October 10, 1998

(pp. 10450 - 10453)

EXPRESSING SENSE OF HOUSE OF REPRESENTATIVES REGARDING CULPABILITY OF HUN SEN FOR WAR CRIMES, CRIMES AGAINST HUMANITY, AND GENOCIDE IN CAMBODIA

Mr. GILMAN. Madam Speaker, I move to suspend the rules and agree to the resolution (H. Res. 533) expressing the sense of the House of Representatives regarding the culpability of Hun Sen for war crimes, crimes against humanity, and genocide in Cambodia (the former Kampuchea, the People's Republic of Kampuchea, and the State of Cambodia), as amended.

The Clerk read as follows:

H. Res. 533

Whereas under the Vietnamese communist occupation of Cambodia (the People's Republic of Kampuchea and the State of Cambodia) between 1979 and 1989, Hun Sen was among a large number of former Khmer Rouge members who were designated by the Vietnamese communists as surrogate leaders of the People's Republic of Kampuchea, where international human rights organizations documented widespread human rights violations;

Whereas during the period leading to internationally supervised elections in1993, as Prime Minister of State of Cambodia and a Politburo member of the communist Cambodian People's Party (CPP), Hun Sen was responsible for the disappearances, murder, and assassination attempts against democratic opponents of the Cambodian People's Party;

Whereas after the Cambodian People's Party lost the 1993 national election, Hun Sen organized a military force that threatened a military coup, resulting in his being given a share of the Prime Minister position with Prince Norodom Ranariddh, the election winner, and his Cambodian People's Party maintaining control of the military, the internal security forces, and provincial government administration;

Whereas in July 1997, Hun Sen ordered a coup d'etat against First Prime Minister Prince (Norodom ) Ranariddh which resulted in the deaths of a large number of civilians caught in the crossfire and the torture and summary execution of at least 100 government officials and the forced displacement of at least 50 thousands people as assault continued on people or communities loyal to Prince (Norodom) Ranariddh;

Whereas during the period leading to July 1998 national election there were wide spread threats, assaults and the suspected assassination of scores of members of parties opposed to Hun Sen;

Whereas in September 1998, Hun Sen ordered a violent crackdown on thousands of unarmed demonstrators, including Buddhist monks, who supported credible investigations of irregularities in the electoral process and the change in the format for allocating seats in the National Assembly which permitted Hun Sen to maintain a small edge over Prince (Norodom) Ranariddh's FUNCINPEC Party and untitled Hun Sen to maintain the post of Prime Minister, which resulted in the brutality toward tens of thousands of pro-democracy advocates and the deaths and disappearances and an unknown number of people, and led to widespread civil unrest which threatens to further destroy Cambodian society; and

Whereas Hun Sen has held and continues to hold high government office in a repressive and violent regime, and has the power to decide for peace and democracy and has instead decided for killing and repression, who has the power to minimize illegal actions by subordinates and allies and hold responsible those who committed such actions, but did not, and who once again is directing a campaign of murder and repression against unarmed civilians, while treating with contempt international efforts to achieve a

genuinely democratic government in Cambodia: Now, therefore, be it Resolved, That it is a sense of the House of Representatives that -

(1) the United States should established a collection of information that can be supplied to an appropriate international judicial tribunal for use as evidence to support a possible indictment and trial of Hun Sen for violations of international humanitarian law after 1978;

(2) any such information concerning Hun Sen and individuals under his authorities already collected by the United States, including information regarding the March 1997 grenade attack against Sam Rainsy, should be provided to the tribunal at the earliest possible time;

(3) the United States should work with members of interested countries and non governmental organizations relating to information any country or organization may hold concerning allegations of violations of international humanitarian law after 1978 posed against Hun Sen and any individuals under his authority in Cambodia and give all such information to the tribunal;

(4) the United States should work with other interested countries relating to measures to be taken to bring to justice Hun Sen and individuals under Hun Sen authorities indicted for such violations of international

humanitarian after 1978; and

(5) the United States should support such a tribunal for the purpose of investigating Hun Sen possible criminal culpability for conceiving, directing, and sustaining a variety of actions in violations of international humanitarian law after 1978 in any judicial proceeding that may result.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New York (Mr. GILMAN) and the gentleman from Florida (Mr. DAVIS) each will control 20 minutes.

The Chair recognizes the gentleman from New York (Mr. GILMAN).

