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Committee Reports for the 108th Congress | |
| House Report 108-130 | 1 of 1 | |
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19-008
1st Session
108-130
| MAY 22, 2003- Referred to the House Calendar and ordered to be printed | |
| Mr. SENSENBRENNER, from the Committee on the Judiciary, submitted the following | |
| R E P O R T | |
| [To accompany H. Res. 193] | |
| [Including the committee cost estimate] |
- The Committee on the Judiciary, to whom was referred the resolution (H. Res. 193) reaffirming support of the Convention on the Prevention and Punishment of the Crime of Genocide and anticipating the 15th anniversary of the enactment of the Genocide Convention Implementation Act of 1987 (the Proxmire Act) on November 4, 2003, having considered the same, report favorably thereon without amendment and recommend that the resolution be agreed to.
| CONTENTS | Page | |
| Purpose and Summary | 2 | |
| Background and Need for the Legislation | 2 | |
| Hearings | 4 | |
| Committee Consideration | 4 | |
| Vote of the Committee | 4 | |
| Committee Oversight Findings | 4 | |
| New Budget Authority and Tax Expenditures | 4 | |
| Committee Cost Estimate | 4 | |
| Performance Goals and Objectives | 4 | |
| Constitutional Authority Statement | 4 | |
| Textual Analysis and Discussion | 5 | |
| Agency Views | 5 | |
| Changes in Existing Law Made by the Bill, as Reported | 6 | |
| Markup Transcript | 6 |
PURPOSE AND SUMMARY
H. Res. 193 acknowledges the 15th anniversary of the enactment of the Genocide Convention Implementation Act of 1987 (`the Proxmire Act') on November 4, 2003, and encourages the people and Government of the United States to rededicate themselves to ending genocide.
BACKGROUND AND NEED FOR THE LEGISLATION
In 1948, the General Assembly of the United Nations approved the Convention on the Prevention and Punishment of the Crime of Genocide, motivated by the genocide committed by Nazi Germany in the Holocaust.
The Convention on the Prevention and Punishment of the Crime of Genocide confirmed that genocide is a crime under international law, defined genocide as certain acts committed with intent to destroy a national, ethnical, racial, or religious group, and provided that parties to the Convention should undertake to enact domestic legislation to provide effective penalties for persons who are guilty of genocide. The United States was the first nation to sign the Convention on the Prevention and Punishment of the Crime of Genocide.
The Convention was submitted to the Senate for advice and consent to ratification in 1949. For many years, no action was taken on ratification in part because of unfounded fears that adherence to the treaty would undermine U.S. sovereignty. Senator William Proxmire was the leading proponent of ratification of the Convention. In reaction to the lack of movement by the Senate to give its advice and consent, Senator Proxmire vowed to speak every day on the need to ratify the Convention until the Senate took action. He made over 3,000 statements on the Senate floor urging ratification of the Convention. His commitment was so crucial to the ratification effort that the law is known as the `Proxmire Act.'
On February 19, 1986, the United States Senate ratified the Convention on the Prevention and Punishment of the Crime of Genocide. The enabling legislation, the Genocide Convention Implementation Act of 1987 (`the Proxmire Act'), was signed into law on November 4, 1988. The Proxmire Act amended title 18 of the United States Code to criminalize genocide under United States law.
HISTORY OF GENOCIDE
During the 20th Century there were several recognized genocides throughout the world. In 1904, between 65,000 and 80,000 Namibian Herero Tribal members were murdered by German colonial troops. Germany colonized Namibia in the 1880s and ruled it with a military governor. In January 1904, members of one of the two Herero tribes attacked German outposts. Germany sought to put down the rebellion through force. On October 2, 1904, German troops drove masses of Herero tribal members into the Omaheke desert, poisoned waterholes, and caused large numbers to die of starvation, dehydration, and exposure. Remaining members were surrounded and slaughtered. The Herero were reduced from approximately 80,000 to 15,000. Surviving members were forced into slave labor.
