December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18575 But evidence accumulated since the ROOSEVELT HISTORY MONTH SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Title 18 Uni- 1990 Amendments were enacted indi- Mr. BROWN. Madam President, I ask cates that ridesharing programs are formity Act of 1995’’. unanimous consent the Judiciary Com- SEC. 2. ADJUSTING AND MAKING UNIFORM THE not a cost-effective option in the short- mittee be discharged from further con- DOLLAR AMOUNTS USED IN TITLE 18 term to control air pollution. The ef- sideration of Senate Resolution 75, a TO DISTINGUISH BETWEEN GRADES fort necessary to convince commuters resolution proclaiming October 1996 as OF OFFENSES. to get out of their cars and into car- (a) Sections 215, 288, 641, 643, 644, 645, 646, ‘‘Roosevelt History Month,’’ and that 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, pools or buses or trains is quite expen- the Senate proceed to its immediate sive compared to other steps that 658, 659, 661, 662, 665, 872, 1003, 1025, 1163, 1361, consideration, that the resolution and 1707, 1711, and 2113 of title 18, United States would achieve the same emissions re- preamble be agreed to en bloc, and that Code, are amended by striking ‘‘$100’’ each ductions in the short-term. It may be the motion to reconsider be laid on the place it appears and inserting ‘‘$1,000’’. that over a very long period, a require- table, that any statements relating (b) Section 510 of title 18, United States Code, is amended by striking ‘‘$500’’ and inserting ment like this would convince major thereto appear in the RECORD at the ap- employers to make locational decisions propriate place. ‘‘$1,000’’. that encourage the use of transit and SEC. 3. EFFECTIVE DATE. The PRESIDING OFFICER. Without This Act and the amendments made by this other ridesharing options. But in the objection, it is so ordered. short-run, the emissions reductions Act shall apply to sentences imposed on or after The resolution (S. Res. 75) was agreed the date of enactment of this Act. achieved do not justify the great dif- to. ficulties that would be experienced by Mr. BROWN. I ask unanimous con- The preamble was agreed to. sent the committee amendment be the States and by employers to carry The resolution, with its preamble, out the trip reduction program. agreed to, the bill be considered read a reads as follows: third time and passed as amended, the This requirement of the 1990 Clean S. RES. 75 motion to reconsider be laid upon the Air Act Amendments has engendered Whereas January 30, 1995, is the 113th anni- table, that any statements relating to much opposition in the legislatures of versary of the birth of President Franklin the bill be placed at the appropriate the several States that are subject to. Delano Roosevelt in Hyde Park, New York; place in the RECORD. EPA made it clear earlier this year Whereas almost a half-century after the The PRESIDING OFFICER. Without that the Agency would not aggres- death of President Roosevelt, his legacy re- mains central to the public life of the Na- objection, it is so ordered. sively enforce the requirements. And So the committee amendment was even in Los Angeles, the program that tion; Whereas before becoming President of the agreed to. served as a model for the 1990 federal United States, Franklin Delano Roosevelt The bill was ordered to be engrossed program has been discontinued. All served in the New York State Senate and for a third reading, was read the third seem to agree that this is a measure later was appointed Assistant Secretary of time, and passed. that should not be mandated. the Navy, and in 1928 became Governor of f H.R. 325 does not entirely repeal the New York; Whereas as President of the United States EXPRESSING THE SENSE OF CON- employer trip reduction program. It between 1933 and 1945, Franklin Delano Roo- GRESS REGARDING THE NEXT makes it voluntary with the States. It sevelt guided the Nation through two of the PANCHEN LAMA will remain as potential avenue for greatest crises of the twentieth century, the emissions reductions for the States Great Depression and the Second World War, Mr. BROWN. Madam President, I ask that choose to use it. And the bill does and in so doing, changed the course of Amer- unanimous consent that the Senate not rollback the Clean Air Act in any ican politics; proceed to the immediate consider- sense. All States will continue to bear Whereas a memorial in stone in the Dis- ation of Calendar 266, S. J. Res. 43. an obligation to achieve healthy air trict of Columbia will soon be dedicated to The PRESIDING OFFICER. The his memory, as authorized by Congress in clerk will report. quality by the same deadlines that are 1955; and currently in the law. The bill makes The assistant legislative clerk read Whereas a month commemorating the his- as follows: clear that States that choose not to tory of Franklin Delano Roosevelt would carry out the trip reduction program complement the dedication of the memorial: A joint resolution (S. J. Res. 43) expressing must find equivalent emissions reduc- Now, therefore, be it the sense of the Congress regarding Wei Jingsheng; Gudhun Choekyi Nyima, the next tions from other sources. Resolved, That October, 1996, should be designated ‘‘Roosevelt History Month’’. The Panchen Lama of Tibet; and the human Madam President, we have a respon- President is requested to issue