Title

Elections, Democratization, and Human Rights in Azerbaijan

Thursday, May 25, 2000
2255 Rayburn House Office Building
Washington D.C., DC 20515
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Ben Nighthorse Campbell
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Ambassador Daniel Fried
Title: 
Principal Deputy Special Advisor to the Secretary of State
Body: 
Department of State
Name: 
H.E. Hafiz Pashayev
Title: 
Ambassador
Body: 
Republic of Azerbaijan
Name: 
Abulfaz Elchibey
Title: 
Former President of Azerbaijan
Body: 
Chairman of the Azerbaijan Popular Front
Name: 
Nazim Imanov
Title: 
Deputy Chairman
Body: 
National Independence Party of Azerbaijan
Statement: 
Name: 
Rasul Gouliev
Title: 
Co-Chairman
Body: 
Azerbaijan Democratic Party
Statement: 
Name: 
Cathy Fitzpatrick
Title: 
Executive Director
Body: 
International League for Human Rights
Statement: 
Name: 
Isa Gambar
Title: 
Former Speaker
Body: 
Chairman of Musavat Party
Statement: 

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

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  • Mayor Giuliani, Chairman Smith Lead U.S. Delegation to OSCE Conference on Anti-Semitism

    By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. 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 Commission Examines Plight of Internally Displaced Persons

    By Knox Thames CSCE Counsel The United States Helsinki Commission held a hearing June 10, 2003, focusing on the plight of an estimated three million internally displaced persons (IDPs) in the Caucasus region and southeastern Anatolia. The region has become a temporary dwelling place to the single largest body of displaced persons in the region covered by the Organization for Security and Cooperation in Europe (OSCE). Testifying at the hearing were Dr. Francis Deng, United Nations Secretary General's Representative on Internally Displaced Persons; Ms. Roberta Cohen, Co-Director of the Brookings-SAIS Project on Internal Displacement; Dr. Maureen Lynch, Director of Research for Refugees International; and Mr. Jonathan Sugden, Researcher in the Europe and Central Asia Division at Human Rights Watch. Mr. Gabriel Trujillo, Mission Head for Doctors Without Borders of the Russian Federation was scheduled to testify, but encountered unexpected delays in Moscow. Mr. Nicolas de Torrente, Executive Director of Doctors Without Borders, U.S.A. graciously delivered Mr. Trujillo's opening statement. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing, describing how protracted conflicts in Georgia, Azerbaijan, Armenia and the North Caucasus of the Russian Federation have diminished the prospects of displaced persons safely returning home. He noted that few individuals have been allowed to return to southeastern Turkey, despite the lifting of the last state of emergency in late 2002. "We must address this problem now as thousands and thousands of individuals are suffering," said Smith. "More must be done to find just, realistic and durable solutions." Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) stated in written remarks, "As an American Indian, I am particularly sensitive to the plight of men, women and children who have been uprooted from their homes. Whether due to conflict, natural disaster or other causes, the displaced cling to the hope they will one day be able to return home." Campbell added that with millions waiting to return, "it is the responsibility of individual participating States and the international community to meet the needs of these individuals while working to create the conditions necessary for their return in safety and dignity." Ranking Member Rep. Benjamin L. Cardin (D-MD) emphasized the need for the hearing to both ascertain the precise situation of IDPs in the region and to bring greater attention to their needs. He expressed hope that the hearing would provide information and ideas on how the State Department and the U.S. Congress could play a role in assisting the internally displaced. Commissioner Rep. Joseph R. Pitts (R-PA) called the condition of IDPs in the region "urgent," as they suffer not only from a lack of food, medical aid, and education, but also from the inability to return home. "Some fear government action against them. Others fear rebel action. Others fear both," Pitts noted. Dr. Deng is the author of the UN Guiding Principles on Internal Displacement which recognized international norms for the rights of the displaced and the corresponding duties of states in protecting those rights. He provided an overview of the situation in the region, characterizing IDPs as having the same needs as refugees, "but worse." Since IDPs do not leave their country, they remain more or less within the conflict zone, faced with the same threats that caused their flight. While their home governments bear primary responsibility for their safety and security, Deng noted in many cases IDPs become in effect political hostages. By not resettling the displaced and allowing free integration, the government uses them as bargaining chips in the political conflict. When the government fails to act, the displaced often fall into a "vacuum of responsibility," Deng observed, noting that the world cannot sit and watch and do nothing. Ms. Cohen offered a series of recommendations for the OSCE on issues pertaining to IDPs. "The OSCE, more than most regional organizations, has tremendous potential for dealing with the problem of internal displacement in the European region," stated Cohen. "It also has the responsibility to do so." Although recognizing that in recent years the OSCE has expanded its involvement with problems of internal displacement, Cohen noted that these steps have been largely ad hoc and too small. She recommended that the OSCE systematically integrate internal displacement into its activities, particularly within the Caucasus region and southeastern Anatolia, using the UN Guiding Principles on Internal Displacement as a framework. Cohen specifically urged OSCE bodies to ensure the right of IDPs to vote. In addition, Cohen identified the OSCE/ODIHR migration unit as the potential focal point for activities within the organization and contended that, if these recommendations are carried out, it would positively impact the situation in the Caucasus and Turkey. Russian Federation Gabriel Trujillo's prepared statement outlined the results of a Doctors Without Borders' survey conducted in February 2003 that polled over 16,000 displaced Chechens housed in camps in neighboring Ingushetia. When questioned about returning to Chechnya, an overwhelming majority of respondents said they were too afraid for their safety to return. Notably, individuals interviewed did not consider the availability of humanitarian aid available in Ingushetia as a reason to stay. The ongoing violence has kept UNHCR from certifying Chechnya as a safe return destination. International aid agencies, including Doctors Without Borders, are choosing to limit or suspend their operations out of concern for the safety of aid workers. Mr. de Torrente pointed to recent abductions, including Doctors Without Borders volunteer Arjan Erkel still missing from nearby Daghestan after ten months, as exemplifying the security situation in the region. "If present security conditions in Chechnya and the neighboring republics are not adequate for humanitarian workers to carry out assistance activities," asked de Torrente, "why would they be considered adequate for civilian Chechens to return and resume their normal lives?" Despite this lack of security, the UN estimates that more than 38,000 IDPs from Ingushetia returned to Chechnya last year. Respondents to the survey said people are left with little choice. They report that officials have threatened to cut off assistance in Ingushetia and block future aid in Chechnya for those refusing to leave immediately. Also, Russian troops reportedly are stationed near IDP camps and authorities limit assistance from international agencies, all to pressure IDPs to return to Chechnya. De Torrente concluded, "The results of the survey are a clear indication that the basic rights of displaced people to seek safe refuge, to be protected and assisted properly in a time of conflict, and only to return home voluntarily as guaranteed by international humanitarian law are not being respected." Turkey Mr. Sugden described the situation in southeastern Turkey, where approximately 400,000 to one million people, mostly of Kurdish heritage, fled their villages during the conflict with the PKK. Relative peace returned to the region by 2001, yet the majority of Turkey's displaced have been unable to return home. Sugden noted that often local authorities will not permit villages to be re-inhabited, while in other cases the gendarmes or village guards block resettlement, often by threat or use of violence. While the Government of Turkey has policies and programs aimed at returning the displaced to their homes, Sugden asserted, they have "consistently been underfunded and ill-conceived, falling far short of established international standards." Because of this, the international community has been reluctant to get involved. "Instead of helping villagers to get international assistance, the government, with its flawed plans, is actually standing in their path," he remarked. Sugden noted that the implementation of a fair and effective return program for the displaced populations in Turkey would also serve the country's goal of EU membership. He urged the Helsinki Commission to use its leverage in encouraging Turkey "as a matter of urgent priority" to convene a planning forum with the goal of creating a return program meeting international standards. Azerbaijan and Georgia Dr. Lynch estimated that in the South Caucasus there are currently some 250,000 displaced individuals from the Abkhazia and South Ossetia conflicts in Georgia and over 572,000 displaced from the Nagorno-Karabakh conflict in Azerbaijan. Although political solutions would provide the best opportunity for these groups to return home, the frozen nature of the conflicts makes that a remote possibility. In addition, Lynch asserted that the Georgian and Azeri Governments have failed to provide alternative integration opportunities, thereby maintaining the displaced as "political pawns." In Azerbaijan, only about ten percent of IDPs live in camps. The rest have settled in abandoned hotels, railway cars, or underground dugouts, all of which represent serious health hazards from air and water quality to the risk of structural collapse. The lucky few provided with government-funded housing find themselves located far from jobs and on unirrigated land unsuitable for farming. Nevertheless, Dr. Lynch maintains that Azerbaijan is full of potential; it is an oil-rich country with a highly literate population. "The answer to Azerbaijan's trouble is not found only in resolution of the Nagorno-Karabakh conflict," he asserted, "Azerbaijan must protect itself from corruption and use all of its resources to look to the future." In Georgia, the living conditions for IDPs are just as harsh, but with the added difficulty of only sporadic food aid. There is also a severe lack of even basic healthcare accessible to IDPs and virtually no psychosocial assistance. What healthcare is available is often too expensive for the displaced, resulting in many IDPs dying from curable ailments. Dr. Lynch declared that both Azerbaijan and Georgia must develop long-term solutions for their displaced populations, but they must also allow relief aid to arrive unhindered. In particular, Georgia must lift the import tax it imposed on humanitarian goods, which is currently blocking effective aid distribution, and both countries must work to create economic opportunities for IDPs. She further urged governments to be transparent in their plans, thereby encouraging continued participation of the international community. 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.