Beginning in 1915, the Islamic Turkish state of the Ottoman Empire sought to end the collective existence of the Christian Armenian population. From 1915 through 1918, during World War I, the Ottoman Empire subjected the Armenian people to deportation, expropriation, abduction, torture, massacre, and starvation. The atrocities were renewed between 1920 and 1923. It is estimated that one and a half million Armenians were killed out of over two million Armenians who had lived in the Ottoman Empire. It should be noted that these activities ceased with the institution of the new Republic of Turkey in October, 1923.
In 1924, the Soviets forced Ukrainians to adopt the Communist policy of collectivization of all production, including agriculture, under government control. The central government demanded impossibly high quotas of grain creating a food shortage. Finally, the borders were closed, all supplies were cut off, and soldiers guarded food stores. From 1932 through 1933, this man-made famine lead to the death of 5 million of the politically resistant Ukranian people.
The Holocaust was Nazi Germany's systematic slaughter of Jews and other groups. During the Nazi campaign to rid Europe of Jews and other `inferior' people, over six million Jews were murdered. Throughout the existence of Nazi Germany, Jews were subjected to social restriction, forced to live in ghettos, imprisoned in concentration camps, and exterminated though gruesome methods. The Holocaust ended with the defeat of Nazi Germany in 1945.
The Burundi genocide refers to the massive killing of Hutus by the Tutsi government of Burundi in 1972. After Burundi's independence in 1962, the Tutsi minority assumed power. In 1972, Hutus rose up in opposition to the Tutsi government. From April to August of that year, the Tutsi government responded by killing 100,000 to 200,000 Hutus.
After defeating Cambodian's Lon Nol government in 1975, the Khmer Rouge communists, under Pol Pot's leadership, sought to establish order through force. The Khmer Rouge imposed a strict collective labor model of communism and sought to eliminate all opposition to the policy. In the years following the 1975 assumption of power, the Khmer Rouge forced civilians into labor camps working for minimum rations. In all, over two million civilians were killed.
In 1983, the National Islamic Front imposed Islamic law on the country of Sudan. The genocide in Sudan resulted from a civil war between the National Islamic Front and non-Muslim political groups. The Islamic Front launched massive suppressive efforts to occupy southern villages. As a result, approximately two million non-Muslim people have been killed by the Islamic Front.
On April 6, 1994, the president of Rwanda was assassinated. Hutus accused their Tutsi opposition of responsibility. The resulting Hutu slaughter of the Tutsi population was conducted entirely by hand. Civilian death squads used machetes and clubs to kill over a million Tutsi men, women, and children.
The Bosnian genocide refers to an attack in 1995 by Serbians on the town of Srebenica, where thousands of Muslim civilians had found safe haven with Dutch peacekeepers. Serbian soldiers surrounded the U.N. compound set up to protect the civilians. Serb troops separated men from women and children. They forced the men up the nearby hills and the women were deported by the bus load. Thousands of bodies were found in mass graves after the incident. The total population of Srebrenica was either deported or killed as a result of the Serbian aggression.
Tragically, genocides have continued since the ratification of the Convention became law 15 years ago. H. Res. 193 reaffirms our commitment as a nation to the Genocide Convention and its principles.
HEARINGS
No hearings were held in the Committee on the Judiciary on H. Res. 193.
COMMITTEE CONSIDERATION
On May 21, 2003, the Committee met in open session and ordered favorably reported the resolution, H. Res. 193, without amendment by voice vote, a quorum being present.
VOTE OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of the House of Representatives, the Committee notes that there were no recorded votes during the committee consideration of H. Res. 193.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee reports that the findings and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new budgetary authority or increased tax expenditures.
COMMITTEE COST ESTIMATE
In compliance with clause 3(d)(2) of rule XIII of the Rules of the House of Representatives, the Committee believes that the resolution will have no cost for the current fiscal year 2003, and that there will be no cost incurred in carrying out H. Res. 193 for the next five fiscal years.
