Title

Democracy in Central & Eastern Europe

Wednesday, July 26, 2017
2:00pm
Capitol Visitors Center, Room SVC-215
Washington, DC
United States
Renewing the Promise of Democratic Transitions
Official Transcript: 
Moderator(s): 
Name: 
Erika Schlager
Title Text: 
Counsel for International Law
Body: 
Commission on Security and Cooperation in Europe
Name: 
Martina Hrvolova
Title Text: 
Program Officer, Central Europe and the Balkans
Body: 
Center for International Private Enterprise
Witnesses: 
Name: 
Andrew Wilson
Title: 
Managing Director
Body: 
Center for International Private Enterprise
Statement: 
Name: 
Peter Golias
Title: 
Director
Body: 
Institute for Economic and Social Reforms, Slovakia
Statement: 
Name: 
Andras Loke
Title: 
Chair
Body: 
Transparency International, Hungary
Statement: 
Name: 
Marek Tatala
Title: 
Vice-President
Body: 
Civil Development Forum, Poland
Statement: 
Name: 
Jan Surotchak
Title: 
Regional Director for Europe
Body: 
International Republican Institute
Name: 
Jonathan Katz
Title: 
Senior Resident Fellow
Body: 
German Marshall Fund

On July 26, 2017, the U.S. Helsinki Commission held a briefing on “Democracy in Central and Eastern Europe: Renewing the Promise of Democratic Transitions.” This briefing followed a series of roundtable discussions and other events earlier in the year relating to this region, demonstrating the Helsinki Commission’s interest in Central and Eastern Europe.

Erika Schlager, Counsel for International Law for the U.S. Helsinki Commission, welcomed panelists Andrew Wilson, the Managing Director of the Center for International Private Enterprise (CIPE); Peter Goliaš, Director of the Institute for Economic and Social Reforms in Slovakia; András Lőke, Chair of Transparency International in Hungary; and Marek Tatała, Vice-President of the Civil Development Forum in Poland. Jan Surotchak, Regional Director for Europe at the International Republican Institute (IRI), and Jonathan Katz, Senior Resident Fellow at the German Marshall Fund of the United States (GMF) added Washington policy perspectives. The discussion was moderated by Martina Hrvolova, Central Europe and the Balkans Program Officer at CIPE.

The panelists provided a background on democracy in the regional context, as well as on the specific case studies of Slovakia, Hungary and Poland.

Andrew Wilson observed that new democracies of Central and Eastern Europe face serious stresses that raise questions about the resilience of their democratic transitions and threaten to undo the remarkable progress the countries made during the last three decades. He argued that the problems in the region do not stem from the failure of democracy, but rather a failure to more actively pursue its consolidation.

Peter Goliaš offered a brief overview of the current state of democracy in Slovakia. He described the findings of a recent public opinion poll that paint a very bleak picture of how Slovakians see the current state of democracy in their country. He argued that a main reason for people’s dissatisfaction with democracy has been the perception that politicians do not work in the public’s interest, but in the interest of the oligarchs. He projected that current political trends will lead to the continued slow deterioration of Slovak democracy. To stop this deterioration, Goliaš proposed several short- and long-term measures that he believes would strengthen the rule of law and civil society in Slovakia.

András Lőke cited the reports of several influential NGOs to describe the current state of Hungarian democracy. While both Freedom House and Transparency International still give moderate scores to Hungary on the level of freedom and corruption, Hungary is trending downward on every indicator that were examined. Lőke argued that the most telling figures were found in the World Economic Forum’s Global Competitiveness Report, which ranked Hungary very poorly based on an assessment of the rule of law and the level of corruption. After identifying the challenges facing Hungary today, Lőke outlined a list of solutions to these problems that would ultimately enable civil society to reassert its role in maintaining transparency and accountability in governance, and generally increase the crucial engagement of civil society in public affairs.

Marek Tatała assessed the state of democracy in Poland, arguing that while the country remains a democracy, its current political leadership is weakening rather than strengthening its democratic development. Tatała observed that laws on the constitutional tribunal and on the organization of courts, and the rapid nature of the legislative process, have been harmful to the rule of law in Poland. He underlined the need for a higher level of engagement of the business community in public affairs, and a better quality of education that is more focused on civic engagement and economic literacy.

Following up on the three country case studies, Jan Surotchak presented the findings of a recent poll conducted as part of IRI’s Beacon Project. The findings revealed a number of disturbing trends in Central and Eastern Europe, including waning support for core transatlantic institutions; tensions over the nature of European identity; and a deep discontent with socioeconomic challenges in the region. Most importantly, the study confirmed that there is a strong correlation between socioeconomic disparities in these countries and their vulnerabilities to Russian influence.

Finally, Jonathan Katz emphasized the need to increase the United States’ bilateral and joint diplomatic engagement and development assistance efforts in the region to support continued democratic and economic transition. More specifically, Katz presented four core strategies that he argues are needed, which included the establishment of joint US-EU mechanisms to strengthen development cooperation and coordination in the entire OSCE region.

The panelists agreed that any external development assistance should primarily support the work of civil society in Central and Eastern Europe, with a special focus on communication campaigns. Particular emphasis should be given to the improvement of the education system with a focus on promoting discussions with students. Marek Tatała also argued that given the fairly strong ties of these countries’ leaders with the United States, a stronger voice from the current US Administration regarding negative developments in Slovakia, Hungary, and Poland would be also welcome and effective.

With regard to action from Congress, panelists argued that resources for development assistance could come in the form of a congressional authorization bill. Panelists also noted that to be effective, any external development fund that targets NGOs or the civil society must be monitored by donors to avoid corruption. Panelists observed that the Congress could play a particularly important role in providing oversight of such assistance programs and making sure that their spending follow very strict guidelines.

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  • Introduction of S. Res. 205 on Parliamentary Elections in Ukraine

    Mr. President, as Chairman of the Commission on Security and Cooperation in Europe, I today am introducing a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31, 2002 parliamentary elections. I am pleased to be joined by fellow Commissioners Dodd and Brownback. Several of our colleagues from the House have introduced a companion resolution. Ukraine's success as an independent, democratic state is vital to the stability and security in Europe, and that country has, over the last decade, enjoyed a strong relationship with the United States. The Helsinki Commission has monitored closely the situation in Ukraine and has a long record of support for the aspirations of the Ukrainian people for human rights and democratic freedoms. Ukraine enjoys goodwill in the Congress and remains one of our largest recipients of assistance in the world. Clearly, there is a genuine desire that Ukraine succeed as an independent, democratic, stable and economically successful state.   It is against this backdrop that I introduce this resolution, as a manifestation of our concern about Ukraine's direction at this critical juncture. These parliamentary elections will be an important indication of whether Ukraine moves forward rather than backslides on the path to democratic development. Indeed, there has been growing cause for concern about Ukraine's direction over the last few years. Last May, I chaired a Helsinki Commission hearing: “Ukraine at the Crossroads: Ten Years After Independence.'' Witnesses at that hearing testified about problems confronting Ukraine's democratic development, including high-level corruption, the controversial conduct of authorities in the investigation of murdered investigative journalist Heorhiy Gongadze and other human rights problems. I had an opportunity to meet Mrs. Gongadze and her daughters who attended that hearing. While there has been progress over the last few months with respect to legislation designed to strengthen the rule of law, it is too early to assert that Ukraine is once again moving in a positive direction. With respect to the upcoming elections, on the positive side we have seen the passage of a new elections law which, while not perfect, has made definite improvements in providing safeguards to meet Ukraine's international commitments. However, there are already concerns about the elections, with increasing reports of violations of political rights and freedoms during the pre-campaign period, many of them documented in reports recently released by the non-partisan, non-government Committee on Voters of Ukraine, CVU.   It is important for Ukraine that there not be a repeat of the 1999 presidential elections which the Organization for Security and Cooperation in Europe, OSCE, stated were marred by violations of the Ukrainian election law and failed to meet a significant number of commitments on the conduct of elections set out in the 1990 OSCE Copenhagen Document. Therefore, this resolution urges the Ukrainian Government to enforce impartially the new election law and to meet its OSCE commitments on democratic elections and to address issues identified by the OSCE report on the 1999 presidential election such as state interference in the campaign and pressure on the media. The upcoming parliamentary elections clearly present Ukraine with an opportunity to demonstrate its commitment to OSCE principles. The resolution we introduce today is an expression of the importance of these parliamentary elections, which could serve as an important stepping-stone in Ukraine's efforts to become a fully integrated member of the Europe-Atlantic community of nations.   SENATE RESOLUTION 205--URGING THE GOVERNMENT OF UKRAINE TO ENSURE A DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS LEADING UP TO THE MARCH 31, 2002, PARLIAMENTARY ELECTIONS   Mr. Campbell (for himself, Mr. Dodd, and Mr. Brownback) submitted the following resolution; which was referred to the Committee on Foreign Relations: S. Res. 205 Whereas Ukraine stands at a critical point in its development to a fully democratic society, and the parliamentary elections on March 31, 2002, its third parliamentary elections since becoming independent more than 10 years ago, will play a significant role in demonstrating whether Ukraine continues to proceed on the path to democracy or experiences further setbacks in its democratic development;   Whereas the Government of Ukraine can demonstrate its commitment to democracy by conducting a genuinely free and fair parliamentary election process, in which all candidates have access to news outlets in the print, radio, television, and Internet media, and nationally televised debates are held, thus enabling the various political parties and election blocs to compete on a level playing field and the voters to acquire objective information about the candidates;   Whereas a flawed election process, which contravenes commitments of the Organization for Security and Cooperation in Europe (OSCE) on democracy and the conduct of elections, could potentially slow Ukraine's efforts to integrate into western institutions;   Whereas in recent years, government corruption and harassment of the media have raised concerns about the commitment of the Government of Ukraine to democracy, human rights, and the rule of law, while calling into question the ability of that government to conduct free and fair elections; Whereas Ukraine, since its independence in 1991, has been one of the largest recipients of United States foreign assistance;   Whereas $154,000,000 in technical assistance to Ukraine was provided under Public Law 107-115 (the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 2002), a $16,000,000 reduction in funding from the previous fiscal year due to concerns about continuing setbacks to needed reform and the unresolved deaths of prominent dissidents and journalists;   Whereas Public Law 107-115 requires a report by the Department of State on the progress by the Government of Ukraine in investigating and bringing to justice individuals responsible for the murders of Ukrainian journalists;   Whereas the disappearance and murder of journalist Heorhiy Gongadze on September 16, 2000, remains unresolved;   Whereas the presidential election of 1999, according to the final report of the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE on that election, was marred by violations of Ukrainian election law and failed to meet a significant number of commitments on democracy and the conduct of elections included in the OSCE 1990 Copenhagen Document;   Whereas during the 1999 presidential election campaign, a heavy pro-incumbent bias was prevalent among the state-owned media outlets, members of the media viewed as not in support of the president were subject to harassment by government authorities, and pro-incumbent campaigning by state administration and public officials was widespread and systematic;   Whereas the Law on Elections of People's Deputies of Ukraine, signed by President Leonid Kuchma on October 30, 2001, was cited in a report of the ODIHR dated November 26, 2001, as making improvements in Ukraine's electoral code and providing safeguards to meet Ukraine's commitments on democratic elections, although the Law on Elections remains flawed in a number of important respects, notably by not including a role for domestic nongovernmental organizations to monitor elections; Whereas according to international media experts, the Law on Elections defines the conduct of an election campaign in an ambiguous manner and could lead to arbitrary sanctions against media operating in Ukraine;   Whereas the Ukrainian Parliament (Verkhovna Rada) on December 13, 2001, rejected a draft Law on Political Advertising and Agitation, which would have limited free speech in the campaign period by giving too many discretionary powers to government bodies, and posed a serious threat to the independent media;   Whereas the Department of State has dedicated $4,700,000 in support of monitoring and assistance programs for the 2002 parliamentary elections;   Whereas the process for the 2002 parliamentary elections has reportedly been affected by apparent violations during the period prior to the official start of the election campaign on January 1, 2002; and   Whereas monthly reports for November and December of 2001 released by the Committee on Voters of Ukraine (CVU), an indigenous, nonpartisan, nongovernment organization that was established in 1994 to monitor the conduct of national election campaigns and balloting in Ukraine , cited five major types of violations of political rights and freedoms during the pre-campaign phase of the parliamentary elections, including-- (1) use of government position to support particular political groups; (2) government pressure on the opposition and on the independent media; (3) free goods and services given in order to sway voters; (4) coercion to join political parties and pressure to contribute to election campaigns; and (5) distribution of anonymous and compromising information about political opponents:   Now, therefore, be it Resolved, That the Senate— (1) acknowledges the strong relationship between the United States and Ukraine since Ukraine's independence more than 10 years ago, while understanding that Ukraine can only become a full partner in western institutions when it fully embraces democratic principles; (2) expresses its support for the efforts of the Ukrainian people to promote democracy, the rule of law, and respect for human rights in Ukraine; (3) urges the Government of Ukraine to enforce impartially the new election law, including provisions calling for— (A) the transparency of election procedures; (B) access for international election observers; (C) multiparty representation on election commissions; (D) equal access to the media for all election participants; (E) an appeals process for electoral commissions and within the court system; and (F) administrative penalties for election violations; (4) urges the Government of Ukraine to meet its commitments on democratic elections, as delineated in the 1990 Copenhagen Document of the Organization for Security and Cooperation in Europe (OSCE), with respect to the campaign period and election day, and to address issues identified by the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE in its final report on the 1999 presidential election, such as state interference in the campaign and pressure on the media; and (5) calls upon the Government of Ukraine to allow election monitors from the ODIHR, other participating states of OSCE, and private institutions and organizations, both foreign and domestic, full access to all aspects of the parliamentary election process, including— (A) access to political events attended by the public during the campaign period; (B) access to voting and counting procedures at polling stations and electoral commission meetings on election day, including procedures to release election results on a precinct by precinct basis as they become available; and (C) access to postelection tabulation of results and processing of election challenges and complaints