  • Internally Displaced Persons In The Caucasus Region And Southeastern Anatolia

    Rep. Chris Smith (NJ-04), other legislators, and witnesses discussed Internally Displaced Persons (or IDPs) in the north Caucasus region of the Russian Federation, Georgia, Armenia, Azerbaijan, and Turkey. At the time of this hearing, this set of countries represented the greatest concentration of IDPs fleeing conflicts anywhere in the OSCE, which then consisted of 55 states. IDPs are not granted the same protections as refugees as stipulated under the U.N. Refugee Convention, although IDPs face similar problems, due to the fact that IDPs do not cross international borders.

  • The Troubled Media Environment in Ukraine

    Mr. President, later this week individuals around the world will mark World Press Freedom Day. The functioning of free and independent media is tied closely to the exercise of many other fundamental freedoms as well as to the future of any democratic society. The Commission on Security and Cooperation in Europe, which I co-chair, is responsible for monitoring press freedom in the 55 participating States of the Organization for Security and Cooperation in Europe, OSCE. Recently, I reported to the Senate on the deplorable conditions for independent media in the Republic of Belarus. Today, I will address the situation of journalists and media outlets in Ukraine.   Several discouraging reports have come out recently concerning the medic environment in Ukraine. These reports merit attention, especially within the context of critical presidential elections scheduled to take place in Ukraine next year. The State Department's Country Reports on Human Rights Practices in Ukraine for 2002 summarizes media freedoms as follows: "Authorities interfered with the news media by intimidating journalists, issuing written and oral instructions about events to cover and not to cover, and pressuring them into applying self-censorship. Nevertheless a wide range of opinion was available in newspapers, periodicals, and Internet news sources."   Current negative trends and restrictive practices with respect to media freedom in Ukraine are sources of concern, especially given that country's leadership claims concerning integration into the Euro-Atlantic community. Lack of compliance with international human rights standards, including OSCE commitments, on freedom of expression undermines that process. Moreover, an independent media free from governmental pressure is an essential factor in ensuring a level playing field in the upcoming 2004 presidential elections in Ukraine.   In her April 18, 2003 annual report to the Ukrainian parliament, Ombudsman Nina Karpachova asserted that journalism remains among the most dangerous professions in Ukraine, with 36 media employees having been killed over the past ten years, while beatings, intimidation of media employees, freezing of bank accounts of media outlets, and confiscation of entire print runs of newspapers and other publications have become commonplace in Ukraine.   The murder of prominent journalist Heorhiy Gongadze--who disappeared in September 2000--remains unsolved. Ukrainian President Kuchma and a number of high-ranking officials have been implicated in his disappearance and the circumstances leading to his murder. The Ukrainian authorities' handling, or more accurately mishandling of this case, has been characterized by obfuscation and stonewalling. Not surprisingly, lack of transparency illustrated by the Gongadze case has fueled the debilitating problem of widespread corruption reaching the highest levels of the Government of Ukraine.   Audio recordings exist that contain conversations between Kuchma and other senior government officials discussing the desirability of Gongadze's elimination. Some of these have been passed to the U.S. Department of Justice as part of a larger set of recordings of Kuchma's conversations implicating him and his cronies in numerous scandals. Together with Commission Co-Chairman Rep. Chris Smith, I recently wrote to the Department of Justice requesting technical assistance to determine whether the recordings in which the Gongadze matter is discussed are genuine. A credible and transparent investigation of this case by Ukrainian authorities is long overdue and the perpetrators--no matter who they may be--need to be brought to justice.   The case of Ihor Alexandrov, a director of a regional television station, who was beaten in July 2001 and subsequently died also remains unsolved. Serious questions remain about the way in which that case was handled by the authorities.   A Human Rights Watch report, “Negotiating the News: Informal State Censorship of Ukrainian Television,” issued in March, details the use of explicit directives or temnyky, lists of topics, which have been sent to editors from Kuchma's Presidential Administration on what subjects to cover and in what manner. The report correctly notes that these temnyky have eroded freedom of expression in Ukraine, as "editors and journalists feel obligated to comply with temnyky instructions due to economic and political pressures and fear repercussions for non-cooperation." To their credit, the independent media are struggling to counter attempts by the central authorities to control their reporting and coverage of issues and events.   Another troubling feature of the media environment has been the control exerted by various oligarchs with close links to the government who own major media outlets. There is growing evidence that backers of the current Prime Minister and other political figures have been buying out previously independent news sources, including websites, and either firing reporters or telling them to cease criticism of the government of find new jobs.   Last December, Ukraine's parliament held hearings on "Society, Mass Media, Authority: Freedom of Speech and Censorship in Ukraine." Journalists' testimony confirmed the existence of censorship, including temnyky, as well as various instruments of harassment and intimidation. Tax inspections, various legal actions or license withdrawals have all been used as mechanisms by the authorities to pressure media outlets that have not towed the line or have supported opposition parties.   As a result of these hearings, the parliament, on April 3rd, voted 252 to one to approve a law defining and banning state censorship in the Ukrainian media. This is a welcome step. However, given the power of the presidential administration, the law's implementation remains an open question at best, particularly in the lead up to the 2004 elections in Ukraine.   I urge our Ukrainian parliamentary colleagues to continue to actively press their government to comply with Ukraine's commitments to fundamental freedoms freely agreed to as a signatory to the Helsinki Final Act. I also urge the Ukrainian authorities, including the constitutional "guarantor", to end their campaign to stifle independent reporting and viewpoints in the media. Good news from Ukraine will come not from the spin doctors of the presidential administration, but when independent media and journalists can pursue their responsibilities free of harassment, intimidation, and fear.

