Title

Combating Corruption in the OSCE Region: The Link between Security and Good Governance

Wednesday, November 19, 2014
U.S. Capitol Visitor Center, Room SVC 203/202
Washington, DC 20515
United States
Official Transcript: 
Members: 
Name: 
Hon. Ben Cardin
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Anders Åslund
Title: 
Senior Fellow
Body: 
Peterson Institute for International Economics
Name: 
Dr. Halil Yurdakul Yigitgüden
Title: 
Co-ordinator of OSCE Economic and Environmental Activities
Body: 
Organization for Security and Cooperation in Europe
Name: 
Khadija Ismayilova
Title: 
Host of "Isden Sonra" ("After Work")
Body: 
RFE/RL Azerbaijani Service
Name: 
Shaazka Beyerle
Title: 
Senior Advisor
Body: 
International Center on Nonviolent Conflict

Combating corruption is increasingly recognized as the critical factor in ensuring long-term security, because corruption creates fertile ground for social upheaval and instability. The change in government in Ukraine in 2014 was a prime example of how corruption can fuel legitimate popular discontent.

Although the Organization for Security and Cooperation in Europe (OSCE) has created new tools to address corruption, tackling the problem requires more than raising awareness and sharing best practices. In many OSCE participating States, systemic issues including lack of media freedom, lack of political will, and lack of an independent judiciary contribute substantially to persistent high-level and low-level corruption.

The hearing drew attention to the work of the OSCE in combating corruption in all 57 participating States, with a particular emphasis on the need to build effective institutions and the important role played by civil society in combatting corruption.

Relevant issues: 
Leadership: 
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  • Azerbaijan's Parliamentary Elections

    Mr. Speaker, today I introduce a resolution calling on the Government of Azerbaijan to hold free and fair parliamentary elections this November. After a series of elections marred by irregularities, the upcoming election will help define the country's political orientation and its international reputation. Is Azerbaijan developing towards Western-style electoral democracy or mired in the Soviet pattern of controlled voting results? The answer to that question is important for the United States, which has significant strategic and economic interests in Azerbaijan.   At age 77, Azerbaijani President Heydar Aliev is the most experienced politician in the former Soviet space. Since returning to power in 1993, he has created a semi-authoritarian political system that features highly centralized, hands-on presidential rule, with constant positive coverage in the state-run media. President Aliev controls all branches of government and the state's instruments of coercion. His implicit bargain with Azerbaijan's citizens offers stability in return for unquestioned predominance. While Azerbaijan's constitution enshrines separation of powers, neither the legislature, judiciary, press, nor opposition parties may challenge President Aliev's hold on power. Indeed, in an interview published in last Sunday's New York Times, he openly said, `I will always be president here.' Opposition parties function, publish newspapers and have some representation in parliament. But they have no access to state media, which portray them negatively, and their opportunities to influence the political process, let alone actual decision-making, are carefully restricted.   With respect to elections, Azerbaijan's record has been poor. The OSCE's Office for Democratic Institutions and Human Rights (ODIHR) monitored the 1995 and 1998 parliamentary and presidential elections, and concluded that they did not meet OSCE standards. Council of Europe observers harshly criticized the first round of the local elections in December 1999, though they noted some improvements in the second round. These flawed elections have exacerbated the deep distrust between the government and opposition parties.   On May 25, the Helsinki Commission, which I chair, held hearings on the upcoming election, in which Azerbaijani Government representatives and opposition leaders participated. At that time, the main bone of contention between them was the composition of the Central Election Commission. During the hearing, a government spokesman announced that Baku was prepared to let government and opposition members veto the other side's nominees for the Commission posts set aside for independents, a major step forward. In fact, that assurance subsequently turned out to be not entirely reliable when the hard bargaining began in Baku, with the mediation of the ODIHR. Nevertheless, the agreement eventually reached did give opposition parties an opportunity to block decisions taken by the pro-presidential majority and was acclaimed by ODIHR as a fair and necessary compromise.   Since then, unfortunately, the process has collapsed. Azerbaijan's parliament passed an election law on July 5 that did not include amendments recommended by the ODIHR to bring the legislation into accord with OSCE standards. The law excludes an opposition party registered in February 2000 from fielding a party list; other problematic aspects include territorial and local election commissions which are effectively under government control, the restriction of voters' rights to sign petitions nominating more than one candidate or party, and the right of domestic observers to monitor the election. President Aliev claims that he proposed modifications to the election law but parliament refused to accept them. This assertion, considering his hold on the legislature, where a loyal, pro-presidential party controls over 80 percent of the seats, is simply not plausible. In any case, if he did not approve of the law, he could have vetoed it. Instead, he signed it.   On July 7, the ODIHR issued a press release `deploring' shortcomings in the election law. Opposition parties refused to participate in the work of the Central Election Commission unless the law is changed. In response, parliament amended the Central Election Commission law, depriving the opposition of the ability to block decisions. On July 20, 12 political parties, among them the leading opposition parties, warned that if parliament refuses to amend the election law, they will boycott the November ballot. Most recently, the State Department issued a statement on July 24, regretting the recent actions of Azerbaijan's parliament and urging the government and parliament in Baku to work with ODIHR, the opposition and non-governmental organizations to amend the election law in accordance with OSCE standards. Mr. Speaker, this turn of events is extremely disappointing. The last thing Azerbaijan needs is another election boycott by opposition parties. The consequences would include a parliament of dubious legitimacy, deepened distrust and societal polarization, and a movement away from electoral politics to street politics, which could threaten the country's stability.   November's election offers a historic opportunity to consolidate Azerbaijani society. It is essential for the future development of Azerbaijan's democracy and for the legitimacy of its leadership that the election be free and fair and the results be accepted by society as a whole. This resolution calls on the Administration to remind President Aliev of the pledge he made in August 1997 to hold free and fair elections, and urges Azerbaijan's Government and parliament to accept ODIHR's recommendations on the election law, so that it will meet international standards. I hope my colleagues will join me, Mr. Hoyer, Mr. Pitts and Mr. Cardin in this effort, and we welcome their support.

