17614 EXTENSIONS OF REMARKS June 20, 1984 EXTENSIONS OF REMARKS HUMAN RIGHTS IN CHILE IN The aging Chilean dictator has turned a straints" of the Chilean certification re 1983 deaf ear to internal critics of the military quirements. government, including the Catholic Church, The following report details only some of labor organizations and political parties, the most significant human rights violations HON. GARY L. ACKERMAN who demand an accelerated transition to committed by the Pinochet regime during OF NEW YORK democratic rule. The country's political the past year. It is clear from this record IN THE HOUSE OF REPRESENTATIVES stalemate, and Pinochet's adamant refusal that in 1983, the Reagan administration's Wednesday, June 20, 1984 to depart from a time table for a political "quiet diplomacy" had no noticeable impact opening that would leave him in power until in lessening the Chilean military govern e Mr. ACKERMAN. Mr. Speaker, as a the end of the decade, are, in part, to blame ment's violation of its citizens' human rights result of my involvement in the effort for the series of terrorist bombings and at and civil guarantees. And while there is to seek justice in the case of the re tacks on police stations that have occurred little reason to believe that the inconsistent cently deceased Nazi war criminal this year. U.S. criticism of the Pinochet regime in Walter Rauff, I have become increas In reaction to this surge of leftist violence, 1983 altered the behavior of the Chilean ingly concerned about the human the ruling military junta has proposed an government, there is no indication whatso rights situation in Chile. Unfortunate anti-terrorist act that would reenact several ever that ending the U.S. ban against mili provisions of the "state of emergency" that tary assistance will improve conditions in ly, in the past year we have witnessed was lifted in August 1983. Under the pro a further deterioration of human that country. posed law, authorities conducting investiga The Chilean people paid dearly in 1983 for rights conditions in that country. At tions of terrorist activities-which are de expressing their opposition to the military the same time, there have been signals fined in very broad and vague terms- would government. The Pinochet regime's efforts from the administration regarding its be allowed to make arrests, as well as to to combat a growing popular opposition desire to restore military ties with search for and seize evidence, without a ju movement, composed of multi-party politi Chile. Any individuals who takes the dicial warrant, "in cases in which the re quest for a warrant would jeopardize the cal coalitions, labor unions, the Catholic time to read the reports on Chile of success of the operation." As well, the act Church, human rights organizations, and various human rights groups will get a would empower courts to request that ac other sectors of the population which chilling look at the brutality and op cused persons be held incommunicado for united to hold monthly days of national pression meted out by the Pinochet up to ten days, and to call for the intercep protest, produced a rapidly mounting toll of regime. At this time, I would like to tion and inspection of private mail. security force killings, arbitrary arrests, tor On May 25, eight days after the anti-ter ture of detainees and internal banishment. commend to my colleagues a study Not since the 1973- 1974 post-coup era has written by David B. Lawrenz at the rorist act was made public, Gen. Pinochet told a rally of government supporters that official repression and the violation of Council on Hemispheric Affairs, which human rights reached the levels of the past sheds additional light on the human "this new law will allow us to use the strong hand you demand, and we will use it." year. rights abuses in Chile today. International pressure has mounted Throughout 1983 the Chilean government The article follows: against Pinochet since the beginning of the sought to keep a tight lid on labor unions HUMAN RIGHTS IN CHILE IN 1983 year. The foreign ministers of the European and their most active leaders, who rallied to e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. June 20, 1984 EXTENSIONS OF REMARKS 17615 In an attempt to deal with rising popular lowing arrests made during demonstrations TRIBUTE TO THE MERCHANT opposition, the Chilean security forces made rose from 3 in May to 150 in July. A total of MARINERS OF D-DAY a staggering number of arbitrary arrests 280 torture cases were reported in the first during the first five Days of National Pro nine months of 1983. test. The Fourth Day of National Protest, In late 1982, the Chilean government fi HON. BARBARA A. MIKULSKI held on August 11, witnessed the highest nally addressed the question of citizens OF MARYLAND level of security force violence against dem living in political exile abroad by establish onstrators up to that time and resulted in ing an official commission to review the IN THE HOUSE OF REPRESENTATIVES the largest number of arbitrary, short-term problem and authorize the return of certain Wednesday, June 20, 1984 arrests. The most severe brutality appears exiles. No official figures exist on the Chile to have been in Santiago, where the govern an exile population, but government repre e Ms. MIKULSKI. Mr. Speaker, I ment called in 18,000 air force troops to aug sentatives have estimated the total to be be would like to take this opportunity to ment the carabineros (military police) tween 11,000 and 30,000. The CCDH cites a pay tribute to all