  • The Referendum in Chechnya

    Mr. Speaker, last Sunday, while the world's eyes were focused on the momentous events taking place in Iraq, a constitutional referendum was held in the war-torn region of Chechnya. The referendum was held as part of the Russian Government's attempt to “normalize” the situation in that tortured part of Russia's North Caucasus.   For the last ten years, Chechnya has been the scene of a bloody war between armed Chechen rebels and Russian military forces. Hostilities were precipitated in late 1994 when, in the wake of Chechnya's attempt to secede from the Russian Federation, Russian military forces launched a full-scale assault on the Chechen capital of Grozny. There was a restive peace from 1996 until the summer of 1999, when the armed clashes erupted anew. The roots of this conflict go back to Tsarist conquests in the 19th century and Stalin's brutal deportation of the Chechen people to Central Asia during World War II. Unfortunately, certain radical Islamic militant elements linked to international terrorism have become involved on the Chechen side, though the State Department has stressed that not all Chechens are terrorists.   Despite Moscow's repeated claims that heavy-handed Russian tactics in Chechnya are part of the war against global terrorism, the situation is far more complex. Many Chechens have taken up arms against what they believe is a repressive colonial power and wish to see Chechnya as an independent state that will be able to make the critical choice regarding the future of its people. As is so frequently the case, the civilian population has suffered terribly from the war. While both sides are guilty of violations of international humanitarian law, the Russian military and special operations units have been responsible for numerous and well-documented instances of gratuitous, brutal and mass violence against the civilian population.   During my years in the leadership of the Commission on Security and Cooperation in Europe, the Commission has conducted eight hearings and briefings on Chechnya. Witnesses, including a nurse who was present in a Chechen town where some of the worst atrocities by Russian forces took place, have described the appalling fate of the civilian population.   According to the U.S. State Department's Country Reports on Human Rights Practices for 2001, “The indiscriminate use of force by government troops in the Chechen conflict resulted in widespread civilian casualties and the displacement of hundreds of thousands of persons, the majority of whom sought refuge in the neighboring republic of Ingushetia. Attempts by government forces to regain control over Chechnya were accompanied by the indiscriminate use of air power and artillery. There were numerous reports of attacks by government forces on civilian targets, including the bombing of schools and residential areas.” The report continues: “Command and control among military and special police units often appeared to be weak, and a climate of lawlessness, corruption, and impunity flourished, which fostered individual acts by government forces of violence and looting against civilians.” Among the examples of such lawlessness and impunity in the Country Reports were “...reports of mass graves and 'dumping grounds' for victims allegedly executed by Russian forces in Chechnya” and “cleansing” operations directed against guerrillas but resulting in deaths and the disappearance of non-combatants.   The State Department points out that Chechen forces also committed serious abuses: “According to unconfirmed reports, rebels killed civilians who would not assist them, used civilians as human shields, forced civilians to build fortifications, and prevented refugees from fleeing Chechnya. In several cases, elderly Russian civilians were killed for no apparent reason other than their ethnicity.”   Against this unsettling backdrop, with an estimated 100,000 internally displaced persons living in refugee camps in neighboring Ingushetia, and under the guns of approximately 80,000 Russian soldiers in Chechnya, the Chechen people have reportedly voted overwhelmingly for the proposed new constitution. Nevertheless, it is difficult to believe that a genuine assessment of the public will would have been determined under such circumstances. I would ask the same question I asked in a Helsinki Commission press release over a month ago: “Are we supposed to believe that this referendum will stabilize Chechnya while armed conflict between the Russian military and Chechen fighters continue to produce death and destruction?'”   The well-respected Russian human rights group, Memorial, has charged that Chechens were pressured to vote with the threat of losing their pensions or humanitarian aid. A joint assessment mission of the Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe stated that “no group has been able to campaign officially against the referendum in the mass media or distribute literature arguing against the referendum,” although some opposition opinions were voiced in the media. Incidentally, in the concluding communique of the 1999 Istanbul OSCE Summit, the Russian Government agreed that all sides should seek a political solution to the conflict, and avail themselves of the assistance of the OSCE. This commitment was seriously undermined when the Russian government evicted the OSCE Assistance Mission to Chechnya at the end of last year.   Mr. Speaker, the Bush Administration has stated that “...we hope [the referendum] can be the basis for a political solution to that tragic conflict.” I find that rather optimistic. The Russian Government might better instruct its military to stop terrorizing the civilian population, prosecute human rights violators and rebuild Chechnya. Then perhaps it would not have to hold referenda in Chechnya under armed guard.

  • Turkey's Post-Election Future Focus of Helsinki Commission Briefing

    By Chadwick R. Gore CSCE Staff Advisor The United States Helsinki Commission held a briefing November 14 which examined Turkey’s future after the drastic shift in Turkey’s Grand National Assembly following the November 3rd elections. The Justice and Development Party (AKP) received just 34 percent of the popular vote, but gained two-thirds of the seats in the 550-seat Assembly. Forty-five percent of Turkey’s population voted for political parties that did not meet the 10 percent requirement for representation in the new parliament. The political flux has been likened to an earthquake as 88 percent of the newly elected officials are new to parliament, and the roots of the AKP and its leadership can be traced to former, but now illegal, Islamist parties. These factors have raised concerns in and outside of Turkey about the country’s political, democratic, economic and social future. Abdullah Akyüz, President of the Turkish Industrialist and Businessmen’s Association (TÜSÝAD), emphasized the significance of timing and outcome of the recent election. Turkey’s election of a party with a Muslim leader, the fragility of Turkey-EU relations, Turkey-Cyprus relations and the situation in Iraq all create apprehension about Turkey’s future. The election, which resulted in single party leadership, came at a very complex and crucial time for Turkey. While accession into the European Union (EU) is felt by many to be paramount to Turkish stability, Akyüz felt Turkey must address these issues immediately to make itself more attractive to the EU. Mr. Akyüz and Jonathan Sugden, Turkey Researcher for Human Rights Watch (HRW), stressed expressed the importance of EU accession for the economic and democratic development of Turkey. Sugden stated the EU Copenhagen summit in December is “a make or break date” for Turkey. According to Sugden, two main objectives need to be completed to give Turkey a better chance for negotiations with the EU: (1) The government needs to enact the new draft reform law on torture, reducing and eradicating torture from the Turkish law enforcement system; and, (2) Four imprisoned Kurdish parliamentarians [Layla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak] need to be released or at least given the chance to appeal their cases with adequate legal counsel. Once passed, the legislation to provide legal counsel to detainees immediately upon their detention would place Turkey ahead of several European nations, including France, regarding the right for the accused to have prompt access to counsel. Sanar Yurdatapan, a musician and freedom of expression activist, commented that “Turkey must become a model of democracy to its neighbors by displacing the correlation of Islam and terrorism and diminish the influence of the military in domestic affairs.” The AKP must prove it is committed to democracy and development and not a religious agenda, according to Yurdatapan. Recep Tayyip Erdogan, leader of AKP, has shown signs that his party will attempt to live up to that commitment. Tayyip recently stated that accession to the EU is his top priority. Yurdatapan was most concerned with Turkish citizens gaining domestic freedoms, especially freedom of expression. Other concerns were raised about possible military intervention in domestic affairs. Historically, when the military feels the government is moving away from secularism toward a religious government, the military has stepped in and changed the government. This influence and subtle control of the military from behind the scenes is something that must be overcome if Turkey is to continue to democratize. Another important issue discussed at the briefing was the developing situation between the US and Iraq. Both Akyüz and Yurdatapan voiced concern about the adverse effects of war on Turkey. They were quick to point out that the Gulf War is still very fresh in Turkey’s memory. The Gulf War burdened Turkey with economic downturn and recession, as well as political and humanitarian problems with the Kurds. The Turkish people are very concerned that a new war would have similar effects, severely damaging Turkey’s aspiration for EU accession. If indeed there is a war, Turkey hopes to receive substantial compensation from the United States for economic losses. No one said what exactly Turkey will look like in the next four years, but progress and stability during that period are real possibilities. Yet, the concerns are strong and legitimate due to the several factors on which Turkey’s future depends. 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 Commission intern Shadrach Ludeman contributed to this article.

  • Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization

    The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another milestone, perhaps less widely noticed: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE)*, which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the now 55-nation organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. Each of the OSCE participating States, including those examined in this report, has committed to “build, consolidate and strengthen democracy as the only system of government of our nations.” Similarly, the participating States have declared that “human rights and fundamental freedoms are the birthright of all human beings, are inalienable and are guaranteed by law. Their protection and promotion is the first responsibility of government. Respect for them is an essential safeguard against an over-mighty State.” In a step designed to preserve the unity of the Helsinki process, each new participating State submitted a letter accepting in their entirety all commitments and responsibilities contained in the Helsinki Final Act, and all subsequent documents adopted prior to their membership (see Appendix I). To underscore this continuity, the leaders of each of the countries signed the actual original Final Act document (see Appendix II).

  • Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization

    The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another milestone, perhaps less widely noted: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE), which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. This report conducts a review of Eastern European and Eurasian countries' records on these commitments over the course of the decade following the Soviet Union's collapse.

  • Turkey: After the Election

    Mr. Donald Kursch, Senior Advisor of the Commission on Security and Cooperation in Europe, on behalf of Chairman Hon. Campbell and Co-Chairman Hon. Smith, moderated this briefing on  Turkey's post-election future. The briefing promoted the U.S. partnership with Turkey in the post-election environment. The elections had all the characteristics of what could be described in the United States as political earthquake. New political forces, led by Mr. Recep Erdogan's Justice and Development Party (AK Party), had won a decisive victory, while long-term fixtures on the Turkish political scene had been obliged to relinquish political power. The process in which these changes have taken place appeared to be totally consistent with the fundamental principles of democracy that both Turkey and the United States strongly endorse, yet the changes were so sweeping that the Commission also felt the need to make a special effort to determine their meaning for Turkey and its future relationship with US. Mr. Kursh was joined by Mr. Abdullah Akyuz, Mr. Sanar Yurdatapan, and Mr. Jonathan Sugden, an expert on Turkish affairs with Human Rights Watch.

  • Turkey: What Can We Expect After the November 3 Election?

    This briefing addressed the November 3 elections, which were held during a rather turbulent time in Turkey. Turkey’s Justice and Development Party (AKP) led by Recep Tayyip Erdogan, a former mayor of Istanbul, won an unprecedented 34.27 percent of the votes in Turkey’s legislative election while the Republican People’s Party (CHP), led by Deniz Baykal, received 19.39 percent of the votes and won 178 seats in the next Parliament. Witnesses testifying at this briefing – including Abdullah Akyuz, President of the Turkish Industrialist’s and Businessmen’s Association, U.S. Representative Office; Sanar Yurdatapan, Musician and Freedom of Expression Advocate; and Jonathan Sugden, Researcher for Turkey with Human Rights Watch – addressed the massive recession face by Turkey and the concern of another war with Iraq. The effect, if any, on the rise of Islamist parties in Turkish politics is yet another concern. All of this following the recent snub by the European Union regarding Turkish accession, and increasingly bleak prospects for a resolution of the Cyprus impasse.

  • Prospects for Change in Turkey

    Mr. Speaker, I wish to extend my congratulations to the people of Turkey for their elections held on November 3. Witnessing the peaceful change of government is a change that is significant for both Turkey's citizens and for their neighborhood. Many of Turkey's neighbors need to see that such a transfer of power is possible, for the people of these countries have for too long suffered under the illusion that they must live with their repressive regimes that maintain power through undemocratic means.   It is also important to keep in mind that the Turks, seen by some as a model for the countries of Central Asia, are not new kids on the block--former President Demirel was an original signer of the 1975 Helsinki Final Act. As Co-Chairman of the Commission on Security and Cooperation in Europe (the Helsinki Commission), I have followed closely the developments in Turkey . With a particularly keen interest in the protection of human rights which has such an impact on the lives of individual men, women and children, I continue to be concerned about the ongoing use of torture, violations of religious freedom and threats to civil society.   Through the ballot box, the Justice and Development Party, known as the AKP, received 34.3 percent of the vote, giving them a clear majority of 363 seats in the 550-seat Turkish Grand National Assembly. This entitles the AKP, led by former Istanbul Mayor Recep Tayyip Erdogan, to govern without sharing political power. He will not be without challenges to his authority though.   On November 8, the anniversary of the death of the Turkish reformer Kemal Ataturk, General Hilmi, Ozkok issued a statement vowing "to protect the republic against all types of threats, especially fundamentalism and separatist activities,'' reiterating strongly the military's view of itself as the historical guarantor of Turkey's secular system. Mr. Speaker, while the transition appears peaceful, it is not without its strains and stresses, even with the potential of the military stepping in like it has done repeatedly in the past. We can only hope that is not the outcome of this transition.   As an original participating State of the Organization for Security and Cooperation in Europe (OSCE), Turkey has accepted a broad range of human rights obligations. As head of the U.S. delegation to the OSCE Parliamentary Assembly, I have worked with my parliamentary colleagues from Turkey to encourage protection for these commitments. With a new government not obligated to continue the ways of the old, there is a welcome opportunity for such initiatives to be undertaken.   There are a few specific matters that I urge the incoming government to address without delay. Four Kurdish members of the Grand National Assembly have been in prison since March 1994. I call upon the new government to free Layla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak and remove the trumped-up charges from their records. They were convicted for, among other things, speaking their mother tongue in and out of the parliament building. As Mr. Erdogan himself has said, such convictions should not stand.   Also, past efforts to return the hundreds of thousands of internally displaced Kurds to their homes in southeastern Turkey have proven ineffectual. The government should take concrete steps to ensure that refugees are allowed to return to their own homes in safety and dignity, which may well require the clearing of land mines and repairing of villages.   Mr. Speaker, without reciting the lengthy list of Turkey's human rights violations, including the use of torture, it is fair to say that Turkey's record of implementation of OSCE human dimension commitments remains poor. While progress has been made, the authority of police officials must be checked by the rule of law. All claims of torture must be seriously investigated, no matter where the investigation leads. It is important that anyone who commits torture--especially police, the security forces or other agents of the state--must be taken to court and tried for high crimes. The Forensic Medical Association should be allowed to carry out its professional responsibilities and act without fear in its attempts to document torture. Victims of torture should be paid due recompense by the state.   I am very concerned about the continuing difficulty no-governmental organizations face throughout Turkey, particularly the Human Rights Foundation of Turkey. The Human Rights Foundation exists in an uncertain environment, with arbitrary shutdowns and having its officials harassed, intimidated or arrested. Property has been seized and not returned.   Religious freedom in Turkey, whether for Muslims or other religious communities, had suffered from heavy-handed government involvement and control. The government allows Turkish Muslims to only attend state-approved mosques, listen to state-funded Imams, and receive religious education from state-funded schools. The Directorate of Religious Affairs, which regulates all of Turkey's 75,000 mosques and employs Imams, has been criticized for only promoting Sunni branch of Islam. I would encourage the new government to bring to a close its regulation of all religious institutions.   The wearing of headscarves has also been regarded as quite controversial since it is seen as a religious totem in a secular state. Women who choose this expression of religious conviction are denied the ability to attend state-run universities and work in public building, including schools and hospitals. The public sharing of religious belief in Turkey with the intent to persuade the listener to another point of view is severely curbed for both Muslims and Christians. A number of evangelical Protestant groups throughout Turkey have reported being targeted because of their religious free speech, which contradicts OSCE commitments on religious liberty and freedom of expression.   Turkey's Office of Foundations has contributed its own difficulties for faith communities, as it has closed and seized properties of "official'' minority religious groups and unrecognized faith communities. Several religious groups, most notably the Armenian Apostolic and Greek Orthodox churches report difficulties, particularly on the local level, in repairing and maintaining existing buildings or purchasing new buildings. The continued closure of the Orthodox seminary on Halki Island remains a concern.   Furthermore, religious groups not considered "official minorities'' under the Lausanne Treaty are provided no legal route to purchase or rent buildings to meet, and are thereby forced to hold meetings in private apartments. In response, provincial governorships, after receiving a letter from the Ministry of Internal Affairs last year, have initiated efforts to close these meeting places, leaving the smaller Protestant communities without any options. The lack of official recognition is an insurmountable hurdle for minority religious groups wishing to practice their faith as a community.   Turkey is at a critical crossroads. I am hopeful that the new government will take this opportunity to move forward, and craft policies which are consistent with OSCE commitments and protective of all peoples living in Turkey.