General leave.

Mr. GILMAN. Madam Speaker, I ask unanimous consent that all members may have 5 legislative days within which to revise and extend their remarks on House Resolution 533, the measure under consideration.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from New York? There was no objection.

Mr. GILMAN. Madam Speaker, I yield myself such time as I may consume. (Mr. GILMAN asked and was given permission to revise and extend his remarks.)

Mr. GILMAN. Madam Speaker, I rise today in support of H. Res. 533 expressing the sense of the House of Representatives regarding the culpability of Hun Sen for his violations of international humanitarian law after 1978 in Cambodia.

I want to commend the gentleman from California (Mr. ROHRABACHER), a member of our Committee on International Relations, for introducing this resolution condemning Hun Sen's violent transgressions in Cambodia over the past 20 years. We thank him for his outstanding leadership on this issue.

I also want to thank the gentleman from Nebraska (Mr. BEREUTER), the chairman of the Subcommittee on Asia and the Pacific of the Committee on International Relations, for his work on this important measure and for his continuing attention to the crisis in Cambodia.

I am a proud cosponsor of this resolution, which I support fully. It is incredibly important that this House express its concern about the violence that has plagued and continues to plague Cambodia, and make every effort to bring those responsible for this unnecessary violence to justice.

If tyranny, and especially tyrants like Hun Sen, are allowed to thrive in an atmosphere of impunity, violence and destruction will reign not only in Cambodia but elsewhere as well. Our Nation must make a strong stand and take action to bring this senseless killing to an end and to punish those who are responsible.

Before I close, Madam Speaker, I want to express me general concern about the situation in Cambodia and the pervasive high levels of violence that exist there. The extrajudicial violence must come to an end. Our Nation must use its influence and leverage to pressure any government which is formed to move in a direction of democracy and respect for human rights.

The administration must also seek to garner support from other key nations, such as France, Australia, and Japan, to do the same. The Cambodian people deserve as much and the international community should accept no less.

Though I never believed that the most recent elections could ever be free and fair, because of the environment in which they took place, the tremendous turnout by the Cambodian voters shows that the seed of democracy have been sewn there. It is my belief that any tyrant who tries to stand between democracy, human rights, and the Cambodian people will ultimately find himself to the trash heap of history, as have so many other despots who tried to suppress the human spirit.

To the forces of democracy in Cambodia we say, we in this body are watching carefully. Be assured that the Cambodian people will not stand alone in their quest for democracy, for justice, for human rights, for peace and freedom.

This resolution sends this kind of signal.

Accordingly, I urge my colleagues to support this measure.

Madam Speaker, I reserve the balance of my time.

Mr. DAVIS of Florida. Madam Speaker, I yield myself such time as I may consume, and I rise in support of this resolution.

I would like to start by commending the gentleman from California (Mr. ROHRABACHER) for his leadership in bringing the resolution before the House today. Also appreciate his willingness to work with members of the administration and the concern members of the House.

House Resolution 533 is intended to send a clear signal to Hun Sen and his supporters that the United States and the entire international community views with grave concern both his past actions and his current activities that threatens to impose a system of harsh dictatorship on the people of Cambodia.

There are few people who, through no fault of their own, have suffered more cruelly in the past quarter century than the Cambodians.

In the aftermath of the flawed election, Hun Sen is in the process of solidifying his hold over the levers of power in Cambodia. In the final analysis, I regret to say that there is little the United States can do to prevent this tragedy. But an absolute minimum, we must make clear our opposition to the imposition of a repressive regime on the long-suffering Cambodian people. We can unequivocally, as well, state our conviction that those responsible for Cambodia's past sorrows should be brought to justice.

So, Madam Speaker, this resolution deserves our support. I urge my colleagues to join me in voting "yes" on this important measure.

Madam Speaker, I reserve the balance of my time.

Mr. GILMAN. Madam Speaker, I yield 7 minutes to the gentleman from California (Mr. ROHRABACHER), the sponsor of this resolution and a member of our committee.

Mr. ROHRABACHER. Madam Speaker, House Resolution 533 is intended to help support democracy in Cambodia and prevent a new "killing fields" by serving as the first step to bringing the violent dictator and former Pol Pot trigger man, Hun Sen, to justice. This legislation urges the United States Government and other interested countries to create an appropriate international judicial tribunal for the indictment and trial of Hun Sen.

