lations on July 19, 1990. Ratification of the Convention is estimated to cost the Federal Government between $250,000 and $350,000 annually. The Committee on Foreign Relations has recommended that the Senate advise and consent to ratification of the Convention. The Convention ultimately would be ratified by executive action. Ratification of the Convention would obligate the United States to help pay the costs of the Committee Against Torture, a body designed to oversee the obligations of countries that have ratified the Convention. Currently, the Committee Against Torture has an annual budget of approximately $1 million. If the United States would pay, consistent with U.S. obligations to many other international organizations, 25 to 35 percent of the annual budget, the cost to the Federal Government would be between $250,000 and $350,000 annually. However, no authorizations of appropriations have been included with the treaty document. Ratification of the Convention would not affect the budgets of state or local governments. Should you so desire, we would be pleased to provide further details on this estimate. The CBO staff contact is Kent Christensen at 226-2840. Sincerely, ROBERT D. REISCHAUER, Director. TEXT OF RESOLUTION OF RATIFICATION Resolved, (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by unanimous agreement of the United Nations General Assembly on December 10, 1984, and signed by the United States on April 18, 1988, Provided that: I. The Senate's advice and consent is subject to the following reservations: (1) That the United States shall implement the Convention to the extent that the Federal Government exercises legislative and judicial jurisdiction over the matters covered therein; to the extent that constituent units exercise jurisdiction over such matters, the Federal Government shall take appropriate measures, to the end that the competent authorities of the constituent units may take appropriate measures for the fulfillment of this Convention. (2) That the United States considers itself bound by the obligation under Article 16 to prevent "cruel, inhuman or degrading treatment or punishment," only insofar as the term "cruel, inhuman or degrading treatment or punishment" means the cruel, unusual and inhumane treatment or punishment prohibited by the 5th, 8th, and/or 14th amendments to the Constitution of the United States. (3) That pursuant to Article 30(2) the United States declares that it does not consider itself bound by Article 30(1), but reserves the right specifically to agree to follow this or any other procedure for arbitration in a particular case. II. The Senate's advice and consent is subject to the following understandings, which shall apply to the obligations of the United States under this Convention: (1)(a) That with reference to Article 1, the United States understands that, in order to constitute torture, an act must be specifically intended to inflict severe physical or mental pain or suffering and that mental pain or suffering refers to prolonged mental harm caused by or resulting from: (1) the intentional infliction or threatened infliction of severe physical pain or suffering; (2) the administration or application, or threatened administration or application, of mind altering substances or other procedures calculated to disrupt profoundly the senses or the personality; (3) the threat of imminent death; or (4) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind altering substances or other procedures calculated to disrupt profoundly the senses or personality. (b) That the United States understands that the definition of torture in Article 1 is intended to apply only to acts directed against persons in the offender's custody or physical control. (c) That with reference to Article 1 of the Convention, the United States understands that "sanctions" includes judicially imposed sanctions and other enforcement actions authorized by United States law or by judicial interpretation of such law provided that such sanctions or actions are not clearly prohibited under international law. (d) That with reference to Article 1 of the Convention, the United States understands that the term "acquiescence" requires that the public official, prior to the activity constituting torture, have awareness of such activity and thereafter breach his legal responsibility to intervene to prevent such activity. (e) That with reference to Article 1 of the Convention, the United States understands that noncompliance with applicable legal procedural standards does not per se constitute torture. (2) That the United States understands the phrase, "where there are substantial grounds for believing that he would be in danger of being subjected to torture," as used in Article 3 of the Convention, to mean "if it is more likely than not that he would be tortured." (3) That it is the understanding of the United States that Article 14 requires a State Party to provide a private right of action for damages only for acts of torture committed in territory under the jurisdiction of that State Party. (4) That the United States understands that international law does not prohibit the death penalty, and does not consider this Convention to restrict or prohibit the United States from applying the death penalty