a proclama- rights practices of the Government of the sibility to act quickly to fix Federal tion calling on the people of the United People’s Republic of China. programs, such as this one, that have States to observe the month with appro- The PRESIDING OFFICER. Is there proved unworkable. So, I have urged priate ceremonies and activities. objection, to the immediate consider- that the Senate act on this bill imme- f ation of the joint resolution? diately and send it to the President There being no objection the Senate TITLE 18 UNIFORMITY ACT without further delay. I would note proceeded to consider the bill. that the National Highway System bill Mr. BROWN. Madam President, I ask Mr. HELMS. Madam President, citi- that the President recently signed cor- unanimous consent the Senate proceed zens all over the world are protesting— rected problems with EPA regulations to the immediate consideration of Cal- and after all major Western countries for the vehicle inspection and mainte- endar No. 242, S. 1331. have complained to the Chinese Gov- nance program under the Clean Air The PRESIDING OFFICER. The ernment—about the mistreatment of a Act. Where legitimate problems with clerk will report. courageous Chinese citizen named Wei implementation of the Clean Air Act The assistant legislative clerk read Jingsheng because Wei has spent most have been discovered, we are moving to as follows: of his life trying to bring democracy correct them. A bill (S. 1331) to adjust and make uniform and decent human rights to his 1.2 bil- Mr. BROWN. Madam President, I ask the dollar amounts used in title 18 to distin- lion fellow Chinese citizens. guish between grades of offenses, and for In return, the Chinese Government unanimous consent that the bill be other purposes. deemed read a third time, passed, the has sentenced him to another 14 years The PRESIDING OFFICER. Is there motion to reconsider be laid upon the in a jail after a trial that lasted 6 hours objection to the immediate consider- table, and that any statements relating and to which no officials representing ation of the bill? to the bill be placed at the appropriate the United States Government were al- There being no objection, the Senate lowed to attend. place in the RECORD. proceeded to consider the bill, which The Wei Jingsheng trial follows on The PRESIDING OFFICER. Without had been reported from the Committee the heels of last week’s Communist objection, it is so ordered. on the Judiciary, with an amendment Chinese Government’s announcement The bill (H.R. 325) was ordered to a to strike all after the enacting clause that for the first time in Tibetan his- third reading, was read the third time, and inserting in lieu thereof the follow- tory, Red China has selected a succes- and passed. ing: sor to the Panchen Lama, the second S 18576 CONGRESSIONAL RECORD — SENATE December 13, 1995 highest-ranking official in Tibetan Some Senators maintain that quiet On April 1, 1994, just a few weeks Buddhism, His Holiness the Dalai diplomacy will work better than a con- after he had met with Assistant Sec- Lama being the No. 1, of course. gressional resolution. I differ. Since retary of State John Shattuck to dis- Madam President, these significant July, the United States Congress, and cuss human rights in the PRC, Wei events deserve the attention of all effectively the United States Govern- vanished. While it was known at the Americans and other citizens around ment, have engaged in quiet diplomacy time that he had been arrested, no war- the world. Senate Joint Resolution 43 and has shied away from strong state- rant had been issued for his arrest; no is a sense-of-the-Congress resolution ments about events in China. Look formal charges were instituted against objecting to the treatment of Wei where those efforts have gotten us on him; members of his family were never Jingsheng, who, by the way, is known issues about which we care deeply. notified of his arrest or subsequent as the father of democracy in China. That brave young man fighting for whereabouts, and the authorities would Senate Joint Resolution 43 expresses democracy in Communist China and not even confirm he was being held. In- regret concerning the Chinese Govern- that poor 6-year-old boy and his par- quires as to his status from organiza- ment’s decision to name its own Pan- ents who have disappeared because he tions and leaders outside of China were chen Lama of Tibet for the first time was chosen as the next Panchen Lama rebuffed. in Tibetan history. The resolution calls of Tibet need our help. On November 21, of this year, 20 upon the United States Government to I encourage Senators to support this months after first being arrested and sponsor, and aggressively push for, pas- resolution and say a prayer for all Chi- held without charge, the Xinhua News sage of a resolution at next spring’s nese citizens who one day could be mis- Agency announced that Wei was being meeting of the U.N. Human Rights treated just as these young men have formally charged with ‘‘activities to Commission condemning Red China’s been. overthrow the government.’’ Although human rights record. Mr. THOMAS. Madam President, on the exact nature of his ‘‘crimes’’ was In drafting this resolution, I decided Monday the distinguished chairman of left nebulous, the charge carries the that it is important to highlight both the Foreign Relations Committee in- death penalty in the PRC. The PRC, the plight of Wei Jingsheng and the troduced Senate Joint Resolution 43 which seems to have learned a thing or Chinese Government’s invasion into relative to two recent moves by the two about public relations over the the religious freedoms of the Tibetan central government in the People’s Re- years, conveniently timed the an- public of China which are of great con- people. Both issues—religious freedom nouncement to occur after the comple- cern to me as the chairman of the Sub- and political freedom—are human tion of the recent APEC meetings in committee on East Asian and Pacific rights issues and should therefore be Osaka, Japan, and after the announce- Affairs: the formal charging and trial linked. ment of the 1995 Nobel Peace Prize for yesterday of Chinese human rights ac- This is not the first linkage of these which Wei had been nominated; both tivist Wei Jingsheng, and the selection two issues. In fact, when President events would have provided an uncom- by the central authorities in Beijing of Clinton and Jiang Zemin met in New fortable forum for international criti- a new Panchen Lama. I am an original York, it was emphasized to the Chinese cism of the charges. Instead, they have cosponsor of that legislation, and rise leader that it is imperative for China until the next meeting of the U.N. to make progress on these two human today to express my full support for it. Wei Jingsheng is known as the father Human Rights Commission in Geneva rights issues. In fact, at that meeting, next March to try and convict Wei and the Chinese were requested to give spe- of the PRC’s modern democracy move- ment, and has spent a good deal of his the hope that any international uproar cial attention to the fate of Wei will die down. Jingsheng, and of other political pris- adult life in prison as a result of his be- liefs. Wei was first arrested in the A Xinhua report this last Sunday oners. noted that Wei’s trial would begin Did the Chinese believe that charging spring of 1979 for allegedly ‘‘providing foreigners with confidential military today (late yesterday, Beijing time) in Wei Jingsheng with attempting to the Beijing Intermediate People’s overthrow the government and sen- information and engaging in activities Court. As of 48 hours before the trial tencing him to 14 years in jail was which pose a threat to state security was scheduled to begin, Wei’s attor- what was when the United States spec- and designed to overthrow state ney—Zhang Sishi—had still not re- ified special attention? Of course not; power;’’ the fact that the ‘‘secrets’’ had ceived written notice of the charges the Chinese actions are mere examples been previously published in a widely- against his client, nor had he been al- of the in-your-face attitude of the circulated government journal was ap- lowed to meet with him. Although it Beijing government. parently seen as immaterial. His true Madam President, Senate passage of offense was participating in the ‘‘De- has been announced that the trial will this resolution is vital. If the Senate mocracy Wall Movement’’ by penning a be—somewhat uncharacteristically— fails to make a clear definitive state- work entitled ‘‘Diwu Xiandaihua—The ‘‘open,’’ that means only that some of ment protesting these actions, the Chi- Fifth Modernization.’’ That piece ar- Wei’s family members may be allowed nese will decide that the American peo- gued that the Communist Party’s to attend along with other individuals ple don’t care. ‘‘Four Modernizations’’ program—to picked by the government. Late yester- That, of course, is simply not the modernize industry, agriculture, day, after a 6-hour trial, Wei was sen- case. If the U.S. Congress does not act science/technology, and the armed tenced to a 14 year term of imprison- now on Wei Jingsheng’s behalf, we will forces—would be incomplete without a ment. be forfeiting the opportunity to make a ‘‘fifth modernization:’’ democracy. In I am deeply concerned with the use of difference. addition, he had circulated an article the Chinese criminal code to silence I further understand the Clinton ad- warning that Deng Xiaoping was devel- those who peacefully advocate democ- ministration is to decide in the near fu- oping Mao-like dictatorial tendencies. ratization and who exercise their ture, whether the United States should For this, he was sentenced to a loss of rights to free speech. I am equally wor- support a China human rights resolu- political rights for 3 years and 15 years ried by the response, or should I say tion at the next meeting of the U.N. in prison of which he served 141⁄2 years. lack of response, from the Clinton ad- Human Rights Commission in Geneva. As part of its bid to host the 2000 ministration. Candidate Clinton was We have supported a China/human Olympics, the PRC released a number long on talk about Republicans ‘‘cod- rights resolution for the past 3 years. of political prisoners in a quid pro quo dling dictators,’’ and how he would This year should not be different. I attempt to influence the choice of the make human rights the foundation of encourage the President to think long selection committee. As a result, Wei his foreign policy. But as we have seen and hard about that decision. President was paroled in September 1993 but was with so many other issues, he appar- Clinton has said over and over that the kept under constant surveillance