For the past twenty years, since he was among a core group of former Khmer Rouge officials installed as leaders during the Vietnam Communist occupation of Cambodia, Hun Sen has been at the center of massive violations of international human rights law, including murder, torture, and other widespread abuses of the Cambodian people.

During the past month, Hun Sen's storm troopers have cracked down on non violent pro-democracy demonstrators, including students and Buddhist monks, and tens of thousands of ordinary people. There are numerous reports by the United Nations human rights monitors describing shallow graves containing mutilated bodies with hands tied behind their backs, including some people who were known to have been arrested by Hun Sen's security forces.

Bodies of other victims have been reportedly seen floating down rivers and streams. Buddhist temples and monasteries have been raided and monks whipped by soldiers and goons carrying electric batons and rifle butts. Amnesty International reported that at least 200 democracy protestors arrested are still unaccounted for.

New atrocities continue to emerge. For example, United Nations human rights monitors have been sheltering a 25-year-old woman who was held by Hun Sen's soldiers for 3 weeks in a water-filled fish pen. She saw 5 of 13 fellow prisoners die during that time period from torture, starvation and drowning, including Buddhist monks.

During the 1998 election campaign in Cambodia, the United States International Republican Institute, as well as the National Democratic Institute reported widespread incidents of violence, intimidation and deaths of campaigners for the democratic parties who opposed Hun Sen. The electoral process was described as "fundamentally flawed." Post-election charges of irregularities in ballot counting and an unconstitutional allocation of parliamentary seats led to the pro-democracy uprising and a subsequent repression in Phnom Penh.

Many of these pro-democracy demonstrators courageously defied Hun Sen's storm troopers. They were carrying American flags and being broadcast by Voice of America, which they were playing for the rest of the people there through loudspeakers in this short-lived democracy square.

The fear, intimidation and violence created by Hun Sen continues. Yesterday, an American investigative reporter named Nate Thayer, he is the one who broke the story of Pol Pot's death, and also the relationship between Hun Sen and reputed international drug dealer Teng Bunma, informed that his wife, Carol, an American citizen, a journalist in Cambodia. His wife has been assaulted and, in fact, a bullet was fired during the assault that grazed her head.

This all happened in central Phnom Penh. Nate and Carol previously received four death threats due to his reporting on corruption and tyranny in Hun Sen's regime. Like many cases of independent reporters and editors who have been shot and bludgeoned to death, the case of Nate and Carol, this whole incident has been shrugged off officially as being called a robbery attempt.

This legislation was amended after my staff spent long hours in discussion with the State Department in an effort to find a common position to stopping the violence and to bringing to justice those responsible. The amendment begins with the year 1979 when the Vietnamese communist installed collaborating Khmer Rouge officers, including Hun Sen to power in cambodia. The amendment is an effort to avoid interfering with the State Department's efforts to form a separate tribunal to cover just the Pol Pot years.

After the resolution passed through the Committee on International Relations, Hun Sen protested. In response, the U.S. Embassy in Phnom Penh issued a press release just a few days ago to reassure this tyrant and his thugs that this resolution is simply the opinion of Congress, a signal that he need not worry about his ongoing human rights violations and crack down on democrats.

Satisfied with knowing the embassy was kowtowing to his position, a now confident Hun Sen then demanded, after this press release, demanded that the embassy hand over a Cambodian democracy leader, Kem Sokha, who is being provided asylum in the embassy.

A "yes" vote on this resolution will send a message to Hun Sen that the United States House of Representatives does count and that we are speaking for the American people, and that the House of Representatives will not tolerate murder as a political tool and the denial of democracy by Hun sen and his thugs.

Madam Speaker, dictators such as Hun Sen must understand the United States Congress, whose Members are elected by the American people, represent the ideals of freedom and stand by democrats and ordinary people around the world who are struggling for justice and human rights. There is no excuse for unelected bureaucrats in our State Department to scorn congressional process in order to appease dictators.

As far as tribunals go, we must not permit legal action in Cambodia, which is moving forward to, to focus exclusively on a handful of geriatric Khmer Rouge leaders while former Khmer Rouge like Hun Sen are creating today's killing fields by murdering and torturing with impunity. Today's killers must understand that they will be held accountable for their actions and they must permit democracy and a respect for human rights and the rule of law to take place. That is what this legislation is all about.