consistent with the 5th, 8th and/or 14th amendments to the Constitution of the United States, including any constitutional period of confinement prior to the imposition of the death penalty. III. The Senate's advice and consent is subject to the following declarations: (1) That the United States declares that the provisions of Articles 1 through 16 of the Convention are not self-executing. (2) That the United States declares, pursuant to Article 21, paragraph 1, of the Convention, that it recognizes the competence of the Committee Against Torture to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the Convention. It is the understanding of the United States that, pursuant to the abovementioned article, such communications shall be accepted and processed only if they come from a State Party which has made a similar declaration. ADDITIONAL VIEWS OF REPUBLICAN SENATORS ON THE CONVENTION AGAINST TORTURE The undersigned Republican Senators strongly support the object and purpose of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. We believe that prompt ratification of the convention will demonstrate the abhorrence of our Nation toward torture, and encourage more widespread prompt ratification of the convention among the community of nations. Unfortunately, approval to report out the resolution of ratification occurred in committee without the presence of Republican members. In fact, no discussion of the convention at all took place during the business meeting at which it was reported, 10-0. The absence of Republican members in no way reflects a lack of support for the convention. Indeed, the Convention Against Torture was negotiated with bipartisan support. The resolution of ratification incorporated the package of reservations, understandings, and declarations submitted by the administration, and has the full support of the undersigned. While a number of Republicans were engaged in urgent Senate business-the 1990 farm bill commenced debate on the Senate floor during the time of the business meeting-others declined to be present at the business meeting to protest the inadequate notice given by the chairman to mark up an entirely different piece of complex legislation, providing for aid to Eastern Europe and the Soviet Union. Thus the Torture Convention got caught up in an unrelated dispute when the chairman took advantage of the rare presence of all Democratic members, a bare quorum, to approve the convention without debate. The dispute over the markup of the East European aid measure was, in the view of the Republican members, unfortunate and unnecessary. Over the weeks, the Democratic majority had proposed at least a dozen draft versions of the bill, each with wildly varying funding levels, unorthodox programs, complex authorities, and changing eligibilities. In the week prior to the scheduled markup, four different drafts were presented, the last version only hours before the announced time of the markup. No documentation was provided for the changes in each version, the last of which was 114 pages long, not in due form, and lacking line numbers. Many of us felt that to participate in a markup under such circumstances would make a mockery of our obligations as Senators. It was unfortunate that the Torture Convention was taken up under such circumstances. Perhaps the chairman decided to take advantage of the full Democratic attendance; indeed, in all but one of the seven previous business meetings, a larger percentage of the Republican members than of the Democratic members was present and voting. In any case, no Republican had any intention of delaying consideration of the convention. One of the most important mandates of the Foreign Relations Committee is to make recommendations to the Senate regarding treaties submitted by the President for advice and consent. Treaties usually impose upon our Nation obligations which last in perpetuity and are difficult to alter. For that reason, it is important that bipartisan participation demonstrate wide U.S. acceptance of treaty obligations, from the committee level to the Senate floor. In this instance, there was bipartisan support. Nevertheless, the action of the committee in reporting the convention without Republican participation was a failure of comity which implied a diminished appreciation of our international obligations. Some Republican members had intended to offer and support amendments to the resolution of ratification had the committee considered the convention with Republicans present. These amendments had been discussed at length over the past 6 months with the administration, and among committee members and staff; indeed, it is our understanding the majority and the administration were prepared to accept at least some of the amendments proposed. We hope that, before the convention is debated on the Senate floor, the chairman will convene an early business meeting to allow discussion of the Torture Convention, and to allow any interested Senators an opportunity to propose amendments to the resolution of ratification, which, if approved by the committee, would be offered as committee amendments on the Senate floor. JESSE HELMS. RICHARD G. LUGAR. NANCY L. KASSEBAUM. LARRY PRESSLER. FRANK H. MURKOWSKI. MITCH MCCONNELL. GORDON J. HUMPHREY. CONNIE MACK. |