since ently did not mean what he said; as far best way to pressure the Chinese on that time. Upon his release he resumed as I can tell, that foundation is human rights issues is to pursue them his prodemocracy activities, writing cracked. The Clinton administration in international arenas. The U.N. articles and speaking with foreign jour- has been slowly ceding ground on this Human Rights Commission is an oppor- nalists and government officials in sup- issue with the Chinese since he took of- tunity that should not be missed. port of democracy in China. fice. Instead of high-level reactions to December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18577 the Wei arrest and trial, I have seen disturbances and made troubles in Lhasa, Gedhum Cho¨ kyi Nyima in the Tibetan only low-level, lukewarm, noncommit- but the Great Master Panchen always main- village of Nagchu, Lhari District, north tal expressions of concern from Foggy tained a firm stand, held high the banner of of Lhasa. Bottom. patriotism, and unequivocally and resolutely Their loss of control over the process upheld the motherland’s unification and na- In 1986, in a speech urging his fellow tional unity. infuriated the Chinese, who denounced party leaders to take a hard-line on do- He became a member of the Chinese- the proclamation in predictably Com- mestic critics of the government, Deng installed Communist government, and munist rhetoric. The government press Xiaoping used Wei as an example: regularly called on Tibetans to submit labelled the Dalai Lama’s action Didn’t we arrest Wei Jingsheng? We ar- to the new order. In frequent state- ‘‘splittist’’ and ‘‘illegal and invalid,’’ rested him and have not let him go, yet Chi- ments he praised the new Communist and condemned him for ‘‘his vicious in- na’s image has not suffered. government, and over the years gave tention of disrupting Tibet’s stability Whether Wei’s predicament is to be a legitimacy to the Chinese occupation. and undermining China’s national bargaining tool for the March U.N. Although he apparently had a change unity through religious means.’’ meeting, or signals a shift towards the of heart at the beginning of the Cul- Having been beaten to the punch by conservatives in the party hierarchy, tural Revolution, for which he was the Dalai Lama, the Chinese govern- President Clinton’s lack of response at jailed for nearly a decade, after his re- ment attempted to regain the initia- this time can only embolden China, habilitation in 1978 he continued to tive. The Dalai Lama’s candidate dis- and place at risk the freedom of others refuse to back calls for Tibetan inde- appeared, and is said by authoritative in the democracy movement such as pendence. sources to be held under house arrest student leader Wang Dan, activist Li Since the death of the Panchen Lama in Beijing with his parents. Moreover, Guotao, trade unionist Liu Nianchun, in January 1989, observers have ex- the Chinese launched an unprecedented academician Yuan Hongbing and reli- pected a clash between the Tibetans media campaign to discredit the Dalai gious activist Xiao Biguang. All have and the Chinese over the choice of the Lama and his choice, and to justify disappeared in the last 2 years. lama’s reincarnation. The reason is their brazen interference in the selec- Turning to the issue of the Panchen simple: this conflict is not simply some tion process. The complete irony of a Lama, it is a central belief in Tibetan arcane religious tussle, but is part of secular atheist Communist government Buddhism that certain deities take the ongoing collision of interests over completely usurping such a purely reli- human form in the bodies of important who really rules Tibet. For the first gious issue as the choice of a lamas to lead believers toward enlight- time, the Chinese were presented with reincarnated soul should be lost on no enment. It is believed that the souls of the opportunity of hand-picking and one. The Chinese have spent years at- these lamas are reborn shortly after shaping in their own political image tempting to destroy Tibetan Buddhism their deaths into the bodies of newborn from his youth a traditional leader of as a remnant of the ‘‘feudal, oppressive infants in order to continue their task the Tibetan people. With the prospect past,’’ and as a competitor to Com- on earth. Known generically as tulku, of grooming a credible and more com- munism; it is, after all, a central ten- the two most important of these lamas pliant alternative leader for the Ti- ant of Marxist-Leninist thought that are the Dalai Lama, the temporal and betan people, few believed that the Chi- religion is the opiate of the masses. spiritual head of Tibet, and the Pan- nese would acquiesce to the rightful Thousands of Buddhist monks and nuns chen Lama. The Panchen Lama is be- authority of the Dalai Lama and Ti- have been arrested and imprisoned lieved to be a reincarnation of the Bud- betan Buddhist hierarchy in the choice. since the annexation of Tibet; thou- dha Amitabha, the Buddha of Infinite Soon after the Panchen’s death, ne- sands of monasteries and temples have Light. Because he wields the highest gotiations took place between the been destroyed, and countless works of temporal as well as spiritual authority, central government and the group religious devotion such as statues have the Dalai Lama is considered pre- charged with searching