  • Belarus - Opportunities Squandered

    Mr. President. Periodically, I have addressed my colleagues in the United States Senate on developments in the last dictatorship in Europe -- Belarus. More than five months have passed since the September 9, 2001 Belarusian Presidential elections, which the Organization for Security and Cooperation in Europe (OSCE), as well as the Helsinki Commission, which I chair, concluded did not meet international democratic standards. Since that time, the Belarusian leadership has had ample opportunity to begin to live up to its freely-undertaken OSCE human rights and democracy commitments. Thus far, these opportunities have been squandered. As Secretary of State Powell remarked in his speech at the December 2001 meeting of OSCE Ministers in Bucharest: “The Government of Belarus ignored the recommendations of the OSCE on what conditions would need to be established in order for free and fair elections to take place. It is unfortunate, indeed, that the government of Belarus continues to act in a manner that excludes Belarus from the mainstream of European political life.” Since September, human rights violations have continued. There has been no progress with respect to resolving the cases of opposition leaders and journalists who “disappeared” in 1999-2000. Belarusian leader Aleksandr Lukashenka has retaliated against opposition members, independent journalists, human rights activists and others, especially young people. Beatings, detentions, fines and other forms of pressure have continued unabated. To cite just one example, two defendants in a criminal case against Alexander Chygir, son of leading Lukashenka opponent and former Prime Minister, Mikhail Chygir, were reportedly beaten and otherwise maltreated during pre-trial detention. Criminal cases have been launched against journalists and NGOs as well. A number of leading industrialists have been arrested on what some observers believe are politically motivated charges. Freedom of religion is also an area of concern. The registration scheme, required for a group to obtain full legal rights, is the ultimate “catch-22." Registration cannot be granted without a legal address; a legal address cannot be obtained without registration. Even the state controlled media is a concern for religious freedom, due to the highly critical reports in newspapers and television about the Catholic Church and Protestant churches. Very recently, the regular broadcast on national radio of a Miensk Catholic mass was unexpectedly halted. Efforts to promote human rights and expand support and develop civil society in Belarus are being thwarted. The Belarusian government has threatened the OSCE Mission in Miensk with what amounts to expulsion unless the mandate of the Mission is changed more to its liking and has shown reluctance to accept a new Head of Mission. It is vital that the OSCE be allowed to continue its important work in developing genuine democratic institutions and a strong civil society in Belarus. Mr. President, I am also deeply troubled by allegations that Belarus has been acting as a supplier of lethal military equipment to Islamic terrorists, a charge that the Belarusian Government has denied. I ask unanimous consent that the text of a recent article that appeared in the Washington Post titled “Europe’s Armory for Terrorism” appear in the Record at this time. Mr. President, the troubling allegations contained in this article are a reminder of the importance of remaining steadfast in supporting democracy, human rights and the rule of law in Belarus. The lack of functioning democratic institutions, including an independent parliament, together with suppression of free media contribute to an environment void of accountability. Writing off Belarus as a backwater in the heart of Europe would play into the hands of the Lukashenka regime with disastrous consequences not only for the Belarusian people. Mr. President, it is more important than ever for the OSCE to maintain a strong presence on the ground in Belarus and for the United States to continue to support democratic development in that country. I ask unanimous consent that the Washington Post article “Europe's Armory for Terrorism” be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: From the Washington Post, Jan. 3, 2002 Europe's Armory for Terrorism By Mark Lenzi The country in Europe that deserves the most attention for its support of terrorist groups and rogue states continues to receive the least. That is the lawless and undemocratic country of Belarus, under the rule of Alexander Lukashenko. Without a doubt no world leader benefitted more from the September terror attacks than Lukashenko, Europe's last dictator, whose ultimate wish is to reunite the Soviet Union. Just as world scrutiny and condemnation were beginning to mount after his rigged and falsified presidential election of Sept. 9 the tragic events two days later took Washington's quick glance away from this little-known and backward country. Washington needs to wake up to what is happening in NATO's backyard: Belarus is quietly acting as a leading supplier of lethal military equipment to Islamic radicals--with terrorists and militant organizations in the Middle East, Balkans and Central Asia often the recipients. In 1994, Lukashenko's first year as president, Belarus sold machine guns and armored vehicles to Tajikistan. This equipment quickly made its way into the hands of warring factions in neighboring Afghanistan, as well as Islamic freedom fighters aiming to overthrow the government in Tajikistan itself--ironically the same country where Belarus's big brother, Russia, has thousands of soldiers stationed to protect Central Asia and Russia from Islamic destabilization. Many of Lukashenko's arms deals have followed a similar pattern: Weapons sent from Belarus are “diverted'' from a listed destination country to an Islamic extremist group or a country under U.N. arms embargo while Belarusian government officials cast a blind eye on the transactions. While it is deplorable that Belarus's weapons have been responsible for prolonging civil wars and internal strife in countries such as Tajikistan, Angola and Algeria, it is particularly disturbing that Sudan, a country where Osama bin Laden used to live and one that is known as a haven for terrorists, has obtained from Belarus such proven and capable weapon systems as T-55 tanks and Mi-24 Hind Helicopter gunships. Weapons sent from Belarus to Sudan either fall into the hands of terrorists or are used in a civil war that has already killed more than 2 million people. Lukashenko's efforts to sell weapons to generate much-needed income for his beleaguered economy appear to have no bounds. For a country of only 10 million people, it is unsettling that Belarus is ranked year after year among the top 10 weapons-exporting countries. To put in perspective how much military equipment left over from the Soviet Union Lukashenko has at his disposal, consider the following fact: The Belarusian army has 1,700 T-72 battle tanks. Poland, a new NATO member with the most powerful army in Central Europe and with four times the population of Belarus, has only 900 T-72s. Despite strong denials from Lukashenko, Belarus has been a key partner of Saddam Hussein in his effort to rebuild and modernize Iraq's air defense capability. Belarus has violated international law by secretly supplying Baghdad with SA-3 antiaircraft missile components as well as technicians. Given that Iraq has repeatedly tried to shoot down U.S. and British aircraft patrolling the U.N. no-fly zone--with more than 420 attempts this year alone--covert Belarusian-Iraqi military cooperation is disturbing and should set off alarm bells in Western capitals. Former Belarusian defense minister Pavel Kozlovski, obviously someone with firsthand knowledge of Minsk's covert arms deals, recently summed up Belarus's cooperation with Iraq and other rogue states by saying, “I know that the Belarusian government does not have moral principles and can sell weapons to those countries [such as Iraq] where embargoes exist. This is the criminal policy of Belarusian leadership.'' In many ways, the mercurial and authoritarian Lukashenko feels he has a free hand to sell arms to nations and groups that are unfriendly to the West, because the European Union and the United States do not recognize him as the legitimate Belarusian head of state anyway. Threats of U.S.-led economic sanctions or other diplomatic “sticks'' against Belarus hold little weight, since the country is already isolated to a degree rivaled only by a handful of other countries. It is only thanks to cheap energy subsidies from Russia that the Belarusian economy remains afloat. Since Russia is the only country that has the necessary economic and political influence on Belarus, it is imperative that Washington use its new relationship with Moscow to encourage the Russians to exert their leverage on Belarus to cease covert arms sales to rogue states and terrorist groups. In the Bush administration's worldwide effort to combat terrorism, it should not overlook a little-known country right on NATO's border.

  • Commission Holds Hearing on Human Rights in Kyrgyzstan

    By Michael Ochs, CSCE Staff Advisor The Helsinki Commission, in its most recent of a series of hearings on Central Asia, examined the state of human rights and democracy in Kyrgyzstan. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ), who chaired the hearing, voiced concern about the regression in democratic reforms, as well as disturbing trends involving election rigging, high-level corruption, and the crackdown on the opposition and independent media. Commission members Reps. Joseph R. Pitts (R-PA), Benjamin L. Cardin (D-MD) and Robert B. Aderholt (R-AL) also participated in the hearing on December 12. “In the last few years, almost all of the opposition and independent newspapers have been forced to close after losing lawsuits when officials accused of corruption launched slander cases against media outlets,” Smith said. Considering that Kyrgyzstan was once viewed as the most democratic state in Central Asia, the turnaround was particularly disheartening; in fact, Co-Chairman Smith observed, “I think it would be fair to say that Kyrgyzstan, under the leadership of Askar Akaev, is the most disappointing country in the former USSR.” Commissioner Pitts noted his disappointment with the tempo of democratization in Kyrgyzstan but called for continued engagement with the government to encourage reforms. “If we are to be an honest partner with Kyrgyzstan, we must not miss opportunities to encourage the good that has been done,” Pitts said. “We must look at Kyrgyzstan and other countries with promise in the region not only from OSCE standards, but also as a potential leader in building regional cooperation.” In prepared remarks, Chairman Ben Nighthorse Campbell (R-CO) expressed particular concern over corruption: “The former Soviet republics, as is widely known, are notorious for corruption. Kyrgyzstan is no exception. On August 11, the Kyrgyz Prime Minister – not an opposition politician but the head of government – described efforts by law-enforcement bodies to counter corruption, smuggling and economic crime as ‘total disaster.’ He attributed that failure to the fact that most criminal groups have protectors within the law-enforcement bodies and estimated financial losses from smuggling to be in the millions of dollars annually.” Ranking Commission Member Steny H. Hoyer (D-MD) similarly observed, “There is good reason to be concerned about terrorism. But Central Asian leaders have, up to now, contributed significantly to their own security problems by stifling political discourse, by rigging elections, and by not permitting the development of open societies that could provide an outlet for discontent and freedom of expression. It seems to me that if Washington lets these leaders shift the focus of relations primarily towards security issues, they will deflect attention from their determination to remain in power indefinitely, which is one of the greatest threats to democratization and stability in the region.” Hearing witnesses were Lynn Pascoe, Deputy Assistant Secretary for European and Eurasian Affairs; His Excellency Baktibek Abdrisaev, Kyrgyzstan’s Ambassador to the United States; Dr. Martha Olcott, Senior Associate at the Carnegie Endowment for International Peace; and Natalia Ablova, Director of the Kyrgyz-American Bureau for Human Rights and Rule of Law in Bishkek. Co-Chairman Smith focused specific attention on the plight of opposition figure Felix Kulov, leader of the Ar-Namys Party, who has been in jail since January 2001. As the leading rival of Kyrgyz President Askar Akaev, Kulov has suffered the consequences of attempting to engage in normal electoral politics in an increasingly authoritarian environment. Amnesty International and other human rights organizations consider Felix Kulov a political prisoner. Kyrgyz authorities barred Kulov’s party from participating in the February 2000 parliamentary election. Kulov ran as an independent and made it into the second round but, according to official results, lost the runoff. The OSCE’s election report documented rampant vote fraud designed to keep Kulov from winning and, in an unusual move, openly questioned the results in his district. After the election, Kulov – a former vice-president, minister, governor and mayor – was arrested in March 2000. Remarkably, a military court acquitted him in August. Kulov then sought to run in the October 2000 presidential election, but he withdrew from the race rather than take a Kyrgyz-language test that many observers believed had been mandated specifically to complicate his campaign. Subsequently, prosecutors who had appealed his acquittal indicted him again, and this time secured a conviction. On January 22, 2001, a closed military court sentenced Kulov to a seven-year jail term. Kyrgyz authorities have pursued him further, opening yet another criminal case against him, in an obvious effort to remove Kulov from the political arena by any means necessary. Some of Kulov’s relatives now live in New York, and they came to Washington to attend the hearing. Co-Chairman Smith invited his wife, Nailya Kulova, to take the floor and make a brief intervention on human rights problems in Kyrgyzstan and the persecution of her husband. A consistent theme in Rep. Smith’s remarks was the hope that the U.S. war on terrorism, which has led Washington to deepen its ties with Central Asian governments, will not overshadow human rights concerns. Speaking for the State Department, Lynn Pascoe said that since September 11, the U.S. has received “an unprecedented level of support and cooperation from Kyrgyzstan and our other Central Asian partners.” But he pledged that Washington will not cease pressing Bishkek to address human rights concerns and promote democratic reform. Pascoe said that human rights, fair elections, religious freedom, open markets, and foreign investment were indispensable to long-term stability for Kyrgyzstan and Central Asia. He added that Secretary of State Colin Powell had planned to raise the case of Felix Kulov with President Akaev during a scheduled trip to Bishkek in December that had to be canceled due to blizzard conditions. For his part, Ambassador Abdrisaev acknowledged there were human rights problems in his country and that reforms may not be proceeding fast enough. But he maintained that Kyrgyzstan was nevertheless making progress and that expectations for a country in a very complex neighborhood after only a decade of independence should not be too high. “The road to building a democracy is a rocky one, and we have been on that road for a mere 10 years. We have from the beginning, however, been dedicated to the ideals of democracy and human rights. We respect and appreciate constructive criticism issuing from human rights and non-governmental organizations,” Abdrisaev concluded. Dr. Olcott took a regional-comparative approach in assessing Kyrgyzstan’s level of democracy. “To say that the situation in Kyrgyzstan is better than that in neighboring countries is damning with faint praise and no solace for those whose lives are currently being trampled on. But, in fact, it remains true,” Olcott said. She concluded that “it is not too late to influence developments...Kyrgyzstan must open up again politically and work toward greater economic transparency, both through the creation of a more independent judiciary and through a more directed and far-reaching campaign against corruption.” In this latter respect, Dr. Olcott urged Kyrgyzstan’s first family to withdraw from commercial activities and “quietly sell off” all their current assets. Discussing the slowness of democratic change, Ms. Ablova bemoaned the call for patience: “We are frequently told by our political elite that in our part of the world people are not ready for democracy.... The process takes time. Therefore, all criticisms, grounded or ungrounded, should be toned down to better times of democratic maturity.” In fact, she maintained, “Fifteen years of my experience in public activism prove that it is not the people, but the political leadership of the country that always waits for better times to implement basic rights and civil liberties.” Ending the hearing, Co-Chairman Smith promised that the Helsinki Commission would continue to keep a close eye on developments in Kyrgyzstan. The Commission’s series on hearings on Central Asia, which began in 1999, will conclude in 2002 with a hearing on Tajikistan.

