeli citizens to live within secure and recognized boundaries through Resolutions 242 and 338 of 1973; (2) the Government of the Soviet Union severed diplomatic relations with the State of Israel in 1967 and has opposed every recent United States initiative for direct, bilateral negotiations

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/119

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1417

among the warring parties of the Middle East including the Camp David accords of 1979 and the Reagan plan of 1982; (3) the Government of the Soviet Union has further dem- Human rights. onstrated its lack of respect for the integrity of the Israeli state by systematically denying exit visas to Soviet Jews who wish to live and work in the State of Israel; and (4) a permanent and equitable settlement of the Middle Eastern conflict can result only from agreements between the Arab States and Israel. (b) POLICY.—It is the sense of the Congress that the United States should not actively encourage the participation of the Soviet Union in any conference, meeting, or summit on the Arab-Israeli conflict which includes nations other than those in the Middle East unless the Government of the Soviet Union has either— (I)(A) reestablished diplomatic relations with the State of Israel at the ambassadorial level; (B) publicly reaffirmed its acceptance of United Nations Resolutions 242 and 338; and (C) substantially increased and maintained the number of exit Human rights. visas granted to Jewish individuals and families within the Soviet Union who have applied for emigration to the State of Israel; or (2) been jointly invited by the governments of the states in the region involved in the talks. SEC. 1232. UNITED STATES POLICY TOWARD LEBANON.

(a) FINDINGS.—The Congress makes the following findings: (1) After nearly 13 years of civil conflict and foreign intervention, the situation in Lebanon appears no closer to resolution. (2) Through most of the last dozen years, the Lebanese have managed to continue economic activity sufficient to stave off economic collapse and provide its citizens with basic necessities. (3) During the past year, however, the collapse in the v£due of the Lebanese pound from less than 40 to the dollar to nearly 300 has made the importation of wheat, rice, and other basic commodities prohibitively expensive. (4) As a result, for the first time, the Lebanese are faced with the prospect of starvation. (5) Hizballah and other radical elements are taking advantage of the current economic crisis by providing foreign supplied food. In so doing, they are winning converts to their cause and radicalizing the youth. (6) It is in the interest of the United States to support the traditional Lebanese free enterprise system of distribution of food which until now has been able to compete successfully with these radical movements. (b) SENSE OF CONGRESS.—It is the sense of the Congress that the United States should base its policy toward Lebanon on the following principles: (1) Preservation of the unity of Lebanon. (2) Withdrawal of all foreign forces from Lebanon. (3) Recognition of and respect for the territorial integrity of Lebanon. (4) Reassertion of Lebanese sovereignty throughout the nation and recognition that it is the responsibility of the Government of Lebanon for its safekeeping.

Agriculture and agricultural commodities. Hunger.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/120

 101 STAT. 1418 Terrorism. '

Maritime affairs.

Armed Forces. Iran.

President of U.S.

Iran. Armed Forces.

PUBLIC LAW 100-204—DEC. 22, 1987

(5) Restablishment of the authority of the Government of Lebanon throughout the nation is a prerequisite for a lasting solution to the problem of international terrorism emanating from Lebanon. (c) FURTHER SENSE OF CONGRESS.—It is the further sense of Congress that the provision of at least 200,000 tons of wheat and 30,000 tons of rice through Public Law 480, title I and section 416 of the Agriculture Act of 1949 to the Government of Lebanon is in the interest of the United States. Provision of this assistance will meet the United States policy objective of strengthening the Central Government as well as helping alleviate a serious hunger problem. SEC. 1233. ACTING IN ACCORDANCE WITH INTERNATIONAL LAW IN THE PERSIAN GULF.

(a) FINDINGS.—The Congress makes the following findings: (1) According to Article 2 of the 1958 Geneva Convention on the High Seas, every state is entitled to exercise free and open use of the high seas for the navigation of its vessels. (2) On September 22, 1987, United States Navy forces discovered the Iranian ship Iran Ajr laying mines in international waters of the Persian Gulf, and fired upon that ship to help terminate the mining. (3) On September 23, 1987, President Reagan declared that this United States action was "authorized by law", and a statement was issued by the State Department that the United States had the right under international law to use "reasonable and proportionate force" to terminate the mining. (b) POLICY.—It is the sense of the Congress that— (1) by mining the high seas of the Persian Gulf without notifying nonbelligerent nations engaged in maritime commerce, the Government of Iran violated international law; (2) the use of force by the United States Navy to terminate that Iranian mining was justified under international law; and (3) fostering broader adherence to international law promotes the security interests of the United States. SEC. 1234. UNITED STATES POLICY TOWARD THE IRAN-IRAQ WAR.

