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Helsinki Commissioners Play Key Role in United States Delegation to the OSCE Parliamentary Assembly
Friday, August 24, 2001Leaders and Members of the United States Helsinki Commission played a key role as part of the U.S. delegation to the Tenth Annual Parliamentary Assembly of the Organization for Security and Cooperation in Europe hosted by the French National Assembly July 6-10, 2001. The U.S. delegation successfully promoted measures to improve the conditions of human rights, security and economic development throughout Europe. Commission Chairman Senator Ben Nighthorse Campbell (R-CO) and Co-Chairman Rep. Christopher H. Smith (R-NJ) led eight of their Commission colleagues and five other Representatives on the delegation, the largest of any nation participating in the 2001 Assembly. The size of the 15-Member U.S. delegation was a demonstration of the continued commitment by the United States, and the U.S. Congress, to Europe. Commission Members from the Senate participating in the Assembly were Senator Kay Bailey Hutchison (R-TX) and Senator George V. Voinovich (R-OH). Commission Members from the House of Representatives included Rep. Steny H. Hoyer (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Benjamin L. Cardin (D-MD), Rep. Zach Wamp (R-TN),Rep. Louise McIntosh Slaughter (D-NY) and Rep. Alcee L. Hastings (D-FL). Other delegates from the House of Representatives were Rep. Michael McNulty (D-NY), Rep. Peter King (R-NY), Rep. Ed Bryant (R-TN), Rep. Joseph Hoeffel (D-NY) and Rep. Tom Tancredo (R-CO). The central theme of OSCE PA´s Tenth Annual Session was "European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century." This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision made earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically-elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly Raymond Forni, and the Speaker of the Senate Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Other senior OSCE officials also made presentations, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. Members of the U.S. delegation played a leading role in debate in each of the Assembly's three General Committees - Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. Resolutions sponsored by Commissioners on the U.S. delegation served as the focal point for discussion on such timely topics as "Combating Corruption and International Crime in the OSCE Region," by Chairman Campbell; "Southeastern Europe," by Senator Voinovich; "Prevention of Torture, Abuse, Extortion or Other Unlawful Acts" and "Combating Trafficking in Human Beings," by Co-Chairman Smith; "Freedom of the Media," by Mr. Hoyer; and "Developments in the North Caucasus," by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment Chairman Campbell introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Chairman Campbell sponsored a resolution calling for lawmakers to enact specific legislation designed to combat international crime and corruption. The resolution also urged the OSCE Ministerial Council, expected to meet in the Romanian capital of Bucharest this December, to consider practical means of promoting cooperation among the participating States in combating corruption and international crime. Co-Chairman Smith sponsored the two resolutions at the Parliamentary Assembly. Smith's anti-torture resolution called on participating States to exclude in courts of law or legal proceedings evidence obtained through the use of torture or other forms of cruel, inhuman or degrading treatment. Smith also worked with the French delegation to promote a measure against human trafficking in the OSCE region. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, Mr. Smith; citizenship, Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, Mrs. Slaughter. The Parliamentary Assembly adopted a resolution sponsored by Mr. Hoyer which called on all OSCE States to ensure freedom of speech and freedom of the press in their societies. Hoyer said an open, vibrant and pluralistic media is the cornerstone of democracy. He noted that free press is under attack in some OSCE countries. Senator Voinovich sponsored a comprehensive resolution promoting greater stability in Southeast Europe. Senator Voinovich's resolution pushed for a political solution to the violence and instability which has engrossed Southeastern Europe. Mrs. Slaughter successfully sought measures toward protecting religious liberties and recognizing the importance of property restitution. An amendment noted that OSCE participating States have committed to respecting fundamental religious freedoms. Another amendment recognized that attempts to secure compensation and restitution for losses perpetrated by the Nazis can only deliver a measure of justice to victims and their heirs. Mr. Cardin sponsored a resolution on the North Caucasus region of the Russian Federation which denounced the excessive force used by Russian military personnel against civilians in Chechnya. The resolution condemns all forms of terrorism committed by the Russian military and Chechen fighters. One of Cardin's amendments addressed the restitution of property seized by the Nazis and Communists during and after World War II. Mr. Hastings was elected to a three-year term as one of nine Vice Presidents of the Parliamentary Assembly. Mr. Hastings most recently served as Chairman of the Assembly's General Committee on Political Affairs and Security. U.S. participants also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. While in Paris, members of the delegation held a series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members also met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. During a meeting with Romanian Foreign Minister Mircea Geoana, Members discussed the United States' proposal of a strategic defense initiative, policing in the former Yugoslavia, and international adoption policy. Members also attended a briefing by legal experts on developments affecting religious liberties in Europe. A session with representatives of American businesses operating in France and elsewhere in Europe gave members insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Rep. Alcee Hastings (USA), Kimmo Kiljunen (Finland), and Ahmet Tan (Turkey). The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany. En route to Paris, the delegation traveled to Normandy for a briefing by United States Air Force General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe. General Ralston briefed the delegation on security developments in Europe, including developments in Macedonia, Kosovo and Bosnia-Herzegovina, as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American service men and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2nd Ranger Battalion.
