Title

Escalating anti-Semitic Violence in Europe

Wednesday, May 22, 2002
628 Dirksen Senate Office Building
Washington, DC 20002
United States
Official Transcript: 
Members: 
Name: 
Hon. Ben Nighthorse Campbell
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Christopher Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. George Voinovich
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Hilary Rodham Clinton
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Joseph Pitts
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Steny Hoyer
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Witnesses: 
Name: 
Dr. Shimon Samuels
Title: 
Director
Body: 
Simon Weisenthal Center - Paris
Name: 
Kenneth Jacobson
Title: 
Associate National Director
Body: 
Anti-Defamation League
Name: 
Kenneth Jacobson
Title: 
Associate National Director
Body: 
Anti-Defamation League
Name: 
Kenneth Jacobson
Title: 
Associate National Director
Body: 
Anti-Defamation League
Name: 
Rabbi Andrew Baker
Title: 
Director of International Jewish Affairs
Body: 
American Jewish Committee

While the anti-Semitism scourge lurks in the United States, the sharp escalation of violence against Jews in the OSCE region deserves attention. The most brutal incidents in recent months have occurred in France, Belgium and Germany. Violence has also been directed toward the Jewish community in the United Kingdom, Greece and Ukraine. OSCE participating States have pledged to unequivocally condemn anti-Semitism and take effective measures to protect individuals from anti-Semitic violence.

Despite that commitment, attacks against Jews continue. Two Yeshiva students from New Jersey were assaulted in Germany. A mob attacked Jewish worshipers in a Ukraine synagogue. A gang attacked Jewish high school soccer players in France. Vandals vandalized several synagogues in Russia. A Marseille synagogue burned to the ground and synagogues elsewhere in the OSCE region have suffered firebomb attacks.

Coupled with a resurgence of aggressive nationalism and an increase in neo-Nazi “skin head” activity, participating States throughout the OSCE region face the urgent challenge of stemming the tide of escalating anti-Semitic violence.

  • Related content
  • Related content
Filter Topics Open Close
  • Politically Motivated Arrests in Belarus