Petroleum and petroleum products.

International organizations.

(a) FINDINGS.—The Congress finds that— (1) the continuation of the Iran-Iraq war threatens the security and stability of all states in the Persian Gulf; (2) stability in the Persian Gulf and the flow of oil is critical to world trade and the economic health of the West; (3) the conflict between Iran and Iraq threatens United States strategic and political interests in the region; (4) the conflict threatens international commercial shipping interests and activities; and (5) the Iran-Iraq war has continued seven years with more than 1,500,000 casualties. (b) POLICY.—The Congress declares it to be the policy of the United States consistent with United Nations Security Council Resolution 598— (1) to support the withdrawal of both Iran and Iraq to internationaly recognized boundaries; (2) to support an immediate cease-fire; (3) to endorse the peaceful resolution of this conflict under the auspices of the United Nations;

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/121

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1419

(4) to encourage all governments to refrain from providing military supplies to any party which refuses to abide by United Nations Security Council Resolution 598; (5) to recognize that stability and security in the Persian Gulf will only be achieved if Iran and Iraq are at peace and agree not to interfere in the affairs of other nations through military action or the support of terrorism; and (6) to urge strict observance of international humanitarian law by both sides and to support financially the International Committee of the Red Cross' special appeal for prisoners of war.

Terrorism.

SEC. 1235. IRAN HUMAN RIGHTS VIOLATIONS.

(a) FINDINGS.—The Congress finds that— (1) the United Nations has passed nine resolutions condemning the violation of human rights in Iran; (2) the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities stressed in Resolution 1987-12 that to date, more than two-hundred thousand Iranians have been imprisoned, tortured or executed because of their beliefs; (3) the United Nations Commission on Human Rights confirms seven thousand executions in Iran between 1978 and 1985, and attests that the actual number is probably much higher; (4) despite the persistent requests over the past six years by the United Nations and by many human rights organizations that the Iranian Government allow a special representative of the United Nations Security Council to inspect Iranian prisons and to determine the true extent of torture in Iran, such requests have been ignored by the Iranian Government; (5) executions, including executions of children and members of religious minorities, still take place in Iran; (6) the Khomeini government has brought the domestic economy of Iran to the brink of ruin by pouring the resources of the country into war making; (7) Iran has rejected all proposals to end the seven year IranIraq war; (8) Iran has not responded positively to United Nations Security Council Resolution 598 which calls for an end to the Iran-Iraq war; (9) the Khomeini government continues to attack and intimidate the other countries of the Persian Gulf region; and (10) it is known that the Khomeini government supports terrorism and has used hostage taking as an instrument of foreign policy. (b) POLICY.—Now, therefore, the CongressCD expresses concern for those citizens who must endure war and unprecedented repression; (2) supports an official United States policy of completely halting the shipment of any kind of armament to the Government of Iran; and (3) urges that the President continue to make every effort to cooperate with the other nations of the United Nations to bring about an end to government sponsored torture in Iranian prisons, to pressure Iran to permit inspection of Iranian prisons by an international delegation, and to respect internationaly recognized human rights.

International organizations.

.:.,

,, '"

^ .^" "

Terrorism,

President of U.S.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/122

 101 STAT. 1420 Human rights.

PUBLIC LAW 100-204—DEC. 22, 1987

SEC. 1236. IRANIAN PERSECUTION OF THE BAHA'IS.

.nr c-r/[

(a) POLICY.—It is the sense of the Congress that— (1) the Government of Iran has systematically discriminated < against the Baha'i community, including the arbitrary detention, torture, and killing of Baha'is, the seizure of Baha'i property, and the outlawing of the Baha'i faith; and (2) Iran's gross violations of the human rights of the Baha'i community are in direct contravention of the Charter of the Rights. OJ) IMPLEMENTATION OF POLICY.—It is the sense of Congress that the President shall take all necessary steps to focus international attention on the plight of the Baha'i community and to bring pressure to bear on the Government of Iran to cease its insidious policy of persecution.
 * United Nations and the United Nations Declaration of Human

PARTE—ASIA Human rights.