  • Briefing with Alexandr Nikitin

    On behalf of Chairman Chris Smith, CSCE Chief of Staff Dorothy Taft addressed Alexandr Nikitin’s personal legal case against the Russian government for his dedication to environmentalism.  Nikitin called speaks of the government’s harassment of grassroots advocates in Russia and their repeated failure to find him guilty in court. Alexandr Nikitin spoke of his prolonged legal case, which was reopened three times, and expressed his desire to help others who find themselves in similar situations with Russian law. He also addressed Russia’s abolishment of the State Committee to Protect the Environment and the overall lack of environmentalism in Russia.

  • Religious Liberty: The Legal Framework in Selected OSCE Countries

    At the briefing, an in-depth study examining the religious liberties laws and constitutional provisions of twelve countries: Austria, France, Germany, Greece, the Netherlands, Poland, Russia, Turkey, Ukraine, United Kingdom, the United States, and Uzbekistan formally released by the Helsinki Commission was discussed. The project was inspired by the agreement of OSCE participating States to “ensure that their laws, regulations, practices and policies conform with their obligation under international law and are brought into harmony with the provisions of the Declaration on Principles and other OSCE commitments.” Various panelists addressed the issue of governments continuing to impose restrictions on individual religious liberties, despite a prior agreement to curtail anti-religious laws and governmental practices designed to prevent people from practicing or expressing their religious beliefs. Legal specialists from the Law Library of Congress emphasized a “frightening” trend in France to limit an individual’s right to freely express religious views or participate in religious activities, a Greek policy requiring one’s religious affiliation to be listed on government-issued identification cards, and Turkish raids on Protestant groups as examples of the violations of religious liberty that continue to plague these selected OSCE countries.

  • Tenth Anniversary of Ukraine Sovereignty Declaration

    Mr. Speaker, ten years ago, on July 16th 1990, the Supreme Soviet (parliament) of the Ukrainian S.S.R. adopted a far-reaching Declaration on State Sovereignty of Ukraine. The overwhelming vote of 355 for and four against was a critical and demonstrative step towards independence, as Ukraine was at that time a republic of the Soviet Union.   The Declaration, inspired by the democratic movement Rukh whose key members were veterans of the Helsinki movement seeking greater rights and freedoms, proclaimed Ukraine's state sovereignty and stressed the Republic's intention of controlling its own affairs. Ukraine and its people were identified as the sole source of state authority in the republic, and they alone were to determine their own destiny. The Declaration asserted the primacy of Ukraine's legislation over Soviet laws and established the right of Ukraine to create its own currency and national bank, raise its own army, maintain relations with foreign countries, collect tariffs, and erect borders. Through this Declaration, Ukraine announced its intention not to use, possess, or acquire nuclear weapons. Going beyond Soviet leader Gorbachev's vision of a `renewed' Soviet federation, the Declaration asserted Ukraine's sovereignty vis-a-vis Moscow, a move that only a few years earlier would have been met with the harshest of sanctions. The Declaration's assurances on the protection of individual rights and freedoms for all of the people of Ukraine, including national and religious minorities, were extremely important and viewed as an integral aspect of the building of a sovereign Ukraine.   The Declaration itself was the outcome of emerging democratic processes in Ukraine. Elections to the Ukrainian Supreme Soviet, the first in which non-communists were permitted on the ballot, had been held only a few months earlier, in March 1990; one-third of the new members elected were representatives of the democratic opposition. Even the Communist majority voted for the Declaration, reflecting the reality that the Soviet Empire was steadily unraveling. A year later, on August 24, 1991, the same Ukrainian parliament declared Ukraine's independence, and in December of that year, on the heels of a referendum in Ukraine in which over 90 percent voted for independence, the Soviet Union ceased to exist.   Mr. Speaker, since the adoption of the Declaration ten years ago Ukraine has witnessed momentous transformations. Independent Ukraine has developed from what was, for all practical purposes, a colony of the Soviet empire into a viable, peaceful state with a commitment to ensuring democracy and prosperity for its citizens. It has emerged as a responsible and constructive actor in the international arena which enjoys good relations with all its neighbors and a strategic partnership with the United States. Obviously, the heavy legacy of communism and Soviet misrule has not yet disappeared, as illustrated by stifling corruption, and inadequate progress in rule of law and economic reforms. However, the defeat of the communists in last November's presidential elections, and the appointment of genuinely reformist Prime Minister Viktor Yushchenko have given grounds for renewed optimism, which is supported by evidence of growth in some sectors of the economy.   Mr. Speaker, now is the time for the Ukrainian people to strengthen and ensure independence by redoubling their efforts to build democracy and a market economy, thereby keeping faith with the ideals and goals of the historic 1990 Declaration on Sovereignty.