    Mr. Speaker, I rise today to decry the growing litany of repressive measures undertaken by the Government of Belarus against the opposition, especially against members of the opposition's Central Electoral Commission (CEC). Earlier this year, the legitimate Belarusian parliament, the 13th Supreme Soviet, disbanded by president Alexander Lukashenka after the illegal constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16 and set up a Central Election Commission to conduct these elections.   According to the 1994 constitution, which most of the international community recognizes as legitimate, Lukashenka's term expires in July. Lukashenka has rejected calls for a presidential election and is clearly attempting to neutralize democratic opposition to his authoritarian rule. The most egregious crackdown in recent weeks was the sentencing of CEC chairman Viktor Hanchar, to 10 days “administrative detention.” Hanchar suffered some injuries when he was detained and treated roughly by police. He was not given access to his lawyer, Hari Pahanyayla, and his wife was not permitted to see him. A few days earlier, on February 25, fifteen members of the CEC were arrested by police in a café where they were meeting and discussing reports from local election commissions. Special police did not have a warrant and prevented the videotaping of the arrest by Russian television. Five-day detentions or heavy fines were meted out to several CEC members, including Boris Gyunter, Anatoly Gurinovich, Sergei Obodovsky, Iosif Naumchik, Algimantas Dzyarginchus, Alexander Koktysh, Nikolay Pohabov, Valery Sidorenko and Leonid Zakurdayev. Additionally, warnings have been issued to several members of regional opposition elections committees, such as Iosif Naumchik in Vitebsk and Sergei Abadowski in Mogilev. According to Radio Liberty, in Zhodzina, Miensk region, local authorities have begun intimidating people who joined or elected opposition regional election commissions. In Gomel, several opposition activists have been summoned and questioned about their role in the organization of the May presidential elections scheduled by the opposition. Police had seized leaflets about these elections at the office of the Gomel branch of the Belarusian Helsinki Committee.   The repression of the opposition's elections committees is part of a longstanding pattern of Lukashenka's assault on democratic institutions and his campaign to stifle dissent in Belarus. On February 14, 20 students were arrested by police in Miensk for violating street demonstration laws. Among them, Yevgeny Skochko was sentenced to 10 days in jail, Victor Antonov to 5 days in jail, and Kazimir Kuchun and Ilya Banel were fined. Other opposition activists in Gomel and Borisov have been tried for unsanctioned demonstrations over the last few months. Two young workers in Gomel, for instance, were sentenced to 3 days administrative detention for holding an unsanctioned march. According to Reuters, the men were returning from a disco late in the evening and waving banners, which they were bringing home to wash. Earlier in the month, on February 5, members of the human rights movement Charter '97 were attacked and beaten in Miensk by members of the fascist Russian National Unity party. Andrei Sannikov, the Charter's international coordinator and former deputy foreign minister of Belarus was beaten unconscious. According to the International League for Human Rights a few days later, President Lukashenka trivialized the incident on Belarusian television, saying: “They say that some fascists have appeared in Miensk and have beaten somebody up. Do you know who they have beaten? Other fascists.” On February 27, several thousand marchers participated in a peaceful anti-fascist demonstration in Miensk. Organizers of the demonstration, Ales Bilyatsky who was sentenced to 10 days administrative detention and Oleg Volchek who was given a stiff fine, were cited for committing administrative offenses.   In late January, Lukashenka signed a decree ordering political parties, public organizations and trade unions to re-register during the period February 1 and July 1. The re-registration process includes a variety of onerous stipulations which would have the effect of weakening the NGOs and political parties. On February 17, the Lukashenka-controlled State Press Committee threatened six independent newspapers with closure if they continued to publish information about the opposition's presidential election plans in May, charging them with “calling for the seizure of power in Belarus.” On March 2, police searched the offices of one of the six independent newspapers, “Pahonya” in Hrodno, confiscating political cartoons and letters from readers.   Clearly, political tensions are increasing in Belarus, and the divide between the authoritarian president and the democratic opposition is widening. Mr. Lukashenka and his minions should cease and desist their campaign to harass journalists, to drain and demoralize individuals and organizations in the opposition through administrative fines and detentions, and to forcefully squelch the right to the freedoms of expression and of assembly. Continued harassment of the opposition will only aggravate the current constitutional crisis in Belarus and most certainly will not serve to promote reconciliation between the government and opposition. Mr. Speaker, it is imperative that the international community continue to speak out on behalf of those whose rights are violated, and that we continue to support the restoration of democracy and rule of law in Belarus.

