Although the September 11 terrorist attacks and the subsequent US response have overshadowed all other topics in Washington this fall, there has still been plenty of movement in Congress on issues of importance to Cambodia, Laos, and Vietnam. And despite the veneer of bipartisanship on display in Washington, the underlying divisions on US policy towards Southeast Asia have been as apparent as ever. This is the first in a monthly series of updates prepared by the Fund for Reconciliation and Development’s Washington representative, Andrew Wells-Dang.
- Trade
Vietnam Bilateral Trade Agreement passes House and Senate; signed by President Bush. The House of Representatives passed the BTA (H.J. Res. 51) on September 6 by voice vote. The Senate followed suit on October 3 by a vote of 88-12. President Bush signed the agreement into law on October 16. Congratulations!
Laos Trade Agreement stalled. Although the US-Lao bilateral agreement has been completed since December 1998 and is far simpler than the Vietnam agreement, it has yet to be considered by the House or Senate. The State Department and US Trade Representative also appear to have backed off from previous support of the agreement. According to State Department officials, the unresolved Ly-Vang disappearance cases (from April 1999) and issues of religious freedom in Laos are viewed as stumbling blocks to passage of the BTA, even though similar issues have not impeded other similar agreements in the past.
Discussion of textile agreement with Vietnam. Following approval of the BTA, the next step in trade relations is seen to be a bilateral textile agreement. Backers such as Sen. Max Baucus (D-MT), chair of the Finance Committee, support an agreement similar to the one made with Cambodia several years ago that included labor rights safeguards. These provisions are controversial among the business community, and Vietnamese negotiating positions are not entirely known.
When is a catfish really a catfish? Members of Congress from catfish-producing states in the Mississippi Delta area have been up in arms concerning cheap imports of basa fish from the Mekong Delta, which are often labeled "catfish." On October 3, Sen. Blanche Lincoln (D-AR) introduced a bill (S. 1494) to change US law on labeling of catfish. However, this is a regulatory issue that concerns the FDA, and is not seen as an obstacle to US-Vietnam ties or implementation of the trade agreement.
- Human Rights
"Viet Nam Human Rights Act" passes House; on hold in Senate. HR 2833, a revised version of the earlier HR 2368, was introduced in the House on September 5, put on a fast track, and passed after an hour of debate on September 6 by a 410-1 margin. The bill was sponsored by Rep. Christopher Smith (R-NJ) and backed largely by his chief aide, Joseph Rees. The bill’s 13 cosponsors include one Democrat, Rep. Tom Lantos (CA).
In the Senate, sponsors Jesse Helms (R-NC) and Bob Smith (R-NH) invoked an emergency rule to bypass the Foreign Relations Committee and try to bring the bill directly to the floor. This maneuver backfired when Sen. John Kerry (D-MA) put a hold on the bill. In Sen. Kerry’s words, "on the subject of human rights, I believe we are making progress. Sometimes the tools can be overly blunt and counterproductive… I am for having a human rights statement at the appropriate time. This is not the appropriate time. At some point in the future, we would be happy to consider [a human rights bill] under the normal legislative process."
The bill’s backers in the Senate were unable to attach it as an amendment to the Foreign Operations Appropriations Act (see below). At present, the "Human Rights Act" is still on hold, though it may well be voted on before the Senate recesses in November. Government officials have acknowledged the strong voices of American NGOs and businesses working in Vietnam who oppose the bill.
State Department releases report on international religious freedom. The October 26 report details both the general situation of religion and issues of religious freedom in countries around the world. Cambodia is judged to be a country where religious rights are "generally respected." In the Lao PDR, the situation is said to have "deteriorated in some aspects" during the past year; although the number of religious detainees decreased by half to around 20, more than 65 churches were closed. In Vietnam, "the status of respect for religious freedom did not change during the period covered by this report, but remains improved from conditions of the early 1990's." None of the three countries were judged by the State Department to be "countries of particular concern" (although, for instance, both China and Cuba were). For details, see http://www.state.gov/g/drl/rls/irf/2001/.
Note that the State Department report is distinct from statements of the US Commission on International Religious Freedom, created by act of Congress in 1998. Compared to the State Department’s pronouncements, which attempt to be balanced, the Commission takes partisan views and generally follows the line of extreme Asian-American groups. The Commission does list Laos as a "country of concern," and vociferously opposed the Vietnam BTA and supported the "Human Rights Act."
- Foreign Assistance
Foreign Operations bill sent to conference. The House passed its version of the 2001 Foreign Operations Appropriations Act (HR 2506) in July. This bill provides funding for the State Department, USAID, and related projects. In the Senate, the bill was the subject of a Republican filibuster and finally passed on October 24 with a number of amendments added. As the House and Senate versions differ substantially, the final language will be determined in a conference committee meeting in early November.
Limits on aid to Cambodia. The Senate version of the Foreign Operations bill (Sec. 560) conditions assistance to the Cambodian government on an assessment by the Secretary of State that Cambodia is "making significant progress" on investigation of two 1994 and 1997 grenade attacks; that the communal elections scheduled for February 2002 are judged "free and fair"; and that Cambodia’s record of environmental protection is improving. [As the International Republican Institute and its former Asia director, Lorne Craner, now undersecretary of state for human rights, have already decided that Cambodia will fail on all of these counts, the chance of the conditions being met is practically zero.] An exception is made, however, for assistance to combat human trafficking through the Cambodian Department of Women’s and Veterans Affairs.
Restriction on Funding for Cambodian Genocide Tribunal. Sens. Jesse Helms (R-NC) and Mitch McConnell (R-KY) introduced an amendment (SA 1955) prohibiting "any form of assistance to any tribunal established by the Government of Cambodia" unless the President determines that "the tribunal is capable of delivering justice for crimes against humanity and genocide in an impartial and credible manner." However, Sen. McConnell also joined with Sen. Patrick Leahy (D-VT) in sponsoring an amendment (SA 1945) to provide $250,000 in funding to the Documentation Center of Cambodia. Both amendments were agreed to on October 24.
A small break for Laos. Sen. Harry Reid (D-NV) introduced an amendment (SA 1931) allocating $5 million in child survival and development assistance to Laos, with the proviso that this money must be channeled through nongovernmental organizations. Passed on October 24.
- Diplomacy
Pete Peterson recognized for his service as ambassador. On the same day that the Senate passed the bilateral trade agreement, it also unanimously passed a resolution (S. Res. 167) commending Douglas P. "Pete" Peterson "for his outstanding and dedicated service to the United States as United States Ambassador to Vietnam from 1997-2001, and for his historic role in normalizing United States-Vietnam relations." The resolution was introduced by Sen. John McCain (R-AZ).
Raymond Burghardt’s confirmation delayed. President Bush’s nominee to replace Peterson in Hanoi, Raymond Burghardt, has been pending a confirmation hearing in the Senate Foreign Relations Committee since late August. The events following Sept. 11 are the main reason for the delay. Burghardt is a career Foreign Service officer who also served in the Reagan Administration’s National Security Council during the Iran-contra scandal.
Competing versions of Vietnam’s response to terrorism. Opponents of closer ties with Vietnam, such as Rep. Chris Smith and Sen. Bob Smith, read press articles into the Congressional Record that claimed a lack of support in Vietnam for the US’s counterterrorism efforts. Those with more knowledge of conditions in Vietnam, such as Sens. McCain and Kerry, countered by reading statements of condolence on the floor that had been sent by Vietnamese, both officially and unofficially.