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statement
Romania's Chairmanship of OSCE
Friday, July 27, 2001Mr. Speaker, this year, Romania holds the chairmanship of the 55-nation Organization for Security and Cooperation in Europe (OSCE). Obviously, this is one of the most important positions in the OSCE and, as Romania is a little more than half way through its tenure, I would like to reflect for a moment on some of their achievements and challenges. First and foremost, I commend Romanian Foreign Minister Mircea Geoana for his leadership. In late January Minister Geoana met in the Capitol with members of the Helsinki Commission which I co-chair and again two weeks ago at the Parliamentary Assembly meeting in Paris, we had a helpful exchange of views. He has demonstrated, in word and deed, that he understands how important the role of chairman is to the work of the OSCE. His personal engagement in Belarus and Chechnya, for example, illustrates the constructive possibilities of the chairmanship. I appreciate Foreign Minister Geoana's willingness to speak out on human rights concerns throughout the region. As Chair-in-Office, we also hope that Romania will lead by example as it continues to implement economic and political reform and to further its integration into western institutions. In this regard, I would like to draw attention to a few of the areas the Helsinki Commission is following with special interest. First, many members of the Helsinki Commission have repeatedly voiced our concerns about manifestations of anti-Semitism in Romania, often expressed through efforts to rehabilitate or commemorate Romania's World War II leadership. I was therefore encouraged by the swift and unequivocal response by the Romanian Government to the inexcusable participation of General Mircea Chelaru in a ceremony unveiling a bust of Marshal Ion Antonescu, Romania's war-time dictator. I particularly welcome President Iliescu's statement that "Marshal Ion Antonescu was and is considered a war criminal for the political responsibility he assumed by making [an] alliance with Hitler.'' I encourage the Romanian Government to give even greater meaning to this statement and to its stated commitment to reject anti-Semitism. Clearly, the next step should be the removal of Antonescu statues from public lands, including those at the Jilava prison and in Slobozia, Piatra Neamt, and Letcani. Mr. Speaker, I also appreciate the recent statement by Prime Minister Nastase that journalists should not be sent to jail for their writings. But frankly, it is not enough for the Prime Minister merely to reject efforts to increase the criminal penalties that journalists are now vulnerable to in Romania. Non-governmental organizations have spoken to this issue with one voice. In fact, since the beginning of this year, NGOs have renewed their call for changes to the Romanian penal code that would bring it into line with OSCE standards. Amnesty International, Article l9, the Global Campaign for Free Expression, the International Helsinki Federation and the Romanian Helsinki Committee have all urged the repeal of articles 205, 206, 207, 236, 236(1), 238 and 239 from the criminal code and, as appropriate, their replacement by civil code provisions. I understand the Council of Europe made similar recommendations to Romania in 1997. Moreover, the OSCE Representative on Freedom of the Media has said, clearly and repeatedly, that criminal defamation and insult laws are not consistent with OSCE commitments and should be repealed. There is no better time to take this step than now, while Romania holds the Chairmanship of the OSCE. Public