members of the mer forces. In two days of protests in Santiago, much higher figure of 200,000 political chant marine who participated in the On August 11 and 12, 24 people were killed, 100 were wounded by gunshots, and over exiles. In testimony before a Congressional invasion of Normandy 40 years ago. 1,000 persons were detained. The Chilean hearing on human rights in the Southern The merchant mariners were an inte Commission on Human Rights [CCDHJ re Cone on October 18, 1983, James Michel gral part of the allied force's endeavor ported that many wounded citizens did not perhaps understated the case by claiming and their heroic actions contributed to seek medical attention at emergency sta that "perhaps as many as 7 ,000 exiles, plus the invasion's success. It is unfortu tions for fear of being arrested. Medical as [their] families, remain outside Chile. nate that this participation has not re sistance was extremely inadequate during Although Gen. Pinochet dissolved the exile commission shortly after establishing ceived the public recognition that it the protests in the capital city. As a result deserves. Pete Earley of the Washing of the government's 6:30 curfew in Santiago, it, his government has since published ten people seeking medical care, even some car lists containing the names of persons per ton Post clarifies this point in his arti rying white flags, reportedly were attacked mitted to return to Chile. Initially, these cle, "Merchant Mariners' Saga At D by security forces. The CCDH also stated lists did not include exiled political leaders, Day Remains Unsung." The article that police randomly attacked unarmed in and opposition spokesmen denounced the follows: dividuals in their homes, where a number of entire program as merely an attempt to im MERCHANT MARINERS' SAGA AT D-DAY the killings took place. prove Pinochet's international image. REMAINS UNSUNG CCDH figures reveal that in the first nine Bowing to domestic and international pres months of 1983, security forces made 482 in sures, the government published long lists, Now, abandoning the Federal govern ABOUT-FACE STRATEGY Washington State law that restricted volun ment's position of the last 30 years and ig One need not travel as far as Birmingham tary local attempts to achieve desegregation noring the clear precedent of Weber, and to find examples of the Federal govern by busing. scores of other federal court decisions, the ment's about-face litigation strategy. We in TAX-EXEMPT STATUS Reagan Administration and Assistant Attor New York have also been the victims of this ney General Reynolds state that under no erratic practice. In 1971, the Justice Depart The Justice Department's failure to en circumstances will the United States Justice ment under the Nixon Administration sued force the law in the area of school desegre Department support, much less advocate, Local 28, the New York local of the Sheet gation goes beyond the issue of busing. In race-conscious affirmative action. The Jus Metal Workers' International Association, January, 1982, the Treasury Department tice Department's position that Title VII to enjoin its racially discriminatory prac announced that it would reverse an 11-year and the Constitution forbid all race-con tices. New York City and New York State old policy, initiated by the Nixon Adminis scious affirmative action is not supported by joined the Justice Department. And in 1975, tration, of denying tax-exempt status to ra statute or case law. That view did not pre after a three week trial, the federal court in cially discriminatory private schools. To vail in the Supreme Court and has never Manhattan found that the union had long sµpport this startling pronouncement, the been adopted by Congress. Nevertheless, it discriminated against black and Hispanic Administration claimed that Section is the view that this Administration has workers in violation of Title VII and ordered 501(c)(3) of the Internal Revenue Code did pledged to defend, and indeed the record it to increase its minority membership from not authorize the Treasury · Department's shows that the Administration has vigorous 3 percent to 29 percent by 1982. In 1982, rule denying the tax exemptions. In fact, ly advocated this view whenever possible as when the union's minority membership was only 10.8 percent, the City and the State, both Congress that drafted Section intervenor, plaintiff and amicus curiae. 501(c)(3) and the Judiciary that interpreted Last year, for example, the Justice De supported by the EEOC, moved for con tempt. The district court found the union in it had years earlier held to the contrary. partment filed an amicus brief in the Su In 1970, after an adverse court decision, preme Court challenging a voluntary race contempt and ordered it to indenture one minority apprentice for each white appren the IRS announced that pursuant to Sec conscious affirmative action plan adopted tion 501(c)(3) of the Internal Revenue Code by the City of Detroit. Under the plan, pro tice until the union's minority membership motions from the rank of sergeant to lieu reached 29 percent. The case is currently on it would no longer allow tax-exempt status tenant were to be divided equally among appeal and the EEOC, now remolded in the to any private school in the nation which black and white police officers until 50 per Reagan Administration's own image, states practiced racial discrimination. This IRS cent of the lieutenants were black. The plan in its brief: "Although the EEOC improper ruling was subsequently affirmed by the had been created, as the