for his reincar- been melted down or shipped out of the eminent to the Panchen in the lamaist nation, the monks of Tashilhunpo— country. Yet the government in Beijing hierarchy. ‘‘Mass of Glory’’—Monastery in has devoted a significant amount of Since the occupation of Tibet begin- Shigatse, the traditional seat of the press and other resources to the rein- ning in the late 1940’s, the Chinese have Panchen Lama. The compromise carnation question. The cover and sought to coopt the Panchen Lama in reached provided that the monks would many of the articles in a recent issue an attempt to counter the role and au- look for the reincarnate lama only in of the Beijing Review were devoted to thority of the Dalai Lama. When the China and Tibet, thus precluding a can- it; countless articles have appeared in Chinese invaded Tibet and overthrew didate being found among the Dalai official party newspapers such as the legitimate government, the Dalai Lama’s Tibetan supporters in exile in Re´nmı´n Rı´ba´ o. For example, for over a Lama fled to northern India where he India. In return, the monks were prom- week the front page of the party daily established a Tibetan government-in- ised that they could use traditional in Tibet, Xz´a´ ng Rı´ba´ o, carried a exile. The 10th Panchen Lama re- procedures to select the reborn lama. lengthy and detailed series called mained behind however, effectively be- A committee of monks from the ‘‘Questions and Answers Regarding the coming over the years the Vidkun Tashilhunpo began to search for the re- Reincarnated Child of the 10th Pan- Quisling of Tibet, assisting the Chinese incarnate lama by consulting religious chen.’’ in the ‘‘peaceful liberation’’ of Tibet. oracles and searching for omens in the The attacks have extended to the As reported in the November 11 edition reflective waters of a lake high in the Dalai Lama himself. For example, a of Xzang Ribao: Himalayas. The committee then vis- four-part series on Lhasa Tibet Peo- In March 1959, Tibet’s upper-level reaction- ited children in villages around the ple’s Radio Network broadcast over a ary clique launched a counter-revolutionary country who were reported to have cer- period of 4 days vilified His Holiness armed revolt in a vain attempt to undermine tain physical and mental indications of and exposed his so-called ‘‘crimes.’’ He the motherland’s unification. Great Master being reincarnate. The committee has suffered similar attacks from Panchen [the Panchen Lama] immediately spent more than 5 years examining var- Gyatsen Norbu, the Chairman of the cabled Chairman Mao and Premier Zhou [Enlai] to express his support for the State ious candidates. As they finalized their Tibet Autonomous Regional People’s Council’s order to dissolve the Tibetan local choice, to the chagrin of the authori- Government, the Communist-con- government and to quell the rebellion. At a ties in Beijing word was leaked from trolled Executive Council of the Bud- rally held by people of all circles of Xigaze the search committee to the Dalai dhist Association of China, and [Shigatse], he urged all monks, ordinary peo- Lama of the identity of the candidates. Pagbalha Geleg Namgyai, Chairman of ple, and patriotic people of Tibet to clearly This allowed the Dalai Lama, who the the Tibet Autonomous Region Chinese distinguish right from wrong and good from Chinese for the first time had excluded People’s Political Consultative Con- evil, to draw a clear line between them and from his traditional role in the process, ference. The official media have also the reactionary clique, and, under the par- ty’s leadership, to unite in resolutely assist- to act preemptively and announce on done everything to slander and tarnish ing the People’s Liberation Army to quell May 14 that the search committee had the Dalai Lama’s choice for Panchen, the rebellion. Since September 1987, a small found the reincarnation of the Panchen including accusing the boy’s parents of number of separatist elements have created Lama in the person of 6-year-old having bad reputations among their S 18578 CONGRESSIONAL RECORD — SENATE December 13, 1995 neighbors, and the boy of killing a dog The blatant interference in a purely West is unfairly trying to prevent them by drowning it—an thoroughly un-Bud- religious Tibetan affair is of great con- from that place. dhist act. cern. Without getting bogged down in a I and several of my colleagues have The amount of coverage the issue has detailed and somewhat esoteric discus- tried to make it clear to Beijing that received in the communist media has sion of the historical precedents, let there is not some organized plot at- reached the point of overkill, even for me just outline some of the objections tempting to keep them from doing so. the Chinese press, and has risen to the to the Chinese position. First, it com- Rather, what we have emphasized to level that it indicates that the govern- pletely ignores the Dalai Lama’s cen- them is that a place at that particular ment in Beijing believes that if they turies-old right to participate actively table is not a right free for the taking, repeat something enough it will even- in the choice of the Panchen Lama. By but a privilege which comes with it a tually become the truth. I am re- eschewing the Dalai Lama’s traditional panoply of responsibilities. Foremost minded of the line from Act III of role, the Chinese are completely flout- among those is to adhere to inter- Shakespeare’s ‘‘Hamlet’’, which I para- ing the historical precedent they claim national norms of conduct and to trea- phrase: ‘‘The government doth protest they are upholding. The confirmation ty and similar legal commitments. too much, methinks.’’ of either the Dalai or Panchen Lama is If the PRC does not live up to its Coincident with the increase of offi- not complete until mutually recog- present commitments, then they can cial propaganda, the Chinese continued nized by the other. Chinese scholars, be sure that the rest of the world is to try to regain control of the process. whom the government is so fond of going to be hesitant to enter into any In September the Chinese ousted quoting, have previously reiterated others with it; and the problem is, they Chadrel Rinpoche—the head abbot of this requirement. For example, Ya are not. Beijing says that it is fully liv- the Tashilhunpo Monastery and head of Hanzhang, in his Biographies of the Ti- ing up to all its obligations. However, the search committee—and replaced betan Leaders Panchen Erdeni, wrote: as the Chinese are fond of saying, him with their own candidate, By Tibetan tradition a reincarnation of the words are fine but only if followed up Sengchen Lobsang Gyatsen. Chadrel Panchen could not be religiously legal with- by deeds. An examination of their Rinpoche is believed to be in detention out the Dalai’s recognition, and the same deeds, unfortunately, shows that these with several other noncompliant was the case with the Dalai. do not match their words. In the case monks from the monastery. Three new Thus, the exclusion of the Dalai of Wei Jingsheng, the maximum names for finalists —Gyaltsen Norbu of Lama renders the validity of Beijing’s amount of time a criminal suspect can Nagchu, Tsering Wangdu of Nagchu, choice void ab initio. be detained without charge is twelve and Ngawang Namdrol of Lhasa—were Second, for the first time in history months; yet he was held for over twen- then identified by the Chinese govern- it puts the Chinese government in the ty. China is a signatory to the univer- ment, which announced that the final- place of the Dalai Lama. In the past, sal Declaration of Human Rights, yet ist would be chosen by drawing lots Beijing’s role was one limited to nomi- the handling of Wei’s case clearly vio- from a golden urn, a procedure used nal approval of the selection already lates Article III of that document. Fi- once in 1792 by a Qing dynasty em- made by the Tibetans. There existed a nally, the language of the Xinhua an- peror. Chinese television showed State unique relationship between the high nouncement of the charges against Wei President Jiang Zemin meeting with lamas of Tibet and the Chinese impe- noted that his actions ‘‘were in viola- the monks remaining on the commit- rial court; it was called ‘‘priest-pa- tion of the criminal law and con- tee, urging them to complete their tron.’’ The Chinese emperors looked to stituted crimes;’’ an article in the De- work as soon as possible in order to the lamas as spiritual advisers. In re- cember 11 Beijing Review notes that ‘‘ensure stable development in Tibet.’’ turn for that advice, the Chinese of- his actions leading to this arrest On November 6, the Chinese govern- fered gifts to the high lamas and mili- ‘‘[were] in violation of the Criminal ment convened a meeting of senior tary protection to the region. There- Law and constitute crimes.’’ This, and lamas at the Jingxi Guest House in fore, any involvement by the Chinese the fact that his trial took only 6 Beijing to finalize the selection proc- in the choice of a Dalai or Panchen hours, seems to me to indicate that his ess. On November 10, Li Ruihuan, a Lama during the Qing dynasty, under guilt had been determined long before member of the Standing Committee of Emperors such as Kangxi and Qianlong, his trial began. This presupposition of the Central Political Bureau and Chair- stemmed not from a desire to dictate guilt also runs counter in international man of the National Committee of the the outcome from Beijing but because standards of justice. Chinese People’s Consultative Con- those Emperors were fervent followers As for the Panchen issue, the PRC’s ference, addressed the meeting and of Tibetan Buddhism. constitution guarantees freedom of re- gave it its marching orders. At the end Mr. President, I can already predict ligion and freedom from being dis- of November, the Chinese chose 6-year- with certainty the Chinese reaction to criminated against on the basis of reli- old Gyaltsen Norbu as the 11th Pan- this joint resolution. The Foreign Min- gious belief. Yet thousands of Tibetans chen Lama; he was enthroned in Lhasa istry is sure to declare both issues sole- have been persecuted for their religious on December 8. In its haste to put the ly within the purview of China’s inter- faith over the years. Moreover, official imprimatur on the child, the nal affairs which are, ipso facto, none Beijing’s manipulation of the selection Chinese brushed aside the several years of the rest of the world’s business. In of the Panchen Lama is clear meddling of monastic training usually afforded a fact, in response to world criticism of in a purely religious issue for political candidate before his enthronement. the Wei arrest Shen Guofang, the Min- gain, and violates the religious rights Senior monks were