  • Politically Motivated Arrests in Belarus

    Mr. Speaker, I rise today to decry the growing litany of repressive measures undertaken by the Government of Belarus against the opposition, especially against members of the opposition's Central Electoral Commission (CEC). Earlier this year, the legitimate Belarusian parliament, the 13th Supreme Soviet, disbanded by president Alexander Lukashenka after the illegal constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16 and set up a Central Election Commission to conduct these elections.   According to the 1994 constitution, which most of the international community recognizes as legitimate, Lukashenka's term expires in July. Lukashenka has rejected calls for a presidential election and is clearly attempting to neutralize democratic opposition to his authoritarian rule. The most egregious crackdown in recent weeks was the sentencing of CEC chairman Viktor Hanchar, to 10 days “administrative detention.” Hanchar suffered some injuries when he was detained and treated roughly by police. He was not given access to his lawyer, Hari Pahanyayla, and his wife was not permitted to see him. A few days earlier, on February 25, fifteen members of the CEC were arrested by police in a café where they were meeting and discussing reports from local election commissions. Special police did not have a warrant and prevented the videotaping of the arrest by Russian television. Five-day detentions or heavy fines were meted out to several CEC members, including Boris Gyunter, Anatoly Gurinovich, Sergei Obodovsky, Iosif Naumchik, Algimantas Dzyarginchus, Alexander Koktysh, Nikolay Pohabov, Valery Sidorenko and Leonid Zakurdayev. Additionally, warnings have been issued to several members of regional opposition elections committees, such as Iosif Naumchik in Vitebsk and Sergei Abadowski in Mogilev. According to Radio Liberty, in Zhodzina, Miensk region, local authorities have begun intimidating people who joined or elected opposition regional election commissions. In Gomel, several opposition activists have been summoned and questioned about their role in the organization of the May presidential elections scheduled by the opposition. Police had seized leaflets about these elections at the office of the Gomel branch of the Belarusian Helsinki Committee.   The repression of the opposition's elections committees is part of a longstanding pattern of Lukashenka's assault on democratic institutions and his campaign to stifle dissent in Belarus. On February 14, 20 students were arrested by police in Miensk for violating street demonstration laws. Among them, Yevgeny Skochko was sentenced to 10 days in jail, Victor Antonov to 5 days in jail, and Kazimir Kuchun and Ilya Banel were fined. Other opposition activists in Gomel and Borisov have been tried for unsanctioned demonstrations over the last few months. Two young workers in Gomel, for instance, were sentenced to 3 days administrative detention for holding an unsanctioned march. According to Reuters, the men were returning from a disco late in the evening and waving banners, which they were bringing home to wash. Earlier in the month, on February 5, members of the human rights movement Charter '97 were attacked and beaten in Miensk by members of the fascist Russian National Unity party. Andrei Sannikov, the Charter's international coordinator and former deputy foreign minister of Belarus was beaten unconscious. According to the International League for Human Rights a few days later, President Lukashenka trivialized the incident on Belarusian television, saying: “They say that some fascists have appeared in Miensk and have beaten somebody up. Do you know who they have beaten? Other fascists.” On February 27, several thousand marchers participated in a peaceful anti-fascist demonstration in Miensk. Organizers of the demonstration, Ales Bilyatsky who was sentenced to 10 days administrative detention and Oleg Volchek who was given a stiff fine, were cited for committing administrative offenses.   In late January, Lukashenka signed a decree ordering political parties, public organizations and trade unions to re-register during the period February 1 and July 1. The re-registration process includes a variety of onerous stipulations which would have the effect of weakening the NGOs and political parties. On February 17, the Lukashenka-controlled State Press Committee threatened six independent newspapers with closure if they continued to publish information about the opposition's presidential election plans in May, charging them with “calling for the seizure of power in Belarus.” On March 2, police searched the offices of one of the six independent newspapers, “Pahonya” in Hrodno, confiscating political cartoons and letters from readers.   Clearly, political tensions are increasing in Belarus, and the divide between the authoritarian president and the democratic opposition is widening. Mr. Lukashenka and his minions should cease and desist their campaign to harass journalists, to drain and demoralize individuals and organizations in the opposition through administrative fines and detentions, and to forcefully squelch the right to the freedoms of expression and of assembly. Continued harassment of the opposition will only aggravate the current constitutional crisis in Belarus and most certainly will not serve to promote reconciliation between the government and opposition. Mr. Speaker, it is imperative that the international community continue to speak out on behalf of those whose rights are violated, and that we continue to support the restoration of democracy and rule of law in Belarus.

  • 1999: A Critical Year for Belarus

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

  • 1999: A Critical Year for Belarus

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

  • Legal Status of Religious Groups in the US (1999)

    The United States does not require religious groups to register with the government in order to organize, meet, collect funds, or claim federal tax-exempt status. Such a registration requirement would violate a core freedom guaranteed by the United States Constitution. This overview identifies the underpinnings of this freedom, including a discussion of the United States Constitution's religion and speech clauses. Following this discussion, the issues of association, legal status and tax exemption are addressed. Foundational to civil liberties inthe United States is the principle that government was created by and exists at the will of the people. Governmental power is a limited power conferred to the government by the people. In the United States, the fundamental rights of the individual are paramount and they may only be abrogated by the government under very limited and defined circumstances. Freedom of religion is a fundamental,  natural, and absolute right, deeply rooted in the American constitutional system. Available to all, citizen and non-citizen, the free exercise of religion includes the tight to believe and profess whatever religious belief one desires. Government officials may not compel any person to affirm a religious belief or punish the expression of religious doctrine deemed by officials to be false. The individual's freedom of conscience embraces the right to select any religious faith or none at all. This fundamental right was established by the First Amendment to the United States Constitution, the first of the original Bill of Rights. Specifically, the First Amendment to the Constitution of the United States forbids the government to make any law respecting an establishment of religion or prohibiting the free exercise of religion. While originally an inhibition to action by the United States Congress only, the First Amendment has been made applicable to the individual state governments, as well, through the passage of the Fourteenth Amendment to the Constitution.The First Amendment guarantees that the government may not coerce anyone to support or participate in religion, or otherwise act in a way which establishes a state religion. This constitutional constraint on the government's ability to enact legislation regarding religion has two primary aspects. First, the government is prevented fromenacting a law that requires citizens to accept a particular religious belief. Second, this constitutional provision safeguards the free exercise of each person.'s chosen for of religion. These two interrelated concepts are known, respectively, as the "establishment" and "free exercise" clauses. A Russian translation of the text is available here.