  • Torture in the OSCE Region

    In advance of the 2000 commemoration of the United Nations Day in Support of the Victims of Torture, the Helsinki Commission held a briefing to focus on the continuing problem of torture in the OSCE region. In spite of these efforts and the efforts of our Commission, including introducing and working for passage of two bills, the Torture Victims Relief Act and the Reauthorization of the Torture Victims Relief Act, torture continues to be a persistent problem in every OSCE country including the United States. This briefing considered two specific problem areas, Chechnya and Turkey, as well as efforts to prevent torture and to treat torture survivors. Witnesses testifying at the briefing – including Dr. Inge Genefke, International Rehabilitation Council for Torture Victims; Maureen Greenwood, Advocacy Director for  Europe and the Middle East, Amnesty International; and Douglas Johnson, Executive Director of the Center for the Victims of Torture – highlighted statistics about the number of torture victims in Turkey and Chechnya and related violations of individual rights.

  • President Putin's Visit to Moldova

    Mr. Speaker, President Putin of Russia continues to maintain a heavy schedule of international visits. Among the several destinations, he is scheduled to visit Moldova later this week.   The Republic of Moldova is located principally between the Prut River on the west and the Dniestr River to the east, between Romania and Ukraine. A sliver of the country, the `left bank' or `Transdniestria' region, extends beyond the Dniestr River and borders with Ukraine. The 4.3 million population in Moldova is 65 percent ethnic Romanian, with significant Ukrainian and Russian minorities. Gagauz, Bulgarians, Roma, and Jews constitute the bulk of the remainder. While Moldova and Romania were united between World Wars I and II, following seizure by the Soviets in World War II, Moldova became a Soviet `Republic.' When the Soviet Union collapsed in 1991, Moldova gained its independence and is now an internationally-recognized sovereign state, a member of the United Nations, the Organization for Security and Cooperation in Europe, and a host of other international organizations.   When Moldova became independent, there were approximately 15,000 Soviet troops of the 14th Army based in the Transdniestria region of Moldova. In 1992, elements of these troops helped pro-Soviet elements establish a separatist state in Transdniestria, the so-called Dniestr Moldovan Republic. This state, unrecognized and barely changed from the Soviet era, continues to exist and defy the legitimate authorities of Moldova. Meanwhile, elements of the former Soviet army, now the Russian army, remained in Transdniestria after the collapse of the Soviet Union. Renamed the Operational Group of Forces, they presently number about 2,500. The Moldovan Government has wanted the troops to leave, and the Russians keep saying they are going to leave. The Moldovan and Russian Governments signed an agreement in 1994 according to which Russian forces would withdraw in three years. Obviously, that deadline has passed. Russia was supposed to remove her forces from Moldova as a part of the Council of Europe accession agreement in February 1996. In fact, language in the declaration of the 1999 OSCE Istanbul Summit insists that Russia remove its military arsenals from Moldova by December 2001 and its forces by December 2002. This latest OSCE language enhances language included in the 1994 Budapest document and the 1996 Lisbon document calling for complete withdrawal of the Russian troops.   Mr. Speaker, there is no legitimate security reason for the Russian Government to continue to base military forces on the territory of a sovereign state that wishes to see them removed. This relatively small contingent of troops is a vestige of the Cold War. I would add also that the United States Government has agreed to help finance some of the moving costs for the Russian equipment. I would hope President Putin will assure his hosts in Moldova that the Russian forces will be removed in accordance with the OSCE deadline, if not earlier.  