  • Human Rights and Inhuman Treatment

    As part of an effort to enhance its review of implementation of OSCE human dimension commitments, the OSCE Permanent Council decided on July 9, 1998 (PC DEC/241) to restructure the Human Dimension Implementation Meetings periodically held in Warsaw. In connection with this decision - which cut Human Dimension Implementation Meetings from three to two weeks - it was decided to convene annually three informal supplementary Human Dimension Meetings (SHDMs) in the framework of the Permanent Council. On March 27, 2000, 27 of the 57 participating States met in Vienna for the OSCE's fourth SHDM, which focused on human rights and inhuman treatment. They were joined by representatives of OSCE institutions or field presence; the Council of Europe; the United Nations Development Program;  the United Nations High Commissioner for Refugees;  the International Committee of the Red Cross; and representatives from approximately 50 non-governmental organizations.

  • Human Rights and Security Issues in the Republic of Georgia

    Mr. Speaker, on September 24, the Helsinki Commission held a hearing on democracy, human rights and security in the Republic of Georgia. Despite the progress that country has made in the development of civil society, in the last few years much of the optimism about Georgia's future has dissipated. Last year, a Georgian official devoted a large part of his public address in Washington to refuting the notion--which was being discussed at the time--that Georgia is a "failed state.'' I reject that characterization, but the hearing offered a good opportunity to discuss the serious problems Georgia does face.                                                Preeminent among them is systemic, rampant corruption, which has impeded economic reforms and sickened the body politic. Despite lectures from the International Monetary Fund, the World Bank and the U.S. Government, the Georgian Government has proved incapable or unwilling to do what is necessary to stamp out this multidimensional problem--even though President Shevardnadze himself has called corruption a threat to Georgia's security. There are also grounds for concern about democratization. The last few elections have clearly not met OSCE standards, which raises questions about the important parliamentary election scheduled for 2003, and the 2005 presidential election that will usher in the post-Shevardnadze era in Georgia, with all the attendant uncertainties. Meanwhile, the media and NGOs have been under severe pressure. Last fall, a foolish ploy by the Ministry of Internal Affairs to intimidate Rustavi-2 Television backfired, resulting instead in the fall of the government. While society's response was heartening--thousands of people came out into the streets to defend the station--the attempt to silence one of the country's most popular media outlets indicated that some Georgian officials are still mired in Soviet patterns of thinking. Especially appalling is the ongoing religious violence in Georgia. Since 1999, there has been a campaign of assaults against members of minority faiths, especially Jehovah's Witnesses, which Georgian authorities have tolerated. Occasionally, policemen have even participated in attacks on defenseless men, women and children who have congregated for the purpose of worship. Attempts to bring the perpetrators to justice have foundered, as throngs of fanatics hijack the trial proceedings. If such travesties are allowed to continue, the country's entire judicial system is at risk of falling victim to mob rule. Though Jehovah's Witnesses have borne the brunt of this savagery, other religious minorities have suffered as well, including Baptists, Pentecostals and Catholics. Earlier this year, for example, a mob invaded a Baptist warehouse, threw the religious literature outside and burned it. How awful to think that events in Georgia today remind us of Germany in the 1930s! Georgians have a long tradition of religious tolerance, of which they are rightly proud. It is all the more puzzling, therefore, why religiously-based violence has erupted and continued only in Georgia, of all the post-Soviet states. The leadership of the Helsinki Commission and other Members of the House and Senate have been in correspondence with President Shevardnadze about this disturbing trend. He has assured us that the problem will be corrected and the perpetrators arrested. Georgia's Ambassador, Levan Mikeladze, testified at the September 24 hearing and suggested that Georgia has so little experience with religious persecution that it has been difficult to cope with its sudden emergence. He too offered assurances that Georgia fully recognizes the gravity of the problem and that legal and practical actions are being taken to ensure there will be no more violent attacks. Alas, extremists in Georgia must not have been listening. Since the September 24 hearing, more assaults have taken place. The next day, some 15 extremists of the ultra-Orthodox "Jvari'' organization in Rustavi forcibly entered a private home where Jehovah's Witnesses and their non Witness guests had gathered for Bible study. Two Witnesses and one non-Witness visitor were physically assaulted. On September 26, in the village of Napareuli, masked men with firearms burst into a private home where meetings were underway, beating those in attendance and ransacking the house. Most striking, eyewitnesses claim the attack was led by the village administrator, Mr. Nodar Paradashvili, who beat one of the victims into unconsciousness. In a third incident, on September 29, a mob gathered outside the residence of a Jehovah's Witnesses in Tbilisi. They refused to let others enter the premises where a meeting was to be held, seized Bibles and literature from the group, verbally abusing those arriving for the meeting and assaulting at least one person. In all three cases, police reportedly refused to intervene after learning that the incidents involved attacks on Jehovah's Witnesses--as has often been the case in Georgia. Mr. Speaker, there may be many explanations for this peculiar phenomenon but there can be no excuse for state toleration of such barbarity. It must end, and it must end now. Though such attacks have been one reason for Georgia's prominence in the news lately, more attention has been focused on Moscow's campaign of intimidation against Georgia. Russia has been leaning on pro-Western, strategically-located Georgia for years, but the temperature has in the last few weeks approached the boiling point. President Putin's request for United Nations backing for Russian military action against Georgia was not any less objectionable for having been anticipated. I have been watching with growing alarm as Russia ratchets up the pressure on its small neighbor. Georgian parliamentarians on September 12 unanimously approved an appeal to the United Nations, the OSCE, the European Union, the Council of Europe, and NATO for protection from anticipated Russian military aggression. Georgian lawmakers should know that their American colleagues have heard their appeal and stand with them. While we are cooperating with Russia in the war against terrorism, we have in no way given Moscow leave to attack Georgia, nor will we do so. The United States is now more than ever directly engaged in the Caucasus and is stepping up military cooperation with the region's governments, especially Georgia. While we have many issues of concern to raise with Georgia's Government, when it comes to Georgia's sovereignty and territorial integrity, there is no more ardent supporter than the United States. That has been the case for the last ten years, and it will be the case in the future as well.