PERFORMANCE GOALS AND OBJECTIVES
H. Res. 193 does not authorize funding. Therefore, clause 3(c)(4) of rule XIII of the Rules of the House of Representatives is inapplicable.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House of Representatives, the Committee finds the authority for this legislation in article I, section 8, of the Constitution.
TEXTUAL ANALYSIS AND DISCUSSION
The Preamble states that in 1948, in the shadow of the Holocaust, the international community responded to Nazi Germany's acts of genocide by approving the Convention on the Prevention and Punishment of the Crime of Genocide. It states that the Convention on the Prevention and Punishment of the Crime of Genocide confirms that genocide is a crime under international law, defines genocide as certain acts committed with intent to destroy a national, ethnical, racial, or religious group, and provides that parties to the Convention undertake to enact domestic legislation to provide penalties for those guilty of genocide. The Preamble further states that the United States, under President Harry Truman, was the first nation to sign the Convention on the Prevention and Punishment of the Crime of Genocide. It states that the United States Senate ratified the Convention on the Prevention and Punishment of the Crime of Genocide on February 19, 1986, and that the Genocide Convention Implementation Act of 1987 (`the Proxmire Act'), signed into law by President Ronald Reagan on November 4, 1988, amended title 18, United States Code, to criminalize genocide under United States law.
It asserts that the enactment of the Genocide Convention Implementation Act marked a principled stand by the United States against the crime of genocide and an important step toward ensuring that the lessons of the Holocaust, the Armenian Genocide, and the genocides in Cambodia and Rwanda, among others, will help prevent future genocides. It states, however, that despite the international community's consensus against genocide, as demonstrated by the fact that 133 nations are party to the Convention and through other instruments and actions, denial of past instances of genocide continues, and thousands of innocent people continue to be victims of genocide. Finally, it acknowledges that November 4, 2003, is the 15th anniversary of the enactment of the Genocide Convention Implementation Act of 1987 (`the Proxmire Act'). It is then resolved that the 15th anniversary of the enactment of the Genocide Convention Implementation Act of 1987 (`the Proxmire Act') on November 4, 2003 is recognized, and encourages the people and Government of the United States to rededicate themselves to ending genocide.
AGENCY VIEWS
Hon. JIM SENSENBRENNER, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives.
DEAR MR. CHAIRMAN: I am writing to express the Administration's opposition to the wording of H. Res. 193 of April 10, 2003, `Reaffirming support of the Convention on the Prevention and Punishment of the Crime of Genocide and anticipating the 15th anniversary of the enactment of the Genocide Convention Implementation Act of 1987 (the Proxmire Act) on November 4, 2003.'
The United States has signed, ratified and supports the Convention on the Prevention and Punishment of the Crime of Genocide. However, we oppose HR 193's reference to the `Armenian Genocide.' Were this wording adopted, it could complicate our efforts to bring peace and stability to the Caucasus and hamper ongoing attempts to bring about Turkish-Armenian reconciliation. We continue to believe that fostering a productive dialogue on these events is the best way for Turkey and Armenia to build a positive and productive relationship. Declarations such as this one, however, hinder rather than encourage that kind of dialogue. We want to work with Turkey and Armenia to achieve our common objectives, including improving relations between the two countries. Such declarations do nothing to help the process.
As the President's April 24, 2003 statement acknowledged, the suffering that befell the Armenian people in 1915 was a tragedy for all humanity. We strongly support efforts by both Armenia and Turkey to improve their economic, political, and cultural ties.
Specifically, we support civil society and government-to-government dialogue to help Armenia and Turkey address their painful past and move toward a more peaceful future. We feel that legislation on the issue is counterproductive.
Sincerely,
Paul V. Kelly,
Assistant Secretary, Legislative Affairs.
CHANGES IN EXISTING LAW
In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, the Committee notes H. Res. 193 makes no changes to existing law.
MARKUP TRANSCRIPT
The committee met, pursuant to call, at 10:01 a.m., in Room 2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr., chairman of the committee, presiding.