required to attend istry spokesperson, has already stated: of believing Tibetans. Similarly, as the ceremony at Lhasa’s Jokhang Ca- The case of Wei Jingsheng is not a human Senator FEINSTEIN mentioned yester- thedral, and those supportive of the rights affair. On the contrary, it is those day in a meeting of the full Foreign Dalai Lama and feigning illness in people and organizations who try to interfere Relations Committee, she has been re- order to avoid attendance were warned in China’s judicial procedures that have ac- peatedly assured over the years by offi- on the consequences of such action. tually violated international standards by cials in the highest levels of the Chi- State Councilor Li Tieying oversaw the interfering in China’s internal affairs. nese Government that Tibet ‘‘is enti- ceremony, delivering a message from Rather than rehash this old human tled to manage its own cultural and re- Jiang Zemin for the boy to ‘‘safeguard rights/internal affairs song and dance, ligious affairs.’’ The actions regarding the motherland and work in the inter- then, let me take a new approach an the Panchen Lama would seem to con- ests of the people.’’ In reply, the boy give the PRC another reason why these tradict that assertion. reportedly responded by ‘‘express[ing] issues are important to us and should, Time and time again China calls into his gratitude to the central govern- consequently, be important to them. question its commitment to the rule of ment, President Jiang Zemin, Premier The Chinese have made a great deal of law and to international norms, wheth- Li Peng, and representatives of the noise lately about being allowed to as- er it be in regards to agreements on in- State Council * * * and saying that he sume their rightful place among impor- tellectual property, the enforcement of loves the motherland [China] and the tant powers on the world stage, and international arbitration awards, or Tibetan religion.’’ have complained vociferously that the the proliferation of nuclear or other December 13, 1995 CONGRESSIONAL RECORD — SENATE S 18579 weapons. The cases of Wei Jingsheng Whereas Chatrel Rinpoche, who is the head MEASURE READ FOR THE FIRST and the Panchen Lama are just two of the original search committee for the new TIME—S. 1472 Panchen Lama and who refused to denounce more unfortunate examples. If as a re- Mr. FORD. Madam President, I un- sult the rest of the world is a bit reti- the Dalai Lama’s selection of the new Pan- chen Lama, is also missing and believed to derstand that S. 1472, Federal Judges cent to enter into other agreements be held by authorities of the Government of for the Middle and Eastern Districts of with the PRC—for example, the WTO the People’s Republic of China; Louisiana, introduced earlier today by agreement—for fear that the Chinese Whereas the Panchen Lama is one of the Senator BREAUX, is at the desk. will continue to say one thing but do highest-ranking religious official of Tibetan The PRESIDING OFFICER. The Sen- another, then before it points the fin- Buddhism; ator is correct. ger of accusation at us for denying it Whereas the rejection of the Dalai Lama’s Mr. FORD. Madam President, I ask its ‘‘rightful place’’ in the world, it selection of Panchen Lama by the Govern- ment of the People’s Republic of China, and for the first reading. should realize that it has no one to The PRESIDING OFFICER. The blame but itself. the selection of its own candidate for Pan- chen Lama, is seen by many Tibetans as po- clerk will read the bill. I urge my colleagues to support Sen- liticizing a purely religious affair and as a The assistant legislative clerk read ate Joint Resolution 43, and thank the violation of fundamental Tibetan human as follows: distinguished Chairman and ranking rights; A bill (S. 1472) to provide for one additional member of the Committee for their Whereas since the invasion of Tibet in 1949, Federal judge for the Middle and Eastern leadership on these important issues. the Government of the People’s Republic of Districts of Louisiana and one less Federal Mr. BROWN. I ask unanimous con- China has taken any expression by the Ti- Judge for the Eastern District of Louisiana. sent the joint resolution be deemed betan people of their distinct religious or cultural identity as a direct challenge to Mr. FORD. Madam President, I ask read a third time, passed, the amend- for the second reading. ment to the preamble be agreed to, the that government’s political control of Tibet; Whereas Chinese officials have repeatedly Mr. BROWN. I object. preamble as amended be agreed to, the maintained that the Tibet Autonomous Re- The PRESIDING OFFICER. Objec- motion to reconsider be laid upon the gion is entitled to manage its own cultural tion is heard. The bill will lay over and table, and that the statements relating and religious affairs, and the intervention of will receive its second reading on the to the resolution be placed at the ap- Chinese government authorities in the selec- next legislative day. tion of the next Panchen Lama is a clear vio- propriate place in the RECORD. f The PRESIDING OFFICER. Without lation of that principle; objection, it is so ordered. Whereas for 3 consecutive years, the Unit- AU PAIR PROGRAMS EXTENSION ed States has been a primary sponsor of reso- The joint resolution (S.J. Res. 43) Mr. BROWN. Madam President, I ask was deemed read the third time and lutions