  • Introduction of Belarus Democracy Act

    Mr. Speaker, I am introducing today the Belarus Democracy Act of 2002, which is intended to help promote democratic development, human rights and the rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus’ sovereignty and independence. When measured against other European countries, the state of human rights in Belarus is abysmal – it has the worst record of any European state. Through an illegitimate 1996 referendum, Alexander Lukashenka usurped power, while suppressing the duly-elected legislature and the judiciary. His regime has blatantly and repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The fledgling democratic opposition, non-governmental organizations and independent media have all faced harassment. There are credible allegations of Lukashenka regime involvement in the disappearances – in 1999 and 2000 – of opposition members and a journalist. There is growing evidence that Belarus is a leading supplier of lethal military equipment to rogue states. A draft bill is making its way in the Belarusian legislature that would restrict non-traditional religious groups. Several days ago, on June 24, two leading journalists were sentenced to two and 2 ½ years, respectively, of “restricted freedom” for allegedly slandering the Belarusian President. Despite efforts by Members of Congress, the Helsinki Commission which I co-chair, the State Department, various American NGOs, the Organization for Security and Cooperation in Europe (OSCE) and other European organizations, the regime of Alexander Lukashenka continues its hold onto power with impunity and to the detriment of the Belarusian people. One of the primary purposes of this bill is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the formidable pressures they face from the anti-democratic regime. The bill authorizes increases in assistance for democracy-building activities such as support for non-governmental organizations, independent media – including radio and television broadcasting to Belarus, and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards – in sharp contrast to recent parliamentary and presidential elections in Belarus which most assuredly did not meet democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country’s self-imposed isolation. In addition, this bill would impose sanctions against the Lukashenka regime, and deny high-ranking officials of the regime entry into the United States. Strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. The bill would require reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states. Mr. Speaker, finally, it is my hope that this bill will help put an end to the pattern of clear, gross and uncorrected violations of OSCE commitments by the Lukashenka regime and will serve as a catalyst to facilitate Belarus’ integration into democratic Europe in which democratic principles and human rights are respected and the rule of law prevails.

  • Developments in the Chechen Conflict

    Since renewal of the Chechen war in late 1999, the conflict has been characterized by brutality and violations of human rights on both sides, especially on the part of the Russian military with its greater firepower. Hundreds of Chechens, especially males of military age, have been killed or have disappeared as a result of Russian military “sweeps.” An estimated 150,000 – 200,000 civilians have been forced to relocate to neighboring refugee camps. Moscow contends that the war in Chechnya is an integral part of the war against international terrorism, and the U.S. Government has confirmed links between some insurgents in Chechnya and “various terrorist organizations and mujahidin.” The U.S. Government has called upon Chechnya’s leadership to “immediately and unconditionally cut all contacts with international terrorist groups,” while calling for “accountability for human rights violations on all sides” and a political solution to the conflict.

  • Commission Staff Observes Ukrainian Elections

    By Orest Deychakiwsky, CSCE Staff Advisor United States Helsinki Commission staff observed the March 31, 2002 parliamentary elections in Ukraine as part of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly contingent of the OSCE-led International Election Observation Mission (IEOM). Half of the deputies to the 450-member parliament were elected from party lists and the other half from single-mandate districts. Six parties passed the 4 percent threshold necessary to be seated in the party list vote, with reformist former Prime Minister Viktor Yushchenko’s Our Ukraine bloc winning the most votes. In the single-mandate district voting, the pro-presidential For United Ukraine bloc obtained the largest number of seats. Both the OSCE and the U.S. State Department concluded that the March 31 elections indicated progress over the 1998 elections, but “important flaws persist.” In its April 1 press conference in Kyiv, the IEOM declined to prepare a final analysis before post-election procedures are concluded, and promised to return to Ukraine within a month to follow up, after watching how election authorities and the judiciary perform while tabulating and publishing results and adjudicating disputes. Positive elements cited included a new Election Law that took into account OSCE/ODIHR recommendations from previous elections; improvements in the mechanism to address election disputes, with clearer complaint and appeals procedures; multi-party commissions; the engagement of civil society in the electoral process; and greater access by candidates and parties to the media through TV debates, free air time and paid advertising. On the negative side, media coverage was biased and state-funded television gave disproportionate coverage to pro-presidential candidates. Other problem areas included abuses of state resources in the election campaign, interference by local authorities, and a campaign sullied by the murders of two candidates, and other isolated instances of violence, including one just a few days before the elections. Compared to previous elections, the level of pressure by government officials and workers to campaign in support of the main pro-presidential party, including direct pressure on individuals to vote for specific candidates, had significantly increased. The abuse of state resources created an uneven playing field and the main beneficiary of such violations was the pro-presidential bloc For a United Ukraine. Despite these advantages, pro-presidential parties did not do all that well in the party-list vote, and several did not even surpass the four percent threshold required for inclusion in the Verkhovna Rada (parliament). Furthermore, the two opposition parties garnered more votes than expected, securing for themselves seats in the new parliament. According to the IEOM, there were also shortcomings in the implementation of the legal framework, including uneven enforcement of provisions on violations of electoral rights, the lack of deadlines, and clear definitions regarding candidate de-registration and campaigning. According to the OSCE experts, these weaknesses derived from the inability of the Rada and the President to agree on amendments to the Administrative Code, so, in effect some of the positive provisions of the Election Law could not be enforced. Another problem was the lack of reliable voter lists – outdated information, including voters who had moved to other districts, left the country, or are deceased – and the widespread practice of issuing absentee ballots to voters unrelated to their place of residence. Voter lists may be amended up until election day; however, voters cannot be included in the registers of their place of residence on election day without a judicial decision. Voters were added to registers and allowed to vote – without the required court order– in about one third of polling stations visited by international observers. Voting day During the polling on voting day, the most serious problems were violations of the secrecy of the vote and voters added to registers in apparent contravention of the law. OSCE staff observed the elections in Lviv oblast in western Ukraine. Most polling stations visited by Commission staff were run efficiently, in a calm atmosphere, and commission members seemed hard-working and dedicated. Furthermore, there were numerous party, candidate and domestic observers. In a minority of polling stations staff witnessed incompetence, chaos, overcrowding, inadequate facilities – usually premises that were much too small and had an inadequate number of voting booths. Overcrowding was responsible for the violation most frequently observed – voting outside of booths – but there appeared to be no element of intimidation here. Instead, voters simply did not feel like waiting in long lines. According to the non-partisan domestic observer group Committee of Voters of Ukraine (CVU), 15 % of voters were unable to vote due to overcrowding or poor facilities. Also, CVU estimated that one third of precincts were not able to conduct the elections in an organized manner. Despite the uneven playing field and violations with respect to the vote tabulations in a number of single-mandate constituencies, generally, the elections reflected the will of the voters. The actual results did not differ significantly from the results of several exit polls. Results and What Next The results indicate a country divided into three broad political orientations. Our Ukraine, the center-right, pro-reform, pro-Western coalition headed by Yushchenko, took the most seats in the party-list vote. The Communists garnered 20 percent of the party-list vote, clearly indicating their continued downward trend with each passing election. For the first time since Ukraine became independent in 1991, they will not constitute the largest political grouping in the Rada. In third place in the party-list vote was the pro-presidential For a United Ukraine, which had benefitted the most from the authorities’ abuses of state resources in the campaign. This bloc, however, had a strong showing in the single-mandate district voting, and will almost certainly end up with the largest number of overall deputies, especially as their numbers will be expanded with those who ran as “independents.” No one political grouping will have a viable majority in parliament; hence, will need to make concessions with other groupings to act. The pro-presidential For a United Ukraine may be compelled to team up with Yushchenko’s Our Ukraine to form a government and pass pro-reform legislative initiatives. With this kind of political configuration, shifting alliances may be more likely than any kind of solid coalition. As a result, cautious moves towards economic and political reform rather than sweeping changes are more likely. Nevertheless, judging by the results, the Ukrainian people are increasingly endorsing a pro-European, pro-market, pro-democratic orientation.