Chairman SENSENBRENNER. The committee will be in order. A working quorum is present. The Chair would like to have a couple of housekeeping items. First of all, it is the intention of the Chair to deal with the genocide resolution first, then the flag amendment, then the sports agent legislation, and then the class action bill. If we are not finished today by 12:30 or so, we will have a recess and come back and complete the agenda tomorrow, so members should be advised.
The next item on the agenda, pursuant to notice, I now call up the Resolution H. Res. 193, Reaffirming support of the Convention on the Prevention and Punishment of the Crime of Genocide and anticipating the 15th anniversary of the enactment of the Genocide Convention Implementation Act of 1987 (the Proxmire Act) on November 4, 2003, for purposes of markup and move its favorable recommendation to the full House.
Without objection, the resolution will be considered as read and open for amendment at any point.
[H. Res. 193 follows:]
Chairman Sensenbrenner. The Chair recognizes himself for 5 minutes.
H. Res. 193 would acknowledge the 15th anniversary of the enactment of the Genocide Convention Implementation Act of 1987, also known as the Proxmire Act, and encourage the United States Government and the people of the United States to rededicate themselves to ending the crime of genocide.
It is important in the light of occurrences of genocide in countries such as Rwanda in the last 15 years, that we as a Nation recommit ourselves to this convention and its principles. As a result of the Holocaust, in 1949, the General Assembly of the United Nations unanimously approved the Convention on the Prevention and Punishment of the Crime of Genocide. The convention asserted that genocide is a crime under international law, defined genocide as intentional actions to destroy a national, ethnic, racial or religious group, and provided that parties to the convention undertake enactment of domestic legislation to ratify penalties for persons guilty of genocide. The United States was the first Nation to sign that convention.
The convention was submitted to the Senate for advice and consent to ratification in 1949. The Senate's advice and consent occurred on February 19th, 1986, and the legislation necessary to ratify the convention was signed into law on November 4, 1988.
I would be remiss if I did not mention the fact that Senator William Proxmire, from my State of Wisconsin, was the leading proponent in the movement to ratify the convention. His involvement was so important to the ratification effort that the law is known as the Proxmire Act. The record reflects that Senator Proxmire made over 3,000 statements on the Senate floor urging ratification of the convention. Had it not been for his efforts, the convention might still not be ratified.
The enactment of the Implementation Act almost 15 years ago, made it clear that the commitment of the United States to the provisions of the convention of this country's acknowledgement of the lessons of the Holocaust and other genocides throughout history and our promise to do all that we can to prevent future genocides.
I urge my colleagues to support the resolution and recognize the gentleman from Michigan, Mr. Conyers.
Mr. Conyers. Thank you, Mr. Chairman and members. I join with Chairman Sensenbrenner in supporting the Schiff amendment proposal, and I am very proud to go on record. I will put my statement in the record as well.
Chairman Sensenbrenner. Without objection.
[The statement of Mr. Conyers follows:]
STATEMENT OF HON. JOHN CONYERS, JR.
I am pleased to have the opportunity to voice my support for this resolution which reaffirms the American people's condemnation of genocide and recognizes the critical leadership Senator William Proxmire provided to ensure that our country enacted the Genocide Convention by making genocide a punishable crime in America in 1988. I have joined over 98 members of the House as co-sponsors of this resolution, including the Chairman of this committee and at least 6 other committee members.
In the 20th Century our world made vast advances in technological development, human rights, and political unification within global and regional international frameworks. Yet, we were unable to avoid or prevent repeated onslaughts of genocide in nations around the world, beginning with the Armenian genocide in 1915, and followed by the Holocaust, and genocides in Cambodia, Rwanda, the Balkans and Iraq, among others. Unfortunately, great debates persist about the history surrounding each of these incidents. We do know, however, that systematic mass murder of a specific people occurred in each case.
For years, Members of Congress and people within the Administration have shied away from recognizing the Armenian genocide in particular. Yet there is ample historical evidence--including that of American eyewitnesses--that Armenians were forced from their homes on short notice, we sent on death marches across the country, were massacred along the way, and were starved because they were provided no food or water on the march or in the inadequate relocation camps in the Syrian desert. If that is not intentional infliction of death or harm upon a group of people, I don't know what is.