criticizing the human rights prac- tices of the Government of the People’s Re- unanimous consent that the Senate passed. public of China in China and Tibet at the an- proceed to the immediate consider- The preamble, as amended, was nual meetings of the United Nations Human ation of Calendar No. 267, S. 1465. agreed to. Rights Commission in Geneva; The PRESIDING OFFICER. The The joint resolution, with its pre- Whereas these resolutions call upon the clerk will report. amble, is as follows: Government of the People’s Republic of The assistant legislative clerk read S.J. RES. 43 China to take measures to ensure the observ- as follows: ance of all human rights, invite that govern- Whereas on November 21, 1995, the Govern- A bill (S. 1465) to extend au pair programs. ment of the People’s Republic of China for- ment to cooperate with all special mally arrested Wei Jingsheng, who is known rapporteurs and working groups, and request The PRESIDING OFFICER. Is there internationally as the father of the democ- the Secretary General of the United Nations objection to the immediate consider- racy movement in China; to prepare a report for the United Nations ation of the bill? Whereas the Government of the People’s Human Rights Commission on the human There being no objection, the Senate Republic of China has held Wei Jingsheng in- rights situation in China and Tibet; proceeded to consider the bill. communicado and without charge since April Whereas at the March 1995 meeting of the AMENDMENT NO. 3099 1994 and has rebuffed international calls to United Nations Human Rights Commission release him; in Geneva, the resolution lost by only 1 vote; (Purpose: To extend au pair programs Whereas Wei Jingsheng has spent all but 6 Whereas it is important to maintain inter- through fiscal year 1997) months of the last 16 years in detention be- national pressure on the Government of the Mr. BROWN. Madam President, I cause of this unwavering support for freedom People’s Republic of China in order to induce send an amendment to the desk for of speech and the development of democracy that government to respect internationally- Senator HELMS and Senator DODD, and in China; recognized standards of human rights; and I ask for its immediate consideration. Whereas at an October 1995 meeting in New Whereas in May 1994, the President of the The PRESIDING OFFICER. The York between President Clinton and Presi- United States pledged strong support for ef- dent Jiang Zemin of China, the Administra- forts at international forums to criticize the clerk will report. tion urged the Government of the People’s human rights practices of the Government of The assistant legislative clerk read Republic of China to release political pris- the People’s Republic of China: Now, there- as follows: oners and specifically included Wei fore, be it The Senator from Colorado (Mr. BROWN), Jingsheng and others among such prisoners; Resolved by the Senate and House of Rep- for Mr. HELMS, for himself and Mr. DODD, Whereas the treatment of Wei Jingsheng resentatives of the United States of America in proposes an amendment numbered 3099. by the Government of the People’s Republic Congress assembled, That the United States Mr. BROWN. Madam President, I ask of China raises concern over the future of Government should— unanimous consent that reading of the other jailed dissidents in China, including (1) press for the immediate and uncondi- Wang Dan, a student leader in the 1989 pro- tional release of Wei Jingsheng and other po- amendment be dispensed with. democracy movement in China; litical prisoners by the Government of the The PRESIDING OFFICER. Without Whereas on May 14, 1995, His Holiness the People’s Republic of China; objection, it is so ordered. Dalai Lama announced recognition of 6-year- (2) urge the Government of the People’s The amendment is as follows: old Gedhun Choekyi Nyima as the next Pan- Republic of China to respect the wishes of On line 9, strike ‘‘1999’’ and replace with chen Lama; the Tibetan people by supporting the selec- ‘‘1997.’’ Whereas recognition of the successor to tion of the new Panchen Lama by His Holi- On page 2, line 1, strike ‘‘1998’’ and replace the Panchen Lama in Tibet has always been ness the Dalai Lama; with ‘‘1996’’. within the authority of the Dalai Lama; (3) work to ensure the safety of the new Mr. BROWN. Madam President, I ask Whereas for the first time in Tibetan his- Panchen Lama as selected by the Dalai tory, the Government of the People’s Repub- Lama; and unanimous consent that the amend- lic of China has imposed on Tibet its own (4) sponsor and aggressively push for the ment be agreed to, that the bill be candidate for a new Panchen Lama and has passage of a resolution regarding the human deemed read a third time, passed, as rejected the new Panchen Lama selected by rights situation in China at the annual meet- amended, the motion to reconsider be the Dalai Lama; ing of the United Nations Human Rights laid upon the table, and that any state- Whereas Gedhun Choekyi Nyima and his Commission in Geneva scheduled for March family have been missing for 6 months and ments relating to the bill be placed at 1996. are reported being held by authorities of the the appropriate place in the RECORD. Government of the People’s Republic of The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without China; ator from Kentucky. objection, it is so ordered.