  • Helsinki Final Act 25th Anniversary Resolution

    Mr. Speaker, today I am introducing a resolution commemorating the 25th anniversary of the Helsinki Final Act, an international accord whose signing represents a milestone in European history. As Chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, I have been privileged to be associated with the Helsinki process and its seminal role in advancing human rights, democracy and the rule of law in Europe. I am pleased to be joined by my fellow Helsinki Commissioners Representatives Hoyer, Wolf, Cardin, Salmon, Slaughter, Greenwood, Forbes and Pitts as original cosponsors. A companion resolution is being introduced today in the Senate by Helsinki Commission Co-Chair Sen. Ben Nighthorse Campbell.   The Helsinki Final Act and the process it spawned have been instrumental in consigning the Communist Soviet Empire, responsible for untold violations of human rights, into the dustbin of history. With its language on human rights, the Helsinki Final Act, for the first time in the history of international agreements, granted human rights the status of a fundamental principle in regulating international relations. The Final Act's emphasis on respect for human rights and fundamental freedoms is rooted in the recognition that the declaration of such rights affirms the inherent dignity of men and women and not privileges bestowed at the whim of the state.   Equally important, Mr. Speaker, the standards of Helsinki which served as a valuable lever in pressing human rights issues also provided encouragement and sustenance to courageous individuals who dared to challenge repressive communist regimes. Many of these brave men and women, members of the Helsinki Monitoring Groups in Russia, Ukraine, Lithuania, Georgia, Armenia, and similar groups in Poland and Czechoslovakia, Soviet Jewish emigration activists, members of repressed Christian denominations and others, paid a high price in the loss of personal freedom and, in some instances, their lives, for their active support of principles enshrined in the Helsinki Final Act. Western pressure through the Helsinki process, now advanced in the forum of the Organization for Security and Cooperation in Europe, greatly contributed to the freeing of the peoples of the Captive Nations, thus bringing an end to the Cold War.   The Helsinki Commission, on which I have served since 1983, played a significant role in promoting human rights and human contacts. The congressional initiatives such as hearings, resolutions, letters and face-to-face meetings with representatives of Helsinki signatories which violated human rights commitments, encouraged our own government to raise these issues consistently and persistently. The Commission's approach at various Helsinki meetings has always been to encourage a thorough and detailed review of compliance with Helsinki agreements. Specific cases and issues are cited, rather than engaging in broad, philosophical discussions about human rights. With the passage of time, and with the leadership of the United States, this more direct approach in pressing human rights concerns has become the norm. In fact, by 1991 the Helsinki signatory states accepted that human dimension commitments `are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the state concerned.'   With the dissolution of the Soviet Union and Yugoslavia, the OSCE region has changed dramatically. In many States, we have witnessed dramatic transformation and a consolidation of the core OSCE values of democracy, human rights and the rule of law. In others, there has been little if any progress, and in some, armed conflicts have resulted in hundreds of thousands having been killed and in the grotesque violation of human rights. The OSCE, which now includes 54 participating States, has changed to reflect the changed international environment, undertaking a variety of initiatives designed to prevent, manage, and resolve conflict and emphasizing respect for rule of law and the fight against organized crime and corruption, which constitute a threat to economic reform and prosperity. The Helsinki process is still dynamic and active, and the importance of a vigorous review in which countries are called to account for violations of their freely undertaken Helsinki commitments has not diminished.   This resolution calls on the President to issue a proclamation reaffirming the United States' commitment to full implementation of the Helsinki Final Act. All signatory states would be asked to clarify that respect for human rights and fundamental freedoms, democratic principles as well as economic liberty, and the implementation of related commitments continue to be vital elements in promoting a new era of democracy, peace and unity in the OSCE region. In the twenty-five years since this historic process was initiated in Helsinki, there have been many successes. Mr. Speaker, the task is still far from complete, and we must continue to do our part in championing the values that Helsinki espouses.

  • The Putin Path: Are Human Rights in Retreat?

    Mr. Speaker, two days ago, the Commission on Security and Cooperation in Europe , which I am honored to chairman, held a hearing entitled “The Putin Path: Are Human Rights in Retreat?” I was pleased to be joined on the dais by my colleagues on the Commission, Co-Chairman Senator Ben Nighthorse Campbell, Senator Tim Hutchinson, Ranking House Member Representative Steny Hoyer, and Representative Matt Salmon. As part of the hearing, the Commission had also planned to feature a video-conference with Moscow-based Radio Liberty journalist Andrei Babitsky. As Members are aware, Mr. Babitsky was arrested by Russian authorities for allegedly `participating in an armed formation,' as a result of his reporting from besieged Grozny last year. Subsequently, as a civilian, Babitsky was 'exchanged' to Chechen forces in return for certain captured Russian military personnel, and is not permitted to leave Moscow. Unfortunately, technical problems precluded the possibility of the videoconference, but Mr. Babitsky provided a written statement for the hearing record. Mr. Babitsky was recently awarded the OSCE Parliamentary Assembly's prize for journalism, and as head of the U.S. Delegation to the OSCE PA, I hope that he will be able to attend the award ceremony at the Assembly's annual meeting in Bucharest this July. Tuesday's hearing was one of a series of hearings the Commission has held to examine human rights issues in the States of the Organization for Security and Cooperation in Europe . The mandate of the Commission is to monitor and encourage compliance with the provisions of the Helsinki Accords and successive documents of the OSCE. As I have noted on previous occasions, Russia is no longer the dictatorial, closed society that it was during the Soviet period, and certainly there are countries around the world where human rights are in much more perilous straits. I have yet to hear of a working church in Russia being destroyed by bulldozers and wrecking cranes, as was the case last November in Turkmenistan. And we know that in China religious believers of many faiths are thrown in jail for simply desiring to worship without government interference. Indeed, under the administration of President Yeltsin, human rights activists were able to achieve significant gains in making respect for human rights, if not a standard, at least a consideration in public policy. There is growing concern, however, that Russia's development in the area of human rights is taking a turn for the worse under recently-elected President Vladimir Putin. The testimony of Igor Malashenko, First Deputy Chairman of the Board of Directors of Media-Most and President of NTV, summarized how their offices were the target of the infamous raid by government agents on May 11. Mr. Malashenko described how the agents carted away documents, tapes, computer discs and equipment, and subsequently issued `contradictory and unsatisfactory justifications' for this raid. Moreover, he provided extensive information on several other less-publicized examples of violence and intimidation toward media outlets and journalists throughout Russia. General William Odom, former director of the National Security Agency, and a man of exceptional expertise in things Soviet and Russian, noted that Russia is a `weak state' and suffers from a lack of institutions capable of providing the level of civil society and economic development that we had hoped would follow after the collapse of the Soviet Union. General Odom also suggested that the United States should not treat Russia as a major power, or think that much of Russia's internal problems can be solved by 'ventriloquism' from the West. Professor Georgi Derluguian of Northwestern University asserted that President Putin is the product of the KGB network that survived the collapse of the Soviet Union. In order to seek a distraction from the Chechen quagmire, suggested Professor Derluguian, Putin will most likely launch a massive anti-crime campaign. I would note that when Yuri Andropov and his KGB began to assume power in the twilight of the Brezhnev regime, part of the crackdown on political dissent at that time was under the guise of cracking down on corruption. Ms. Rachel Denber, Deputy Director for Europe and Central Asia at Human Rights Watch, testified that in Grozny, “the graffiti on the walls reads 'Welcome to Hell Part Two.' The bombing campaign has turned many parts of Chechnya into a wasteland even the most experienced war reporters that we have spoken to have told us they have never seen anything in their careers like the destruction of the capital Grozny.” Ms. Denber also described summary executions of civilians, including the death of three generations of one family shot to death in the yard of their own home. One of the brighter aspects of civil society under President Yeltsin was the expansion of NGO activity. However, Professor Sarah Mendelson of the Fletcher School of Diplomacy and Law at Tufts University noted that there is in Russia today “an atmosphere that is hostile to civil rights activists, and in fact, anyone with opinions that differ from the Kremlin's.” While “the treatment of Andrei Babitsky in January and February was shocking and disturbing, and the FSB raid on MediaMost in May was brazen,” she testified, this is “part of a larger pattern of harassment that has grown steadily worse over the last year and a half.” In this connection, I would like to point out another proposal made by Professor Mendelson in her testimony. She suggested that President Clinton, while in Moscow next month at the Summit with President Putin, should meet with activists who are promoting human rights and democracy in Russia today. This gesture, she notes, “would send a signal not only to those in Russia who care about democracy but to those in Russia who do not.” I believe this idea is right on target. In fact, Mr. Hoyer and I have written to the President noting that this year is the twenty-fifth anniversary of the signing of the Helsinki Accords. We have encouraged the President to meet with the surviving veterans of the Soviet-era human rights struggle, and with their contemporary colleagues, in both Moscow and in Kyiv, where the President plans to meet with President Kuchma following his Moscow visit. I hope that President Clinton will take this advice, as I believe such a gesture would give new impetus to the struggle for human rights and democracy in two pivotal nations of the international community. In closing, I would call attention to a resolution to be introduced by our colleague Mr. Lantos and House International Affairs Committee Chairman Ben Gilman, regarding the issue of free media in Russia. I am pleased to join as an original cosponsor of this resolution, which among other provisions, calls upon the President, the Secretary of State, and other officials and agencies of the United States Government to emphasize to Russian government officials our concern and preoccupation that official pressures against the independent media are incompatible with democratic norms. I am pleased to co-sponsor this resolution, I hope my colleagues will join us, and I hope that President Clinton will heed this call when he meets with President Putin in Moscow next month.  