authorities, of course, should be protected from slander and libel, just like everyone else. Clearly, civil codes are more than adequate to achieve this goal. Accordingly, in order to bring Romanian law into line with Romania's international obligations and commitments, penal sanctions for defamation or insult of public authorities in Romania should be altogether ended. It is time, and past time, for these simple steps to be taken. As Chairman-in-Office, Minister Geoana has repeatedly expressed his concern about the trafficking of human beings into forced prostitution and other forms of slavery in the OSCE region. The OSCE has proven to be an effective forum for addressing this particular human rights violation, and I commend Minister Geoana for maintaining the OSCE's focus on the issue. Domestically, Romania is also in a position to lead by example in combating trafficking. Notwithstanding that the State Department's first annual Trafficking in Persons report characterizes Romania as a “Tier 3” country in the fight against human trafficking, that is, a country which does not meet minimum standards for the elimination of trafficking and is not making significant efforts to bring itself into compliance with those standards--it is clear the Government of Romania is moving in a positive direction to address the trafficking of human beings from and through its territory. For example, the Ministry of Justice is actively working on a new anti-trafficking law. The government is also cooperating closely with the Regional Center for Combating Trans-Border Crime, created under the auspices of the Southeast European Cooperative Initiative and located in Bucharest, and in particular, with the Center's anti-human trafficking task force. I encourage the Government of Romania to continue with these efforts and to undertake additional initiatives. For example, law enforcement officers in Romania, as in many other OSCE States, are still in need of thorough training on how to investigate and prosecute cases of suspected human trafficking. Training which reinforces the principle that trafficked persons deserve a compassionate response from law enforcement--as they are victims of crime themselves, not criminals, is necessary. When such training leads to more arrests of traffickers and more compassion toward trafficking victims, Romania will be a regional leader in the fight against this modem slavery. Finally, Mr. Speaker, I would like to say a few words about the Romani minority in Romania. Romania may have as many as 2 million Roma, and certainly has the largest number of Roma of any OSCE country. Like elsewhere in the region, they face discrimination in labor, public places, education, and housing. I am especially concerned about persistent and credible reports that Roma are subjected to police abuse, such as the raids at the Zabrauti housing development, near Bucharest, on January 12, and in Brasov on February I and 9 of this year. I commend Romani CRISS and other groups that have worked to document these problems. I urge the Romanian Government to intensify its efforts to prevent abusive practices on the part of the police and to hold individual police officers accountable when they violate the law. In the coming months, the OSCE will conduct the Human Dimension Implementation Review meeting in Warsaw, a Conference on Roma and Sinti Affairs in Bucharest, and the Ministerial Council meeting also in Bucharest, among other meetings and seminars. The legacy of the Romanian Chairmanship will entail not only the leadership demonstrated in these venues but also progress made at home through further compliance with OSCE commitments.