I would ask my colleagues to join me in support of this resolution.

Mr. DAVIS of Florida. Madam Speaker, I have no further request for time, and I yield back the balance of my time.

Mr. GILMAN. Madam Speaker, I rise in strong support of H.Res. 533 and I thank the gentleman for yielding me this time. This resolution, of course, addresses the precarious human rights situation in Cambodia and the brutish behavior of the illegal junta in Cambodia and its strongman, Hun Sen. I use that term "illegal junta" advisedly. The gentleman from California (Mr. ROHRABACHER) is to be particularly commended for this legislation and also for his continued focus on Cambodian affairs. Without question, the people of Cambodia have suffered enormously in the past few decades, almost beyond human understanding. They have suffered through colonial rule, Civil War, the genocide horror of Pol Pot and the Khmer Rouge and then the Vietnamese invasion. Prolonged negotiations among the various political factions finally led to the Paris Peace Accord of 1991. A $3 billion international peacekeeping effort resulted in elections in 1993 where 90 percent of the population voted. Though the 1993 elections soundly rejected strongman Hun Sen and his formally communist Cambodian People's Party - CPP, Hun Sen simply refused to turn over the reins of power to the victorious FUNCINPEC party. A tortuous and largely unsuccessful power-sharing arrangement with FUNCINPEC's leader Prince (Norodom ) Ranariddh lasted until July 1997 when a bloody coup d'etat ousted First Prime Minister (Prince Norodom) Ranariddh and his supporters. Hun Sen's 1997 coup dealt a body blow to the fragile democratic institutions which slowly had been taking root in the long suffering country. In the weeks and months that followed nearly all political activity except that of Hun Sen's CPP came to a halt. Most prominent opposition politicians, including Prince (Norodom ) Ranariddh, fled for their lives into exile. Of those who chose to remain or were too slow in fleeing, many were murdered.

On July 26 of this year, the long awaited election was held but this has done little to effectively resolve the long-standing differences or to restore credibility to the governance of the Cambodian people. The party of Hun Sen seems almost certain to continue to hold the reins of power and opposition parties will continue to be marginalized.

Madam Speaker, This is a situation where there are no simple answers and no clear blacks and whites. However, one constant thread has continued throughout this sordid mess, that is, the appalling behavior of Hun Sen. His forces have been responsible for the summary arrest, torture and murder of hundreds of opposition leaders. He has done every thing in his power, including the 1997 coup, which is exactly what it was, despite the fact that the State Department never called it that because they knew it would result in kind of sanctions being imposed under law, to prevent the will of the people from being reflected in their properly elected leaders.

These concerns, and others, are reflected in H.Res. 533, which highlights the human rights violations which have been perpetrated by the Hun Sen Regime.

This Member would say that the author of the resolution the distinguished gentleman from California (Mr, ROHRABACHER) has worked very constructively with others interested in the fate of Cambodia to ensure that his resolution that merits broad support.

The gentleman has mentioned before what has happened with respect the State Department and our embassy in Cambodia, and I am concerned about what he said. Unfortunately, I have verification of it, too. In fact, my office was contacted suggesting that the embassy would no longer be able to protect Americans or the personnel at our embassy in Cambodia if this resolution was brought to the floor of House of Representatives. We cannot start down that slippery slope. The members will not permit that kind of thing to happen. I would say that kind of threat by Hun Sen or people who represent him only confirm what he is, a bloody murderer. We will not be silence. And so I want my colleagues to know, this is a resolution which is appropriate to express our concerns about the terrible things that happened and that continue to happen under Hun Sen.

Madam Speaker, I urge support of H. Res. 533.

Mr. GILMAN. Madam Speaker, I yield the balance of my time to the gentleman from New Jersey (Mr. SMITH) to distinguished chairman of our Subcommittee on International Operations and Human Rights.

Mr. SMITH of New Jersey. I thank the distinguished gentleman for yielding me this time.

Madam Speaker, I rise in strong support of this resolution and express me deep gratitude to the gentleman from California (Mr. ROHRABACHER) for autoring it and for helping to bring it to the floor today and to the gentleman from Nebraska (Mr. BEREUTER) for his strong support for it and also to gentleman from New York (Mr. GILMAN) for the very powerful words they have expressed on this floor, and to my friends on the other side of the aisle.