  • The Ombudsman in the OSCE: An American Perspective

    This briefing assessed the role of ombudsmen institutions in the countries of the Organization for Security and Cooperation in Europe from an American perspective. The ombudsman institution was described as a flexible institution; adaptable to national and local government structures in a wide variety of countries, and a brief evaluation of the evolution of this institution was presented. Dean M. Gottehrer, a consultant on ombudsmen in human rights institutions for the United Nations Development Program, Office for Democratic Institutions and Human Rights of the OSCE, and the United States Information Agency, presented a personal analysis of the role of ombudsmen institutions in protecting human rights in OSCE participating states.

  • The Status of Human Rights in Russia

    This briefing addressed the recent changes in the Russian government and what they might portend for human Rights in Russia. Specifically, economic troubles that led to the emergence of extremist politics and subsequent human rights abuses were the main topic of discussion. Witnesses testifying at the briefing – including Rachel Denber, Deputy Director of the Europe and Central Asia Division of Human Rights Watch; Mark Levin, Executive Director of the National Conference on Soviet Jewry; and Lauren Homer, President of Law and Liberty Trust – evaluated the status of human rights abuse in Russia resulting from a mix of repression, corruption, inertia, and neglect. Freedom of speech, freedom of information, and freedom of religion were especially emphasized as aspects of human rights that Russia needs to improve in the future

  • Deteriorating Religious Liberty in Europe

    Senior Advisor to the Commission, E. Wayne Merry, chaired this briefing which was part of a series by the Commission on the subject of religious liberties within the OSCE region. This series was prompted by a perceived developing problem of restrictions on religious liberties in several participating states to the OSCE. At the time, the Commission was devoting most of its attention to the countries that that traditionally had a much more tolerant view toward religious minorities, such as those in Western and Central Europe. Participants in this briefing included Francesca Binda, Karen Gainer, and Paul Rowland, all with the National Democratic Institute (NDI) and International Republican Institute (IRI) personnel Eric Jowett and Kent Patton.

  • Deterioration of Religious Liberty in Europe

    This briefing addressed the persisting question of problems of religious liberty and the patterns of discrimination against religious minorities and other belief groups that had developed in a number of countries in the OSCE region in the aftermath of the Cold War. Efforts of improving religious liberty in former communist countries were discussed, as well as the need for spending time and attention on countries farther west, like France, Belgium, and Austria, in which concern for religious minorities was also expressed. Witnesses testifying at the briefing – including Willy Fautre, Director of Human Rights without Frontiers and James McCabe, Assistant General Counsel of Watchtower Bible and Tract Society – examined the multi-tiered system that European countries employ regarding religion, and the different statuses and treatment of citizens based on where their religion falls within this system. The issues faced by minority religious associations, like being targeted by fiscal services, were also topics of discussion.

  • Belarus Opposition Leaders

    The Commission examined Belarus’ political situation under President Lukashenka, who, on the day of the briefing, had locked the diplomatic corps out of their residences. The briefing explored the development of what some call a dictatorship in Belarus after the fall of the Soviet Union that brought Soviet sentiment back into the political scene. The witnesses - Professor Yury Khadyka and Professor Stanislav Bogdankevich - highlighted the struggle for human rights in Belarus after 1991, when anti-communist rhetoric became a popular national value and during which personal freedom did not was excluded. They also addressed the lack of economic progress under Lukashenko, which goes unnoticed by Western governments.  

