Mr. Speaker. today I am introducing legislation which would expand on a provision of the Trade Act of 1974 known as the JacksonVanik amendment. That amendment was added to promote freedom of emigration in nonmarket economy or Communist countries. and the law states that mostfavorednation (MFN) trade benefits and lowinterest credits will not be available to such countries if they deny their citizens the opportunity to emigrate. or if they impose more than a nominal tax on those who desire to emigrate. The purpose of this provision of our law was to promote fundamental human rights in those countries. Yet I and many of my colleagues have found over the years that these few restrictions are not sufficient to adequately cover the types of harassment and deprivation suffered routinely by citizens in Communist countries who express the desire to emigrate. We in the Congress are confronted with these issues each year when we vote on whether to permit the administration to waive the provisions of JacksonVanik in order to give Communist Romania the benefit of receiving favorable MFN status. It is on these yearly occasions when it becomes most clear the types of Governmentencouraged hardship suffered by wouldbe emigrants in many nonmarket economy countries. As an example. during last years discussion of practices in Romania. the U.S. Helsinki Watch Committee stated that "Romanias internal policies have deteriorated to the point where Romania is now one of the worst human rights offenders in Eastern Europe." The Commission on Security and Cooperation in Europe reported last year that emigration statistics alone do not give an accurate picture of emigration. and that behind almost each of the emigration figures "were months and often years of harassment and procedural and economic obstacles." A further example was found last year in the semiannual report by President Reagan to the Commission on Implementing the Helsinki Final Act by Romania. covering the 6month period between December 1. 1982 and May 31. 1983. That report discussed extensive harassment and stated that: Repressive policies on human rights mattera makes its position more compatible with those of the Sovient Union and some other Eastern European countries. A report by the Senate Foreign Relation Committee of last year cities specific types of harassment of those desiring to emigrate. stating that: It has been reported that often ... individuals desiring to emigrate are harassed at their workplace or fired from their Jobs and that their children and spouses are also harassed. Mr. Speaker. these and other similar observations by creditable organizations such as these are most disturbing. and reflect what I and many of my colleagues have heard from these and other sources. In fact. there are numerous specific forms of harassment which have been listed by various sources and which have come to the attention of me and a number of my colleagues. The legislation I am introducing today expands the provisions of JacksonVanik to include actions which we know take place and which we believe are not only condoned by the Government involved. but most often instigated by the Government. My legislation is offered in the hopes that its passage will discourage these types of human rights violation and in the hope it might help relieve a little of the suffering currently inflict. ed on wouldbe emigrants in Communist countries. In the words of the U.S. Helsinki Watch Committee: The spirit of tie (JacksonVanik) amendment has been interpreted to include the human rights situation as a whole. The legislation adds the following regarding Communist countries seeking MFN benefits and credits. to include a country that: (4) Discriminates. or permits. encourages or condones discrimination because of religious beliefs. (5) Permits. encourages. or condones harassment of wouldbe emigrates and their families In all forms. including but not limit. ed to the following: (a) Eviction from dwelling place. (b) arbitrary detention. arrest. or imprisonment. including subjection to charges of economic crimes such as parasit. ism and theft. (c) confiscation of ration cards. (d) confiscation of identification cards. (e) harassment in school or on the Job. (f) deprivation of place in school. (g) dismissal from Job. demotion from Job. relo. cation/transfer of employment. (h) confis. cation of household goods. and (i) incarceration in psychiatric hospitals.g
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