Madam Speaker, the self-styled "international community" has displayed an unseemingly haste in trying to persuade the pro-democracy parties in Cambodia -- which between them soundly defeated the dictator Hun Sen in the recent election, despite the regime's attempt to intimidate voters and to silence the opposition --they have tried to get them to fold their tents and just slink away into oblivion. But to their credit, the democratic opposition has refused to give up. This is because they know Hun Sen and his government all too well. They know that he is a monster, as the gentleman from Nebraska pointed out a moment ago. He is blood-thirsty. He kills. They know that as a Khmer Rouge commander who spit with Pol Pot, he did it not out of some moral principle, but in a factional power struggle. They know that he has killed many of his political opponents, probably by the thousands, and will kill more if he is given the opportunity. And they that the only hope for Cambodia is for the forces of freedom and democracy to hold on as long as they can. This resolution comes at a very timely moment. It will give them some hope, yes, maybe a small and modest amount of hope, but it will give them some hope that those of us in the international community, those of us in the People's House know what is going on and we stand in solidarity with those pro-democratic forces. It is a very good resolution. I hope it has the unanimous support of the House of Representatives.

Again, I want to thank the gentleman from Nebraska (Mr. BEREUTER), the gentleman from California (Mr. ROHRABACHER) and the gentleman from New York (Mr. GILMAN) for their leadership in bringing this to the floor.

Mr. PORTER, Mr. Speaker, I rise today in strong support of the resolution introduced by the gentleman from California (Mr. ROHRABACHER).

In January of 1997, I went to Cambodia and met Hun Sen. At that time the power sharing agreement between Hun Sen and Prince (Norodom) Ranariddh was still in place but it was clear that it was weakening. The violent July 1997 coup by Hun Sen was the final blow to the ill-conceived relationship that was born by threat of force. During this bloody coup, scores of opposition political leaders and average citizens were killed by Hun Sen's armies.

Since the coup, Hun Sen has consolidated his ill-gotten power and human rights abuses in Cambodia have continued to escalate. Before, during, and after the flawed July 1998 elections, Hun Sen again showed his true colors. The pre- election climate was marked by fear and intimidation. The election apparatus was controlled by Hun Sen; the democratic opposition was in disadvantaged in all aspects of the process, especially in the important area of broadcast media. It was no surprise that Hun Sen's communist party captured more seats than any other party in these flawed elections. Given their disadvantaged position, the strong showing of the opposition ­ which together accounted more than half the total seats in the legislature ­ was remarkable. These results were a strong statement of the dissatisfaction of the Cambodian people with his corrupt and authoritarian rule, and their strong desire for a return to democracy and a new age of good governance.

From his Khmer Rouge days up to the present, Hun Sen always used brutal force -- intimidation, violence, torture, murder -- to get and keep power. According to a new report from the relief group, Medecins sans Frontieres, Hun Sen was responsible for the deaths of 200,000 Cambodians as leader of Cambodia's Vietnamese communist puppet regime from 1984 to 1989. While he was a Khmer Rouge commander, there is no accounting of how many innocent civilians he sent their deaths. Hun Sen rules through force -- it is all he knows and all he understands.

His crimes against the Cambodian people cannot be chronicled only in terms of the loss of life, but must also take account of his consistent efforts to deny their aspirations to a better life. The people of Cambodia have consistently rejected violence and one man rule, and continue to raise their voices in favor of freedom, justice, democracy and the rule of law. As a country which embodies these ideals, we must do our utmost to support them. This means that we cannot continue to turn a blind eye to the abuses of Hun Sen or send the Cambodian people the message that they have to settle for something less than real democracy, genuine freedom or full human rights. I commend this resolution to the attention of my colleagues, and I urge your strong support of it.

Mr. GILMAN. Madam Speaker. I have no have further requests for time, and I yield back the balance of my time.

The SPEAKER pro tempore (Mrs. EMERSON). The question is on the motion offered by gentleman from New York (Mr. GILMAN) that the House suspend the rules and agree to the resolution, House Resolution 533, as amended.

The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the resolution, as amended, was agreed to.

The title of the resolution was amended so as to read: "Resolution expressing the sense of the House of Representatives regarding the culpability of Hun Sen for violations of international humanitarian law after 1978 in Cambodia (the former People's Republic of Kampuchea, and the State of Cambodia)."

A motion to reconsider was laid on the table.

END