  • Report on Ukraine's Parliamentary Election

    Ukraine’s March 1998 parliamentary elections resulted in a parliament similar in composition to the previous parliament, albeit with a somewhat more Communist tilt. The left constituted about 40 percent of parliament’s membership, with the remainder a mix of centrists, independents and national democrats. The new parliament included many new faces - only 141 deputies from the old parliament were in the new one. The parliamentary elections were held under a new election law which replaced the majoritarian system, introducing a mixed electoral system where half of the 450 deputies are elected from single-mandate districts and half from national party lists. While there were violations, transgressions and irregularities during the campaign and voting, Ukrainian voters generally were able to express their political will freely, and the results of the elections do appear to reflect the will of the electorate. The elections were conducted under a generally adequate legal and administrative framework, but the late passage of laws and regulations relating to the election–as well as late decisions regarding the Crimean Tatars—led to confusion and uncertainty about the electoral process. The campaign was generally peaceful in most of the country. However, it was marred by some tension, including incidents of violence, especially in Odesa and Crimea. The failure to allow non-citizen Crimean Tatar returnees the opportunity to vote, in contrast to arrangements that allowed them to vote in the 1994 elections, also tainted the elections. The state apparatus did not always display neutrality, and there were instances of harassment and pressure on opposition media.

  • Status of the Russian Religious Law

    Congressman Chris Smith and other lawmakers criticized the Russian Federation law on freedom of conscience and religious organizations signed by Boris Yeltsin for the threats it posed to religious liberty for minority religious faith. The scope of the law, including the terms of its formal implementations regulations and its actual implementation on the ground were topics of discussions. Those who testified at the briefing provided their insights on this law, its status at the time, and their perspective of developments in Russia in light of the law. Dr. James Billington, a distinguished author and Russian scholar, spoke to the decline in the standard of living and social services that the Russian people had suffered in the post-Soviet era. Another witness, Dr. Anatoly Pchelintsev, Director of the Christian Legal Center of the Institute on Religion and Law in Moscow, attributed the existence of the law to the tide of nationalist and Communist movements that were on the rise in Russia.

  • Status of Religious Liberty for Minority Faiths in Europe and the OSCE

    The purpose of this hearing, which the Hon. Christopher H. Smith chaired, was to discuss the reality of disturbing undercurrents of subtle, but growing, discrimination and harassment of minority religious believers, as opposed to discussing the widespread documentation of torture and persecution of practitioners of minority faiths. In a number of European countries, government authorities had seemed to work on restricting the freedoms of conscience and speech in much of their governments’ actions. For example, in Russia, on September 26, 1997, President Boris Yeltsin signed the law called “On Freedom of Conscience and on Religious Associations,” which blatantly violated agreements of the OSCE which the former U.S.S.R. helped to initiate. Through use of witnesses, then, attendees of this hearing, namely commissioners, gained a deeper understanding of the religious liberty violations within OSCE member countries and insight into how to best influence governments to adhere more closely to internationally accepted human rights standards.

  • The Meaning of Yeltsin's Veto of Russia's Law on Religion

    This briefing provided an analysis of the events surrounding President Yeltsin's veto of the proposed law on religious organizations in Russia which would have effectively banned the activities of certain religious minority groups including Protestants and Catholics. The bill passed emphatically in both houses of the Russian Parliament, mounting great domestic pressure on the President to approve it. Larry Uzzell of the Keston Institute credits the blocking of the bill to international pressure from both the US and the EU, which were vocal in their opposition. Congress sent several letters to Mr. Yeltsin, including one which was signed by 160 senators and members of the House of Representatives. The discussion in the question and answer period centered around more concrete measures taken by the US Congress to persuade Yeltsin to veto the bill, including economic incentives tied to foreign aid and trade.

  • Russia’s Religion Law

    This briefing addressed Congressional concerns about a draft law regarding religion that was making its way through the Duma. Given that this draft was vetoed by President Yeltsin, the Commission took special care to highlight this act standing for religious freedom and the efforts that were made to respect and adhere to the Russia’s international commitments. Larry Uzzell of the Keston Institute provided an analysis of the events surround President Yeltsin’s recent veto of the proposed law on religious organizations in Russia. The roles of domestic and international influences in this resulting veto were each evaluated. Trends of religious freedom in Russia were also examined in the context of how much progress the defeat of this law would actually make.