SEC. 1241. SOVIET OCCUPATION OF AFGHANISTAN. (a) FINDINGS ON SOVIET ACTIONS IN AFGHANISTAN.—The Congress

Children and youth.

' "

?~ '

'

!

finds that— (1) the Soviet Union has been waging war against the people of Afghanistan since the invasion of December 25, 1979; (2) the victims of the Soviet invasion and occupation include more than 1,000,000 dead and more than 3,000,000 Afghans forced to find refuge in neighboring countries; (3) Soviet military tactics have included the bombing and napalming of villages without regard to the human toll, the destruction of crops, agricultural land, and orchards so as to create famine conditions, and the massacre of hostages and other innocent civilians; (4) children have been particular victims of Soviet aggression, with some being targeted for death by the dropping of boobytrapped toys while other children have been transported to the Soviet Union for indoctrination; (5) the Soviet-installed puppet regime has engaged in a consistent pattern of gross violations of the human rights of its own citizens, including torture and summary execution, for ^ which its Soviet sponsors must also be held accountable; and (6) Soviet actions in Afghanistan constitute a violation of international law and of accepted norms of human decency and, therefore, must be condemned by civilized people ever3rwhere. ft)) FINDINGS ON THE AFGHAN RESISTANCE.—The Congress further finds that— (1) the Afghan people have heroically resisted the Soviet '* invaders in spite of the tremendous cost of so doing and now control most of their homeland; •: • (2) the provision of effective assistance to the Afghan people is ••'' an obligation of those who cherish freedom; (3) a total and prompt withdrawal of all Soviet forces from Afghanistan is essential in order for the Afghan people to exercise their inalienable human right to self-determination; and (4) a negotiated settlement providing for the total and prompt withdrawal of Soviet forces offers the best prospect for an early end to the suffering of the Afghan people.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/123

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1421

(c) DECLARATION OF POLICY.—The Congress, therefore, declares it to be the policy of the United States— (1) to provide such assistance to the Afghan people as will most effectively help them resist the Soviet invaders; (2) to support a negotiated settlement to the Afghanistan war - providing for the prompt withdrawal of all Soviet forces from "' '"'-' Afghanistan within a time frame based solely on logistical criteria; and (3) to communicate clearly to the Government and people of the Soviet Union the necessity of a Soviet withdrawal from Afghanistan as a condition for better relations between the United States and the Soviet Union. (d) PROVISION OF ASSISTANCE.—The President and Secretary of President of U.S. State are directed to adopt policies and programs to ensure that all assistance intended for the Afghan people reaches its intended recipients and that theft or diversion of such assistance not be tolerated. SEC. 1242. REPORT ON ADMINISTRATION POLICY ON AFGHANISTAN.

(a) FINDINGS.—The Congress finds that— (1) each of the substantive sanctions imposed on the Soviet Union by the United States to protest the Soviet invasion of Afghanistan have been lifted; (2) although the administration's policy on Afghanistan states \ that only "steadily increasing pressure on all fronts—military, political, diplomatic—will induce the Soviets to make the political decision to negotiate the withdrawal of their forces", political and diplomatic pressures on the Soviet Union have decreased rather than increased; (3) in the absence of a coordinated and aggressive policy by - the administration regarding the war in Afghanistan, the Congress has been forced to unilaterally implement numerous pro^ J grams to bring "steadily increasing pressure" to bear on the Soviet Union; and (4) despite the failure of Soviet troops to withdraw from Afghanistan, and the serious deterioration with regard to the situation of human rights in Afghanistan, the administration is planning to lift further sanctions and initiate increasing areas of cooperation with the Soviet Union. (b) REPORT TO CONGRESS.—(1) Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall provide the chairman of the Senate Foreign Relations Committee and the chairman of the House Foreign Affairs Committee with a report listing each sanction imposed against the Soviet Union by the United States since the first anniversary of the Soviet invasion of Afghanistan, a detailed explanation for the lifting of each sanction, and a detailed analysis of the benefit to the Soviet Union incurred by the lifting of each sanction. (2) Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall provide the chairman of the Senate Foreign Relations Committee and the chairman of the House Foreign Affairs Committee a comprehensive list of all areas of ongoing cooperation that could be withheld from the Soviet Union. (3) Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall provide the chairman of the Senate Foreign Relations Committee and the chairman of the House Foreign Affairs Committee with a detailed and comprehensive report in

Union of Soviet Socialist Republics.

Human rights.