Approximately a million or more people died. Before these events, the Armenian population in the Ottoman Empire was between 1 and 2 million. By 1923, only about 40,000 Armenians were left. Most had been killed under the relocation plans or had fled as refugees to other nations, including our own. This is a reality we cannot ignore or shirk away from for political expediency.
In this resolution, we seek to do a simple thing: to rededicate our nation's commitment to opposing and eradicating genocide. Though our moral compass may waver at times, we have learned from the lessons of the 20th Century and there can be no doubt that we must continue to stand strong against genocide and do all in our power to prevent it from occurring again--to any people, in any nation.
If we intend to prevent genocide, we must begin by identifying genocide for what it is. If we fail to recognize historical genocidal events, we not only do a disservice to those who died and the survivors, but we also create conditions where genocide can continue with impunity.
In recognizing this important day in November when the Proxmire Act was signed into law, we must recognize the global horrors of the past and continue to move towards reconciliation. We must fervently seek to enforce our law on genocide by prosecuting U.S. nationals who have engaged in such acts. And we must continue working with the international community to bring other perpetrators to justice through international and foreign courts. With strong enforcement of our laws and this Convention, we can eradicate genocide and prevent its recurrence in the 21st Century.
Mr. CONYERS. Let's be clear about it. What we're meeting about this morning in connection with this event is whether or not we're going to allow maybe the millions of Armenians that have been the victims of the same genocide of which we complain, whether they will be included or not. And so I don't think we should try to have it both ways. The historical evidence and--of the activities that took place involving the Armenians is pretty well known, and I hope that any amendments that are directed toward excluding them specifically from the efforts of this resolution would be rejected.
Chairman SENSENBRENNER. Will the gentleman yield?
Mr. CONYERS. Of course.
Chairman SENSENBRENNER. Let me say that I share the ranking member's hope, and would strongly oppose any amendment that would strike mention of the Armenian genocide from this resolution.
Mr. CONYERS. I thank my chairman.
And I would like to yield to the gentleman from California, Adam Schiff.
Mr. SCHIFF. I thank the gentleman for yielding. Mr. Radanovich and I and Mr. Pallone and Mr. Knollenberg, introduced this resolution for several purposes, not only to commemorate the ratification of the convention, but as the ranking member has pointed out, for the also essential purpose of recognizing the Armenian genocide among others, the loss of a million and a half people beginning in 1915, the first genocide of the 20th century. I would be I think incredibly wrongheaded and we would lose the moral clarity that I think we enjoy to exclude the first genocide of the 20th century.
So I want to thank the Chair for scheduling this bill. I want to thank the Chair for his comments today, and I want to thank the committee members for taking this up in such an expeditious way. This is extraordinarily important, not only for the Armenian community, but it's important for the international community, that we do not equivocate about the loss of 1.5 million lives, 1.5 million people who loved life as much as we do, who perished, many of them, in the desert, and here is an opportunity to speak with a clear voice about the historic facts. So I want to thank the Chair again, and I want to thank the ranking member, and I want to urge all our members' support for this resolution in this unaltered form. I yield back the balance of my time.
Mr. CONYERS. I return the time, Mr. Chairman.
Chairman SENSENBRENNER. Without objection, all members' opening statements will be included in the record at this point.
[The statement of Ms. Jackson-Lee follows:]
STATEMENT OF HON. SHEILA JACKSON-LEE
Thank you Chairman Sensenbrenner and Ranking Member Conyers for convening this markup today. I support H. Res. 193 because we must condemn the crime of genocide and this resolution is a needed step in that direction.
If we as a Nation fail to learn the lessons of past genocides we will be doomed to repeat those genocides in the future. The Genocide Convention's universal values are designed to prevent future atrocities.