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statement
Amendment on Yugoslavia War Criminals
Tuesday, July 24, 2001Mr. Chairman, I make a point of order that the language on page 107, lines 11 through 17, is not in order because it violates clause 2 of rule XXI of the House rules which prohibits legislation on an appropriations bill. The CHAIRMAN. Does the gentleman from Arizona (Mr. KOLBE) wish to be heard on the point of order? Mr. KOLBE. No, Mr. Chairman. The CHAIRMAN. The Chair finds that this provision directly amends existing law. The provision therefore constitutes legislation in violation of clause 2 of rule XXI. The point of order is sustained, and section 577 is stricken from the bill. The Clerk will read. The Clerk read as follows: WAR CRIMINALS SEC. 578. (a) None of the funds appropriated or otherwise made available pursuant to this Act may be made available for assistance, with the exception of humanitarian assistance and assistance for democratization, to any country, entity or municipality whose competent authorities have failed, as determined by the Secretary of State, to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the Former Yugoslavia (the ``Tribunal'') all persons in their territory who have been publicly indicted by the Tribunal. (b) The provisions of subsection (a) shall apply unless the Secretary of State determines and reports to the appropriate committees of the Congress that the competent authorities of such country, entity, or municipality are-- (1) cooperating with the Tribunal, including access for investigators, the provision of documents, and the surrender and transfer of publicly indicted indictees or assistance in their apprehension; and (2) taking steps that are consistent with the Dayton Accords. (c) The Secretary of State may waive the application of subsection (a) with respect to a country, entity, or municipality upon a written determination to the Committees on Appropriations of the House of Representatives and the Senate that provision of assistance that would otherwise be prohibited by that subsection is in the national interest of the United States. AMENDMENT NO. 8 OFFERED BY MR. SMITH OF NEW JERSEY Mr. SMITH of New Jersey. Mr. Chairman, I offer an amendment on behalf of the gentleman from Maryland (Mr. CARDIN) and myself. The CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as follows: Amendment No. 8 offered by Mr. SMITH of New Jersey: Page 108, after line 20, insert the following: SENSE OF THE CONGRESS RELATING TO COOPERATION WITH THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA SEC. 579. (a) FINDINGS.--The Congress finds as follows: (1) All member states of the United Nations have the legal obligation to cooperate fully with the International Criminal Tribunal for the Former Yugoslavia. (2) All parties to the General Framework Agreement for Peace in Bosnia and Herzegovina have the legal obligation to cooperate fully with the Tribunal in pending cases and investigations. (3) The United States Congress continues to insist, as a condition for the receipt of foreign assistance, that all governments in the region cooperate fully with the Tribunal in pending cases and investigations. (4) The United States Congress strongly supports the efforts of the Tribunal to bring those responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia to justice. (5) Those authorities in Serbia and the Federal Republic of Yugoslavia responsible for the transfer of Slobodan Milosevic to the Tribunal at The Hague are congratulated. (6) The governments of Croatia and Bosnia are congratulated for their cooperation with the Tribunal, particularly regarding the transfer of indictees to the Tribunal. (7) At least 30 persons who have been indicted by the Tribunal remain at large, especially in the Republika Srpska entity of Bosnia-Herzegovina, including but not limited to Radovan Karadzic and Ratko Mladic. (8) The Parliamentary Assembly of the Organization for Security and Cooperation in Europe recently adopted a resolution that emphasizes the importance of cooperation by member states with the Tribunal. (b) SENSE OF CONGRESS.--It is the sense of Congress that: (1) All governments, entities, and municipalities in the region, including but not limited to the Federal Republic of Yugoslavia , Serbia, and the Republika Srpska entity of Bosnia and Herzegovina, are strongly encouraged to cooperate fully and unreservedly with the International Criminal Tribunal for the Former Yugoslavia in pending cases and investigations. (2) All governments, entities, and municipalities in the region should cooperate fully and unreservedly with the Tribunal, including (but not limited to) through-- (A) the immediate arrest, surrender, and transfer of all persons who have been indicted by the Tribunal but remain at large in the territory which they control; and (B) full and direct access to Tribunal investigators to requested documents, archives, witnesses, mass grave sites, and any officials where necessary for the investigation and prosecution of crimes under the Tribunal's jurisdiction. The CHAIRMAN. Pursuant to the order of the House today, the gentleman from New Jersey (Mr. SMITH) and a Member opposed each will control 10 minutes. Mr. KOLBE. Mr. Chairman, I claim the time in opposition, and I reserve a point of order against this amendment. The CHAIRMAN. The gentleman from Arizona (Mr. KOLBE) reserves a point of order, and will be recognized on the amendment. The Chair recognizes the gentleman from New Jersey (Mr. SMITH) for 10 minutes. Mr. SMITH of New Jersey. Mr. Chairman, I yield myself such time as I may consume. This amendment, Mr. Chairman, underscores our resolve to bring to justice those responsible