  • Ukraine Elections Resolution

    Mr. President, today the Senate, with bipartisan support, moves to consider S. Res. 205, a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31 parliamentary elections. I appreciate Chairman Biden and Senator Helms’ support in committee and the leadership for ensuring timely consideration of this important resolution. In adopting S. Res. 205, the United States Senate expresses interest in, and concerns for, a genuinely free and fair parliamentary election process which enables all of the various election blocs and political parties to compete on a level playing field. While expressing support for the efforts of the Ukrainian people to promote democracy, rule of law, and human rights, the resolution urges the Ukrainian government to enforce impartially the new election law and to meet its OSCE commitments on democratic elections. I want to underscore commitments undertaken by the 55 OSCE participating States, including Ukraine, to build consolidate and strengthen democracy as the only form of government for each of our nations. Mr. President, the Commission on Security and Cooperation in Europe, the Helsinki Commission, which I chair 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. A recent Commission briefing on the parliamentary elections brought together experts to assess the conduct of the campaign. High level visits to Ukraine have underscored the importance the United States attaches to these elections in the run up to presidential elections scheduled for 2004. As of today, with less than two weeks left before the elections, it remains an open question as to whether the elections will be a step forward for Ukraine. Despite considerable international attention, there are credible reports of various abuses and violations of the election law, including candidates refused access to media, the unlawful use of public funds and facilities, and government pressure on certain political parties, candidates and media outlets, and a pro-government bias in the public media. Ukraine’s success as an independent, democratic, economically successful state is vital to stability and security and Europe, and Ukraine has, over the last decade, enjoyed a strong relationship with the United States. This positive relationship, however, has been increasingly tested in the last few years because of pervasive levels of corruption in Ukraine and the still-unresolved case of murdered investigative journalist Georgiy Gongadze and other issues which call into question the Ukrainian authorities’ commitment to the rule of law and respect of human rights. Mr. President, Ukraine enjoys goodwill in the United States Senate and remains one of our largest recipients of U.S. assistance in the world. These elections are an important indication of the Ukrainian authorities’ commitment to consolidate democracy and to demonstrate a serious intent regarding integration into the Euro-Atlantic community. Thank you, Mr. President.

  • Kyrgyzstan's Release of Azimbek Beknazarov

    Mr. Speaker, yesterday authorities in Kyrgyzstan released Azimbek Beknazarov, a parliamentarian who had been in jail since January 5. The decision was made after disturbances in the Ak-Su District of Jalal-Abad, Mr. Beknazarov’s native region in southern Kyrgyzstan. In an unprecedented outburst of violence on March 17, six people were killed and scores wounded when police opened fire on demonstrators. Mr. Beknazarov has pledged not to leave the area and his trial has been postponed indefinitely while the authorities and the public catch their breath and reassess the situation.   The incident and the events leading up to it are alarming--not only for Kyrgyzstan but for the United States, which is now basing troops in the country and expects to be in the region for the foreseeable future. Despite attempts by some Kyrgyz officials to pin the blame on a mob of demonstrators fired up by alcohol, the real cause of the bloody riot was popular discontent with an unresponsive government reaching the boiling point.   Kyrgyz authorities have accused Mr. Beknazarov of improperly handling a murder case when he was an investigator in a district prosecutor’s office years ago. In fact, it is widely believed that Beknazarov’s real transgression was to suggest that Kyrgyzstan’s parliament discuss the country’s border agreement with China, which would transfer some territory from the tiny Central Asian state to its giant neighbor.   This is reflective of Akaev’s intensified efforts to consolidate his power while cracking down on dissent and opposition. In February 2000, President Akaev rigged the parliamentary election to keep his main rival--Felix Kulov, who had served as Vice President and in other high-level positions--from winning a seat in the legislature. The observation mission of the Organization for Security and Cooperation in Europe (OSCE) openly questioned the results in Kulov’s district, and said the election had fallen far short of international standards. Subsequently, Kulov was arrested and could not participate in the October 2000 presidential election, in which Akaev faced no serious contenders and was easily re-elected.   Kulov is serving a 7-year jail term and now faces new criminal charges. Amnesty International considers him a political prisoner. Last December I chaired a hearing of the Helsinki Commission which focused on the deterioration of human rights in Kyrgyzstan. Mr. Kulov’s wife was able to attend the hearing and offered her perspective on the current political climate in her country.   The independent and opposition media in Kyrgyzstan have also been under severe pressure, usually in the form of libel cases which official authorities use to fine newspapers out of existence so they cannot report on corruption. In January 2002, the authorities issued Decree No. 20, which would introduce mandatory official inventory and government registration of all typographical and printing equipment, while imposing stricter controls on its imports. Decree No. 20 would also threaten U.S. Government plans to establish an independent printing press in Kyrgyzstan. Furthermore, the decree will be used against religious groups, both Muslim and Christian, by blocking their ability to produce religious material and by calling for an “auditing” of all religious communities that create publications. While the pretext of the decree is to combat “religious extremists,” the decree has clear implications for religious communities out of favor with the government, as well as with opposition groups. The State Department has urged Kyrgyzstan to repeal Decree No. 20 but so far, Bishkek has stubbornly refused.   So when legislator Azimbek Beknazarov was arrested on January 5, his colleagues in parliament, members of opposition parties and human rights activists reacted strongly to the latest step in an ongoing campaign to clamp down on civil society. Since January, hundreds of people, including parliamentarians, have gone on hunger strikes to demand his release. Protests and demonstrations have continued throughout, which the police have either ignored or roughly dispersed. The U.S. Government, the OSCE and international human rights groups have called for Beknazarov’s release, but President Akaev, hiding behind the fig leaf of “executive non-interference in judicial deliberations,” contends that the case must be decided by the courts. His position is an absurd pretense in a country where the courts are under state influence, especially in sensitive political cases. More to the point, this stance is simply no longer credible, considering the widespread belief that Beknazarov’s imprisonment was politically motivated and the public’s lack of confidence in the government’s good faith.   Finally, pent-up tensions exploded two days ago, when demonstrators and police clashed, with tragic consequences. Kyrgyz officials have accused organizers of unauthorized pickets and rallies of responsibility for the violence. In an address to the nation, President Akaev described the events as “an apparent plot [in which] a group of people, including prominent politicians, staged unauthorized mass rallies simultaneously.” He said the events were “another move in the targeted activities of opposition forces to destabilize the situation in the country. They have been engaged in these activities for the last few years.”   Mr. Speaker, I would contend that the riots in Jalal-Abad Region were the predictable outcome of frustration and desperation. Askar Akaev, by falsifying elections and repressing freedom of expression, has made normal politics impossible in Kyrgyzstan. A long-suffering populace, which has seen its living standard plummet while corrupt officials grow rich, has signaled that enough is enough. The authorities have heard the message and now have to make a critical decision: either to try to find a common language with society or to crack down. If they choose the former, Kyrgyzstan may yet realize its promise of the early 1990s; if they choose the latter, more confrontations are likely, with unpredictable ramifications for Kyrgyzstan and its neighbors.   The United States has a real stake in the outcome. We are in Central Asia to make sure terrorists cannot use the region to plan attacks on us or recruit new members. But all the region’s states are led by men determined to stay in power indefinitely. This means they cannot allow society to challenge the state, which, in turn, insures that discontented, impoverished people with no other outlets could well be attracted by radical ideologies.   We must make it plain to President Akaev that we are serious when we declare that our war on terrorism has not put democracy and human rights on the back burner. And we must insist that he implement his OSCE commitments, as well as the pledge he made in last month’s bilateral Memorandum of Understanding with the United States. That document obligates Kyrgyzstan to “confirm its commitment to continue to take demonstrable measures to strengthen the development of democratic institutions and to respect basic human and civil rights, among which are freedom of speech and of the media, freedom of association and public assembly, and freedom of religion.”   The events earlier this week have given us a wake-up call. We had better understand properly all its implications.