Classified information.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/124

 101 STAT. 1422

PUBLIC LAW 100-204—DEC. 22, 1987

a suitably classified form, and in an uncleissified form, containing the disposition of Soviet military forces in the Afghanistan region and an account of any troop withdrawals and any new troop deployments. Dalai Lama.

•

SEC. 1243. HUMAN RIGHTS VIOLATIONS IN TIBET BY THE PEOPLE'S REPUBLIC OF CHINA.

(a) FINDINGS.—The Congress finds that— (1) on October 1, 1987, Chinese police in Lhasa fired upon several thousand unarmed Tibetan demonstrators, which included hundreds of women, children, and Tibetan Buddhist monks, killing at least six and wounding many others; (2) on September 27, 1987, a peaceful demonstration in Lhasa calling for Tibetan independence and the restoration of human rights in Tibet, which was led by hundreds of Tibetan monks, was violently broken up by Chinese authorities and 27 Tibetan Buddhist monks were arrested; (3) in the wake of His Holiness the Dalai Lama's five point peace plan, which was presented to Members of the United States Congress during his visit to Washington in September 1987, Chinese authorities in Tibet staged, on September 24, 1987, a mass political rally at which three Tibetans were given death sentences, two of whom were executed immediately; (4) beginning October 7, 1950, the Chinese Communist army invaded and occupied Tibet; (5) since that time, the Chinese Government has exercised dominion over the Tibetan people, who had always considered themselves as independent, through the presence of a large occupation force; (6) over 1,000,000 Tibetans perished from 1959 to 1979 as a direct result of the political instability, executions, imprisonment, and widescale famine engendered by the policies of the People's Republic of China in Tibet; (7) after 1950, particularly during the ravages of China's Cultural Revolution, over 6,000 monasteries, the repositories of 1,300 years of Tibet's ancient civilization, were destroyed and their irreplaceable national legacy of art and literature either destroyed, stolen, or removed from Tibet; (8) the exploitation of Tibet's vast mineral, forest, and animal reserves has occurred with limited benefit to the Tibetan people; (9) Tibet's economy and education, health, and human services remain far below those of the People's Republic of China as a whole; (10) the People's Republic of China has encouraged a large infiux of Han-Chinese into Tibet, thereby undermining the political and cultural traditions of the Tibetan people; (11) there are credible reports of many Tibetans being incarcerated in labor camps and prisons and killed for the nonviolent expression of their religious and political beliefs; (12) His Holiness the Dalai Lama, spiritual and temporal leader of the Tibetan people, in conjunction with the 100,000 refugees forced into exile with him, has worked tirelessly for almost 30 years to secure peace and religious freedom in 'Tibet, as well as the preservation of the Tibetan culture;

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/125

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1423

(13) in 1959, 1961, and 1965, the United Nations General Assembly called upon the People's Republic of China to end the violations of Tibetans' human rights; (14) on July 24, 1985, 91 Members of the Congress signed a letter to President Li Xiannian of the People's Republic of China expressing support for direct talks between Beijing and representatives of His Holiness the Dalai Lama and the Tibetans in exile, and urging the Government of the People's Republie of China "to grant the very reasonable and justified aspirations of His Holiness the Dalai Lama and his people every consideration"; (15) on September 27, 1987, the chairman and ranking minority member of the Senate Foreign Relations Committee, the chairman and ranking minority member of the House Foreign Affairs Committee, and the Co-Chairman of the Congressional Human Rights Caucus signed a letter to his Excellency Zhao Ziyang, the Prime Minister of the People's Republic of China, expressing their "grave concern with the present situation in Tibet and welcomeTd) His Holiness the Dalai Lama's (five point) proposal as an historic step toward resolving the important question of Tibet and alleviating the suffering of the "ribetan people... (and) express(ing) their full support for his proposal."; and (16) there has been no positive response by the Government of the People's Republic of China to either of these communications. (b) STATEMENT OF POLICIES.—It is the sense of the Congress that— (1) the United States should express sympathy for those Tibetans who have suffered and died as a result of fighting, persecution, or famine over the past four decades; (2) the United States should make the treatment of the Tibetan people an important factor in its conduct of relations with the People's Republic of China; (3) the Government of the People's Republic of China should respect internationaly recognized human rights and end human rights violations against Tibetans; (4) the United States should urge the Government of the People's Republic of China to actively reciprocate the Dalai Lama's efforts to establish a constructive dialogue on the future of Tibet; (5) Tibetan culture and religion should be preserved and the Dalai Lama should be commended for his efforts in this regard; (6) the United States, through the Secretary of State, should address and call attention to the rights of the Tibetan people, as well as other non-Han-Chinese within the People's Republic of China such as the Uighurs of Eastern Turkestan (Xinjiang), and the Mongolians of Inner Mongolia; (7) the President should instruct United States officials. including the United States Ambassadors to the People's Republic of China and India, to pay greater attention to the concerns of the Tibetan people and to work closely with all concerned about human rights violations in Tibet in order to find areas in which the United States Government and people can be helpful; and (8) the United States should urge the People's Republic of China to release all political prisoners in Tibet.