  • Human Rights in Central Asia

    Mr. Speaker, on Friday, December 21, Kazakhstan's President Nursultan Nazarbaev will be meeting with President Bush. Sometime in January, Uzbekistan's President Islam Karimov is likely to arrive for his visit. The invitations to these Heads of State obviously reflect the overriding U.S. priority of fighting international terrorism and the corresponding emphasis on the strategic importance of Central Asia, which until September 11 had been known largely as a resource-rich, repressive backwater.   As Co-Chairman of the Commission on Security and Cooperation in Europe, I have chaired a series of hearings in recent years focused on human rights and democratization in the Central Asian region.   Clearly, we need the cooperation of many countries, including Afghanistan's Central Asian neighbors, in this undertaking. But we should not forget, as we conduct our multidimensional campaigns, two vitally important points: first, Central Asian leaders need the support of the West at least as much as we need them.   Unfortunately, Central Asian presidents seem to have concluded that they are indispensable and that we owe them for allowing us to use their territory and bases in this fight against the terrorists and those who harbor them. I hope Washington does not share this misapprehension. By striking against the radical Islamic threat to their respective security and that of the entire region, we have performed a huge service for Central Asian leaders.   Second, one of the main lessons of September 11 and its aftermath is that repression of political opposition and alternative viewpoints is a key cause of terrorism. Secretary of State Colin Powell and National Security Adviser Condoleezza Rice have declared that the war on terrorism will not keep the United States from supporting human rights. I am hopeful the administration means what they have said. But given the sudden warming of relations between Washington and Central Asian leaders, I share the concerns voiced in many editorials and op-eds that the United States will downplay human rights in favor of cultivating ties with those in power. More broadly, I fear we will fall into an old pattern of backing repressive regimes and then being linked with them in the minds and hearts of their long-suffering peoples.   In that connection, Mr. Speaker, on the eve of President Nazarbaev's meeting with President Bush and in anticipation of the expected visit by President Karimov, as well as possible visits by other Central Asian leaders, I want to highlight some of the most glaring human rights problems in these countries.   To begin with, corruption is rampant throughout the region, and we should keep this in mind as the administration requests more money for assistance to Central Asian regimes. Kazakhstan's President Nazarbaev and some of his closest associates are under investigation by the U.S. Department of Justice for massive corruption. Not surprisingly, to keep any information about high-level misdeeds from the public, most of which lives in dire poverty, the Nazarbaev regime has cracked down hard on the media. Family or business associates of President Nazarbaev control most media outlets in the country, including printing houses which often refuse to print opposition or independent newspapers. Newspapers or broadcasters that try to cover taboo subjects are harassed by the government and editorial offices have had their premises raided. The government also controls the two main Internet service providers and regularly blocks the web site of the Information Analytical Center Eurasia, which is sponsored by Kazakhstan's main opposition party.   In addition, libel remains a criminal offense in Kazakhstan. Despite a growing international consensus that people should not be jailed for what they say or write, President Nazarbaev on May 3 ratified an amendment to the Media Law that increases the legal liability of editors and publishers. Furthermore, a new draft religion law was presented to the Kazakh parliament at the end of November without public consultation. If passed, it would seriously curtail the ability of individuals and groups to practice their religious faith freely.   Uzbekistan is a wholesale violator of human rights. President Karimov allows no opposition parties, permits no independent media, and has refused even to register independent human rights monitoring groups. Elections in Uzbekistan have been a farce and the Organization for Security and Cooperation in Europe (OSCE) rightly refused to observe the last presidential “contest,” in which Karimov's “rival” proclaimed that he was planning to vote for the incumbent.   In one respect, however, Karimov is not lacking, brazen gall. Last week, on the eve of Secretary Powell's arrival in Tashkent, Uzbek authorities announced plans to hold a referendum next month on extending Karimov's tenure in office from five years to seven. Some members of the tightly controlled parliament urged that he be made “president for life.” The timing of the announcement could have had only one purpose: to embarrass our Secretary of State and to show the United States that Islam Karimov will not be cowed by OSCE commitments on democracy and the need to hold free and fair elections.   I am also greatly alarmed by the Uzbek Government's imprisonment of thousands of Muslims, allegedly for participating in extremist Islamic groups, but who are probably “guilty” of the “crime” of attending non-government approved mosques. The number of people jailed on such dubious grounds is estimated to be between 5,000 and 10,000, according to Uzbek and international human rights organizations. While I do not dismiss Uzbek government claims about the seriousness of the religion-based insurgency, I cannot condone imprisonment of people based on mere suspicion of religious piety. As U.S. Government officials have been arguing for years, this policy of the Uzbek Government also seems counterproductive to its stated goal of eliminating terrorists. Casting the net too broadly and jailing innocent people will only inflame individuals never affiliated with any terrorist cell.   In addition, Uzbekistan has not only violated individual rights, but has also implemented policies that affect religious groups. For example, the Uzbek Government has consistently used its religion law to frustrate the ability of religious groups to register, placing them in a “Catch-22". By inhibiting registration, the Uzbek Government can harass and imprison individuals for attending unregistered religious meetings, as well as deny property purchases and formal education opportunities. As you can see, Mr. Speaker, Uzbekistan's record on human rights, democratization and religious freedom is unacceptable.   I am not aware that Kyrgyzstan's President Askar Akaev has been invited to Washington, but I would not be too surprised to learn of an impending visit. Once the most democratic state in Central Asia, Kyrgyzstan has gone the way of its neighbors, with rigged elections, media crackdowns and repression of opposition parties. At a Helsinki Commission hearing I chaired last week on democratization and human rights in Kyrgyzstan, we heard from the wife of Felix Kulov, Kyrgyzstan's leading opposition figure, who has been behind bars since January 2001. Amnesty International and many other human rights groups consider him a political prisoner, jailed because he dared to try to run against President Akaev. Almost all opposition and independent newspapers which have sought to expose high-level corruption have been sued into bankruptcy.   With respect to the proposed religion law the Kyrgyz Parliament is drafting, which would repeal the current law, significant concerns exist. If the draft law were enacted in its current emanation, it would categorize and prohibit groups based on beliefs alone, as well as allow arbitrary decisions in registering religious groups due to the vague provisions of the draft law. I encourage President Akaev to support a law with strong protections for religious freedom. Implementing the modification suggested by the OSCE Advisory Panel of Experts on Religious Freedom would ensure that the draft religion law meets Kyrgyzstan's OSCE commitments.   Mr. Speaker, this morning I had a meeting with Ambassador Meret Orazov of Turkmenistan and personally raised a number of specific human rights cases. Turkmenistan, the most repressive state in the OSCE space, resembles North Korea: while the people go hungry, megalomaniac President Saparmurat Niyazov builds himself palaces and monuments, and is the object of a Stalin-style cult of personality. No opposition of any kind is allowed, and anyone who dares to express a view counter to Niyazov is arrested. Turkmenistan is the only country in the OSCE region where places of worship have been destroyed on government orders; in November 1999 the authorities bulldozed a Seventh-Day Adventist Church. Since then, Niyazov has implemented his plans to provide a virtual bible for his benighted countrymen; apparently, he intends to become their spiritual as well as secular guide and president for life.   Turkmenistan has the worst record on religious freedom in the entire 55-nation OSCE. The systematic abuses that occur almost weekly are an abomination to the internationally recognized values which undergird the OSCE. Recent actions by Turkmen security agents against religious groups, including harassment, torture and detention, represent a catastrophic failure by Turkmenistan to uphold its human rights commitments as a participating OSCE State. In addition, last January, Mukhamed Aimuradov, who has been in prison since 1995, and Baptist pastor Shageldy Atakov, imprisoned since 1999, were not included in an amnesty which freed many prisoners. I hope that the Government of Turkmenistan will immediately and unconditionally release them, as well as all other prisoners of conscience.   Rounding out the Central Asian countries, Tajikistan also presents human rights concerns. A report has recently emerged concerning the government's religious affairs agency in the southern Khatlon region, which borders Afghanistan. According to reliable sources, a memorandum from the religious affairs agency expressed concern about “increased activity” by Christian churches in the region, calling for them to be placed under “the most stringent control.” Tajik Christians fear that this statement of intolerance could be a precursor to persecution. Keston News Service reported that law enforcement officials have already begun visiting registered churches and are trying to find formal grounds to close them down. Additionally, city authorities in the capital Dushanbe have cracked down on unregistered mosques.   Mr. Speaker, as the world focuses on Central Asia states with unprecedented energy, I wanted to bring these serious deficiencies in their commitment to human rights and democracy to the attention of my colleagues. All these countries joined the Organization for Security and Cooperation in Europe soon after their independence from the Soviet Union a decade ago. By becoming OSCE participating States, they agreed without reservation to comply with the Helsinki Final Act and all subsequent agreements. These documents cover a wide range of human dimension issues, including clear language on the human right of religious freedom and the right of the individual to profess and practice religion or belief. Unfortunately, as I have highlighted, these countries are failing in their commitment to promote and support human rights, and overall trends in the region are very disturbing.   The goals of fighting terrorism and steadfastly supporting human rights are not dichotomous. It is my hope that the U.S. Government will make issues of human rights and religious freedom paramount in bilateral discussions and public statements concerning the ongoing efforts against terrorism. In this context, the considerable body of OSCE commitments on democracy, human rights and the rule of law should serve as our common standard for our relations with these countries.

  • Criminal Defamation and “Insult” Laws: A Summary of Free Speech Developments in Slovakia

    Numerous international documents, including those adopted by the Organization for Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. The right to free speech, however, is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments restrict speech, however, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law. Criminal defamation and “insult” laws are often defended as necessary to prevent alleged abuses of freedom of expression. They are not, however, consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech. Criminal Defamation Laws All individuals, including public officials, have a legitimate right to protect their reputations if untruthful statements have been made about them. Untrue statements which damage a person’s reputation constitute defamation. Oral defamation is known as slander; defamation in writing or other permanent forms such as film is libel. In some instances, criminal codes make defamation of public officials, the nation, or government organs a discreet offense, as distinct from defamation of a person. Truthful statements – as well as unverifiable statements of opinion – are not legally actionable as defamation. Indeed, the European Court of Human Rights has held that public officials must tolerate a greater degree of criticism than private individuals: “The limits of acceptable criticism are accordingly wider as regards a politician as such than as regards a private individual. Unlike the latter, the former inevitably and knowingly lays himself open to close scrutiny of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance.” (Lingens v. Austria, Eur. Ct. H.R., 1986.) Criminal defamation laws are those which establish criminal sanctions for defamation. Those sanctions may include imprisonment, fines, and prohibitions on writing. Individuals convicted of defamation in a criminal proceeding and sentenced to suspended prison terms may be subjected to the threat of immediate imprisonment if, for example, they violate an order not to publish. The existence of a criminal record may also have other social and legal consequences. In a criminal defamation case, state law enforcement agents (police and prosecutors) act, using taxpayer money, to investigate the alleged defamation and to act on behalf of the alleged victim. It is sometimes argued that criminal defamation laws are necessary to achieve the legitimate goal of providing the victims of defamation with redress. But general laws against libel and slander, embodied in civil codes, provide private persons as well as public officials the opportunity to seek redress, including damages, for alleged defamation. In such cases, the plaintiff and defendant stand in court as equals. Accordingly, specific criminal laws prohibiting defamation are unnecessary. “Insult” Laws "Insult" laws make offending the "honor and dignity" of public officials (e.g., the President), government offices (e.g., the Constitutional Court), national institutions, and/or the “state” itself punishable. Unlike defamation laws, truth is not a defense to a charge of insult. Accordingly, insult laws are often used to punish the utterance of truthful statements, as well as opinions, satire, invective, and even humor. Although insult laws and criminal defamation laws both punish speech, significant differences exist between them. Defamation laws are intended to provide a remedy against false assertions of fact. Truthful statements, as well as opinion, are not actionable. The use of civil laws to punish defamation is permissible under international free speech norms. The use of criminal sanctions to punish defamation, however, chills free speech, is subject to abuse (through the use of state law enforcement agents), and is inconsistent with international norms. In contrast, recourse to any insult law, whether embodied in a civil or a criminal code, is inconsistent with international norms. Their Use Today At one time, almost all OSCE countries had criminal defamation and insult laws. Over time, these laws have been repealed, invalidated by courts, or fallen into disuse in many OSCE participating States. Unfortunately, many criminal codes contained multiple articles punishing defamation and insult. Thus, even when parliaments and courts have acted, they have sometimes failed to remove all legal prohibitions against insult or all criminal sanctions for defamation. In communist countries and other anti-democratic regimes, such laws are often used to target political opponents of the government. Today, when insult and criminal defamation laws are used, they are most often used to punish mere criticism of government policies or public officials, to stifle political discussion, and to squelch news and discussion that governments would rather avoid. It is relatively rare for a private individual (someone who is not a public official, elected representative, or person of means and influence) to persuade law enforcement representatives to use the tax dollars of the public to protect their reputations. In some OSCE countries, such laws are still used to systematically punish political opponents of the regime. Even in countries where these laws have fallen into a long period of disuse, it is not unheard of for an overzealous prosecutor to revive them for seemingly political purposes. The International Context Numerous non-governmental organizations have taken strong positions against criminal defamation and insult laws. These include Amnesty International; Article 19; the Committee to Protect Journalists; national Helsinki Committees such as the Bulgarian Helsinki Committee, Croatian Helsinki Committee, Greek Helsinki Committee; Romanian Helsinki Committee; and Slovak Helsinki Committee; the International Helsinki Federation; The World Press Freedom Committee; Norwegian Forum for Freedom of Expression; national chapters of PEN; and Reporters Sans Frontières. Moreover, the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media, and the Organization of American States Special Rapporteur on Freedom of Expression issued a joint statement in February 2000 which included the following conclusions, based on relevant international norms: “Expression should not be criminalized unless it poses a clear risk of serious harm. [. . . ] Examples of this are laws prohibiting the publication of false news and sedition laws. . . . These laws should be repealed.” “Criminal defamation laws should be abolished.” “Civil defamation laws should respect the following principles: public bodies should not be able to bring defamation actions; truth should always be available as a defense; politicians and public officials should have to tolerate a greater degree of criticism. . . .” Finally, the United States Department of State regularly reports on cases where criminal defamation or insult laws have been used in its annual Country Reports on Human Rights Practices and, at OSCE meetings, has frequently called for the repeal of such laws in recent years. Illustrative Slovak Cases Since the establishment of an independent Slovak state on January 1, 1993, there have been a steady trickle of people who have been charged with “insulting” or defaming public officials. At present, for example, journalist Ales Kratky is facing charges of criminal defamation in connection with his May 2001 criticism of a speech delivered by President Rudolf Schuster. If found guilty, Kratky faces a possible two-year prison term. In March 2000, journalist Vladimir Mohorita was sentenced to four months in prison for criticizing the government’s decision to allow NATO aircraft to use Slovak airspace during the Kosovo crisis. In a substantially larger number of instances, individuals (most often journalists and politicians) have been threatened with charges of defamation or insult. Indeed, it is a time-honored tradition in Slovakia to accuse one’s political enemies of defamation. In addition to free speech concerns presented by recourse to criminal defamation and insult laws, developments in Slovakia have raised other free speech concerns. For example, the charge of defamation of race, creed or nationality has become increasingly popular in recent years. Deputy Jan Slota, widely known for his inflammatory anti-Hungarian and anti-Roma rhetoric, survived an effort to strip him of his parliamentary immunity in 1999 as a prelude to charging him with defamation of race, creed or nationality. More recently, Romani activist Alexander Patkolo has been threatened with the charge of spreading alarming information and human rights lawyer Columbus Igboanusi has been threatened with charges of spreading alarming information and defaming the Republic of Slovakia. Sources include: Amnesty International (AI); Article XIX; the Committee to Protect Journalists; East European Constitutional Review; “Freedom in the World” reports (published by Freedom House); Index on Censorship; Radio Free Europe/Radio Liberty; U.S. State Department annual Country Reports on Human Rights; the World Press Freedom Committee. Relevant Slovak Laws News reports about persons charged with criminal defamation or “insulting” public officials, government offices or national institutions often do not cite the specific legal basis for the charges. In Slovakia, the laws which appear to give rise to such charges include the following: Article 49 (1) (a) of the Simple Offenses Act provides that anyone who offends another person by insulting him or exposing him to ridicule may be punished by a fine. Article 102 of the Penal Code prohibits defamation of the Republic, National Council of the Slovak Republic, Government or the Constitutional Court of the Slovak Republic, punishable by up to two years in prison. Article 103 of the Penal Code prohibits defamation of the President of the Republic for the execution of his powers or for his activities in the political life, punishable by up to two years in prison. Article 154(2) of the Penal Code prohibits gross insults or defamation of an organ of state administration in the exercise of its function or in connection with its function, punishable by up to one year in prison. Article 206 of the Penal Code prohibits the dissemination of false and discrediting information about another person, punishable by up to two years in prison. If the defamation occurs in the broadcast or print media, the punishment may increase to five years. In addition, someone convicted under this article may be banned from working as a journalist.