Under international legal principles, genocide is a crime. This crime is defined as the intent to destroy a national, ethnic, racial, or religious group. The Genocide Convention urged members to enact legislation to establish stern penalties for persons guilty of genocide.
By supporting H. Res. 193 we voice our belief that the United States is one of 133 nations who are committed to standing up against the crime of genocide. H. Res. 193 also acknowledges that genocide still plagues our planet in places like Rwanda, which provides a chilling example of the death, devastation, and gruesomeness of genocide.
The genocide in Rwanda was sparked by the death of the Rwandan president Juvenal Habyarimana, a Hutu. Juvenal Habyarimana's airplane was shot down above Kigali airport on April 6, 1994. Within a few short hours, a campaign of violence and murder spread from the capital throughout the country, and did not subside for over three months. Even for a country with such a turbulent history as Rwanda, the scale and speed of the slaughter left the Rwandan people reeling. It is estimated that between April and June 1994, an estimated 800,000 Rwandans were killed in the space of 100 days. The vast majority of the dead were Tutsis. The vast majority of the perpetrators the violence were Hutus.
The story of a survivor of the Rwandan genocide graphically illustrates the brutality of this genocide. Hamis Kamuhanda, who is now 20, was a normal 11-year-old in Rwanda when he heard news of the President's plane being shot down.
Hamis said, `The following day we had rumors that Hutus were out to kill every Tutsi in the country, claiming that we, the Tutsis had killed the Hutu president. We were advised to stay indoors. I had never seen my parents so agitated and terrified all my life.'
That very same night Hamis's family began to hear screams and the sounds of gunshots from their neighbors' homes.
`Then there was a knock at the door and before we could even respond, the door fell in and about four or so people came in and dragged my father out by his legs. That was the last we saw of him,' said Hamis.
`We were hiding under the bed but we could see everything. Mother told us to keep quiet. Then the shooting began.
`The bullets came in and hit everything in the way. Yet no one dared scream. Mother could not cover all four of us.
`I could feel blood coming from under my right shoulder and I did not know whether I was hit or not. I could not feel any pain then. My mind was occupied with the terror of being hacked to death.'
Hamis's family all played dead, praying that the killers would disappear.
`Suddenly the door burst open and they came in praising themselves for a good job done. I was closer to the door and they kicked me in my belly. It was painful but the thought of being severed alive with their machetes, made me stay as quiet as a mouse.'
`One of them said: `Let's make sure that he is dead with this'. I didn't move an inch, nor did I make any noise. They must have thought that I was dead.
`I just felt a very sharp pain on my leg and I must have passed out. I don't know for how long. But when I woke up, my mother was nursing my wounded leg. I was trying to look at the wound when I lost consciousness again.'
Later, Hamis learned that he had fainted after realizing that the Hutu soldiers had severed half of his right leg. But despite all of the brutality Kamuhandas somehow felt lucky.
Hamis's mother and his siblings had superficial bullet wounds which healed quickly. `God spared us. Pity I cannot say the same for my father.'
I support H. Res. 193 because the atrocities that befell the Tutsis of Rwanda, and families like Hamis Kamuhanda must never happen again. I urge my colleagues to support this resolution.
Are there amendments?
[No response.]
Chairman SENSENBRENNER. There are no amendments. A reporting quorum is not present, and without objection, the previous question will be ordered on the motion to report the resolution favorably, and the vote will take place once a reporting quorum appears.
* * * * * * *
Chairman SENSENBRENNER. A reporting quorum is now present. The Chair will put the question on reporting favorably House Resolution 193, reaffirming support of the Convention on the Prevention and Punishment of the Crime of Genocide, and anticipating the 15th anniversary of the enactment of the Genocide Convention Implementation Act of 1987, the Proxmire Act, on November 4th, 2003.
Those in favor of reporting the resolution favorably will say aye.
Opposed, no.
The ayes appear to have it. The ayes have it, and the motion to report favorably is agreed to.
Without objection, the staff is allowed to make technical and conforming corrections, and all members will be given two days, as provided by the rules, in which to submit additional dissenting supplemental or minority views.
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