  • Elections, Democratization, and Human Rights in Azerbaijan

    The hearing will outline recent developments in Azerbaijani elections. Azerbaijan government officials announced Thursday that Azerbaijan’s government has accepted proposals to agree with the opposition about independent members of the Central Election Commission in advance of the November parliamentary election. The announcement was made during a hearing of the United States Commission on Security and Cooperation in Europe. Azerbaijan’s Ambassador Hafiz Pashayev, accompanied by several experts who arrived from Baku for the hearing, said that negotiations between the sides, with the active mediation of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), would continue about the Central Election Commission and the election law. How these electoral developments effect Azerbaijan will be outlined.

  • The Putin Path: Are Human Rights in Retreat?

    This hearing, held on the eve of President Clinton’s first summit meeting with Russia’s recently elected President, Vladimir Putin, provided a timely opportunity to assess bilateral relations between the United States and the Russian Federation, as well as domestic developments. Russia has multi-candidate presidential elections, with viable candidates, unlike the Central Asian states where presidents do not tolerate serious challengers. Nevertheless, this hearing examined how reliable are multi-candidate elections as a gauge of democratic development when the media is intimidated by government pressure and raids.

  • Report on the Presidential Election in Georgia

    On April 9, 2000, Georgia held a presidential election. According to the Central Election Commission, turnout was almost 76 percent. Incumbent President Eduard Shevardnadze won reelection with about 80 percent of the vote. Former Communist Party boss Jumber Patiashvili came in second, with 16.6 percent. The other candidates on the ballot were largely irrelevant. Though Shevardnadze’s victory was anticipated, it remained unclear until election eve whom he would defeat. Batumi Alliance leader Aslan Abashidze, boss of the Autonomous Republic of Ajaria, had announced last year plans to mount a presidential race, but many expected him to drop out, as he had no real chance of winning. By threatening a boycott, Abashidze won concessions from the CUG on the election law, but his overall strategy collapsed when his Batumi Alliance colleague, Jumber Patiashvili, announced plans to run against Shevardnadze no matter what. One day before the election, Abashidze withdrew, leaving Patiashvili as Shevardnadze’s only serious contender. The OSCE’s Office for Democratic Institutions and Human Rights election observation mission began its assessment by stating that “considerable progress is necessary for Georgia to fully meet its commitments as a participating state of the OSCE.” Among the problems in the election, ODIHR noted, inter alia, the authorities’ support for the incumbent, the failure of state media to provide balanced reportage, and the dominant role of the CUG in election commissions at all levels. While voting was generally conducted “calmly,” the “counting and tabulation procedures lacked uniformity and, at times, transparency.” The ODIHR also observed ballot stuffing and protocol tampering. Shevardnadze’s prospects for resolving the conflict in Abkhazia are bleak and he has little reason to expect help from Russia. Since the beginning of Russia’s latest campaign against Chechnya, Moscow has accused Tbilisi of allowing or abetting the transit of Chechen fighters through Georgian territory. These allegations also aim to pressure Georgia in negotiations about the withdrawal of Russia’s four military bases. High-level Russian political and military figures have made it plain that Moscow will try to retain the bases and will reassert its interests in the region to counter gains by Western countries, especially the United States. Tbilisi will need help from the United States in resisting a newly aggressive Moscow. Eduard Shevardnadze has long enjoyed good relations with Washington, which gratefully remembers his contribution as Soviet Foreign Minister to ending the Cold War peacefully. The United States has provided substantial assistance to Georgia and backed Shevardnadze morally as well. Presumably the congratulations tendered at the beginning of the State Department’s April 10 statement reflected appreciation for his past services, rather than acceptance at face value of the election’s results. President Clinton noted the election’s shortcomings in a post-election letter to Shevardnadze, reiterated Washington’s longstanding exhortation to attack corruption, and pressed him to implement urgent economic changes.