  • Helsinki Commission Examines U.S. Policy toward the OSCE

    By Erika B. Schlager, CSCE Counsel for International Law On October 3, the Helsinki Commission held a hearing on "U.S. Policy toward the OSCE." Originally scheduled for September 12, the hearing was postponed after the September 11 terrorist attacks. This hearing was convened to examine U.S. priorities and human rights concerns in the OSCE region; how the OSCE can serve to advance those goals and address human rights violations; the pros and cons of the institutionalization and bureaucratization of the OSCE and field activities; and the openness and transparency of the Helsinki process. Helsinki Commission Chairman Senator Ben Nighthorse Campbell (R-CO), Commissioners Rep. Benjamin L. Cardin (D-MD), and Rep. Robert B. Aderholt (R-AL) heard from four witnesses: A. Elizabeth Jones, Assistant Secretary of State for European Affairs; Lorne W. Craner, Assistant Secretary of State for Democracy, Human Rights, and Labor (who has since been formally appointed by the President as one of the three executive-branch Commissioners); Ambassador Robert Barry, former Head of OSCE Mission to Bosnia-Herzegovina; and P. Terrence Hopmann, professor of political science at Brown University and research director of the Program on Global Security at the Thomas J. Watson Jr. Institute for International Studies. Catherine Fitzpatrick, Executive Director of the International League for Human Rights, had agreed to participate in the hearing as originally scheduled for September 12, but was unable to attend on October 3. In her prepared statement, Assistant Secretary Jones described the OSCE as an important tool for advancing U.S. national interests “by promoting democracy, respect for human rights and fundamental freedoms, arms control and confidence building measures, economic progress, and responsible or sustainable environmental policies.” While portraying the OSCE as “the primary instrument for early warning, conflict prevention, crisis management, and post-conflict rehabilitation in [the] region,” she also argued that “it is not the forum for discussion or decision regarding all security issues” – a role implicitly reserved for NATO. Jones alluded to a possible role for the OSCE in combating terrorism, an issue that will be taken up at the OSCE Ministerial, scheduled for December 3 and 4 in Bucharest. In this connection, Chairman Campbell urged the State Department to pursue an OSCE meeting of Ministers of Justice and Interior as a step toward promoting practical cooperation in fighting corruption and organized crimes, major sources of financing for terrorist groups. Assistant Secretary Craner tackled an issue of key concern to human rights groups: would the war against terrorism erode efforts to promote democracy and human rights, particularly with respect to Central Asian countries that are now key U.S. allies in that war? Craner observed that “[s]ome people have expressed concern that, as a result of the September 11 attack on America, the Administration will abandon human rights. I welcome this hearing today to say boldly and firmly that this is not the case. Human rights and democracy are central to this Administration’s efforts, and are even more essential today than they were before September 11th. They remain in our national interest in promoting a stable and democratic world. We cannot win a war against terrorism by stopping our work on the universal observance of human rights. To do so would be merely to set the stage for a resurgence of terrorism in another generation.” The testimony of the two expert witnesses, Professor Hopmann and Ambassador Barry, examined the operational side of the OSCE, with particular focus on the field work of the institution. Hopmann, one of a small number of analysts in the United States who has written in depth about the work of the OSCE and who served as a public member on the U.S. Delegation to the OSCE Review Conference in Istanbul in 1999, offered several specific recommendations: 1) enhance the professional qualifications and training of its mission and support staff; 2) strengthen its capacity to mediate serious conflicts that appear to be on the brink of violence or that have become frozen in the aftermath of violence, including making better use of ‘eminent persons’ to assist these efforts; and 3) attract more active support from its major participating States, especially from the United States, to strengthen the OSCE's capacity to intervene early in potentially violent conflicts when diplomacy still has a chance to win out over force. Ambassador Barry drew on his experience as head of one of the OSCE’s largest missions to address the complex issue of the OSCE’s relations with other international organizations. Barry asserted that OSCE has, at times, “bitten off more than it can chew” and the United States needs to exercise discretion in assigning tasks to the OSCE. When asked specifically to describe the relationship between the OSCE and the Council of Europe, he characterized it as “permanent struggle.” He suggested that the two organizations should not compete with other, but play to their relative strengths: the OSCE, for example, should be dominant in field missions, while the Council of Europe should be given the lead in providing expert advice on legislative drafting. One area where the OSCE is underutilized is in the area of policing – the focus of a Commission hearing held on September 5, 2001. Barry remarked, “Last month several witnesses testified before the Commission concerning the OSCE role in police training and executive policing. With its requirement of universality, the [United Nations] must call upon police who are unable or unwilling to deal with terrorism or human rights violations at home. We cannot expect them to be much help, for example, in dealing with mujahedin fighters in Bosnia or Macedonia. Therefore I believe the OSCE ought to be the instrument of choice for both police training and executive policing. In order to fill the latter role the OSCE should change its policy on arming executive police. Unarmed international police have no leverage in societies where every taxi driver packs a gun.” Barry also argued that the United States needs to involve the Russian Federation more closely with OSCE. “Too often in the past,” he said, “we have marginalized Russia by making decisions in NATO and then asking OSCE to implement the decisions. Macedonia is only the most recent example.” Many of the questions raised by Commissioners focused on institutional issues such as the transparency of the weekly Permanent Council meetings in Vienna, the respective roles of the Chair-in-Office and Secretary General and pressure to enlarge the OSCE’s bureaucracy by establishing new high-level positions to address whatever is, at the moment, topical. State Department witnesses were asked several questions relating to specific countries where human rights issues are of particular concern, including Turkmenistan, a country whose human rights performance is so poor that some have suggested it should be suspended from the OSCE, and Azerbaijan, a country engaged in a significant crackdown against the media. Assistant Secretary Jones argued that, when faced with an absence of political will to implement OSCE human dimension commitments, it is necessary to “persevere” and to hold OSCE participating States accountable for their actions. Noting that the death penalty is the human rights issue most frequently raised with the United States, Commissioner Cardin asked Assistant Secretary Craner how the United States responds to this criticism and whether the use of capital punishment in the United States impacts our effectiveness. Craner noted that the death penalty in the United States is supported by the majority of Americans, in a democratic system, and that the quality of the U.S. judicial system ensures its fairness. He also argued that it does not affect the credibility of the United States on human rights issues. Professor Hopmann, however, disagreed with this assertion. Based on extensive contacts with European delegates to the OSCE in Vienna, Hopmann observed that Europeans find it difficult to reconcile the U.S. advocacy on human rights issues with a practice Europeans view as a human rights violation. Chairman Campbell recommended that similar hearings be convened on a periodic basis to update Congress and the American people on the ongoing work of the OSCE and how it advances U.S. interests across the spectrum of the security, economic, and human dimensions.

  • Roadblock to Religious Liberty: Religious Registration

    The United States Helsinki Commission conducted a public briefing to explore the issue of religious registration, one of many roadblocks to religious liberties around the world, focusing on religious registration among the 55 nations of the Organization for Security and Cooperation in Europe. The troubling trend followed by several OSCE participating states toward restricting the right to freedom of religion by using registration schemes, making it virtually impossible for citizens to practice their faith was addressed. Panelists at the event – including Dr. Sophie van Bijsterveld, Co-Chair of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief; Dr. Gerhard Robbers, Member of the OSCE/ODIHR Advisory Panel of Experts on Freedom of Religion or Belief; Vassilios Tsirbas, Senior Counsel for the European Centre for Law and Justice; and Col. Kenneth Baillie, Commanding Officer of the Salvation Army-Moscow – discussed the various ways governments are chipping away at religious liberty. New legislation concerning religious registration policies that could potentially stymie religious freedom within the OSCE region was also addressed.

  • Missed Opportunity in Belarus

    By Orest S. Deychakiwsky, Staff Advisor and Ron McNamara, Chief of Staff Commission staff observed the September 9 presidential election in Belarus, in which Belarusian strongman Aleksandr Lukashenka prevailed in a fundamentally unfair election marred by harassment of the opposition and independent media. Unprecedented obstacles erected by the authorities impeded normal long-term observation of the election while Lukashenka lashed out with vitriolic threats against OSCE mission head Ambassador Hans-Georg Wieck and U.S. Ambassador Mike Kozak in the closing days of the campaign. Hopes that the election would bring an end to the country’s self-imposed isolation were dashed by wide-scale rights violations by the regime in the weeks leading up to election day and serious irregularities in the balloting. The International Limited Election Observation Mission, which consisted of the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) and the Parliamentary Troika composed of the OSCE Parliamentary Assembly (OSCE/PA), the Parliamentary Assembly of the Council of Europe and the European Parliament, concluded that there were fundamental flaws in the election process and that the elections failed to meet OSCE standards for democratic elections. Commission staff participated in the OSCE/PA delegation, on election day observing the vote in Miensk and in towns and villages in the Miensk,Vitsyebsk and Mahilyow regions, including in the village in which Lukashenka was born. The problematic pre-election campaign period determined the election’s outcome. The election took place against a backdrop of recent credible revelations of involvement by close associates of Lukashenka in the disappearances and presumed murders of leading opposition members. Criteria established by the OSCE in 2000 as benchmarks for democratic elections – transparency of the elections process, access of opponents to the state-run media, and a climate free of fear – were not met. There was a profound lack of a level playing field for the candidates. The weeks leading up to the presidential contest were characterized by harassment of the opposition, raids on non-governmental organizations and independent newspapers, with the confiscation of campaign materials, newspapers, printing presses and computer equipment. The dominant state-owned media outlets were overwhelmingly biased in favor of Lukashenka. The Belarusian authorities did everything they could to thwart the opposition, including ruling by decree, failing to guarantee the independence of the election administration, and allowing abuses in “early voting.” The authorities’ treatment of the OSCE observation mission, including delays in issuing an invitation which forced the mission to limit its observation to a mere three weeks before the election and denials of visas, was described by one OSCE election official as “unprecedented” -- worse than in any other of the more than two dozen countries in which the OSCE has observed elections. The regime maintained firm control over virtually every aspect of the election process, from the makeup of the election commissions with their visible lack of representatives of the opposition, to keeping independent observers from scrutinizing the vote tabulation. One of the few positive outcomes of the Belarusian presidential race was the development of the democratic opposition and civil society, despite the intense pressures it faced from the Lukashenka regime. Regrettably, Lukashenka and his inner circle squandered the opportunity presented by the election to restore some degree of normalcy to relations between Belarus and most OSCE participating States, including the United States. Desperate for a modicum of international recognition, members of Belarus’ “National Assembly” were out in force making overtures to OSCE Parliamentary Assembly observers in hopes of ending their isolation following last year’s flawed parliamentary elections.