for war crimes, crimes against humanity, and genocide. Sometimes some people wonder if it is really worth introducing this complex and complicating factor called justice into U.S. policy toward the region. Justice may be nice, they argue, but regional stability is what is really needed in the Balkans. Insisting on the prosecution of war crimes, they continue, certainly does not help in this regard, and if our European allies are not pushing this, why should we? Mr. Chairman, in response, I ask that my colleagues make sure that time has not faded the horrific images of the Yugoslav conflict, images of prisoners interred in camps like Omarska, the mass graves of Vukovar, Srebrenica, and in recent weeks those uncovered in Serbia itself. I would just say parenthetically on a trip the gentleman from Virginia (Mr. WOLF) and I made in the early months of the war against Croatia, we went to Osijek and Vukovar. We were there when it was surrounded by Serbian military snipers. There were MiGs flying overhead. We met with people inside of wine cellars who would not come out because every day snipers were just picking off innocent civilians, killing these people as they walked down the street, as they leveled one block after another. The people who were in Vukovar Hospital, soon after we left, just months after we left when that city under siege was overtaken, were literally taken out and killed in a terrible, a horrible way, just shot and put into a mass grave. So I would respectfully submit that we must remember those frightened, innocent peasants who we all saw the images of day in and day out on CNN fleeing over mountain passes with whatever they could carry. There were stories of snipers in Vukovar, in Sarajevo, in Mostar, in other cities, shooting anybody that crossed the street; or the militants lobbing shells at schools or kids who wrongfully hoped it would be safe enough to do a little sleigh riding in their hilly neighborhoods. It is virtually impossible for us, I would submit, to comprehend what it is like for these people who did nothing wrong, who posed no threat to anyone, to have encountered such hostility and such hatred. We must never forget nor should we ever stop seeking justice for those who fled, for those who were tortured, for those who were raped repeatedly. We had hearings, Mr. Chairman. The gentleman might recall in the Helsinki Commissions we brought in rape victims who, as a matter of state policy, the Serbian government and the Bosnian Serbs were trying to make an example of these women to break the back of those people in Serbia, in Bosnia. It was horrible to see the blank faces and the vacant look in their eyes, the look of pain, as they came forward to tell of their stories. We must put ourselves in their shoes as we consider this amendment. We must stand there on the edge of that ditch and try to ponder the notion that these drunken people had their rifles pointed at their backs, and those sons and daughters and fathers and everyone else were killed. There needs to be an accounting. We must remember that these culprits of these horrific crimes are today living their lives at large, mostly in the Republic of Srpska, and in Serbia as well. As a matter of fact, a history of ancient hatreds is really a myth. They like to throw that out, that somehow this was just all of these animosities, generation after generation. Nothing was inevitable. This did not have to happen. Those responsible for this carnage need to be held to account, people like Karadzic, Mladic, and some 30 others who have already been indicted by the tribunal who are walking the streets free today. They need to be held to account. Mr. Chairman, I offer this amendment. I know the chairman may raise a point of order. It does express our collective concerns as Democrats, Republicans, and Independents in favor of going forward and being as aggressive and attentive as we can be. As I said at the outset, time should not fade these memories. As we learned from the Holocaust and the atrocities of Nazis, we hunt down until we bring to justice those who have committed these horrible acts. Mrs. LOWEY. Mr. Chairman, I move to strike the last word. As the gentleman knows, we worked together to craft appropriate language regarding aid to Yugoslavia and its cooperation with the War Crimes Tribunal. The bill carries similar language to the fiscal year 2001 bill. It allows assistance to Serbia until March 30, 2002, at which time the Secretary of State must certify that Serbia is cooperating with the Tribunal, taking steps consistent with the Dayton Accords to limit financial cooperation with the Republic of Srpska, and is respecting minority rights. The bill also carries separate language requiring that all countries cooperate with the international criminal tribunal or face penalties. We arrived at this language through negotiations with the chairman, and it enjoys the support of most members of the committee. I understand and agree with the concerns addressed in the gentleman's amendment, and I am happy that the language included reflects many of those concerns. I am pleased to note that soon after our subcommittee marked up this bill former President Milosevic was turned over to the Tribunal. Despite this historic event, I strongly support retaining this language. It recognizes the simple fact that many war criminals remain at large and that our assistance should continue to be conditioned to a great degree on continued cooperation with the Tribunal. I thank the gentleman for his leadership on this issue. Mr. Chairman, I yield back the balance of my time. Mr. KOLBE. Mr. Chairman, I continue to reserve a point of order on this amendment, and I yield myself such time