Justice Depart ly supported the imposition of the 1 for 1 in courts, which held that the Internal Reve ment acknowledged in its brief, in response denture ratio in the district court, we urge nue Code requires the denial and elimina to "undeniable past discrimination against this court to vacate the ratio ..." tion of Federal tax exemptions for racially blacks that had created a police force that In every area of civil rights law, the discriminatory private schools. and for the was largely unresponsive to the concerns of Reagan program has been implemented next eleven years the IRS staunchly defend a substantial portion of the City's popula with a vengeance. That program seeks to re ed its interpretation of the Code, and Con tion." Despite this factual predicate and the strict the remedies available to victims of gress repeatedly endorsed the interpretation holding in the Weber case, the Justice De discrimination and to narrow the reach of adopted by the IRS. Nonetheless in 1982, Federal civil rights laws, and to do so not with the issue pending in the United States partment took the position that the action withstanding established legal precedent. by the City of Detroit could not be sus Equality in education, housing and voting Supreme Court, the Justice Department tained under the relevant statutes nor has fared no better than in employment. concluded that the IRS overstepped its au squared with the Constitution. thority in promulgating its tax exemption The Reagan Administration's action in Thirty years ago in Brown v. Board of Education, the United States Supreme policy and filed a brief with the Court advo the Detroit case is not an isolated incident. Court held, in explicit terms, that state im cating a 180-degree reversal of the position The Justice Department has also opposed posed segregation by race in this nation's advanced by the Nixon, Ford and Carter Ad court orders preventing the layoff of minor public schools denies equal protection of the ministrations. ity firefighters in the cities of Boston and laws. In the ensuing years, the Supreme The Justice Department's position was re Memphis. Although the layoffs would have Court grappled with the question of buffed in the strongest terms by the Su thwarted the attempts of the cities to inte remedy, and concluded, inter alia, that preme Court in an 8•to-1 decision finding grate their respective fire departments and school boards have the burden of develop the IRS interpretation "wholly consistent perpetuated their past discriminatory prac ing desegregation plans that work now. with what Congress, the Executive and the tices, the Federal government opposed the "Freedom of choice" plans are unacceptable courts had repeatedly declared ..." Indeed, court orders characterizing them as the "ar if there are other plans reasonably avail Justice Burger wrote, it would have been chetypical form of relief" Congress intended able, which promise a speedier and more ef "anomatous" for the IRS in 1970 to "bliss to prohibit under Title VII. Similarly, the fective conversion to a unitary, non-racial Justice Department intervened in a 10-year fully ignore" the policy on racial discrimina school system. More than ten years ago in tion adopted by all three branches of gov old case involving New Orleans and its black Swann v. Charlotte-Mecklenburg Board of police officers after the parties had agreed ernment. It was no less anomalous for the Education, Justice Burger wrote, for a Justice Department to do so in 1982. to a consent decree with a race-conscious unanimous Court, that mandatory school promotion plan. Not only did the Justice busing is one technique available to inte ADMINISTRATION'S FAILURE Department argue against a solution adopt grate school systems. The Swann decision Fortunately, to date, the Administration ed by local authorities to solve a local prob remains the law today. Nonetheless, it is the has not prevailed in any of the cases men lem, but it prevented the EEOC from filing policy of the Justice Department to reject tioned in this article nor in the vast majori an amicus brief in the case which would any form of mandatory reassignment of stu ty of others where it has urged a reinterpre have argued that the position of the De dents and rely entirely on freedom of choice tation of established civil rights precedent. partment of Justice was incorrect. To advo plans to remedy unconstitutional segrega However, the devastating potential of the cate its particular philosophy of equality, tion. In the words of the Justice Depart the Justice Department sacrificed the rule Administration's continued legal advocacy ment's chief civil rights attorney: "We are of its civil rights philosophy must not be ig of law, and denied the public and the court not going to compel children who don't the benefit of the expertise of the EEOC. choose to have an integrated education to nored. At stake is the effectiveness of our Indeed, so determined is the Executive have one." In essence he is saying that the civil rights laws. At stake is the still unful Branch to ensure that its philosophy pre Justice Department will not enforce the filled promise of equality of opportunity in vails, that it has changed positions in the law. education, housing and employment. And midst of litigating a single case. In 1981, the As in the area of employment discrimina that is not all. By advocating positions au Justice Department under President tion, the Administration's opposition to thorized neither by Congress nor the courts, Reagan negotiated and the Federal court