  • Civilian Police and Police Training in Post-Conflict OSCE Areas

    This hearing examined international efforts to deploy civilian police in post-conflict regions in Europe. The hearing also examined efforts to monitor and train local police for effectiveness in keeping with democratic standards and the rule of law. One of the more critical and difficult challenges in the transition to democracy in the OSCE region has been the process of transforming law enforcement structures. Progress in meeting this challenge has been mixed, and regrettably, in some countries those charged with upholding the law are themselves responsible for human rights violations

  • Helsinki Commissioners Play Key Role at OSCE Parliamentary Assembly

    Leaders and Members of the United States Helsinki Commission played a key role as part of the U.S. delegation to the Tenth Annual Parliamentary Assembly of the Organization for Security and Cooperation in Europe hosted by the French National Assembly July 6-10, 2001. The U.S. delegation successfully promoted measures to improve the conditions of human rights, security and economic development throughout Europe. Commission Chairman Senator Ben Nighthorse Campbell (R-CO) and Co-Chairman Rep. Christopher H. Smith (R-NJ) led eight of their Commission colleagues and five other Representatives on the delegation, the largest of any nation participating in the 2001 Assembly. The size of the 15-Member U.S. delegation was a demonstration of the continued commitment by the United States, and the U.S. Congress, to Europe. Commission Members from the Senate participating in the Assembly were Senator Kay Bailey Hutchison (R-TX) and Senator George V. Voinovich (R-OH). Commission Members from the House of Representatives included Rep. Steny H. Hoyer (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Benjamin L. Cardin (D-MD), Rep. Zach Wamp (R-TN),Rep. Louise McIntosh Slaughter (D-NY) and Rep. Alcee L. Hastings (D-FL). Other delegates from the House of Representatives were Rep. Michael McNulty (D-NY), Rep. Peter King (R-NY), Rep. Ed Bryant (R-TN), Rep. Joseph Hoeffel (D-NY) and Rep. Tom Tancredo (R-CO). The central theme of OSCE PA´s Tenth Annual Session was "European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century." This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision made earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically-elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly Raymond Forni, and the Speaker of the Senate Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Other senior OSCE officials also made presentations, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. Members of the U.S. delegation played a leading role in debate in each of the Assembly's three General Committees - Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. Resolutions sponsored by Commissioners on the U.S. delegation served as the focal point for discussion on such timely topics as "Combating Corruption and International Crime in the OSCE Region," by Chairman Campbell; "Southeastern Europe," by Senator Voinovich; "Prevention of Torture, Abuse, Extortion or Other Unlawful Acts" and "Combating Trafficking in Human Beings," by Co-Chairman Smith; "Freedom of the Media," by Mr. Hoyer; and "Developments in the North Caucasus," by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment Chairman Campbell introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Chairman Campbell sponsored a resolution calling for lawmakers to enact specific legislation designed to combat international crime and corruption. The resolution also urged the OSCE Ministerial Council, expected to meet in the Romanian capital of Bucharest this December, to consider practical means of promoting cooperation among the participating States in combating corruption and international crime. Co-Chairman Smith sponsored the two resolutions at the Parliamentary Assembly. Smith's anti-torture resolution called on participating States to exclude in courts of law or legal proceedings evidence obtained through the use of torture or other forms of cruel, inhuman or degrading treatment. Smith also worked with the French delegation to promote a measure against human trafficking in the OSCE region. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, Mr. Smith; citizenship, Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, Mrs. Slaughter. The Parliamentary Assembly adopted a resolution sponsored by Mr. Hoyer which called on all OSCE States to ensure freedom of speech and freedom of the press in their societies. Hoyer said an open, vibrant and pluralistic media is the cornerstone of democracy. He noted that free press is under attack in some OSCE countries. Senator Voinovich sponsored a comprehensive resolution promoting greater stability in Southeast Europe. Senator Voinovich's resolution pushed for a political solution to the violence and instability which has engrossed Southeastern Europe. Mrs. Slaughter successfully sought measures toward protecting religious liberties and recognizing the importance of property restitution. An amendment noted that OSCE participating States have committed to respecting fundamental religious freedoms. Another amendment recognized that attempts to secure compensation and restitution for losses perpetrated by the Nazis can only deliver a measure of justice to victims and their heirs. Mr. Cardin sponsored a resolution on the North Caucasus region of the Russian Federation which denounced the excessive force used by Russian military personnel against civilians in Chechnya. The resolution condemns all forms of terrorism committed by the Russian military and Chechen fighters. One of Cardin's amendments addressed the restitution of property seized by the Nazis and Communists during and after World War II. Mr. Hastings was elected to a three-year term as one of nine Vice Presidents of the Parliamentary Assembly. Mr. Hastings most recently served as Chairman of the Assembly's General Committee on Political Affairs and Security. U.S. participants also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. The Paris Declaration of the OSCE Parliamentary Assembly is available on the Internet at http://www.osce.org/pa. While in Paris, members of the delegation held a series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members also met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. During a meeting with Romanian Foreign Minister Mircea Geoana, Members discussed the United States' proposal of a strategic defense initiative, policing in the former Yugoslavia, and international adoption policy. Members also attended a briefing by legal experts on developments affecting religious liberties in Europe. A session with representatives of American businesses operating in France and elsewhere in Europe gave members insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Rep. Alcee Hastings (USA), Kimmo Kiljunen (Finland), and Ahmet Tan (Turkey). The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany. En route to Paris, the delegation traveled to Normandy for a briefing by United States Air Force General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe. General Ralston briefed the delegation on security developments in Europe, including developments in Macedonia, Kosovo and Bosnia-Herzegovina, as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American service men and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2nd Ranger Battalion. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commissioners Play Key Role in United States Delegation to the OSCE Parliamentary Assembly

    Leaders and Members of the United States Helsinki Commission played a key role as part of the U.S. delegation to the Tenth Annual Parliamentary Assembly of the Organization for Security and Cooperation in Europe hosted by the French National Assembly July 6-10, 2001. The U.S. delegation successfully promoted measures to improve the conditions of human rights, security and economic development throughout Europe. Commission Chairman Senator Ben Nighthorse Campbell (R-CO) and Co-Chairman Rep. Christopher H. Smith (R-NJ) led eight of their Commission colleagues and five other Representatives on the delegation, the largest of any nation participating in the 2001 Assembly. The size of the 15-Member U.S. delegation was a demonstration of the continued commitment by the United States, and the U.S. Congress, to Europe. Commission Members from the Senate participating in the Assembly were Senator Kay Bailey Hutchison (R-TX) and Senator George V. Voinovich (R-OH). Commission Members from the House of Representatives included Rep. Steny H. Hoyer (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Benjamin L. Cardin (D-MD), Rep. Zach Wamp (R-TN),Rep. Louise McIntosh Slaughter (D-NY) and Rep. Alcee L. Hastings (D-FL). Other delegates from the House of Representatives were Rep. Michael McNulty (D-NY), Rep. Peter King (R-NY), Rep. Ed Bryant (R-TN), Rep. Joseph Hoeffel (D-NY) and Rep. Tom Tancredo (R-CO). The central theme of OSCE PA´s Tenth Annual Session was "European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century." This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision made earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically-elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly Raymond Forni, and the Speaker of the Senate Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Other senior OSCE officials also made presentations, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. Members of the U.S. delegation played a leading role in debate in each of the Assembly's three General Committees - Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. Resolutions sponsored by Commissioners on the U.S. delegation served as the focal point for discussion on such timely topics as "Combating Corruption and International Crime in the OSCE Region," by Chairman Campbell; "Southeastern Europe," by Senator Voinovich; "Prevention of Torture, Abuse, Extortion or Other Unlawful Acts" and "Combating Trafficking in Human Beings," by Co-Chairman Smith; "Freedom of the Media," by Mr. Hoyer; and "Developments in the North Caucasus," by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment Chairman Campbell introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Chairman Campbell sponsored a resolution calling for lawmakers to enact specific legislation designed to combat international crime and corruption. The resolution also urged the OSCE Ministerial Council, expected to meet in the Romanian capital of Bucharest this December, to consider practical means of promoting cooperation among the participating States in combating corruption and international crime. Co-Chairman Smith sponsored the two resolutions at the Parliamentary Assembly. Smith's anti-torture resolution called on participating States to exclude in courts of law or legal proceedings evidence obtained through the use of torture or other forms of cruel, inhuman or degrading treatment. Smith also worked with the French delegation to promote a measure against human trafficking in the OSCE region. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, Mr. Smith; citizenship, Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, Mrs. Slaughter. The Parliamentary Assembly adopted a resolution sponsored by Mr. Hoyer which called on all OSCE States to ensure freedom of speech and freedom of the press in their societies. Hoyer said an open, vibrant and pluralistic media is the cornerstone of democracy. He noted that free press is under attack in some OSCE countries. Senator Voinovich sponsored a comprehensive resolution promoting greater stability in Southeast Europe. Senator Voinovich's resolution pushed for a political solution to the violence and instability which has engrossed Southeastern Europe. Mrs. Slaughter successfully sought measures toward protecting religious liberties and recognizing the importance of property restitution. An amendment noted that OSCE participating States have committed to respecting fundamental religious freedoms. Another amendment recognized that attempts to secure compensation and restitution for losses perpetrated by the Nazis can only deliver a measure of justice to victims and their heirs. Mr. Cardin sponsored a resolution on the North Caucasus region of the Russian Federation which denounced the excessive force used by Russian military personnel against civilians in Chechnya. The resolution condemns all forms of terrorism committed by the Russian military and Chechen fighters. One of Cardin's amendments addressed the restitution of property seized by the Nazis and Communists during and after World War II. Mr. Hastings was elected to a three-year term as one of nine Vice Presidents of the Parliamentary Assembly. Mr. Hastings most recently served as Chairman of the Assembly's General Committee on Political Affairs and Security. U.S. participants also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. While in Paris, members of the delegation held a series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members also met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. During a meeting with Romanian Foreign Minister Mircea Geoana, Members discussed the United States' proposal of a strategic defense initiative, policing in the former Yugoslavia, and international adoption policy. Members also attended a briefing by legal experts on developments affecting religious liberties in Europe. A session with representatives of American businesses operating in France and elsewhere in Europe gave members insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Rep. Alcee Hastings (USA), Kimmo Kiljunen (Finland), and Ahmet Tan (Turkey). The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany. En route to Paris, the delegation traveled to Normandy for a briefing by United States Air Force General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe. General Ralston briefed the delegation on security developments in Europe, including developments in Macedonia, Kosovo and Bosnia-Herzegovina, as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American service men and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2nd Ranger Battalion.

  • Torture and Police Abuse in the OSCE Region

    Mr. Speaker, over the July Fourth recess, I had the privilege of participating in the U.S. Delegation to the OSCE Parliamentary Assembly's annual meeting held in Paris, where I introduced a resolution on the need for the OSCE participating States--all of our States--to intensify our efforts to combat torture , police abuse, and racial profiling. This resolution, adopted and included the Assembly's final Declaration, also calls for greater protection for non-governmental organizations, medical personnel, and others who treat the victims of torture and report on their human rights violations. The resolution also condemns the insidious practice of racial profiling, which has the effect of leaving minorities more vulnerable to police abuse. Finally, my resolution calls for the OSCE participating States to adopt, in law and in practice, a complete ban on incommunicado detention. Tragically, recent news reports only underscore how urgent the problem of police abuse is. I would like to survey a few of the reports received by the Helsinki Commission in recent weeks. First, on July 7 in Slovakia, the body of Karol Sendrei, a 51-year-old Romani father, was returned to his family. The convoluted account of his death has included mutual recriminations among police officers and, so far, has led to the resignation of the mayor of Magnezitovce and indictments against three police officers. While much remains to be sorted out, this much is clear: On July 5, Mr. Sendrei was taken into police custody. The next day, he died of injuries, including shock caused by a torn liver, cranial and pericardial bleeding, and broken jaw, sternum, and ribs. According to reports, Mr. Sendrei had been chained to a radiator and beaten over for the last twelve hours of his life. The deaths in police custody of Lubomir Sarissky in 1999 and now Mr. Sendrei, persistent reports of police abuse in villages like Hermanovce, and the reluctance of the police and judicial system to respond seriously to racially motivated crimes have all eroded trust in law enforcement in Slovakia. As Americans know from first-hand experience, when the public loses that trust, society as a whole pays dearly. I welcome the concern for the Sendrei case reflected in the statements of Prime Minister Dzurinda, whom I had the chance to meet at the end of May, and others in his cabinet. But statements alone will not restore confidence in the police among Slovakia's Romani community. Those who are responsible for this death must be held fully accountable before the law. Although it has received far less press attention, in Hungary, a Romani man was also shot and killed on June 30 by an off-duty police officer in Budapest; one other person was injured in that shooting. While the police officer in that case has been arrested, too often reports of police misconduct in Hungary are ignored or have been countered with a slap on the wrist. I remain particularly alarmed by the persistent reports of police brutality in Hajduhadhaz and police reprisals against those who have reported their abuse to the Helsinki Commission. In one case, a teenager in Hajduhadhaz who had reported being abused by the police was detained by the police again--after his case had been brought to the attention of the Helsinki Commission, and after Helsinki Commission staff had raised it with the Hungarian Ambassador. In an apparent attempt to intimidate this boy, the police claimed to have a “John Doe'' criminal indictment for “unknown persons'' for damaging the reputation of Hungary abroad. These are outrageous tactics from the communist-era that should be ended. I urge Hungarian Government officials to look more closely at this problem and take greater efforts to combat police abuse. I understand an investigation has begun into possible torture by a riverbank patrol in Tiszabura, following reports that police in that unit had forced a 14-year-old Romani boy into the ice-cold waters of the Tisza River. There are now reports that this unit may have victimized other people as well. I am hopeful this investigation will be transparent and credible and that those who have committed abuses will be held fully accountable. In the Czech Republic, lack of confidence in law enforcement agents has recently led some Roma to seek to form their own self-defense units. Frankly, this is not surprising. Roma in the Czech Republic continue to be the target of violent, racially motived crime: On April 25, a group of Roma was attacked by German and Czech skinheads in Novy Bor. On June 30, 4 skinheads attacked a group of Roma in Ostrava; one of the victims of that attack was repeatedly stabbed, leaving his life in jeopardy. On July 16, three men shouting Nazi slogans attacked a Romani family in their home in western Bohemia. On July 21, a Romani man was murdered in Svitavy by a man who had previously committed attacks against Roma, only to face a slap on the wrist in the courts. These cases follow a decade in which racially motivated attacks against Roma in the Czech Republic have largely been tolerated by the police. Indeed, in the case of the murder of Milan Lacko, a police officer was involved. More to the point, he ran over Milan Lacko's body with his police car, after skinheads beat him and left him in the road. I am not, however, without hope for the Czech Republic. Jan Jarab, the Czech Government's Human Rights Commissioner, has spoken openly and courageously of the human rights problems in his country. For example, the Czech News Agency recently reported that Jarob had said that “the Czech legal system deals `benevolently' with attacks committed by right-wing extremists, `[f]rom police investigators, who do not want to investigate such cases as racial crimes, to state attorneys and judges, who pass the lowest possible sentences.'”  I hope Czech political leaders--from every party and every walk of life--will support Jan Jarab's efforts to address the problems he so rightly identified. Clearly, problems of police abuse rarely if ever go away on their own. On the contrary, I believe that, unattended, those who engage in abusive practices only become more brazen and shameless. When two police officers in Romania were accused of beating to death a suspect in Cugir in early July, was it really a shock?  In that case, the two officers had a history of using violent methods to interrogate detainees--but there appears to have been no real effort to hold them accountable for their atrocities. I am especially concerned by reports from Amnesty International that children are among the possible victims of police abuse and torture in Romania. On March 14, 14-year-old Vasile Danut was detained by police in Vladesti and beaten severely by police. On April 5, 15-year-old loana Silaghi was reportedly attacked by a police officer in Oradea. Witnesses in the case have reportedly also been intimidated by the police. In both cases, the injuries of the children were documented by medical authorities. I urge the Romanian authorities to conduct impartial investigations into each of these cases and to hold fully accountable those who may be found guilty of violating the law. Mr. Speaker, as is well-known to many Members, torture and police abuse is a particularly widespread problem in the Republic of Turkey. I have been encouraged by the willingness of some public leaders, such as parliamentarian Emre Kocaoglu, to acknowledge the breadth and depth of the problem. Acknowledging the existence of torture must surely be part of any effort to eradicate this abuse in Turkey. I was therefore deeply disappointed by reports that 18 women, who at a conference last year publicly described the rape and other forms of torture meted out by police, are now facing charges Finally, Mr. Speaker, I would like to draw attention to the case of Abner Louima in New York, whose case has come to light again in recent weeks. In 1997, Abner Louima was brutally and horrifically tortured by police officials; he will suffer permanent injuries for the rest of his life because of the damage inflicted in a single evening. Eventually, New York City police officer Justin Volpe pleaded guilty of the crimes. Another officer was also found guilty of participating in the assault and four other officers were convicted of lying to authorities about what happened. On July 12, Abner Louima settled the civil suit he had brought against New York City and its police union. There has been no shortage of ink to describe the $7.125 million that New York City will pay to Mr. Louima and the unprecedented settlement by the police union, which agreed to pay an additional $1.625 million. What is perhaps most remarkable in this case is that Mr. Louima had reached agreement on the financial terms of this settlement months ago. He spent the last 8 months of his settlement negotiations seeking changes in the procedures followed when allegations of police abuse are made. As the Louima case illustrated, there is no OSCE participating State, even one with long democratic traditions and many safeguards in place, that is completely free from police abuse. Of course, I certainly don't want to leave the impression that the problems of all OSCE countries are more or less alike--they are not. The magnitude of the use of torture in Turkey and the use of torture as a means of political repression in Uzbekistan unfortunately distinguish those countries from others. But every OSCE participating State has an obligation to prevent and punish torture and other forms of police abuse and I believe every OSCE country should do more.