International organizations. Li Xiannian.

••••T^<:.,A

Zhao Ziyang.

_,,^

.,,

Mongolia.

'

President of U.S.

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/126

 101 STAT. 1424

PUBLIC LAW 100-204—DEC. 22, 1987

Appropriation authorization.

(c) TRANSFER OF DEFENSE ARTICLES.—With respect to any sale, licensed export, or other transfer of any defense articles or defense services to the People's Republic of China, the United States Government shall, consistent with United States law, take into account the extent to which the Government of the People's Republic of China is acting in good faith and in a timely manner to resolve human rights issues in Tibet. (d) MIGRATION AND REFUGEE ASSISTANCE.—Within 60 days after the date of the enactment of this Act, the Secretary of State shall determine whether the needs of displaced Tibetans are similar to those of displaced persons and refugees in other parts of the world and shall report that determination to the Congress. If the Secretary makes a positive determination, of the amounts authorized to be appropriated for the Department of State for "Migration and Refugee Assistance" for each of the fiscal years 1988 and 1989, such sums as are necessary shall be made available for assistance for displaced Tibetans. The Secretary of State shall determine the best means for providing such assistance. (e) SCHOLARSHIPS.—For each of the fiscal years 1988 and 1989, the Director of the United States Information Agency shall make available to Tibetan students and professionals who are outside Tibet not less than 15 scholarships for study at institutions of higher education in the United States.

Vietnam.

SEC. 1244. SUPPORT FOR THE RIGHT OF SELF-DETERMINATION FOR THE CAMBODIAN PEOPLE.

•ms-y

Reports.

Heng Samrin. Union of Soviet Socialist Republics.

Human rights.

Pol Pot.

Heng Samrin. Norodom Sihanouk.

(a) FINDINGS.—The Congress finds that— (1) the Socialist Republic of Vietnam, in violation of its obligations under international law including the United Nations Charter, invaded Cambodia in December 1978; (2) in January 1979, Vietnam installed a puppet government in Phnom Penh, Cambodia, headed by Heng Samrin; (3) eight years later Vietnam continues, with Soviet backing, to occupy Cambodia with some 140,000 troops; (4) by invading and occupying Cambodia, the Government of the Socialist Republic of Vietnam violated its obligation, undertaken upon becoming a member of the United Nations in 1977, not to use force against the territorial integrity or political c. independence of any state; (5) Vietnam has attempted to submerge Cambodian culture .V- and heritage through the settlement of large numbers of Vietnamese in Cambodia; (6) human rights observers have noted a pattern of torture, political detention, inhumane treatment, and other abuses of human rights by officials of the Vietnamese-backed puppet y, Cambodian regime; (7) the Vietnamese occupation of Cambodia has compounded the hardship and suffering of a people which had previously suffered barbaric crimes of genocide under Pol Pot's Khmer Rouge and has caused hundreds of thousands of Cambodians to flee their own country; (8) in recognition of the illegal occupation of Cambodia by the Vietnamese, the United Nations has refused to recognize the credentials of the Heng Samrin regime and has instead contin1^; ued to recognize the credentials of the Government in Exile led by Prince Norodom Sihanouk; .,, ^. r, r;

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/127

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1425

(9) the member states of the United Nations for the eighth time, and by a record vote, approved a resolution at the forty-second session of the General Assembly csdling for the withdrawal of foreign troops from Cambodia; (10) the 1981 United Nations-sponsored International Conference on Kampuchea called for the early withdrawal of foreign troops and the holding of free elections under United Nations sujjervision; (11) the Government of the Socialist Republic of Vietnam has thus far rejected the efforts of the Association of Southeast . ••••• Asian Nations and supported by the United States to resolve s the situation in Cambodia; and (12) in the absence of a settlement, the non-Communist Cambodian forces continue to wage a war of resistance agsiinst Vietnamese occupation forces. (b) STATEMENT OF POLICY.—The Congress—