  • The Deterioration of Freedom of the Media in OSCE Countries

    The stated purpose of this hearing, presided over by Rep. Christopher Smith (NJ-04) was to draw attention to the deteriorating status of free speech and press throughout the OSCE region, raise alarm about this deterioration, and call upon OSCE participating states to recommit themselves to these freedoms. Such an impetus was drawn from how members of the press were mistreated in foreign countries. For example, 34 journalists were killed in the OSCE region in the year of 1999.

  • The Impact of Organized Crime and Corruption On Democratic and Economic Reform

    Commissioners Christopher Smith and Ben Nighthorse Campbell, along with others, discussed just how detrimental organized crime and corruption are on society. More specifically, organized crime negatively impact democracy’s expansion, the promotion of civil society, and security in the OSCE region, as well as economic development, particularly in southeast Europe and Central Asia. This is relevant to the United States because it has a strategic interest in promoting democratic reform and stability in the former U.S.S.R. and Central Asia. Countries in this region assist U.S. businesses exploring market opportunities, and the U.S. provides a good bit of bilateral assistance to these countries. The Helsinki Commission has pressed for greater OSCE involvement in efforts to combat corruption.

  • HEARING: THE STATE OF DEMOCRACY AND HUMAN RIGHTS IN TURKMENISTAN

    This hearing reviewed the democratization process, human rights, and religious liberty in Turkmenistan. This was one in a series that the Helsinki Commission has held on Central Asia. Turkmenistan has become a worse-case scenario of post-Soviet development. Human Rights Watch Helsinki did not yield from calling Turkmenistan one of the most repressive countries in the world. As a post-Soviet bloc country, Turkmenistan remains a one-party state, but even that party is only a mere shadow of the former ruling Communist Party. All the real power resides in the country’s dictator, who savagely crushes any opposition or criticism. The witnesses gave testimony surrounding the legal obstacles in the constitution of Turkmenistan and other obstacles that the authoritarian voices in the government use to suppress opposition.

