PRIA, Government Policy, Made Personal

Summary

The Commission must watch how the People’s Republic of China treats human rights found in the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. It covers 12 broad rights, including free speech without prior censorship; peaceful assembly; religious freedom; freedom of movement and to leave and return; basic criminal trial rights (trial in the defendant’s presence, ability to defend with or without chosen counsel, assigned counsel when needed, fair and public hearing by an independent tribunal, presumption of innocence, and timely trial); freedom from torture; worker rights; no imprisonment for political opposition or for exercising human rights; protection from arbitrary arrest, detention, or exile; fair hearings about people’s rights and duties; and free choice of employment. The Commission must also keep lists of people believed to be jailed, detained, under house arrest, tortured, or otherwise persecuted for pursuing these rights, and it must consider the safety of those people and their families when making such lists. The Commission must monitor rule-of-law development in China, such as progress toward democratic institutions; how laws and rules are made, published, and explained; equal treatment under law; judicial independence and appeals; and whether Chinese laws match international human rights standards. It should promote U.S. and private programs that increase people-to-people exchanges and strengthen human rights and the rule of law. The Commission should work with nongovernmental organizations and with the State Department’s Special Coordinator for Tibetan Issues. It must send a report to the President and Congress within 12 months after October 10, 2000 and every year after that. The report must describe laws and policies about the rights above, note any restrictions or discrimination, and describe talks between China and the Dalai Lama or his representatives and steps to protect Tibet’s identity and human rights. Congress must hold hearings on the report soon after it is received. The Commission may also send extra reports as needed.

Title 22, §6912

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Monitoring compliance with human rights

The Commission shall monitor the acts of the People’s Republic of China which reflect compliance with or violation of human rights, in particular, those contained in the International Covenant on Civil and Political Rights and in the Universal Declaration of Human Rights, including, but not limited to, effectively affording—

(1)the right to engage in free expression without fear of any prior restraints;

(2)the right to peaceful assembly without restrictions, in accordance with international law;

(3)religious freedom, including the right to worship free of involvement of and interference by the government;

(4)the right to liberty of movement and freedom to choose a residence within the People’s Republic of China and the right to leave from and return to the People’s Republic of China;

(5)the right of a criminal defendant—

(A)to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing;

(B)to be informed, if he or she does not have legal assistance, of the right set forth in subparagraph (A);

(C)to have legal assistance assigned to him or her in any case in which the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it;

(D)to a fair and public hearing by a competent, independent, and impartial tribunal established by the law;

(E)to be presumed innocent until proved guilty according to law; and

(F)to be tried without undue delay;

(6)the right to be free from torture and other forms of cruel or unusual punishment;

(7)protection of internationally recognized worker rights;

(8)freedom from incarceration as punishment for political opposition to the government;

(9)freedom from incarceration as punishment for exercising or advocating human rights (including those described in this section);

(10)freedom from arbitrary arrest, detention, or exile;

(11)the right to fair and public hearings by an independent tribunal for the determination of a citizen’s rights and obligations; and

(12)free choice of employment.

(b)Victims lists

The Commission shall compile and maintain lists of persons believed to be imprisoned, detained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the People’s Republic of China due to their pursuit of the rights described in subsection (a). In compiling such lists, the Commission shall exercise appropriate discretion, including concerns regarding the safety and security of, and benefit to, the persons who may be included on the lists and their families.

(c)Monitoring development of rule of law

The Commission shall monitor the development of the rule of law in the People’s Republic of China, including, but not limited to—

(1)progress toward the development of institutions of democratic governance;

(2)processes by which statutes, regulations, rules, and other legal acts of the Government of the People’s Republic of China are developed and become binding within the People’s Republic of China;

(3)the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of the People’s Republic of China are published and are made accessible to the public;

(4)the extent to which administrative and judicial decisions are supported by statements of reasons that are based upon written statutes, regulations, rules, and other legal acts of the Government of the People’s Republic of China;

(5)the extent to which individuals are treated equally under the laws of the of the People’s Republic of China without regard to citizenship;

(6)the extent to which administrative and judicial decisions are independent of political pressure or governmental interference and are reviewed by entities of appellate jurisdiction; and

(7)the extent to which laws in the People’s Republic of China are written and administered in ways that are consistent with international human rights standards, including the requirements of the International Covenant on Civil and Political Rights.

(d)Bilateral cooperation

The Commission shall monitor and encourage the development of programs and activities of the United States Government and private organizations with a view toward increasing the interchange of people and ideas between the United States and the People’s Republic of China and expanding cooperation in areas that include, but are not limited to—

(1)increasing enforcement of human rights described in subsection (a); and

(2)developing the rule of law in the People’s Republic of China.

(e)Contacts with nongovernmental organizations

In performing the functions described in subsections (a) through (d), the Commission shall, as appropriate, seek out and maintain contacts with nongovernmental organizations, including receiving reports and updates from such organizations and evaluating such reports.

(f)Cooperation with Special Coordinator (g) Annual reports

In performing the functions described in subsections (a) through (d), the Commission shall cooperate with the Special Coordinator for Tibetan Issues in the Department of State.

(h)Specific information in annual reports

The Commission’s report under subsection (g) shall include—

(1)specific information as to the nature and implementation of laws or policies concerning the rights set forth in paragraphs (1) through (12) of subsection (a), and as to restrictions applied to or discrimination against persons exercising any of the rights set forth in such paragraphs; and

(2)a description of the status of negotiations between the Government of the People’s Republic of China and the Dalai Lama or his representatives, and measures taken to safeguard Tibet’s distinct historical, religious, cultural, and linguistic identity and the protection of human rights.

(i)Congressional hearings on annual reports

(1)The Committee on International Relations of the House of Representatives shall, not later than 30 days after the receipt by the Congress of the report referred to in subsection (g), hold hearings on the contents of the report, including any recommendations contained therein, for the purpose of receiving testimony from Members of Congress, and such appropriate representatives of Federal departments and agencies, and interested persons and groups, as the committee deems advisable, with a view to reporting to the House of Representatives any appropriate legislation in furtherance of such recommendations. If any such legislation is considered by the Committee on International Relations within 45 days after receipt by the Congress of the report referred to in subsection (g), it shall be reported by the committee not later than 60 days after receipt by the Congress of such report.

(2)The provisions of paragraph (1) are enacted by the Congress—

(A)as an exercise of the rulemaking power of the House of Representatives, and as such are deemed a part of the rules of the House, and they supersede other rules only to the extent that they are inconsistent therewith; and

(B)with full recognition of the constitutional right of the House to change the rules (so far as relating to the procedure of the House) at any time, in the same manner and to the same extent as in the case of any other rule of the House.

(j)Supplemental reports

The Commission may submit to the President and the Congress reports that supplement the reports described in subsection (g), as appropriate, in carrying out subsections (a) through (c).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (h). Pub. L. 107–228 substituted “shall include—” for “shall include”, inserted par. (1) designation before “specific information”, and added par. (2).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§6912 Functions of the Commission