as I may consume. Mr. Chairman, let me just say about this issue, I understand the concerns that people have, and it is one that I share. We want to make sure that war criminals are brought to justice. We want to make sure that we move in Serbia to help develop democracy in that region. These are not mutually exclusive, by any means. But sometimes the orbits may come into conflict. We have two provisions in our bill relating to war criminals. Section 582 is a variation of last year's provision affecting Serbia. Section 578 is a streamlined replacement for the so-called Lautenberg Amendment that applies to all countries in the Balkans. That language, and I was just reading it the other day, it is pages and pages and pages in the bill that was so complicated it was just routinely waived. The committee recommendation this year I think is much more straightforward. Regarding Serbia, last year's language prohibited most assistance to Serbia after March 31 of 2001 unless the President can certify, among other things, that Yugoslavia was cooperating with the War Crimes Tribunal in The Hague. Such a certification was made last year. We have received requests to continue and even to strengthen the language this year. Our recommendation continues the language largely unchanged from last year. I am not enthusiastic about doing that. We need to help the people of Serbia and the reformers in that country and the long struggle they have been facing to reform their society. Punishing them for not fulfilling every aspect of The Hague Tribunal's directives may not, and I think is not, positive in the long run. We want to help the democratic governments in the Balkans. We are not trying to hurt them. We are not trying to stunt their democratic growth. The Hague Tribunal is part of an effort to promote democratic governments. We cannot sacrifice the future of democratic governments to the procedural niceties, however, of the tribunal. They need to work together. They need to go hand in hand. The tribunal needs to do its stuff, but the countries are not always going to find it possible to comply with every single thing that the tribunal might ask them. But I think it is worth noting, as every Member of this body is well aware, that President Milosevic, the key war criminal we were insisting that Serbia send to the tribunal, has been sent to The Hague. That has caused an enormous political difficulty for the government in Serbia. Let us not underestimate the great difficulties the Serbian Government, both at the provincial level as well as at the national, the federation level, has had in dealing with this problem. We also recognize that Croatia needs to send additional war criminals to The Hague. By bowing to international pressures, particularly pressure from the United States, the new democratic governments in the regions are facing tremendous risks, as we have been seeing with the political upheaval that has followed the transfer of President Milosevic to The Hague. So in our strong desire to have full compliance with the tribunal, I hope we do not end up hurting the very governments that we are trying to help. So for that reason, I think this is bad legislation, a bad approach to the problem. Mr. Chairman, I continue to reserve the balance of my time and also the point of order. Mr. SMITH of New Jersey. Mr. Chairman, I yield myself 2 minutes, just to respond briefly. And I know a point of order is lodged against this, or will be shortly, but the language really does focus on all governments, entities, and municipalities in the region. And, frankly, when we have a sense of impunity, and I know Kostunica and others are trying to do their part to try to rein in. While I was in Paris, at the OSCE parliamentary assembly, we had a very, very meaningful, as did other members of our delegation, meeting with the speaker of the parliament in Serbia. And I believe they really are serious about trying to rein in on the impunity that unfortunately was the modus operandi of Serbia for so long and the Republic of Yugoslavia. This language tries to say we are on your side, we want to help rid, or at least get to justice, those people who have committed these terrible crimes, because they intimidate their own people. On day two of the bombing, one of the people who had come to our Helsinki Commission and had testified on behalf of free media, at a time when Milosevic had shut down S92, and other independent media, he was murdered right after the bombing began. He was shot dead gangland-style by the thugs of Slobodan Milosevic. Some of those same people are still walking the streets. Otpor has come out, and they are naming names of police who have committed atrocities, putting themselves at considerable risk. So it seems to me that the more we encourage those democratic forces, and this is sense of the Congress language granted, the quicker they will get to a free and hopefully a robust democracy. Let me just finally say, and I say to this my good friend the chairman, our hope is that we look very seriously at a police academy for the Republic of Yugoslavia. We met with General Ralston, our delegation, on our trip, and he made it very clear that the Kosovo Academy, which has now graduated some 4,000 police, really is the model for the region. It is the way we ought to be going. If we want to exit and pull out NATO troops, U.S. troops, we need to have on the ground the kind of stability and transparency that a properly trained police academy with an emphasis on human rights can bring. And it seems to me that Bosnia and the Republic of Srpska and, of course, the Republic of Yugoslavia could benefit greatly from it. So I ask the amendment be supported by my colleagues.
