118 STAT. 4063 CONCURRENT RESOLUTIONS—SEPT. 22, 2004 Whereas Sudan is a state party to the Genocide Convention and remains a member of the United Nations Commission on Human Rights; Whereas the Secretary of State determined that, according to United States law, the Government of Sudan is a state sponsor of ter- rorism and has been since 1993 and therefore remains ineligible for United States foreign assistance; Whereas due to the human rights situation in Darfur, it would be consistent with United States obligations under the Genocide Convention for the Secretary of State and the United States Permanent Representative to the United Nations to seek the immediate suspension of Sudan from the United Nations Commis- sion on Human Rights and, in the event a formal investigation results in a determination by the United Nations that genocide has occurred in Darfur, the ultimate removal of Sudan from such Commission; and Whereas it is a mockery of human rights as a universal principle, a challenge to the United Nations as an institution, and an affront to all responsible countries that embrace and promote human rights that a government under investigation by the United Nations for committing genocide against, and violating the human rights of, its own citizens sits in judgment of others as a member in good standing of the United Nations Commission on Human Rights: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That Congress— (1) recognizes and approves of the findings of the Secretary of State that genocide has occurred and may still be occurring in Darfur, Sudan, and that the Government of Sudan bears responsibility for such acts; (2) supports the Secretary of State’s call for a full and unfettered investigation by the United Nations into all viola- tions of international humanitarian law and human rights law that have occurred in Darfur, with a view to ensuring account- ability; (3) supports the resolution introduced by the United States Government in the United Nations Security Council on Sep- tember 9, 2004, with regard to the situation in Darfur; (4) calls upon the Secretary of State and the United States Permanent Representative to the United Nations to take imme- diate steps to pursue the establishment of a formal United Nations investigation, under Article VIII of the Genocide Convention, to determine whether the actions of the Govern- ment of Sudan in Darfur constitute acts of genocide; (5) calls upon the Secretary of State and the United States Permanent Representative to the United Nations to take imme- diate steps to pursue the immediate suspension of Sudan from the United Nations Commission on Human Rights; (6) calls upon the Secretary of State and the United States Permanent Representative to the United Nations to take fur- ther steps to ensure that the suspension of Sudan from the United Nations Commission on Human Rights remains in effect unless and until the Government of Sudan meets all of its obligations, as determined by the United Nations Security Council, under United Nations Security Council Resolution 1556 of July 30, 2004, and any subsequent United Nations Security Council resolutions regarding this matter; VerDate 11-MAY-2000 15:04 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00029 Fmt 9796 Sfmt 6581 C:\STATUTES\2004\29194PT4.003 APPS10 PsN: 29194PT4
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