  • U.S. Aid to Ukraine

    Mr. Chairman, I rise in strong support of the Kaptur amendment which would create a floor rather than a ceiling for the level of funding to the U.S. assistance to Ukraine. The level of funding provided for assistance to Ukraine, as has been pointed out, $125 million, is not insignificant. However, it does represent a precipitous $44 million reduction from last year, the 2001 level of $169 million. I share the concerns about some of the recent developments in the Ukraine which are raised in the report language, including the unresolved deaths of Ukrainian journalists. In fact, I was the first Member to express concerns about murdered journalist Georgiy Gongadze following his disappearance last September. In May, the Helsinki Commission, which I co-chair, held a hearing devoted exclusively to the situation in Ukraine. Clearly the downward trends and negative developments in Ukraine were enumerated, and the leadership of Ukraine was strongly encouraged to demonstrate in word, and as the chairman pointed out, in deed as well, greater respect for human rights and the rule of law. Mr. Chairman, 2 weeks ago I co-chaired the U.S. delegation to the OSCE Parliamentary Assembly in Paris. One of the most moving and most powerful moments of that entire meeting was Mrs. Gongadze's acceptance of the OSCE Prize for Journalism and Democracy on behalf of her murdered husband. And as the gentlewoman pointed out, she has called on this body not to cut this funding. While we were troubled by the developments in the Ukraine, including the situation of the media and the April ouster of Ukraine's reformist Prime Minister, we cannot deny the positive developments either. These include for the first time in over a decade strong economic growth, continued good relations with her neighbors, and a cooperative partnership with the West, especially the United States. Now is not the time to cut assistance. Ukraine still has tremendous needs. For example, the Chernobyl power plant was shut down last December, but the consequences of that nuclear disaster still leaves an indelible mark on the Ukrainian nation. They need continued assistance in overcoming this devastating legacy, especially its toll in cancer and other serious illnesses. Ukraine's weak medical infrastructure still faces considerable challenges, such as the growing AIDS problem. As the gentlewoman from Ohio (Ms. Kaptur) pointed out, very little of our assistance benefits directly the Ukrainian government. Instead, it goes to programs that help NGOs and the independent media or municipal and small business development. With the parliamentary elections approaching next March, NGOs, political parties and reform-oriented local governments working to strengthen democracy in Ukraine need our support, as does the independent media. Finally, Mr. Chairman, in his address at Warsaw University during his visit to Poland last month, President Bush stated, “The Europe we are building must include Ukraine, a nation struggling with the trauma of transition. Some in Kyiv speak of their country's European destiny. If this is their aspiration, we should reward it.'' Mr. Chairman, I hope the gentlewoman's amendment is adopted as this work-in-progress makes its way through the House and conference.

  • "Disappeared" Belarusian Opposition Leaders

    Mr. President, earlier today, I had the opportunity to meet with the wives of four Belarusian opposition leaders who have either disappeared, been imprisoned, or have died under mysterious circumstances. Theirs is a compelling story which starkly illustrates the human toll of Alexander Lukashenka's regime in which human rights, democracy and the rule of law are violated with impunity.   These courageous women--Ludmilla Karpenko, Irina Krasovska, Tatiana Klimova and Svetlana Zavadska--conveyed their concerns about their husbands as well as about the continuing climate of fear in Belarus.   Earlier this month, I led a delegation to the OSCE Parliamentary Assembly Annual Session, where I met with Anatoly Lebedko, one of the leaders of the Belarusian democratic opposition.   Belarusian presidential elections are quickly coming up--on September 9. Unfortunately, the Belarusian authorities have not yet made a serious commitment to abide by criteria set forth well over a year ago by the Organization for Security and Cooperation in Europe, OSCE, of which Belarus is a member. These criteria include an end of the climate of fear, equal access to the state media for all candidates, respect for freedom of assembly, as well as transparency and fairness in the registration of candidates and functioning of electoral commissions.   The Helsinki Commission, which I chair, continues to receive troubling reports concerning developments in Belarus. Indeed, the prospects for free and fair presidential elections this fall remain dim. The unbalanced composition of the regional electoral commissions is particularly disturbing given the apparent rejection by the authorities of all candidates--over 800--proposed by Belarusian democratic parties and non-governmental organizations. The Belarusian authorities need to guarantee the impartiality of the electoral commissions by ensuring that democratic parties and non-governmental organizations, NGOs, are represented meaningfully and to correct other reported violations of the electoral code.   The State Department has urged the Belarusian authorities to mount a credible investigation to account for missing former Minister of Internal Affairs Yury Zakharenka, 13th Supreme Soviet Deputy Chairman Viktor Gonchar and his associate Anatoly Krasovsky, as well as Russian Television cameraman Dmitry Zavadsky. They have urged the immediate release of political prisoners and 13th Supreme Soviet members Andrei Klimov and Valery Shchukin. Such an investigation, as well as the release of political prisoners, will be an essential factor in reducing the current climate of fear.   Finally, the Belarusian authorities need to work with the OSCE to facilitate the work of international and domestic observers and to help ensure that all candidates are able to organize freely, without harassment, and carry their campaigns to the people.   While it is not yet too late for the Belarusian authorities to take the steps necessary to ensure an atmosphere conducive to elections that will meet international democratic standards, time is of the essence. Free and fair presidential elections are an essential step if Belarus is to move ahead and end its self-imposed isolation. As President Bush has remarked in connection with this week's observance of Captive Nations Week, America must remain vigilant in our support of those living under authoritarianism. The people of Belarus have that support as they seek to overcome the legacy of the past and build an independent nation based on democracy, human rights and the rule of law.

  • Twenty-Five Years of the Helsinki Commission

    Mr. Speaker, twenty-five years ago this month, on June 3, 1976, a law was enacted creating the Commission on Security and Cooperation in Europe. We know it as “the Helsinki Commission.” One of the smallest and most unique bodies in the U.S. Government, it perhaps ranks among the most effective for its size. I have been proud to be a member of the Commission for the past 16 years. When President Gerald Ford signed, in Helsinki in 1975, the Final Act of the Conference on Security and Cooperation in Europe, he said that “history will judge this Conference not by what we say here today, but by what we do tomorrow--not only by the promises we make, but by the promises we keep.” That piece of rhetoric has not only been repeated in various forms by every United States President since; it has continually served as a basis for U.S. policy toward Europe. Credit for this fact, and for the Commission's establishment, first goes to our late colleague here in the House, Millicent Fenwick, and the late-Senator Clifford Case, both of New Jersey. Observing the foundation of human rights groups in the Soviet Union and Eastern Europe to monitor and, it was hoped, to encourage their governments to keep the promises made in Helsinki, she and other Members of Congress felt it would be good to give them some signs of support.   Keep in mind, Mr. Speaker, that this was in the midst of detente with Moscow, a polite dance of otherwise antagonistic great powers. It was a time when the nuclear warhead was thought to be more powerful than the human spirit, and the pursuit of human rights in the communist world was not considered sufficiently realistic, except perhaps as a propaganda tool with which to woo a divided European continent and polarized world. The philosophy of the Commission was otherwise. Respect for human rights and fundamental freedoms is, as the Helsinki Final Act indicates, a prerequisite for true peace and true security. As such, it is also a principle guiding relations between states, a legitimate matter for discussion among them. This philosophy, broadened today to include democratic norms such as free and fair elections and respect for the rule of law, remains the basis for the Commission's work.   Of course, the Commission was not meant to be a place for mere debate on approaches to foreign policy; it had actually to insert itself into the policy-making process. The Commission Chairman for the first decade, the late Dante Fascell of Florida, fought hard to do just that. It was, I would say, a bipartisan fight, with several different Congresses taking on several different Administrations. Moreover, it was not just a fight for influence in policy-making; it was a much tougher fight for better policies. The Commission staff, led during those early years by R. Spencer Oliver, was superb in this respect. It knew the Soviet Union and Eastern Europe. It worked with non-governmental organizations to increase public diplomacy and, subsequently, public support for In 15 years at the East-West divide, the Commission also championed policies, like the Jackson-Vanik amendment, linking human rights to trade and other aspects of U.S. bilateral relationships. The concept of linkage has often been chastised by the foreign policy establishment, but it comes from the passion of our own country's democratic heritage and nature. With persistence and care, it ultimately proved successful for the United States and the countries concerned.   The Helsinki Commission also became the champion of engagement. Commission members did not simply speak out on human rights abuses; they also traveled to the Soviet Union and the communist countries of East-Central Europe, meeting dissidents and ``refuseniks'' and seeking to gain access to those in the prisons and prison camps. At first, the Commission was viewed as such a threat to the communist system that its existence would not be officially acknowledged, but Commissioners went anyway, in other congressional capacities until such time that barriers to the Commission were broken down. The Commission focus was on helping those who had first inspired the Commission's creation, namely the Helsinki and human rights monitors, who had soon been severely persecuted for assuming in the mid-1970s that they could act upon their rights. Ethnic rights, religious rights, movement, association and expression rights, all were under attack, and the Commission refused to give up its dedication to their defense. Eventually, the hard work paid off, and the beginning of my tenure with the Commission coincided with the first signs under Gorbachev that East-West divisions were finally coming to an end. Sharing the chairmanship with my Senate counterparts--first Alfonse D'Amato of New York and then Dennis DeConcini of Arizona--the Commission argued against easing the pressure at the time it was beginning to produce results.   We argued for the human rights counterpart of President Reagan's “zero option'' for arms control, in which not only the thousands of dissenters and prospective emigrants saw benefits. They were joined by millions of everyday people--workers, farmers, students--suddenly feeling more openness, real freedom, and an opportunity with democracy. Dissidents on whose behalf the Commission fought--while so many others were labeling them insignificant fringe elements in society--were now being released and becoming government leaders, people like Polish Foreign Minister Bronislaw Geremek and Czech President Vaclav Havel. The independence of the Baltic States, whose forced incorporation into the USSR was never officially recognized by the United States, was actually reestablished, followed by others wishing to act upon the Helsinki right to self-determination.   Of course, Mr. Speaker, those of us on the Commission knew that the fall of communism would give rise to new problems, namely the extreme nationalism which communism swept under the rug of repression rather than neutralized with democratic antiseptic. Still, none of us fully anticipated what was to come in the 1990s. It was a decade of democratic achievement, but it nevertheless witnessed the worst violations of Helsinki principles and provisions, including genocide in Bosnia-Herzegovina and brutal conflicts elsewhere in the Balkans as well as in Chechnya, the Caucuses and Central Asia, with hundreds of thousands innocent civilians killed and millions displaced. Again, it was the Commission which helped keep these tragedies on the U.S. foreign policy agenda, holding hearings, visiting war zones and advocating an appropriately active and decisive U.S. response. In the face of such serious matters, too many sought to blame history and even democracy, equated victim with aggressor and fecklessly abandoned the principles upon which Helsinki was based. Again the Commission, on a bipartisan basis in dialogue with different Administrations, took strong issue with such an approach. Moreover, with our distinguished colleague, Christopher Smith of New Jersey, taking his turn as Chairman during these tragic times, the Commission took on a new emphasis in seeking justice for victims, providing much needed humanitarian relief and supporting democratic movements in places like Serbia for the sake of long-term stability and the future of the people living there.   In this new decade, Mr. Speaker, the Commission has remained actively engaged on the issues of the time. Corruption and organized crime, trafficking of women and children into sexual slavery, new attacks on religious liberty and discrimination in society, particularly against Romani populations in Europe, present new challenges. Senator Ben Nighthorse Campbell of Colorado, the latest Commission Chairman, has kept the Commission current and relevant. In addition, there continue to be serious problem areas or widespread or systemic violations of OSCE standards in countries of the Balkans, Central Asia and the Caucuses, or reversals of the democratization process as in Belarus. The Commission was born in the Cold War, but its true mission--the struggle for human rights, democratic government and the rule of law--remains as important now as it was then. It remains an essential element for true security and stability in the world, as well as, to paraphrase Helsinki, for the free and full development of the individual person, from whose inherent dignity human rights ultimately derive.   To conclude, Mr. Speaker, I wish to erase any illusion I have given in my praise for the Helsinki Commission on its first quarter of a century that it had single-handedly vanquished the Soviet empire or stopped the genocidal policies of Slobodan Milosevic. No, this did not occur, and our own efforts pale in comparison to the courage and risk-taking of human rights activists in the countries concerned. But I would assert, Mr. Speaker, that the wheels of progress turn through the interaction of numerous cogs, and the Commission has been one of those cogs, maybe with some extra grease. The Commission certainly was the vehicle through which the United States Government was able to bring the will of the American people for morality and human rights into European diplomacy. To those who were in the Soviet gulag, or in Ceausescu's Romania as a recent acquaintance there relayed to me with much emotion, the fact that some Americans and others were out there, speaking on their behalf, gave them the will to survive those dark days, and to continue the struggle for freedom. Many of those voices were emanating in the non-governmental community, groups like Amnesty International, Freedom House and Human Rights Watch. Through the Helsinki Commission, the voice of the United States Congress was heard as well, and I know that all of my colleagues who have been on the Commission or worked with it are enormously proud of that fact.

