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|PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, 1st SESSION
||Washington, Tuesday, February 9, 1999
1999-A CRITICAL YEAR FOR BELARUS
Tuesday, February 9, 1999
1999--A CRITICAL YEAR FOR BELARUS -- HON. CHRISTOPHER H. SMITH (Extensions of Remarks -
February 09, 1999)
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HON. CHRISTOPHER H. SMITH
OF NEW JERSEY
IN THE HOUSE OF REPRESENTATIVES
TUESDAY, FEBRUARY 9, 1999
Mr. SMITH of New Jersey. Mr. Speaker, last month, a Congress of Democratic Forces was held in Minsk, the capital
of Belarus. The Congress demonstrated the resolve of the growing democratic opposition to authoritarian President
Alyaksandr Lukashenka and the determination by the opposition to have free, democratic elections consistent with the
legitimate 1994 constitution. Earlier last month, on January 10, members of the legitimate Belarusian parliament,
disbanded by Lukashenka after the illegal 1996 constitutional referendum which extended his term of office by two years
to 2001, set a date for the next presidential elections for May 16. According to the 1994 constitution, Lukashenka's
term expires in July. Not surprisingly, Lukashenka rejects calls for a presidential election.
Local elections are currently being planned for April, although many of the opposition plan not to participate, arguing that
elections should be held only under free, fair and transparent conditions, which do not exist at the present time. Indeed,
the law on local elections leaves much to be desired and does not provide for a genuinely free and fair electoral process.
The local elections and opposition efforts to hold presidential elections must be viewed against the backdrop of a
deteriorating economic situation. One of the resolutions adopted by the Congress of Democratic Forces accuses
Lukashenka of driving the country to ``social tensions, international isolation and poverty.'' As an example of the
heightening tensions, just last weekend, Andrei Sannikov, the former deputy minister of Belarus and a leader of the
Charter '97 human rights group, was brutally assaulted by members of a Russian-based ultranationalist organization.
Additionally, Lukashenka's moves to unite with Russia pose a threat to Belarus' very sovereignty. Thus, Mr. Speaker,
this year promises to be a critical year for Belarus.
Recently, a staff delegation of the (Helsinki) Commission on Security and Cooperation in Europe, which I chair, traveled
to Belarus, raising human rights concerns with high-ranking officials, and meeting with leading members of the opposition,
independent media and nongovernmental organizations.
The staff report concludes that the Belarusian Government continues to violate its commitments under the Organization
for Security and Cooperation in Europe (OSCE) relating to human rights , democracy and the rule of law, and that at the
root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially
following the illegitimate 1996 referendum. Although one can point to some limited areas of improvement, such as
allowing some opposition demonstrations to occur relatively unhindered, overall OSCE compliance has not improved
since the deployment of the OSCE's Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of
expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly
controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent
media and NGOs. The political opposition has been targeted for repression, including imprisonment, detention, fines and
harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial
appointments. Legislative power is decidedly concentrated in the executive branch of government.
The Commission staff report makes a number of recommendations, which I would like to share with my colleagues. The
United States and OSCE community should continue to call upon the Belarusian Government to live up to its OSCE
commitments and, in an effort to reduce the climate of fear which has developed in Belarus, should specifically encourage
the Belarusian Government, inter alia, to: (1) Immediately release Alyaksandr Shydlauski (sentenced in 1997 to 18
months imprisonment for allegedly spray painting anti-Lukashenka graffiti) and review the cases of those detained and
imprisoned on politically motivated charges, particularly Andrei Klymov and Vladimir Koudinov; (2) cease and desist the
harassment of opposition activists, NGOs and the independent media and permit them to function; (3) allow the
opposition access to the electronic media and restore the constitutional right of the Belarusian people to free and
impartial information; (4) create the conditions for free and fair elections in 1999, including a provision in the election
regulations allowing party representation on the central and local election committees; and (5) strengthen the rule of law,
beginning with the allowance for an independent judiciary and bar.
With Lukashenka's term in office under the legitimate 1994 Constitution expiring in July 1999, the international
community should make clear that the legitimacy of
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Lukashenka's presidency will be undermined unless free and fair elections are held by July 21. The United States and the
international community, specifically the OSCE Parliamentary Assembly, should continue to recognize only the legitimate
parliament--the 13th Supreme Soviet--abolished by Lukashenka in 1996, and not the post-referendum,
Lukashenka-installed, National Assembly. At the time, the United States--and our European allies and
partners--denounced the 1996 referendum as illegitimate and extra-constitutional. The West needs to stand firm on this
point, as the 13th Supreme Soviet and the 1994 Constitution are the only legal authorities.
The democratically oriented opposition and NGOs deserve continued and enhanced moral and material assistance from
the West. The United States must make support for those committed to genuine democracy a high priority in our civic
development and NGO assistance. I applaud and want to encourage such entities as USIS, the Eurasia Foundation,
National Endowment for Democracy, International Republican Institute, ABA/CEELI and others in their efforts to
encourage the development of a democratic political system, free market economy and the rule of law in Belarus.
The United States and the international community should strongly encourage President Lukashenka and the 13th
Supreme Soviet to begin a dialogue which could lead to a resolution of the current constitutional crisis and the holding of
democratic elections. The OSCE Advisory and Monitoring Group (AMG) could be a vehicle for facilitating such
The Belarusian Government should be encouraged in the strongest possible terms to cooperate with the OSCE AMG.
There is a growing perception both within and outside Belarus that the Belarusian Government is disingenuous in its
interaction with the AMG. The AMG has been working to promote these important objectives: an active dialogue
between the government, the opposition and NGOs; free and fair elections, including a new election law that would
provide for political party representation on electoral committees and domestic observers; unhindered opposition access
to the state electronic media; a better functioning, independent court system and sound training of judges; and the
examination and resolution of cases of politically motivated repression.
Mr. Speaker, there is a growing divide between the government and opposition in Belarus--thanks to President
Lukashenka's authoritarian practices, a divide that could produce unanticipated consequences. An already tense political
situation is becoming increasingly more so. Furthermore, Lukashenka's efforts at political and economic integration with
Russia could have serious potential consequences for neighboring states, especially Ukraine. Therefore, it is vital for the
United States and the OSCE to continue to speak out in defense of human rights in Belarus, to promote free and
democratic elections this year, and to encourage meaningful dialogue between the government and opposition.
Citizenship and Political Rights
Freedom of Association
Freedom of Speech and Expression
Freedom of the Media
Right of Peaceful Assembly
Rule of Law/Independence of Judiciary