  • Re-Registration Campaign Denying Religious Freedom in Azerbaijan

    Mr. Speaker, the ongoing re-registration campaign for religious organizations conducted by the State Committee for Relations with Religious Organizations, headed by Chairman Rafik Aliev potentially violates Azerbaijan’s commitments to religious freedom as a participating State in the Organization for Security and Cooperation in Europe (OSCE). Azerbaijan must take steps commensurate with its commitments under the Helsinki Final Act and subsequent OSCE documents to ensure the freedom of the individual to profess and practice their religion or belief, alone or in community with others. The State Committee, created last year to replace the Religious Affairs Directorate, has broad administrative powers, which Chairman Aliev seems willing to utilize in an attempt to ban minority religious communities through denial of legal registration. Recent reports indicate that of the 407 religious groups previously registered, only approximately 150 are currently under consideration for re-registration by the State Committee. An additional 200 organizations were unsuccessful in their initial application due to technical errors and were asked to resubmit these requests. While I am pleased that 80 groups have been approved, reportedly most are Muslim, I hope that the State Committee is not specifically discriminating against minority faiths or religious groups. Despite the extension of the re-registration deadline to the end of March, there is legitimate concern that groups will be arbitrarily denied registration, and thereby legal status, despite fulfilling all requirements. In addition, although this is the third registration campaign since 1991, reportedly about 2,000 more religious groups remain unregistered. Recently, a senior official at the State Committee declared unregistered groups will be closed down. The fear that the State Committee will refuse to register religious groups for arbitrary reasons is supported by several statements from Chairman Aliev himself. For instance, he declared the State Committee hoped to introduce more stringent regulations to govern both religious organizations and individuals. He also said the State Committee can request a court to suspend activities of any religious organization conducting activities deemed illegal or found to undermine national security. The State Committee has also limited the ability for religious communities to import religious material. Reportedly, Chairman Aliev also stated “religious organizations must be controlled” and that “religion is dangerous.” This flies in the face of President Heydar Aliyev’s November 1999 public statements supporting religious freedom in Azerbaijan. Also of concern are the heavy-handed actions against religious groups by Azeri Government officials and police officers. For example, on January 18, 2002, National Security Ministry officers raided an unregistered Protestant church, Living Stones, which was meeting in a private apartment. The police and security officers searched the residence and seized religious literature. Ten individuals who were attending the meeting were taken into custody, transferred to a police station and interrogated. While eight individuals were released, two church leaders, Yusuf Farkhadov and Kasym Kasymov, were given two-week prison sentences for violating Article 310 of the Administrative Code, which addresses “petty hooliganism.” The reported justification for the raid was that the church is not registered. However, Living Stones had attempted to register with the government, but only after one and a half years of waiting did the government decide their application contained errors and must be resubmitted. In addition, the church is listed as a branch of the Nehemiah Protestant Church, which is registered. Many other religious communities are also concerned. It is feared the Ashkenzai Jewish community will not be successful in registering, because the State Committee is favoring a separate Jewish group. The liquidation suit brought by Chairman Aliev against the Love Baptist Church in the Narimanov district court continues to drag on. Liquidating the church due to alleged statements by its pastor is a disproportionate penalty and contravenes OSCE commitments. Illegal closures of churches by local officials, as in the case of the Gyanja Adventist Church on February 24, 2002, have not been halted by the State Committee. The closure of mosques under the pretext of state security is also a concern, as the government could ban unpopular groups, despite no proof of illegal activity. The Helsinki Final Act commits that “the participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” Mr. Speaker, I urge President Aliyev to ensure that the re-registration process is accomplished in accordance with Azerbaijan’s OSCE commitments. In light of statements by Chairman Aliev, it is apparent the State Committee is perverting the re-registration process to arbitrarily deny legal registration to selected religious communities. The government must take the necessary steps to protect the right of individuals to profess and practice their faith by registering religious organizations, in keeping with Azerbaijan’s commitments as a participating OSCE State. In closing, Mr. Speaker, I am greatly alarmed by the re-registration campaign in Azerbaijan. This being the third time in a decade the government has required registration, it would seem Azerbaijan will continually “sift” minority religious groups until all are made illegal. Therefore, it is my hope that the Azeri Government will choose to honor its OSCE commitments and allow religious communities to register without harassment or bureaucratic roadblocks. Members of Congress will be watching to see if groups highlighted in this statement are harassed because of their mention.

  • Resolution Urging Ukraine to Ensure a Democratic, Transparent and Fair Election Process

    Mr. Speaker, today the House moves to the timely consideration of H. Res. 339 which urges the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31, 2002 parliamentary elections. I’d like to thank Mr. Armey for his commitment to schedule consideration of this measure this week. I was pleased to be an original cosponsor of the resolution which acknowledges the strong relationship between the United States and Ukraine, urges the Ukrainian Government to enforce impartially its new election law, and urges the Ukrainian Government to meet its OSCE commitments on democratic elections. I strongly encourage my colleagues to support this measure. The Helsinki Commission, which I co-chair, has a longstanding record of support for human rights and democratic development in Ukraine. Commission staff will be going to observe and report on these elections, as they have for virtually every election in Ukraine since 1990. The stakes in the Ukrainian elections are high – both in terms of outcome and as an indication of the Ukrainian Government’s commitment towards democratic development and integration into Europe.   Mr. Speaker, I think it is important to underscore the reason for this congressional interest in Ukraine. The clear and simple reason: an independent, democratic, and economically stable Ukraine is vital to the stability and security of Europe, and we want to encourage Ukraine in realizing its own often-stated goal of integration into Europe. Despite the positive changes that have occurred in Ukraine since independence in1991, including the economic growth over the last two years, Ukraine is still undergoing the difficult challenge of transition. The pace of that transition has been distressing, slowed by insufficient progress in respect for the rule of law, especially by the presence of widespread corruption which continues to exact a considerable toll on the Ukrainian people.   Another source of frustration is the still-unresolved case of murdered investigative journalist Heorhiy Gongadze. The flawed investigations of this case and the case of another murdered Ukrainian journalist, Ihor Aleksandrov call into question Ukraine’s commitment to the rule of law. There have also been a number of disturbing cases of violence or threats of violence. For instance, 78-year-old Iryna Senyk a former political prisoner and poetess who was campaigning for the pro-reform Our Ukraine bloc, was badly beaten by “unknown assailants.” Such unchecked violence has created an uncertain atmosphere. Most of independent Ukraine’s elections have generally met international democratic standards for elections. The 1999 presidential elections, however, were more problematic, and the OSCE Election Mission Report on these elections asserted that they “failed to meet a significant number of the OSCE election related commitments.”   Mr. Speaker, it remains an open question as to whether the March 31 elections will be a step forward for Ukraine. With less than two weeks until election day, there are some discouraging indications – credible reports of various violations of the election law, including campaigning by officials or use of state resources to support certain political blocs or candidates; the denial of public facilities and services to candidates, blocs or parties; governmental pressure on certain parties, candidates and media outlets; and a pro-government bias in the public media, especially the government’s main television network, UT-1. These actions are inconsistent with Ukraine’s freely undertaken OSCE commitments and undermine its reputation with respect to human rights and democracy. A democratic election process is a must in solidifying Ukraine’s democratic credentials and the confidence of its citizens, and in its stated desire to integrate with the West.   During his visit to Ukraine last week, the President of the OSCE Parliamentary Assembly, Adrian Severin, expressed concern over the mistrust in the electoral process among certain candidates as well as general skepticism as to whether the elections would be truly free and fair and encouraged Ukrainian officials to take measures to address these concerns so as to ensure public trust in the outcome of the election. Mr. Speaker, I ask that the summary of the most recent Long Term Observation Report on the Ukrainian elections prepared by the non-partisan Committee of Voters of Ukraine, be submitted for the Record. I urge unanimous support for this resolution.

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