22 U.S.C. § 6911 — Establishment of Congressional-Executive

Page 1875 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6912 1 So in original. such governmental entity is entitled to re- ceive a majority of the profits. (3) Internationally recognized worker rights The term ‘‘internationally recognized work- er rights’’ has the meaning given that term in section 2467(4) of title 19 and includes the right to the elimination of the ‘‘worst forms of child labor’’, as defined in section 2467(6) of title 19. (4) Trade Representative The term ‘‘Trade Representative’’ means the United States Trade Representative. (5) WTO; World Trade Organization The terms ‘‘WTO’’ and ‘‘World Trade Organi- zation’’ mean the organization established pursuant to the WTO Agreement. (6) WTO Agreement The term ‘‘WTO Agreement’’ means the Agreement Establishing the World Trade Or- ganization entered into on April 15, 1994. (7) WTO member The term ‘‘WTO member’’ has the meaning given that term in section 3501(10) of title 19. (Pub. L. 106–286, div. B, title II, § 204, Oct. 10, 2000, 114 Stat. 894.) SUBCHAPTER II—CONGRESSIONAL-EXECU- TIVE COMMISSION ON THE PEOPLE’S RE- PUBLIC OF CHINA § 6911. Establishment of Congressional-Executive Commission on the People’s Republic of China There is established a Congressional-Executive Commission on the People’s Republic of China (in this subchapter referred to as the ‘‘Commis- sion’’). (Pub. L. 106–286, div. B, title III, § 301, Oct. 10, 2000, 114 Stat. 895.) § 6912. Functions of the Commission (a) Monitoring compliance with human rights The Commission shall monitor the acts of the People’s Republic of China which reflect compli- ance with or violation of human rights, in par- ticular, those contained in the International Covenant on Civil and Political Rights and in the Universal Declaration of Human Rights, in- cluding, but not limited to, effectively afford- ing— (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 inter- ference by the government; (4) the right to liberty of movement and freedom to choose a residence within the Peo- ple’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 com- petent, 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 punish- ment for political opposition to the govern- ment; (9) freedom from incarceration as punish- ment for exercising or advocating human rights (including those described in this sec- tion); (10) freedom from arbitrary arrest, deten- tion, 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, de- tained, or placed under house arrest, tortured, or otherwise persecuted by the Government of the People’s Republic of China due to their pur- suit of the rights described in subsection (a). In compiling such lists, the Commission shall exer- cise 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 develop- ment of the rule of law in the People’s Republic of China, including, but not limited to— (1) progress toward the development of insti- tutions 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 devel- oped 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 stat- utes, regulations, rules, and other legal acts of the Government of the People’s Republic of China; (5) the extent to which individuals are treat- ed equally under the laws of the of the 1 Peo-