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statement
Report on Activities of U.S. Delegation to the Parliamentary Assembly of the Organization for Security and Cooperation in Europe
Thursday, July 19, 2001Mr. President, I am pleased to report to my colleagues in the United States Senate on the work of the bicameral congressional delegation which I chaired that participated in the Tenth Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, OSCE PA, hosted by the French Parliament, the National Assembly and the Senate, in Paris, July 6-10, 2001. Other participants from the United States Senate were Senator Hutchison of Texas and Senator Voinovich of Ohio. We were joined by 12 Members of the House of Representatives: Co-Chairman Smith of New Jersey, Mr. Hoyer, Mr. Cardin, Ms. Slaughter, Mr. McNulty, Mr. Hastings of Florida, Mr. King, Mr. Bryant, Mr. Wamp, Mr. Pitts, Mr. Hoeffel and Mr. Tancredo. En route to Paris, the delegation stopped in Caen, France and traveled to Normandy for a briefing by General Joseph W. Ralston, Commander in Chief of the U.S. European Command and Supreme Allied Commander Europe, on security developments in Europe, including developments in Macedonia, Kosovo, and Bosnia-Herzegovina as well as cooperation with the International Criminal Tribunal for the former Yugoslavia. At the Normandy American Cemetery, members of the delegation participated in ceremonies honoring those Americans killed in D-Day operations. Maintained by the American Battle Monuments Commission, the cemetery is the final resting place for 9,386 American servicemen and women and honors the memory of the 1,557 missing. The delegation also visited the Pointe du Hoc Monument honoring elements of the 2d Ranger Battalion. In Paris, the combined U.S. delegation of 15, the largest representation by any country in the Assembly was welcomed by others as a demonstration of the continued commitment of the United States, and the U.S. Congress, to Europe. The central theme of OSCE PA's Tenth Annual Session was “European Security and Conflict Prevention: Challenges to the OSCE in the 21st Century.'' This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, including the first delegation from the Federal Republic of Yugoslavia following Belgrade's suspension from the OSCE process in 1992. Seven countries, including the Russian Federation and the Federal Republic of Yugoslavia, were represented at the level of Speaker of Parliament or President of the Senate. Following a decision taken earlier in the year, the Assembly withheld recognition of the pro-Lukashenka National Assembly given serious irregularities in Belarus' 2000 parliamentary elections. In light of the expiration of the mandate of the democratically elected 13th Supreme Soviet, no delegation from the Republic of Belarus was seated. The inaugural ceremony included welcoming addresses by the OSCE PA President Adrian Severin, Speaker of the National Assembly, Raymond Forni and the Speaker of the Senate, Christian Poncelet. The French Minister of Foreign Affairs, Hubert Védrine also addressed delegates during the opening plenary. The OSCE Chairman-in-Office, Romanian Foreign Minister Mircea Geoana, presented remarks and responded to questions from the floor. Presentations were also made by several other senior OSCE officials, including the OSCE Secretary General, the High Commissioner on National Minorities, the Representative on Freedom of the Media, and the Director of the OSCE Office for Democratic Institutions and Human Rights. The 2001 OSCE PA Prize for Journalism and Democracy was presented to the widows of the murdered journalists José Luis López de Lacalle of Spain and Georgiy Gongadze of Ukraine. The Spanish and Ukrainian journalists were posthumously awarded the prize for their outstanding work in furthering OSCE values. Members of the U.S. delegation played a leading role in debate in each of the Assembly's three General Committees--Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions. U.S. sponsored resolutions served as the focal point for discussion on such timely topics as “Combating Corruption and International Crime in the OSCE Region,” a resolution I sponsored; “Southeastern Europe,” by Senator Voinovich; “Prevention of Torture, Abuse, Extortion or Other Unlawful Acts” and “Combating Trafficking in Human Beings,” by Mr. Smith; “Freedom