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A SURVEY AND ANALYSIS OF "SUPPORTING
HUMAN RIGHTS AND DEMOCRACY:

THE U.S. RECORD 2002-2003"

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LIBRARY OF CUNCIL.

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HEARING

BEFORE THE

COMMITTEE ON

INTERNATIONAL RELATIONS

HOUSE OF REPRESENTATIVES

ONE HUNDRED EIGHTH CONGRESS

FIRST SESSION

JULY 9, 2003

Serial No. 108-43

Printed for the use of the Committee on International Relations

Available via the World Wide Web: http://www.house.gov/international_relations

88-166PDF

U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 2003

For sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512-1800
Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

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THOMAS E. MOONEY, SR., Staff Director/General Counsel

ROBERT R. KING, Democratic Staff Director

RENEE AUSTELL, Professional Staff Member, Subcommittee on International Terrorism,

Nonproliferation and Human Rights

LIBERTY DUNN, Staff Associate

LC Control Number

2004 356709

Bib 134530m

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CONTENTS

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Carl Gershman, President, National Endowment for Democracy

The Honorable Harold Hongju Koh, Gerard C. and Bernice Latrobe Smith
Professor of International Law, Yale Law School

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LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING

The Honorable Lorne W. Craner: Prepared statement
The Honorable Roger P. Winter: Prepared statement
George A. Folsom, Ph.D.: Prepared statement

Kenneth Wollack: Prepared statement

Carl Gershman: Prepared statement

The Honorable Harold Hongju Koh: Prepared statement
Tom Malinowski: Prepared statement

Jennifer Windsor: Prepared statement

APPENDIX

A SURVEY AND ANALYSIS OF "SUPPORTING HUMAN RIGHTS AND DEMOCRACY: THE U.S. RECORD 2002-2003"

WEDNESDAY, JULY 9, 2003

HOUSE OF REPRESENTATIVES,

COMMITTEE ON INTERNATIONAL RELATIONS,

Washington, DC. The Committee met, pursuant to call, at 10:31 a.m. in Room 2172, Rayburn House Office Building, Hon. Christopher H. Smith [acting Chairman of the Committee] presiding.

Mr. SMITH. The hearing will come to order. Good morning to ev

eryone.

In Beijing in 1991, to press for religious freedom, release of political prisoners and end the forced abortion and coerced sterilization and torture, Congressman Frank Wolf and I met with Premiere Li Peng. After firmly, but diplomatically, making our case, the powerful leader of China unloaded with both barrels. It was a remarkable and dismaying spectacle, for everything was absolutely denied, as we might expect. There were no political prisoners in China, and the tired, old defense of internal affairs was trotted out and invoked.

Clearly ticked off especially by a face-to-face criticism of China's one child per couple policy-presumably no one in the international community had ever done that before the Premier scolded Frank Wolf and I and said that all relevant documents concerning the U.S.-PRC bilateral relationship, including the Shanghai communique, precluded human rights.

To some extent he was right about those documents. However, the exchange underscored in my mind why human rights concerns must be central, at the core of bilateral relations, and when we subordinate human rights or treat them as an afterthought, the last albeit obligatory item on a set of diplomatic talking points, we miss precious opportunities to ameliorate suffering and may even, however unwittingly, enable abusing regimes to commit abuses by our lack of articulation, by our lack of emphasis or the relative unimportance we devote to human rights.

Human rights is not a side show, or at least it should not be. It ought to be the main event. What is conveyed concerning human rights and what is omitted at all diplomatic levels, but especially at the top, has predictable real world consequences for good or ill for at-risk persons and victims.

As a Member of Congress for 23 years, it has been my experience to discover far too many seasoned diplomats for whom sustained

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