  • Introduction of the International Anti-Corruption Act of 2001

    Mr. President, today I introduce the International Anti-Corruption Act of 2001. This legislation addresses the growing problem of official and unofficial corruption abroad. This bill is based on S. 1514, which I introduced in the 106th Congress. Endemic corruption around the world negatively impacts both the United States and the citizens of countries where corruption is tolerated. Overseas corruption directly hurts U.S. businesses as they endeavor to expand internationally. U.S. workers are affected when corruption closes doors to our exports. In addition, the honest and hardworking citizens of countries stricken with corruption suffer as they are compelled to pay bribes to officials and other people in positions of power just to get the permits and licenses they need to get things done. The trade barrier created by corruption also limits the purchasing choices available to these people. Finally, many leading U.S. companies that are eager to invest and build factories overseas to produce consumer goods for consumption in those countries, often wisely choose not to do so because they are not willing to deal with the corruption they would encounter. Overall, honest and hardworking people living all around the world suffer as productive output is unjustly harmed. As the Chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, I am working to address the problem of corruption. In the 106th Congress, I chaired a Commission hearing that focused on the issues of bribery and corruption in the region of the Organization for Security and Cooperation in Europe, an area stretching from Vancouver to Vladivostok. During this hearing, the Commission heard that, in economic terms, rampant corruption and organized crime in this vast region has cost U.S. businesses billions of dollars in lost contracts with direct implications for our economy. In addition, two years ago while attending the annual session of the OSCE Parliamentary Assembly in St. Petersburg, Russia, I had an opportunity to sit down with U.S. business representatives and learned, first-hand, about the many obstacles they face. Ironically, in some of the biggest recipients of U.S. foreign assistance--countries like Russia and Ukraine--the climate is either not conducive or outright hostile to American business. The time has come to stop providing aid as usual to those countries which line up to receive our assistance, only to turn around and fleece U.S. businesses conducting legitimate operations in these countries. For this reason, I am introducing the International Anti-Corruption Act of 2001 to require the State Department to submit a report and the President to certify by March 1 of each year that countries which are receiving U.S. foreign aid are, in fact, conducive to American businesses and investors. If a country is found to be hostile to American businesses, aid from the United States would be cut off. The certification would be specifically based on whether a country is making progress in, and is committed to, economic reform aimed at eliminating corruption. In fact, monitoring and measuring corruption, and the corresponding overall economic freedom, is nothing new. The Heritage Foundation regularly produces a comprehensive report entitled the “Index of Economic Freedom.” This year's 2001 report ranks 155 countries on the basis of 10 criteria, including “government intervention, foreign investment and black market.” While corruption is not identified individually in this report, you can bet there is a strong negative correlation between overall economic freedom and corruption. The more economic freedom you have, the less corruption you will have. It should be no surprise that the countries with the lowest levels of economic freedom are the very same countries that suffer from economic stagnation year after year. We owe it to the good people trapped in corrupt political systems to do what we can to help root out and get rid of this corruption. Under this bill, if the President certifies that a country's business climate is not conducive for U.S. businesses, that country will, in effect, be put on probation. The country would continue to receive U.S. foreign aid through that end of the fiscal year, but aid would be cut off on the first day of the next fiscal year unless the President certifies the country is making significant progress in implementing the specified economic indicators and is committed to recognizing the involvement of U.S. business. My bill also includes the customary waiver authority where the national interests of the United States are at stake. For countries certified as hostile to or not conducive for U.S. business, aid can continue if the President determines it is in the national security interest of the United States. However, the determination expires after six months unless the President determines its continuation is important to our national security interest. I also included a provision which would allow aid to continue to meet urgent humanitarian needs, including food, medicine, disaster and refugee relief, to support democratic political reform and rule of law activities, and to create private sector and non-governmental organizations that are independent of government control, or to develop a free market economic system. Instead of jumping on the bandwagon to pump millions of additional American tax dollars into countries which are hostile to U.S. businesses and investors, we should be working to root out the kinds of bribery and corruption that have an overall chilling effect on much needed foreign investment. Left unchecked, such corruption will continue to undermine fledgling democracies worldwide and further impede moves toward a genuine free market economy. I believe the legislation I am introducing today is a critical step this direction, and I urge my colleagues to support its passage. I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the bill was ordered to be printed in the Record, as follows: S. 988 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “International Anti-Corruption Act of 2001”. SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE. (a) REPORT AND CERTIFICATION.-- (1) IN GENERAL.--Not later than March 1 of each year, the President shall submit to the appropriate committees a certification described in paragraph (2) and a report for each country that received foreign assistance under part I of the Foreign Assistance Act of 1961 during the fiscal year. The report shall describe the extent to which each such country is making progress with respect to the following economic indicators: (A) Implementation of comprehensive economic reform, based on market principles, private ownership, equitable treatment of foreign private investment, adoption of a legal and policy framework necessary for such reform, protection of intellectual property rights, and respect for contracts. (B) Elimination of corrupt trade practices by private persons and government officials. (C) Moving toward integration into the world economy. (2) CERTIFICATION.--The certification described in this paragraph means a certification as to whether, based on the economic indicators described in subparagraphs (A) through (C) of paragraph (1), each country is-- (A) conducive to United States business; (B) not conducive to United States business; or (C) hostile to United States business. (b) LIMITATIONS ON ASSISTANCE.-- (1) COUNTRIES HOSTILE TO UNITED STATES BUSINESS.-- (A) GENERAL LIMITATION.--Beginning on the date the certification described in subsection (a) is submitted-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of a country that is certified as hostile to United States business pursuant to such subsection (a); and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in clause (i) has been made. (B) DURATION OF LIMITATIONS.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (A) shall apply with respect to a country that is certified as hostile to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is no longer hostile to United States business. (2) COUNTRIES NOT CONDUCIVE TO UNITED STATES BUSINESS.-- (A) PROBATIONARY PERIOD.--A country that is certified as not conducive to United States business pursuant to subsection (a), shall be considered to be on probation beginning on the date of such certification. (B) REQUIRED IMPROVEMENT.--Unless the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a) and is committed to being conducive to United States business, beginning on the first day of the fiscal year following the fiscal year in which a country is certified as not conducive to United States business pursuant to subsection (a)(2)-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of such country; and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in subparagraph (A) has been made. (C) DURATION OF LIMITATIONS.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (B) shall apply with respect to a country that is certified as not conducive to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is conducive to United States business. (c) EXCEPTIONS.-- (1) NATIONAL SECURITY INTEREST.--Subsection (b) shall not apply with respect to a country described in subsection (b) (1) or (2) if the President determines with respect to such country that making such funds available is important to the national security interest of the United States. Any such determination shall cease to be effective 6 months after being made unless the President determines that its continuation is important to the national security interest of the United States. (2) OTHER EXCEPTIONS.--Subsection (b) shall not apply with respect to-- (A) assistance to meet urgent humanitarian needs (including providing food, medicine, disaster, and refugee relief); (B) democratic political reform and rule of law activities; (C) the creation of private sector and nongovernmental organizations that are independent of government control; and (D) the development of a free market economic system. SEC. 3. TOLL-FREE NUMBER. The Secretary of Commerce shall make available a toll-free telephone number for reporting by members of the public and United States businesses on the progress that countries receiving foreign assistance are making in implementing the economic indicators described in section 2(a)(1). The information obtained from the toll-free telephone reporting shall be included in the report required by section 2(a). SEC. 4. DEFINITIONS. In this Act: (1) APPROPRIATE COMMITTEES.--The term “appropriate committees” means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) MULTILATERAL DEVELOPMENT BANK.--The term “multilateral development bank” means the International Bank for Reconstruction and Development, the International Development Association, and the European Bank for Reconstruction and Development.