  • Treaty on Conventional Armed Forces in Europe (CFE)

    This briefing focused on the topics of European security and NATO enlargement, specifically in terms of the Treaty on Conventional Armed Forces in Europe. Elements of the treaty that remained especially important, including the goal of avoiding destabilizing concentrations of forces in Europe and the goal of creating greater transparency and promoting information exchange among governments in Europe, were discussed. Witnesses testifying at this briefing spoke to the need for amendments and changes to the CFE, but maintained the relevance of the treaty to international security. Different strategies for making these changes related to Russian pressure and NATO involvement were presented. 

  • Religious Freedom in Russia

    Helsinki Commission Staff Advisor John Finerty presented the question of the quality and depth of religious freedom in Russia currently, and allowed for an evaluation of the progress, or lack thereof, of religious liberty following the fall of the Soviet Union. Larry Uzzell, the Moscow representative of the Keston Institute of England, one of the oldest organizations specializing in religious life and religious freedom in Communist and former Communist countries, was asked to address the issue of religious freedom in Russia and had several key points to say on the matter. In his testimony, Mr. Uzzell emphasizes discrimination in the practice of registration in giving provincial governments the power to regulate all aspects of religious life, which is detrimental to religious liberty, and asserts that the prospects of religious freedom in Russia have suffered a setback in recent years.

  • U.S. Statements on the Human Dimension, 1996 OSCE Vienna Review Conference and Lisbon Summit

    This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure. A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.

  • The Current Situation in Belarus

    This briefing evaluated the signs of serious deterioration in the political and economic situation as growing authoritarianism and repression of human rights that had become the subject of increasing concern both within and outside Belarus. The violation of Belarus' freely undertaken commitments under the OSCE in regards to basic rights and freedoms, freedom of expression, assembly, and association was also addressed. Witnesses testifying at the briefing – including Zyanon Paznyak, Chairman of the Belarus Popular Front; Jack Segal, Director of Ukrainian, Belarusian, and Moldovan Affairs for the State Department; Jan Zaprudnik, Former Editor of Radio Liberty, Belarus; and Antti Korkeakivi, CIS Legal Advisor for the Lawyers’ Committee for Human Rights – examined the role of President Lukashenko in the formation of the lawless regime in Belarus. Numerous violations of human rights were cited by all witnesses, and the role of Russian support for these types of policies was also discussed.

  • Serbia and Montenegro: The Prospects for Change

    A staff delegation of the Commission on Security and Cooperation in Europe (Helsinki Commission) traveled to Serbia and Montenegro for one week in April 1996 to assess the situation in these republics in light of changes in the region resulting from the implementation of the Dayton Agreement and the end of the conflict in neighboring Bosnia-Herzegovina. In addition to meetings in the Federal and Serbian capital, Belgrade, and the Montenegrin capital Podgorica, the delegation traveled to Vojvodina, Kosovo and the Sandzak, where large non-Serb/Montenegrin populations reside. A seminar on refugees in the former Yugoslavia, held in Kotor, Montenegro, was also attended. The delegation met with federal, republic and regional officials, as well as representatives of independent media, opposition political parties, and human rights or humanitarian groups in each location. Upon the conclusion of their visit, the staff reported the delegation's findings and recommendations to the countries belonging to the Organization for Security and Cooperation in Europe (OSCE) and gave a public briefing immediately upon its return to Washington. Serbia's President, Slobodan Milosevic, has been viewed as largely responsible for the conflict associated with former Yugoslavia's demise, especially in Croatia and Bosnia-Herzegovina, and for un- democratic and ethnically intolerant conditions within Serbia itself. Montenegro, having some cultural af- finities with Serbia but also a desire for distinctness, is viewed as Serbia's reluctant accomplice, especially when the two proclaimed a new Federal Republic of Yugoslavia in 1992. The new, or "rump," Yugoslavia has largely been isolated by the international community as far as bilateral relations and multilateral activity. After almost four years of conflict in Bosnia-Herzegovina, however, the signing of the Dayton Agreement in December 1995 changed the regional environment in southcentral Europe significantly. Not only did the Agreement propose a settlement for Bosnia-Herzegovina, which is now being implemented, but it also created a more positive regional environment in which other problems plaguing the region might be resolved. Dayton could not have been achieved without the international community again working with the Serbian regime.

Pages