March 13, 2019 CONGRESSIONAL RECORD — SENATE S1837 use to technology by determining what a the targets of corruption investiga- On a related topic, the Guatemalan good digital footprint and digital citizen are. tions sought to curtail CICIG’s role. Congress is about to debate, for the This program continues to educate both par- Last year, that opposition culminated third and final time, legislation to ents and children about cybersecurity/safety, in President Morales expelling the grant amnesty to former military per- the potential harms and dangers associated with the evolving virtual environment, and CICIG commissioner and subsequently sonnel who are charged with or con- discusses in detail about the responsibility announcing that the agreement estab- victed of war crimes and crimes needed by all ages when it comes to the con- lishing CICIG would be terminated, ef- against humanity. If the amnesty leg- stant influx of technology in our children’s fective immediately. That announce- islation is approved, those serving pris- lives. With the increasing suicide rates, ment was made, without warning, after on sentences will reportedly be re- there is a direct correlation between human months of negotiations between Guate- leased within 24 hours. The Guate- trafficking, cyberbullying, and sexting that malan, UN, and U.S. officials on re- malan Congress has long had a reputa- are negatively impacting society. forms requested by the Morales govern- tion for being corrupt, and absolving DEFINITION OF TERMS ment, which would have established military officers who engaged in hei- Good digital citizen: While online por- the position of Deputy Commissioner nous crimes is clearly a payoff to ob- traying yourself as a positive person and as well as certain reporting and over- struct justice and undermine the rule using appropriate etiquette sight requirements. of law. Good digital footprint: Leaving positive In response to that announcement, as markers when using the internet and social We remember that Guatemala was media sites well as other worrisome trends in Gua- ravaged by three decades of an internal B.E.A.R.: temala, last week Senator CARDIN and armed conflict that included crimes of B = breathe, stop and take a breath before I, along with Representatives TORRES genocide. An estimated 200,000 people, reacting to a situation that may cause you and MCGOVERN, introduced legislation mostly rural Mayan villagers, were negative feelings in the Senate and House entitled the killed, and, according to the United E = explain to the other person or parties ‘‘Guatemala Rule of Law Account- Nations, more than 90 percent of those how the negative behaviors that are being ability Act.’’ Its purpose is to respond killings were committed by the army. portrayed are impacting you personally to the flagrant actions by the Morales A = affirm actions, your choice is to walk The peace accords that ended that dis- away, block the other party on social media, government to subvert the rule of law, aster were never implemented, and for and ignore including its campaign against CICIG. decades, the victims of those crimes R = report the unwanted behavior to a In fact, the Morales government were denied justice. Now the Guate- trusted adult such as parents, teachers, or lacks authority to unilaterally curtail malan Congress, with the support of counselors. an agreement with the United Nations, President Morales, is on the verge of Timeline. Currently, we are involved with a point that was made clear by the UN adding insult to injury by freeing the two Northeast Iowa School Districts. We are Secretary General. CICIG’s mandate few army officers who were sent to using a 7-week program to educate the stu- continues in effect until September prison. If that happens, the Guate- dents in the following grades kindergarten, 2019, at which point it may or may not third, sixth, eighth, and eleventh about the malan Government will join other pa- Be a B.E.A.R. program. Each student has be renewed. However, I am concerned riah governments that fail to uphold completed a pre-test about the different ob- that there are some, including at the their most sacred obligation to provide jectives that are covered in the core cur- UN, who believe CICIG should signifi- security and justice for their citizens. riculum. After completion of the program cantly reduce its activities and, for all there will be a post-test administered to de- intents and purposes, fade into the sun- f termine the learning curve of the students. set. This would mean that, for the re- SAUDI ARABIA Currently, we do not have substantial re- maining 6 months of its current man- sults because of the initiation phase we are date, CICIG personnel would no longer Mr. LEAHY. Mr. President, it has in. After the completion of our 7-week pro- attend trials or engage in further in- been more than 5 months since jour- gram we will have results to support our nalist and American resident Jamal statement of intent. vestigations. Essentially, CICIG would Conclusion. By implementing these steps discontinue its public activities and its Khashoggi was tortured and murdered of the Be a B.E.A.R. program with children personnel would be limited to pre- inside the Saudi consulate in Istanbul. and adults, we can bring positivity and edu- paring for the shutdown