busing, no matter the circumstances, has the Administration has invited disrespect approved a race-conscious affirmative action caused it to change sides in case after case for our laws and has abdicated its constitu plan to increase the hiring and promotion of arguing against court-ordered busing where tional responsibility to enforce the law. Al blacks in the police and fire departments in previously it had advocated busing. Indeed, though the Administration's commitment to Birmingham, Alabama. The Justice Depart it now takes the extreme position of oppos equality has waned, ours must not.e ment has now joined white employees in ing voluntary busing plans as well. In Wash challenging the very decree it wrote, signed ington v. Seattle School District, the Justice and was instrumental in having approved by Department unsuccessfully argued to the the Court. United States Supreme Court in favor of a 17624 EXTENSIONS OF REMARKS June 20, 1984 WEST VIRGINIA-121 YEARS AGO its founding will only be surpassed by anatha Bapist Church in Clarkston, TODAY its future.e Ml, where he has served for the past 17 years. His dedication to Clarkston CHUCK NORMAN FILIAGA has been amply demonstrated through HON. HARLEY 0. STAGGERS, JR. his work in community service and his OF WEST VIRGINIA HON. FOFO I. F. SUNIA great concern for the welfare of his IN THE HOUSE OF REPRESENTATIVES parishioners. OF AMERICAN SAMOA In his efforts to build a stronger Wednesday, June 20, 1984 IN THE HOUSE OF REPRESENTATIVES community, Reverend Somers has e Mr. STAGGERS. Mr. Speaker, 121 Wednesday, June 20, 1984 served as a chaplain in local hospitals years ago there occured three events e Mr. SUNIA. Mr. Speaker, I am and as chaplain and Bible instructor in that changed the course of American pleased today to honor the third recip prisons across the State. During his 35 history. In the year 1863, the Battle of ient of the Presidential Scholars Pro years in the ministry in my State, he Gettysburg was fought, Abraham Lin gram from the Territory of American has also served at the local and State coln issued the Emancipation Procla Samoa. levels as an officer in the Michigan mation, and West Virginia became the Chuck is a recent graduate of Sa Pastors Association. Reverend Somers 35th daughter of the American Union. moana High School where he served is nationally recognized as a friend to Long before the outbreak of the as the president of the student govern pastors and missionaries around the Civil War, the people of what is now ment. He was also inducted into the world. Throughout all of his many West Virginia were known for their national honor society. He served as other responsibilities, however, he has patriotism and rugged individualism. an editor for his high school yearbook provided inspirational and faithful The decision on the part of the west and provided volunteer work for leadership to his congregation. ern Virginia counties not to join in se handicapped children. He is also an Reverend Somers has many other ceding from the Union was an affirma active member of his church youth qualities that have made his ministry tion of the loyalty citizens felt to their group. a unique asset to our community. He Nation. Following the adoption of a Mr. Filiaga is the son of Manaia and has combined his Christian beliefs State constitution, Congress admitted Joeanne Filiaga of Amaua. He is be with the fine sense of patriotism. He is West Virginia to the Union on June coming quite familiar with Washing a stalwart in his belief in our country's 20, 1863-121 years ago today. ton, DC, since he and his brother Carl heritage of democracy, and every Me The contribution made by the newly were among seven seniors selected to morial Day recites the Gettysburg ad admitted State during the severest participate in the recent Close-Up Pro dress for his congregation. He is also test of our national strength is some gram here in Washington. an accomp1ished student of scriptural thing all West Virginians can be proud I join the people of the Territory of history, and has taught the Old Testa of. Prior to admittance, President Lin American Samoa in expressing to you ment for more than 11 years in the coln noted: the pride that we hold for Chuck's Birmingham Bible Institute. But per We can scarcely dispense with the aid of achievements and academic success. haps most importantly, he is an out West Virginia in this struggle; much less can He has set a fine example for his peers standing family man, raising four chil we afford to hav·e her against us, in Con and for other American Samoan stu dren, three sons and a daughter. His gress and in the field. Her brave and good dents who are striving to attain excel sons have followed in his footsteps, men regard her admission into the Union as and are active in religious service. a matter of life and death. They have been lence. true to the Union under very severe trials. When Chuck receives his Presiden Reverend Somers has set a fine ex tial scholar medallion at the White ample for his family, the community, Some 30,000 West Virginians were to and our State. We are sorry to see him serve in the Union Army during the House, he can do it knowing that we all are proud and supportive of the retire from the active service that has War. so richly benefited many people, but As we celebrate the birth of our hard work that he has done and wish him the best in all his future endeav we wish him the best as he begins to great State, I am proud to call atten take a new step in his life.e tion to the guiding principle that pro ors. vided