  • The Ordeal of Andrei Babitsky

    Mr. Speaker, a small bit of good news has emerged from the tortured region of Chechnya, where the Russian military is killing, looting, and terrorizing the population under the guise of an “anti-terrorism operation.” Andrei Babitsky, the Radio Liberty correspondent who had disappeared in Chechnya in early February after Russian authorities had “exchanged” him to unknown persons in return for some Russian prisoners of war, has emerged in Dagestan and is now in Moscow recuperating from his ordeal. Mr. Babitsky's courageous reporting from the besieged city of Grozny had infuriated Russian military authorities, and he was arrested in mid-January and charged with “participating in an unlawful armed formation.” Prior to his release, Mr. Babitsky had spent time in the notorious Chernokozovo “filtration” camp where the Russian military has been detaining and torturing Chechens suspected of aiding the resistance. Following his arrival in Moscow, Mr. Babitsky provided a harrowing account of his incarceration at the Chernokozovo prison, and especially the savage treatment of his fellow prisoners. It is another graphic reminder that for all the fine words and denials coming out of Moscow, the Russian military has been conducting a brutal business that makes a mockery of the Geneva Conventions and the code of military conduct stipulated in the 1994 Budapest Document of the OSCE. Mr. Speaker, last month President Clinton stated that Russia's Acting President Putin is a man the United States “can do business with.” With this in mind, I would suggest for the Record excerpts from Mr. Babitsky's interview with an NTV reporter in Russia. If Mr. Putin is aware of the state of affairs at Chernokozovo and condoning it, I would submit that our business with Mr. Putin should be extremely limited. If he is not aware of the truth, then his authority over Russia is a chimera, and we might better deal with the real rulers of Russia. Babitsky's statement follows: [From Hero of the Day NTV Program, 7:40 p.m., Feb. 29, 2000] INTERVIEW WITH RADIO LIBERTY CORRESPONDENT ANDREI BABITSKY Babitsky: On the 16th I tried to leave the city of Grozny through the settlement of Staraya Sunzha, a suburb of Grozny which at the time was divided into two parts. One part was controlled by federal troops and the other by the Chechen home guard. I entered the territory controlled by the federals and it was there that I was recognized. I was identified as a journalist, I immediately presented my documents. All the subsequent claims that I was detained as a person who had to be identified are not quite clear to me. I had my passports with me, my accreditation card of a foreign correspondent. Then I was taken to Khankala. Not what journalists who had covered the first war regarded as Khankala, but to an open field. There was an encampment there consisting of trucks used as their office by army intelligence officers. Two of my cassettes that I had filmed in Grozny were taken from me. They contained unique frames. I think those were the last video pictures ever taken by anyone before Grozny was stormed. Those, again, were pictures of thousands of peaceful civilians many of whom, as we now know, were killed by federal artillery shells. I spent two nights in Khankala, in the so-called Avtozak, a truck converted into a prison cell. On the third day I was taken to what the Chechens call a filtration center, the preliminary detention center in Chernokozovo. I believe I am the only journalist of those who covered the first and the second Chechen wars who has seen a filtration center from the inside. I must say that all these horrors that we have heard from Chechens who had been there have been confirmed. Everything that we read about concentration camps of the Stalin period, all that we know about the German camps, all this is present there. The first three days that I spent there, that was the 18th, 19th and the 20th, beatings continued round the clock. I never thought that I would hear such a diversity of expressions of human pain. These were not just screams, these were screams of every possible tonality and depth, these were screams of most diverse pain. Different types of beatings cause a different reaction. Q. Are you saying that you got this treatment? A. No, that was the treatment meted out to others. I was fortunate, it was established at once that I am a journalist, true, nobody knew what type of journalist I was. Everybody there were surprised that a journalist happened to be there. In principle, the people there cannot be described as intellectuals. They decided that there was nothing special about this, that such things do happen in a war. As a journalist I was “registered”, as they say, only once. They have this procedure there. When a new detainee is being taken from his cell to the investigator he is made to crawl all the way under a rain of blows with rubber sticks. It hurts but one can survive it. This is a light treatment as compared with the tortures to which Chechens are subjected day and night, those who are suspected of collaborating with the illegal armed formations. There are also cases when some testimony is beaten out of detainees. Q. What is the prison population there? A. In my opinion ..... I was in cell No. 17 during the first three days. In that cell there were 13 inhabitants of the village Aberdykel (sp.--FNS). Most of them were young. Judging by their stories, I am not an investigator and I could not collect a sufficiently full database, but in such an atmosphere one very rarely doubts the veracity of what you are told. Mostly these were young men who had nothing to do with the war. They were really common folk. They were treating everything happening around them as a calamity but they were not taking any sides. They were simply waiting for this calamity to pass either in this direction or that direction. Beatings as a method of getting testimony. This is something that, unfortunately, is very well known in Russian and not only Russian history and tradition. But I must say that apart from everything, in my opinion, in all this torture, as it seemed to me, a large part is due to sheer sadism. In other words, an absolutely unwarranted torturing of people. For instance, I heard ..... You know, you really can't see this because all this happens outside of your cell. But the type of screams leaves no doubt about what is happening. You know this painful reaction. For two hours a woman was tortured on the 20th or the 19th. She was tortured; I have no other word to explain what was happening. That was not hysteria. I am not a medic but I believe that we all know what hysteria is. There were screams indicting that a person was experiencing unbearable pain, and for a long period of time.

  • Protection of Human Rights Advocates in Northern Ireland

    This hearing examined allegations of the involvement of security forces in intimidation and harassment of human rights advocates in Northern Ireland. The hearing focused on the unsolved murders of two Belfast defense attorneys, Rosemary Nelson, and Patrick Finucane, killed in 1999 and 1989. Commissioner Harold Hongju Koh, Assistant Secretary of State for Democracy, Human Rights, and Labor, expressed the State Department’s concern with that there was not sufficient protection of lawyers, the rule of law, and human rights in Northern Ireland.  Commissioner Smith noted that “Defense attorneys are the ‘Helsinki Commissioners’ of Northern Ireland. The OSCE can be a valuable forum in which to provide cover for these human rights advocates. The United States and United Kingdom are quick to criticize emerging democracies that fail to abide by the rule of law and due process. The best way to lead in these matters is by example.”