that would More than 5 months since the Saudi cation while being safe online. presumably occur in September. Government initially denied it had f This is extremely worrisome for sev- anything to do with Mr. Khashoggi’s eral reasons. First, donors would be disappearance and told the world, in a GUATEMALA paying to simply keep the lights on. calculated and quickly disproven lie, Mr. LEAHY. Mr. President, for the Second, CICIG would cease to function that he left the consulate unharmed. past dozen years, the International half a year before the end of its man- As the Saudi Government’s com- Commission against Impunity in Gua- date. This would be an enormous waste plicity became clear, its explanations temala, with financial support from of time and resources that could be became even more convoluted. We were the United States and other countries, used to continue pursuing important told to accept that the operation that has worked in collaboration with Gua- cases and to ensure their proper hand- resulted in Mr. Khashoggi’s death was temala’s Public Ministry. That part- off to the public ministry. Third, it an interrogation gone wrong, carried nership has enabled courageous Guate- would send a terrible message to the out by rogue agents who somehow flew malan prosecutors to investigate and Guatemalan people, especially to the to Istanbul, executed Mr. Khashoggi, bring to trial cases they never could families of the victims. and worked with a local collaborator to have pursued without the international CICIG’s work under Commissioner cover up the crime, all, despite their ‘‘shield’’ and assistance provided by Ivan Velazquez has been important not ties to the highest levels of govern- CICIG. It has also enabled courageous only for Guatemala, but for all of Cen- ment, without the knowledge of the constitutional court magistrates to de- tral America. There are still many Crown Prince. Although Senators—Re- fend Guatemala’s weak judicial insti- cases under investigation. Abandoning publicans and Democrats—who have tutions. In a country where throughout these cases would be a grave mistake. been briefed on the matter found that its history high-ranking public offi- It would signal that the Morales gov- possibility preposterous, President cials, including senior military offi- ernment’s tactics of intimidation and Trump and Secretary Pompeo seemed cers, and corporate elites have enjoyed obstruction of justice paid off. It would ready to accept the Saudi Govern- near total impunity for corrupt acts undermine future anticorruption ef- ment’s lies. and violent crimes, the Guatemalan forts in Guatemala, as well as send a The truth is that, while there is a people finally saw that justice is pos- terrible message to anticorruption ef- mountain of information circulating in sible. fort’s in Honduras and fledgling efforts the press that suggests the Crown Not surprisingly, that collaboration in El Salvador. The United Nations and Prince was involved in the planning encountered fierce opposition from its the international community have a and approval of the assassination of inception. The same high-ranking offi- responsibility to do everything possible Mr. Khashoggi, there are still many cials and elites who feared becoming to prevent this result. unanswered questions.

VerDate Sep 11 2014 02:12 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.012 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1838 CONGRESSIONAL RECORD — SENATE March 13, 2019 We know the Saudi Government iden- this murder, the White House will and he remains in prison. In fact, be- tified certain Saudi officials who alleg- share the blame for attempting to fore Mr. Khashoggi was murdered, he edly carried out this murder, but we do cover up the crime and for helping wrote about Dr. Fitaihi’s detention on not know how they were identified, those responsible to evade justice. social media to decry the arbitrary and what these officials were asked, by The administration should also urge repressive trends developing under the whom, and what they have said about the Saudi Government to guarantee a Crown Prince’s rule. Like Jamal the crime, or why some of them were fair and public trial for the men ac- Khashoggi, there is not a shred of evi- brought to trial and others were not. cused of being involved in the killing of dence that Dr. Fitaihi is guilty of any- We know that the Trump administra- Mr. Khashoggi, that meets inter- thing. He should be released imme- tion sanctioned 17 Saudi officials, but national standards of due process. A diately. I ask unanimous consent that we have not been told to what extent trial that fails to disclose all of the a copy of the March 4, 2019, editorial in or why these individuals were targeted facts—a trial that is rushed and secre- the Washington Post, entitled, ‘‘Saudi for sanctions and others were not. We tive—will be seen as simply further ob- Arabia is torturing a U.S. citizen. know that there was a local collabo- struction of justice. Real account- When will Trump Act?’’ which high- rator, but we have not been told his na- ability must occur in this case. lights Mr. Fitaihi’s case, be printed in tionality or identity, nor the where- We know all too well that Mr. the RECORD following my remarks. abouts of Mr. Khashoggi’s body, which Khashoggi’s murder is only