(1) deplores the continued violation of the sovereignty and territorial independence of Cambodia by the Socialist Republic of Vietnam; (2) calls upon the Government of the Socialist Republic of Vietnam to immediately withdraw all of its occupation forces from Cambodia and to negotiate a settlement which restores self-determination to the Cambodian people; (3) believes that such negotiations and withdrawal by Vietnam, together with a satisfactory accounting of Americans still missing in action, would constitute positive steps that would help facilitate the prospect of an end to Vietnemi's isolation in the world community and an improvement of its relations with the United States; (4) supports the efforts of the member nations of the Association of Southeast Asian Nations (ASEAN), the United Nations Secretary General, and the non-Communist Cambodian people to achieve a political settlement which would include such elements as internationaly supervised free and fair elections, as well as assurances that there will be no return to the genocidal policies of the Pol Pot regime; (5) supports efforts to establish an international tribunal to bring to justice those Khmer Rouge leaders during the reign of Pol Pot, and any others, responsible for crimes of genocide against the Cambodian people; and (6) calls upon the international community to observe a special day of remembrance— (A) in recognition of the suffering of the Cambodian people under Pol Pot, (B) in protest of the efforts of Vietnam to suppress the basic human rights, culture, and way of life of the Cambodian people, and (C) in protest of the illegal occupation of Cambodia by Vietnamese troops. SEC. 1245. HUMAN RIGHTS IN THE PEOPLE'S REPUBLIC OF CHINA.

(a) FINDINGS.—The Congress finds that— (1) the advancement of human rights is a stated objective of the foreign policy of the United States; (2) the constitutional guarantees of freedom of speech, press, and peaceful assembly have not been adequately respected in the People's Republic of China;

Pol Pot.

,. . ' '"" V '

'

> ^

�


text:
Page:United States Statutes at Large Volume 101 Part 3.djvu/128

 101 STAT. 1426 Religion.

PUBLIC LAW 100-204—DEC. 22, 1987

4 9

/

(3) the exercise of religious activities has a detrimental effect on a participant's civil, social, and economic status within the People's Republic of China; (4) the freedom of movement and the freedom to form independent trade unions and other voluntary associations are severely curtailed; (5) there have been some encouraging developments including an effort by the current leadership of the People's Republic of China to develop economic policies without regard to a rigid application of Maoist ideology; and .r (6) the American people desire to extend their moral support to the struggle for freedom and justice within the People's Republic of China, (b) SENSE OF CONGRESS.—It is the sense of the Congress that the leadership of the People's Republic of China should take necessary steps toward establishing a more democratic society, with a free and open political system that will protect the essential human rights of all people living within that country. SEC. 1246. DEMOCRACY IN TAIWAN.

Chiang Chingkuo. Human rights.

Human rights.

,?

(a) FINDINGS.—The Congress finds that— (1) stability and peace prevail on the island of Taiwan and in the Western Pacific region; (2) economic vitality, educational advancement, and social progress have created conditions favoring the furtherance of democracy in Taiwan; (3) the people of Taiwan, in both national and local elections, •i have shown themselves fully capable of participating in a democratic political process; (4) the authorities on Taiwan are nurturing a transition toward more truly democratic and representative political institutions, although a minority of the seats in the central legislature and central electoral college are filled through periodic elections, with the majority of seats still being held by individuals who took office in the late 1940s; (5) on September 28, 1986, Taiwan's democratic opposition announced the formation of the Democratic Progressive Party; (6) on October 7, 1986, President Chiang Ching-kuo, announced that the Kuomintang intended to end the state of martial law and to lift the ban on the creation of new political parties; (7) the lifting of martial law in July and the release of detainees symbolize the growing respect for human rights and freedom of expression on Taiwan; (8) the Kuomintang has indicated a desire over the next few years to make more representative Taiwan's central representative bodies, to broaden decisionmaking within the Nationalist Party, to enhance the rule of law, and to increase the powers of local-level government; and (9) our common Commitment to democratic institutions and values is an increasingly strong bond between the people of the United States and the people of Taiwan and an acceleration of progress toward a full democracy on Taiwan, including full ? respect for human rights, will strengthen United States ties with the people on Taiwan. (b) SENSE OF CONGRESS.—The C o n g r e s s -