  • Helsinki Commission Hearing on Kosovo's Displaced and Imprisoned

    Mr. Speaker, this week the Helsinki Commission held a hearing to review the current situation in Kosovo and the prospects for addressing outstanding human rights issues there. More specifically, the hearing focused on the more than 200,000 displaced of Kosovo, mostly Serb and Roma, as well as those Albanians, numbering at least 1,600 and perhaps much more, imprisoned in Serbia. Witnesses included Ambassador John Menzies, Deputy Special Advisor to the President and Secretary of State for Kosovo Implementation; Bill Frelick, Director for Policy at the U.S. Committee for Refugees; His Grace, Bishop Artemije of the Serbian Orthodox Church; Andrzej Mirga, an expert on Roma issues for the Project on Ethnic Relations and the Council of Europe; Susan Blaustein, a senior consultant at the International Crisis Group; and, finally, Ylber Bajraktari, a student from Kosovo. The situation for the displaced, Mr. Speaker, is truly horrible. In Serbia, most collective centers are grim, lacking privacy and adequate facilities. While most displaced Serbs have found private accommodations, they still confront a horrible economic situation worsened by the high degree of corruption, courtesy of the Milosevic regime. The squalor in which the Roma population from Kosovo lives is much worse, and they face the added burdens of discrimination, not only in Serbia but in Montenegro and Macedonia as well. There is little chance right now for any of them to go back to Kosovo, given the strength of Albanian extremists there. Indeed, since KFOR entered Kosovo eight months ago, it was asserted, more than 80 Orthodox Churches have been damaged or destroyed in Kosovo, more than 600 Serbs have been abducted and more than 400 Serbs have been killed. The situation for those Serbs and Roma remaining in Kosovo is precarious. Other groups, including Muslim Slavs, those who refused to serve in the Yugoslav military, and ethnic Albanians outside Kosovo, face severe problems as well, but their plights are too often overlooked. Meanwhile, the Milosevic regime continues to hold Albanians from Kosovo in Serbian prisons, in many cases without charges. While an agreement to release these individuals was left out of the agreement ending NATO's military campaign against Yugoslav and Serbian forces, with the Clinton Administration's acquiescence, by international law these people should have been released. At a minimum, the prisoners are mistreated; more accurately, many are tortured. Some prominent cases were highlighted: 24-year-old Albin Kurti, a former leader of the non-violent student movement; Flora Brovina, a prominent pediatrician and human rights activist; Ukshin Hoti, a Harvard graduate considered by some to be a possible future leader of Kosovo; and, Bardhyl Caushi, Dean of the School of Law, University of Pristina. Clearly, the resolution of these cases is critical to any real effort at reconciliation in Kosovo. This human suffering, Mr. Speaker, must not be allowed to continue. Action must be taken by the United States and the international community as a whole. Among the suggestions made, which I would like to share with my colleagues, are the following: First, get rid of Milosevic. Little if anything can be done in Kosovo or in the Balkans as a whole until there is democratic change in Serbia; Second, bring greater attention to the imprisoned Albanians in Serbia, and keep the pressure on the Milosevic regime to release them immediately and without condition; Third, rein in extremists on both sides, Albanian and Serb, in Kosovo with a more robust international presence, including the deployment of the additional international police as requested by the UN Administrator; Fourth, find alternative networks for improved distribution of assistance to the displaced in Serbia; Fifth, consider additional third-country settlement in the United States and elsewhere for those groups most vulnerable and unable to return to their homes, like the Roma and those who evaded military service as urged by NATO. Mr. Speaker, as Chairman of the Helsinki Commission, I intend to pursue some of these suggestions with specific legislative initiatives, or through contacts with the Department of State. I hope to find support from my fellow Commissioners and other colleagues. Having heard of the suffering of so many people, we cannot neglect to take appropriate action to help, especially in a place like Kosovo where the United States has invested so much and holds considerable influence as a result.

  • The Status of Religious Liberty in Russia Today

    Hon. Cristopher H. Smith, Chairman of the Commission on Security and Cooperation in Europe, presided over this hearing on the status of religious liberty in Russia. It was one in a series of Helsinki Commission hearings to examine human rights issues in the nations of the Organization for Security and Cooperation in Europe. Hon. Smith was joined by panelists to provide their insights on these issues: Robert Seiple, Ambassador-at-Large for International Religious Freedom; Rabbi Lev Shemtov, Director of American Friends of Lubavitch; Pastor Igor Nikitin, Chariman of the Assosiation of Christian Churches of St. Petersburg; Father Leonid Kishkovsky, Pastor; and Anatoly Krasikov, Chairman of Russian Chapter, International Association for Religious Liberty in Moscow.      

  • Chechen Parliamentarians

    Representative Chris Smith, Chairman of the Commission, addressed the “war of destruction” in Chechnya and the Russian government’s claim of it being an anti-terrorist operation. Smith condemned Russia’s actions on behalf of the Commission and highlighted its application of indiscriminate force on an entire population to punish a handful of guilty. In response to concern from the international community, the Russian Government and military simply claim that the conflict is an internal matter. The witnesses – Seilam Bechaev, Vice President of the Chechen Praliament and Mr. Tourpal-Ali Kaimov, Chairman of the Budget Committee of the Chechen Parliament – discuss the current state of Chechnya and its deterioration since declaring independence in 1997.

  • Report on Ukraine's Presidential Elections: October and November 1999

    On November 14, President Leonid Kuchma was re-elected for another 5-years term as President of Ukraine, beating Communist Party candidate Petro Symonenko, with 56.3 percent of the votes to Symonenko's 37.8 percent. More than 27 million people, nearly 75 percent of the electorate, turned out to vote. Nearly one million people, or 3.5% of the voters, selected the option of voting for neither candidate. Despite the economic decline and widespread corruption that were hallmarks of his first term, voters chose to re-elect Kuchma, principally out of fear of a return of communism, and certainly not due to any enthusiastic embrace of his economic policies. While there were violations of Ukraine's elections law and OSCE commitments on democratic elections, especially during the second round, these did not have a decisive affect on the outcome, given Kuchma's substantial margin of victory (over five millions votes). The elections were observed by some 500 international observers, with the largest contingent by far coming from the OSCE, and some 16.000 domestic observers. While the West welcomed the Ukrainian people's rejection of communism and any plans to reinvent the Soviet Union or Russian empire, the lack of economic reforms, as well as inappropriate governmental involvement in the election campaign, dampened Western exuberance over Kuchma's election victory. Following his victory, President Kuchma claimed a mandate and promised to work resolutely for economic reforms. This, however, needs to be weighed against his dismal economic record and the questionable resumes of some of his major campaign supporters. Western governments, including the United States, almost immediately reiterated their commitment to assisting Ukraine's transition to democracy and a market economy. At the same time, these governments are waiting to see if the reality will match the rhetoric of reform.                     

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