one exam- These cases are only a fraction of the has not been returned to his family. ple of the brutal way in which the known examples of the Crown Prince’s What do we know? We know that the Saudi Government, led by the Crown repression. There are countless others Saudi Government—the royal family— Prince, treats anyone it perceives as a that don’t escape the royal family’s is sticking to the latest version of its threat, which means anyone who dares tight control of information in the story, absolving itself of any culpa- criticize the government or who advo- country. This is the so-called reformer bility. The Trump administration cates for human rights. we are told to put our trust in to help maintains, despite many mixed signals, Since May 2018, prominent women’s lead Saudi Arabia into the future. As that it is doing everything in its power rights advocates have been imprisoned others in this body have said, he is no to ensure Mr. Khashoggi’s murderers and tortured by the Saudi Government reformer; he is an impulsive, ruthless are held accountable for their actions. or banned from traveling, without any gangster. It would be naive not to If that is true, we would expect the criminal charges being brought— think that the Crown Prince’s actions administration to be transparent and women like 25-year-old Loujain al- will lead to greater public resentment to cooperate with the Congress. Hathloul, who had a driver’s license and instability in Saudi Arabia and But while I would like to be per- from the United Arab Emirates and ad- jeopardize our long-term interests in suaded of their commitment to pur- vocated for the right of Saudi women the region. Contrary to the thinking of suing justice in this case, their efforts to drive, but was arrested in a sweeping the White House, no amount of arms to date have been anything but con- crackdown on women’s activists just sales and no amount of oil can change vincing. On October 10, 2018, Senators before the Saudi Government lifted the that reality. Corker, MENENDEZ, GRAHAM, and I, ban on female drivers. Dr. Hatoon al- I urge all Senators to join me in urg- along with a majority of the members Fassi, another women’s rights advocate ing the White House and in supporting of the Foreign Relations Committee, and a history professor, was arrested in legislative action as appropriate to sent a letter to the President to trigger June 2018 and remains confined to this protect our national interests by en- a 120-day review and determination on day. While these women have not been suring that United States relations the imposition of sanctions pursuant to charged, their so-called crime is obvi- with Saudi Arabia are guided, first and the Global Magnitsky Human Rights ous: engaging in independent activism. foremost, by our principles and, most Accountability Act with respect to any The royal family will do whatever it importantly, by our commitment to foreign person involved in the murder takes to make clear that they alone the rule of law. of Mr. Khashoggi. The response of the can create change in Saudi Arabia. There being no objection, the mate- administration has been to ignore the That is why, like these women, any- rial was ordered to be printed in the legal requirement to make that deter- one of influence, including average RECORD, as follows: mination. This is only the latest at- citizens who advocate for reforms, is at [From the Washington Post, Mar. 4, 2019] tempt by the administration to ob- risk in Saudi Arabia. It is not only op- SAUDI ARABIA IS TORTURING A U.S. CITIZEN. struct the Congress’s access to infor- position that the Crown Prince fears, it WHEN WILL TRUMP ACT? mation about this crime. is the appearance of capitulation to or- (By Editorial Board) Rather than ignoring its legal obliga- dinary citizens that he seeks to avoid Before he was murdered inside a Saudi tions and keeping Congress in the dark, by cracking down on those who are Consulate in October, our colleague Jamal the administration should be working merely advocating for reforms he him- Khashoggi questioned why Saudi Arabia had with Congress and the international self claims to support. His repression detained a prominent doctor, Walid Fitaihi, community, to expose the truth about has touched every segment of society, a dual Saudi-U.S. citizen seized in a Novem- who gave the orders to kill Mr. from journalists to women’s rights ad- ber 2017 roundup of businessmen. The detain- Khashoggi. If the administration has vocates to economists like Dr. Essam ees, in what was described as an anti-corrup- tion drive, were held at the Ritz-Carlton nothing to hide, then they have noth- al-Zamil, who was detained in Sep- hotel in Riyadh. ‘‘What happened to us?’’ ing to lose and everything to gain by tember 2017, presumably due to his op- Khashoggi, himself a Saudi, asked on Twit- being part of the effort to see justice position to the Crown Prince’s econom- ter. ‘‘How can a person like @Walidfitaihi done. ics plan, and Mohammad Fahad al- get arrested, and for what reason?’’ He One way for the administration to Qahtani, an economics professor and added, ‘‘With no interceding channels to pur- prove it is serious about accountability human rights activist who was sen- sue & no Attorney General to answer ques- is to fully cooperate with the UN Spe- tenced in 2013 to 10 years in prison for tions & verify charges, of course everyone is cial Rapporteur on extrajudicial, sum- breaking allegiance with the royal struck with awe and helplessness.’’ Today, Khashoggi is no longer able to ask mary or arbitrary executions, who is family and defaming the judiciary. such impertinent questions. He was assas- reviewing the evidence in the Sometimes the motivation behind sinated in Istanbul by a hit squad that intel- Khashoggi case. The White House, the the Crown Prince’s actions is a com- ligence reports say was dispatched by the State Department, and our intelligence plete mystery. One egregious case is Saudi crown prince, Mohammed bin Salman. agencies should promptly provide her that of Dr. Walid Fitaihi, a U.S. citizen But Khashoggi’s question remains relevant. with any relevant information in their who earned his medical degree from Mr. Fitaihi, founder of a medical center in possession. George Washington University and a Jeddah, is still a captive. It is not known As I stated on February 3, 2019, if the master’s degree in public health from precisely why, and he has never been charged, although the New York Times President continues to take actions Harvard University. Dr. Fitaihi was quoted a friend saying he was being pres- such as ignoring the clear mandate of seized by Saudi authorities for un- sured to give evidence against a relative. the Magnitsky Act or otherwise refuses known reasons in November 2017. He He has been tortured during his captivity. to cooperate with the investigations of has reportedly been severely tortured, He was reportedly grabbed from his room at

VerDate Sep 11 2014 03:47 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.013 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1839 the Ritz, slapped, blindfolded, stripped to his requires that 50 percent of U.S. Agency was also arrested last summer for ad- underwear, bound to a chair, shocked with for International Development’s micro, vocating for the release of her husband, electricity and whipped so severely that he small, and medium-sized enterprise re- Fowzan al-Harbi, a human rights de- could not sleep on his back for days. The sources are targeted to activities that fender. These female human rights de- Times said his lawyer has written to the State Department that the doctor ‘‘is in fear reach the very poor, as well as enter- fenders remain detained to this day, for his life, that he cannot take his situation prises women own, manage, and con- and several of these activists are due to any longer, and that he desires all possible trol. The WEEE Act empowers women appear in Saudi court this week. With help.’’ The Associated Press quoted the law- to invest in themselves, their families, no access to legal representation, I and yer as saying Mr. Fitaihi is now in a prison and their communities. many of my colleagues fear that these hospital after suffering ‘‘an emotional break- A McKinsey Global Institute report activists will be charged and tried for down.’’ Mr. Fitaihi earned his medical degree estimates that achieving global gender crimes they did not commit, as a result from George Washington University and parity in economic activity could add of engaging in peaceful activities to ad- holds a master’s degree in public health from as much as $28 trillion to annual global vance human rights in Saudi Arabia, Harvard University. On another front in Mohammed bin gross domestic product by 2025. The which are protected under inter- Salman’s drive to crush critical voices, WEEE Act will help women overcome national law. Saudi Arabia’s public prosecutor announced the critical barriers they face when The reduction in funding for women’s charges Friday against a group of female ac- seeking economic opportunity and the rights in recent years is also an im- tivists who campaigned to give women the legislation will open doors for children, mense challenge to future progress, a right to drive—a right that Mohammed bin families, and communities to benefit, challenge exasperated by the Trump Salman conferred after they sought it. The too. administration’s actions, particularly activists have been jailed for nearly a year, This year’s theme of ‘‘Think equal, in the realm of women’s health. The during which Amnesty International says Trump administration’s reinstatement they have been tortured and sexually abused. build smart, innovate for change’’ also They did nothing wrong and should be re- provides the opportunity to celebrate and expansion of the Mexico City pol- leased unconditionally and immediately. some of the incredible and life-chang- icy, often referred to as the Global Gag In the New York Times Magazine on Sun- ing innovations being launched around Rule, for example, has closed the door day, Secretary of State Mike Pompeo, asked the world. In Cambodia, for example, on some of the most effective, life- about the crown prince’s role in the CARE has developed a gamified mobile saving family planning programs by Khashoggi murder, declared that the United app called ‘‘Chat!’’ to provide cost-ef- disqualifying international organiza- States would ‘‘hold everyone that we deter- fective and high-impact reproductive tions from receiving U.S. family plan- mine is responsible for this accountable in ning assistance if any non-U.S. funds an appropriate way, a way that reflects the health education to its young, female best of the United States of America.’’ population working in the garment in- are used to provide abortion services or A doctor with U.S. citizenship was tortured dustry. Cambodia has the largest youth counseling. The implementation of this and held without charge. Women who stood and adolescent population in Southeast expanded policy, as the aforementioned for human dignity and equality were jailed Asia; two-thirds of the population are UN report notes, has ‘‘threatened the and tortured. A journalist was killed. Yet under the age of 29. Increasing numbers integration of health services and cre- President Trump and his administration—in- of Cambodians, especially young ated division in civil society around cluding his son-in-law, Jared Kushner, who women, are migrating to urban areas the world.’’ As underscored by the ex- last week met with the crown prince—are ample of Chat!, we know that family loath to act. That does not reflect the best of to support its garment industry. the United States of America. According to CARE, 85 percent of planning tools are critical to providing Cambodia’s garment factory workers the education, information, and serv- f are women, who are vulnerable to ices that help prevent unplanned preg- AMENDMENT NO. 193 TO S.J. RES. 7 abuse and exploitation. According to nancies and abortions. the United Nations’ research on As I have stated in the past, Amer- Mr. SCOTT of Florida. Mr. President, women, one in three women are likely ica’s global leadership begins with our I oppose amendment No. 193 to S.J. to face violence in her lifetime. There- progress here in the United States. Res. 7, as I believe it is an unnecessary fore, applications like Chat! are crit- This also extends into the realm of measure that too broadly narrows the ical to reach this population and pro- gender equality. A critical challenge to President’s role in international af- vide reproductive health information progress here at home is the fact that fairs. I would have voted no if the and services, helping these women our own Constitution does not already amendment had been called for a roll- make informed and healthy choices guarantee women the same rights and call vote. and prevent unplanned pregnancies. protections as men. The Fourteenth f While International Women’s Day Amendment of the Constitution guar- provides the opportunity to celebrate antees ‘‘equal protection of the laws,’’ INTERNATIONAL WOMEN’S DAY such successes, it is also critically im- and the Supreme Court, so far, has held Mr. CARDIN. Mr. President, today I portant to recognize the work that lies that most sex or gender classifications wish to commemorate International ahead in the fight for gender equality, are subject to only ‘‘intermediate scru- Women’s Day, which occurred this past and especially the challenges that fe- tiny’’ when analyzing laws that may Friday, March 8, 2019. On this day each male human rights defenders face in have a discriminatory impact. Ratifi- year, we recognize and celebrate wom- this fight. A recent United Nations re- cation of the Equal Rights Amend- en’s incredible achievements and dou- port on human rights defenders de- ment, ERA, by State legislatures ble down on our commitment to ad- scribes increased resistance to the would provide the courts with clearer vance gender equality and women’s em- work of female human rights defenders guidance in holding gender or sex clas- powerment, both at home and abroad. at multiple levels, linked to the rise of sifications to the ‘‘strict scrutiny’’ The theme of International Women’s populism, fundamentalism, and violent standard. That is why on January 25, Day this year is ‘‘Think equal, build extremism around the world. 2019, Senator MURKOWSKI and I intro- smart, innovate for change,’’ which The report highlights the increasing duced a resolution to immediately re- highlights the importance of finding number of countries that are actively move the ratification deadline and re- new ways to advance gender equality, restricting fundamental human rights, open consideration of the ERA for rati- especially by utilizing technology. In including the freedoms of expression, fication by the States and finally guar- January of this year, President Trump association, and assembly, and specifi- antee full and equal protections to signed a bill Senator BOOZMAN and I cally notes the enforced disappearances women in the Constitution. sponsored, the Women’s Entrepreneur- of female defenders in Saudi Arabia. While we have much to celebrate on ship and Economic Empowerment Act, Samar Badawi and Nassima al-Sadah, this day, I want to take this oppor- WEEE Act, into law. This important, for example, were arrested last summer tunity to remind my colleagues in the bipartisan legislation allows women for advocating to lift the ban on female U.S. Senate that we must continue to around the world, including those liv- drivers and end the guardianship sys- use our leadership positions to shine a ing in poverty, to access critical tools tem that prevents women from legal spotlight on human rights violations, to start and grow their businesses. It and social independence. Amal al-Harbi wherever they occur, and push for the

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