  • Human Rights Problems in Kazakhstan

    Mr. Speaker, I rise today to call attention to the lamentable human rights situation in Kazakhstan. On April 4, in a meeting with Kanat Saudabaev, Kazakhstan's new Ambassador to Washington, I welcomed his desire for cooperation and his willingness to improve his country's image, but I emphasized that Kazakhstan's reputation has indeed been badly tarnished and that concrete actions, not implausible pledges of democratization, were necessary. Considering the recent political trends in that important Central Asian country, I would like to share with my colleagues a number of the concerns I raised with Ambassador Saudabaev. As a Washington Post editorial pointed out on May 1, President Nursultan Nazarbaev has recently been intensifying his longstanding campaign of repression against the political opposition, independent media, and civil society. Especially alarming is the escalation in the level of brutality. In the last few months, several opposition activists have been assaulted. Platon Pak of the "Azamat'' Party was stabbed on February 7. Fortunate to survive, he said his attackers told him to "deliver their message to the head of his political party.'' On March 1, Ms. Gulzhan Yergalieva, the Deputy Head of the opposition "People's Congress of Kazakhstan'' and a well-known journalist, was--along with her husband and son--attacked and robbed in her home. Prior to these incidents, both opposition parties strongly criticized the Kazakh Government's running of an electoral reform working group. In late February, Alexandr Shushannikov, the chairman of the East Kazakhstan branch of the "Lad'' Slavic Movement, was beaten by unknown assailants in the town of Ust-Kamenogorsk. Less violent harassment of the opposition has continued unabated. Amirzhan Kosanov, the Acting Head of the Executive Committee of the opposition Republican People's Party of Kazakhstan (RNPK), found threatening graffiti in the stairwells of his apartment building, on the doors of his apartment, and on neighboring buildings on March 17. Later that night, hooligans threw rocks at the windows of the apartment of Almira Kusainova, the RNPK's Press Secretary. In one case, a large rock shattered one of the windows. To add insult to injury, Mr. Kosanov has been barred from leaving Kazakhstan. He is the former Press Secretary of Akezhan Kazhegeldin, Kazakhstan's former Prime Minister and now the exiled head of the RNPK. Claiming Mr. Kosanov had access to "state secrets,'' the authorities have confiscated his passport--even though he had left Kazakhstan many times before. To round out the campaign against Mr. Kosanov, a series of articles and reports in pro-government media have accused him of adultery and pedophilia. In addition, Pyotr Afanasenko and Satzhan lbrayev, two RNPK members who were Mr. Kazhegeldin's bodyguards, were sentenced in April 2000 to three years in prison for a weapons offense; an appeals court upheld the convictions. The OSCE Center in Almaty has stated that it considers the charges to be political in nature. Moreover, these two individuals, as former members of the security forces, should be in special prisons instead of being incarcerated among the general prison population, where they are in danger. Along with the targeting of opposition activists, the ongoing crackdown on freedom of the press has continued. Most media outlets have long been under the direct or indirect control of Mr. Bapi, who was sentenced to one year in jail and ordered to pay $280 in court expenses, was immediately pardoned under a presidential amnesty. Still, his conviction remains on the books, which will prevent him from traveling abroad, among other restrictions. Mr. Bapi is appealing the verdict. As for Mr. Gabdullin, the prosecutor's office issued a press release on April 6 stating that it had dropped the case against him due to "the absence of [a] crime,'' although his newspaper has not yet received formal confirmation. While both editors are currently at liberty, as the Committee to Protect Journalists (CPJ) points out, their newspapers cannot publish in Kazakhstan because local printers will not risk angering local officials. In an April 17 letter to President Nazarbaev, CPJ concluded that "we remain deeply concerned about your government's frequent use of politically-motivated criminal charges to harass opposition journalists'' and called on him "to create an atmosphere in which all journalists may work without fear of reprisal.'' Apart from intimidating individual journalists and publications, Kazakhstan's authorities have taken legal action to restrict freedom of speech. The country's Senate on April 17 approved a draft media law that limits the retransmission of foreign programs and will also subject Internet web pages to the same controls as print media. Moreover, media outlets can be held responsible for news not obtained from official sources. In other words, if the New York Times or CNN runs stories Kazakhstan's leadership finds distasteful, Kazakh media outlets risk legal sanction for re-running those reports. Considering the ongoing investigations by the U.S. Department of Justice into high-level corruption in Kazakhstan, it is easy to draw inferences about what kinds of stories the authorities would eagerly spike. Indeed, although Mr. Gabdullin and Bapi were formally prosecuted for articles in their newspapers, both had also previously signed an open letter, published in the January 15 edition of Roll Call, expressing their support for the investigation. Mr. Speaker, Kazakh authorities have also stepped up harassment of NGOs. The OSCE Center in Almaty, the Washington-based National Democratic Institute (NDI), and Internews-Kazakhstan had jointly organized public forums in 9 regions of Kazakhstan to educate local citizens, media, and interested parties about the proposed amendments to the media law. After the law's passage, local organizers of these Forums on Mass Media were called in to the Procuracy for "conversations.'' Other government agencies which took part in this intimidation were the Tax Police and the Financial Police. According to OSCE sources, the authorities offered local NGOs "friendly'' advice about not working with the OSCE and NDI. In Atyrau, one NGO contacted by the Financial Police did not even participate in these forums but that did not stop the police from sending a written request. Finally, Mr. Speaker, to round out a very depressing picture, Kazakhstan's parliament is reportedly working towards the adoption of amendments to the law on religion that will severely limit freedom of conscience. The draft provisions would require at least 50 members for a religious association to be registered (the law currently requires 10). In order to engage in "missionary activity,'' which would involve merely sharing religious beliefs with others, individuals--citizens or not--would have to be registered with the government, and religious activity would be permitted only at the site of a religious organization, which could bar meetings in rented facilities or even private homes. Violation of these provisions could lead to a sentence of one-year in prison or even two years of ``corrective labor,'' and to the closing of religious organizations. These draft amendments to the religion law were introduced in Kazakhstan's parliament in early April. According to the U.S. Embassy in Almaty, no date has been scheduled for discussion of the legislation though it is expected the measure will be considered before the current session ends in June. The U.S. Government, the OSCE, and other international agencies have expressed concern about the possible restriction of religious liberty, and there is reason to fear the worst. In recent months, the attitude underlying these draft amendments has already had a real impact on believers. American citizens who did humanitarian work in several cities in Kazakhstan have been harassed, intimidated and eventually deported. The formal cause of their expulsion was violation of administrative regulations but one official told an American the real reason was because they were Christians. In one particularly brutal, ugly case, Americans who had been told to leave the country were preparing to do so when the authorities brought them back from the airport so they could be videotaped for TV broadcasts portraying them as engaging in various sorts of subversive activities. An American family preparing to leave Ust-Kamenorgorsk was harassed by a Kazakh security official who threatened to spend the entire night in their tiny apartment to make sure they left. It took several hours before he could be persuaded to leave, despite the fact that his presence was frightening a pregnant American woman. Jehovah's Witnesses have also reported stepped-up harassment and intimidation. Over the past few months, central and local media have been attacking Jehovah's Witnesses, who are depicted as religious extremists. In one bizarre case, according to the Witnesses, a television station broadcast video footage of Islamic terrorists, who were described as Jehovah's Witnesses, as well as footage of a police raid on a meeting held in a private home. Kazakhstan's new Administrative Violation Code, which went into effect in February, allows the suspension or prohibition of religious organizations for evading registration or for violating assembly rules. This has already been used to suspend the activity of a group of Jehovah's Witnesses in Kyzyl-Orda. A similar case is pending in Taraz. Just today, May 16, Keston News Service reports that authorities have declared a Baptist church in the town of Kulsary (Atyrau region) illegal and ordered it to stop all meetings, claiming that it may not function until it is registered. In fact, Kazakh law does not ban activity by religious communities without registration, but the regional prosecutor upheld the ban. Church leaders intend to appeal the decision, but local lawyers are afraid to take such a case. Keston further reports that on April 10, the authorities in Kyzylorda fined a Baptist church 7,750 tenge (about $53) and suspended its activities until it obtains registration. In February, police had raided a Kazakh-language service at that church, demanding that participants show their identity documents and write statements about the gathering. They confiscated religious writings in Kazakh and Russian, and took five people, including the leader of the service, Erlan Sarsenbaev, to the police station. According to the Baptists, the police told them "During the Soviet times, believers like you were shot. Now you are feeling at peace, but we will show you.'' When Sarsenbaev refused to write a statement, police officers "began to hit him on his neck, abdomen and head with a plastic bottle filled with water.'' Finally, they forged his signature, and wrote the statement on his behalf. As President Bush recently said, "the newly independent republics of Central Asia impose troubling limits on religious expression and missionary work.'' This trend in Kazakhstan is especially disturbing because despite the consistent consolidation of presidential power and general crackdown on opposition and dissent, relative religious freedom had been one of the bright spots. It seems this bright spot is about to disappear. Mr. Speaker, a few weeks ago, Erlan Idrisov, Minister of Foreign Affairs of Kazakhstan, visited Washington. In his public speaking engagements, he focused on Kazakhstan's emphasis on stability and its desire for good relations with its neighbors. These are understandable priorities which the United States has every reason to support. But Minister Idrisov simply discounted charges of human rights problems, arguing on May 2 at the Carnegie Endowment that the above-mentioned Washington Post editorial is "not the final word'' on the human rights situation in his country. Minister Idrisov may disagree with any Washington Post editorial, if he likes. But when you consider many other sources, such as the State Department's report on human rights practices, the Committee to Protect Journalists (which last year named President Nazarbaev one of the world's ten worst enemies of the media), and the OSCE Center in Almaty, the overall impression is clear and indisputable. Despite official Kazakh claims about progress, the human rights situation is poor and threatens to get worse. If President Nazarbaev wants to change that impression and convince people that he is sincere about wanting to democratize his country, he must take concrete steps to do so. The time is long past when we could take his assurances at face value.  

  • Democracy Under Siege in Belarus

    Mr. President, I wish to update my Senate colleagues on developments in Belarus in my capacity as Chairman of the Commission on Security and Cooperation in Europe, the Helsinki Commission. The Commission continues to pay close attention to events in Belarus especially as they impact democracy, human rights and the rule of law.   May 7 marked the second anniversary of the disappearance of Yuri Zakharenka, the former Belarusian Minister of Internal Affairs. In 1999, General Zakharenka, who had been critical of Belarusian leader Alexander Lukashenka and had attempted to form a union of officers to support democracy, was put in a car by unidentified men and taken away. He has not been heard from since. His fate is probably similar to other prominent Belarusian opposition figures who have disappeared over the last few years, notably Victor Hanchar, Antaloy Krasovsky and Dmitry Zavadsky. The Belarusian authorities have had no success in investigating these disappearances; indeed, there are indications that the regime of Alexander Lukashenka may have been involved. Opinion polls in Belarus have shown that a clear majority of those who are aware of the disappearances believe that they are the work of the Lukashenka regime.   These disappearances embody the climate of disregard for human rights and democracy that has persisted since the election of Mr. Lukashenka in 1994. That disregard has intensified following his unconstitutional power grab in November 1996.   Presidential elections are planned for later this year. Unfortunately, recent developments in Belarus do not inspire confidence that these elections will meet OSCE standards for free and democratic elections. Despite commitments made to the OSCE, Belarusian authorities continue to unlawfully restrict freedom of assembly and to beat and detain participants in peaceful demonstrations, as illustrated by the April 21 protest by youth activists. On April 27, Valery Shchukin, deputy of the disbanded Belarusian parliament, received a three month sentence for the dubious charge of ``malicious hooliganism.'' And on May 7, police arrested opposition activists who marked the anniversary of Yuri Zakharenka's disappearance. The activists held placards reading: ``Where is Zakharanka?''; ``Who's Next?''; and ``Where are the Disappeared People--Zakharanka, Hanchar, Krasousky, Zavadsky?''   Lukashenka continues his harsh assault on OSCE's efforts to develop democracy, characterizing domestic elections observers supported by the OSCE Advisory and Monitoring Group (AMG) as ``an army of bandits and collaborationists.'' This is only the last in a series of incredible accusations against the international community, including far-fetched allegations that $500 million had been earmarked in support of the opposition candidates. On April 25, the OSCE Representative on Freedom of the Media Friemut Duve canceled his visit to Belarus to protest the denial of a visa to his senior advisor, a U.S. diplomat Diana Moxhay who had earlier served at the U.S. Embassy in Miensk. The visit was to have examined the difficult media environment in Belarus, especially in light of the forthcoming presidential elections.   I continue to have grave concerns that Presidential Directive No. 8, which imposes restrictions on assistance from abroad offered to NGOs for democracy building and human rights including election monitoring, could be used to block NGO activities and important OSCE AMGroup projects in Belarus.   These and numerous other recent occurrences call into question the Belarusian government's willingness to comply with freely undertaken OSCE commitments and raise doubts as to whether the Lukashenka regime intends to conduct the upcoming elections in a manner consistent with international standards.   As Chairman of the Helsinki Commission, I call upon the Belarusian authorities to conduct a real and public investigation of the disappearances. Furthermore, I urge the Belarusian Government to take the steps necessary in order for the presidential elections to be recognized as free and democratic as outlined by the March 7 Final Statement of the Parliamentary Troika. These are: transparency and democracy in the preparation and implementation of the elections, in particular the process of registration of the candidates, the composition of electoral commissions and counting of votes; equal access for all candidates to the mass media; refraining from harassment of candidates, their families and supporters; and freedom in carrying out their work for all those engaged in domestic election observation.

  • Ukraine at the Crossroads: Ten Years After Independence

    This hearing discussed Ukraine’s future, given its pervasive, high-level corruption, the controversial conduct of authorities in the Gongadze investigation, and ongoing human rights problems. Commissioners and witnesses mentioned how these issues discouraged foreign investment and expressed a desire on behalf of the U.S. Congress for the country to succeed as an independent, democratic, stable, and economically successful state.  Commissioners and witnesses discussed how the United States could best help Ukraine achieve this.

  • Atmosphere of Trust Missing in Belarus

    Mr. Speaker, this fall, the Belarusian Government is planning to hold their second presidential elections since independence.  Judging by the continuing actions of the repressive regime of Aleksandr Lukashenka, free, fair, and transparent elections--consistent with Belarus' freely undertaken OSCE commitments--will be very difficult to achieve. Democratic elections require an all-encompassing atmosphere of trust and a respect for basic human rights. Unfortunately, recent actions in Belarus do nothing to encourage such trust. Most recently, on March 25, Belarusian authorities cracked down on participants of the Independence Day march, arresting and beating several protestors, subsequently fining and jailing some, including Belarusian Popular Front Chairman Vintsuk Vyachorka, who received a 15-day sentence on March 29, Ales Byaletsky, head of the human rights center "Viasna", who received a 10-day sentence, and Yuri Belenky, acting chairman of the Conservative Christian Party, who also received a 10-day sentence. Also detained and beaten was 17-year-old Dmitri Yegorov, a photojournalist for a Grodno-based, non-state newspaper. On the day of the march, Belarusian state television accused the opposition of “seeking to draw Belarus into some bloody turmoil", reflecting its increasingly shrill tone of late. Earlier this year, for instance, Belarusian television claimed the CIA was intensifying "subversive activity" as the presidential election draws nearer. On March 24, Belarus' KGB chief pledged on Belarusian television to intensify surveillance of foreigners in order to prevent them from interfering in the country's domestic matters. On March 12, Lukashenka signed Decree #8, which essentially imposes restrictions from abroad offered to NGOs for democracy building and human rights, including election monitoring. Moreover, the Belarusian Government has claimed that the OSCE Advisory and Monitoring Group's (AMG) domestic election observation project does not conform with the Belarusian Constitution and Mr. Speaker, I am also concerned about recent assaults on religious communities. Last month, the Council of Ministers restricted visits by foreign clergy for “non-religious" purposes--including contact with religious and other organizations, participation in conferences and other events, or charitable activities. Government officials are also refusing to register some Reform Jewish communities because they do not have “legal'' addresses. In February, state-controlled Belarusian television aired a documentary alleging Catholicism as a threat to the very existence of the Belarusian nation. And in January, leaders of Belarus' Protestant community alleged that state newspapers carried biased articles that present Pentecostals as “wild fanatics." Religious freedom is not the only liberty in peril. Freedom of the press and of self-expression are also in jeopardy. Editors of a variety of newspapers are being fined on fictitious and trumped-up charges for violating the Law on Press and Other Mass Media. Various periodicals are being confiscated and destroyed, and distributors of independent newspapers have been arrested. Youth organizations have been accused of engaging in activities that weaken the Belarusian statehood and undermining socioeconomic stability. Teenagers have been arrested for picketing and protesting, and others have been detained for distributing newspapers or pasting stickers advocating reform and calling on the authorities to solve the cases of political disappearances. Belarusian Television and Radio (BTR) has also canceled scheduled addresses to be made by potential presidential candidates or opposition leaders. The Deputy Minister of Education has ordered heads of the educational community to ban seminars conducted by the People's University. Lukashenka has also undertaken repressive acts against the potential presidential candidates and their families in an attempt to thwart their campaign progress. Family members of former Prime Minister Mikhail Chigir have become the target of persecution. Chigir's wife has been accused of interfering with the work of the police, and his son, Alexander, has been charged with large scale larceny. Chigir is not the only potential candidate whose actions have been thwarted by Lukashenka. Semyon Domash's meeting with potential voters at the Tourist Hotel was canceled on orders from the Mogilev authorities and a director of the clubhouse of the Brest Association of Hearing-Impaired People lost her job after hosting a February 3 voters' meeting with Domash. Vladimir Goncharik, a labor leader, has had to deal with newly state-created "unions" trying to muscle out unions supporting him. Two officials of a manufacturing plant were reprimanded by a Borisov city court for hosting a meeting between Chigir and employees at the plant. When one looks at these and other recent actions of the Lukashenka regime, the inescapable conclusion is that the regime has created an unhealthy environment in advance of the elections. Mr. Speaker, the regime's behavior is obviously not conducive to the promotion of free and fair elections. A few weeks ago, President Lukashenka stressed the need to establish an atmosphere of trust in bilateral Belarusian-U.S. relations. I strongly encourage Mr. Lukashenka to translate his words into concrete deeds that will encourage this trust and lead to the emergence of Belarus from its self-imposed isolation from the Euro-Atlantic community of democracies.

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