the seed and continues as the In a larger sense, I hope that Chuck underlying strength of West Virginia will remember that our territory can SGT. BILLY FINLEY TO BE and her people, which is best summed also be a beneficiary of this program HONORED ON JUNE 26 up by the State motto-"Mountaineers and his work. By recognizing him, the are always free." The freedom that United States reaffirms the commit HON. RICHARD J. DURBIN guided the State's founders to declare ment to our young people to lead lives of challenge, accomplishment, and ful OF ILLINOIS independence is the same freedom IN THE HOUSE OF REPRESENTATIVES that gives us hope for the future. fillment. We all look forward to his West Virginians are equally an im continued success.e Wednesday, June 20, 1984 portant part of our national fabric. e Mr. DURBIN. Mr. Speaker, today, I The State enjoys one of the proudest A TRIBUTE TO REV. PHILIP W. am introducing a resolution with· my records of contributions made to our SOMERS, SR., OF CLARKSTON, colleague, Mr. Hopkins of Kentucky, Nation's defense in war and in peace. MI to honor one of our Nation's heroes, Our vast supplies of coal, oil, and nat one of its most decorated soldiers of ural gas have helped to forge the great HON. BOB CARR World War II and a man who is being industrial machine known as America. OF MICHIGAN honored on June 26 by the citizens of The workforce, second to none, pro IN THE HOUSE OF REPRESENTATIVES Cherbourg, France. vides business and industry with indi Sgt. Billy Finley of Decatur was typ viduals who are as dedicated as they Wednesday, June 20, 1984 ical of many young men who answered are capable. Our natural heritage, as • Mr. CARR. Mr. Speaker, I rise a desparate nation's call in the early rugged as the mountaineers who first today to recognize and praise the ac 1940's. He dropped out of high school explored the State, continues to en complishments of an extremely special to enlist in the Army. He served with thrall visitors. person, a man who has dedicated his distinction on the field of battle. It is a great honor for me to salute life to serving God and the people of As a participant in the liberation of my home State on this noteworthy oc Michigan. On June 30, 1984 the Rever Cherbourg on June 26, 1944, Sergeant casion. I am confident that the end Philip W. Somers, Sr., will retire Finley so impressed the residents of progress made in West Virginia since from his duties as pastor of the Mar- that community that, 40 years later, June 20, 1984 EXTENSIONS OF REMARKS 17625 when they made plans to commemo cent. Of the 15 counties in my congres the U.S. National Academy of Science, have rate the day, he was selected as repre sional district, this industry is the reinforced the need for action. Our Church sentative of America's fighting men. major employer in one, is the second es find it a sad commentary on our age that On June 26, Sergeant Finley's three major employer in another county, your Administration claims to lack the re sisters will be in Cherbourg to partici and significantly contributes to em sources for protecting the environment pate in the ceremonies honoring their ployment in five other counties. through acid rain control and yet is devot This negative action by the Interna ing vast sums toward the production of brother, who was killed in action only more armaments capable of destroying the a few weeks before the war in Europe tional Trade Commission could prove earth. ended. to be devastating to the shoe industry. Concern about acid rain as reflected in This resolution calls public attention With so many people dependent on our Government's recent diplomatic protest to Sergeant Finley's contributions this industry for employment, it is in is shared by the Canadian people, including both on the field of battle and in the conceivable to me why a recommenda members of our Churches. One can well un arena of good relations between na tion for a temporary quota was not derstand the anger of many Canadians as tions. It also publicly honors his sis granted. The over 200,000 employees we see vulnerable areas of the environment ters for their brother's outstanding ex of the industry in the United States in our country damaged by acid rain coming ample of courage and humanity. and the 10,600 employees in Tennessee from your country. Mr. Speaker, I view this resolution deserve action to help this depressed A recent Consultation brought together in a larger context. Just as Sergeant domestic industry; not to insure its representatives of 25 Canadian and U.S. reli Finley represented America's soldiers eventual elimination.e gious bodies to plan joint strategies for tack and sailors to the people of Cher ling acid rain. They agreed that any serious commitment by Churches to a stewardship bourg, I believe his example is one OPEN LETTER TO PRESIDENT of God's creation includes action on issues that we should honor as representa REAGAN ON ACID RAIN like acid rain. We learned from the Ameri tive of all his comrades.• cans at the Consultation that there are HON. GERRY SIKORSKI many U.S. citizens, including members of ITC DECISION ON FOOTWEAR OF MINNESOTA the churches represented at the Consulta IMPORTS IN THE HOUSE OF REPRESENTATIVES tion, who are disappointed and embarrassed by U.S. inaction. Wednesday, June 20, 1984 We fully recognize that Canada has the HON. ED JONES •Mr. SIKORSKI. Mr. Speaker, every responsibility to reduce its own emissions of OF TENNESSEE day more scientific evidence becomes sulphur dioxide
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