of the Media,” by Mr. Hoyer; and, “Developments in the North Caucasus,” by Mr. Cardin. Senator Hutchison played a particularly active role in debate over the Anti-Ballistic Missile Treaty in the General Committee on Political Affairs and Security, chaired by Mr. Hastings, which focused on the European Security and Defense Initiative. An amendment I introduced in the General Committee on Economic Affairs, Science, Technology and Environment on promoting social, educational and economic opportunity for indigenous peoples won overwhelming approval, making it the first ever such reference to be included in an OSCE PA declaration. Other U.S. amendments focused on property restitution laws, sponsored by Mr. Cardin, and adoption of comprehensive non-discrimination laws, sponsored by Mr. Hoyer. Amendments by members of the U.S. delegation on the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the plight of Roma, by Mr. Smith; citizenship, by Mr. Hoyer; and Nazi-era compensation and restitution, and religious liberty, by Ms. Slaughter. Delegation members also took part in debate on the abolition of the death penalty, an issue raised repeatedly during the Assembly and in discussions on the margins of the meeting. While in Paris, members of the delegation held an ambitious series of meetings, including bilateral sessions with representatives from the Russian Federation, the Federal Republic of Yugoslavia, the United Kingdom, and Kazakhstan. Members met with the President of the French National Assembly to discuss diverse issues in U.S.-French relations including military security, agricultural trade, human rights and the death penalty. A meeting with the Romanian Foreign Minister included a discussion of the missile defense initiative, policing in the former Yugoslavia, and international adoption policy. Staff of the U.S. Embassy provided members with an overview of U.S.-French relations. Members also attended a briefing by legal experts on developments affecting the right of individuals to profess and practice their religion or belief. A session with representatives of U.S. businesses operating in France and elsewhere in Europe provided members with insight into the challenges of today's global economy. Elections for officers of the Assembly were held during the final plenary. Mr. Adrian Severin of Romania was re-elected President. Senator Jerahmiel Graftstein of Canada was elected Treasurer. Three of the Assembly's nine Vice-Presidents were elected to three-year terms: Alcee Hastings, U.S.A., Kimmo Kiljunen, Finland, and Ahmet Tan, Turkey. The Assembly's Standing Committee agreed that the Eleventh Annual Session of the OSCE Parliamentary Assembly will be held next July in Berlin, Germany.
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statement
Twenty-Five Years of the Helsinki Commission
Wednesday, June 27, 2001Mr. Speaker, twenty-five years ago this month, on June 3, 1976, a law was enacted creating the Commission on Security and Cooperation in Europe. We know it as “the Helsinki Commission.” One of the smallest and most unique bodies in the U.S. Government, it perhaps ranks among the most effective for its size. I have been proud to be a member of the Commission for the past 16 years. When President Gerald Ford signed, in Helsinki in 1975, the Final Act of the Conference on Security and Cooperation in Europe, he said that “history will judge this Conference not by what we say here today, but by what we do tomorrow--not only by the promises we make, but by the promises we keep.” That piece of rhetoric has not only been repeated in various forms by every United States President since; it has continually served as a basis for U.S. policy toward Europe. Credit for this fact, and for the Commission's establishment, first goes to our late colleague here in the House, Millicent Fenwick, and the late-Senator Clifford Case, both of New Jersey. Observing the foundation of human rights groups in the Soviet Union and Eastern Europe to monitor and, it was hoped, to encourage their governments to keep the promises made in Helsinki, she and other Members of Congress felt it would be good to give them some signs of support. Keep in mind, Mr. Speaker, that this was in the midst of detente with Moscow, a polite dance of otherwise antagonistic great powers. It was a time when the nuclear warhead was thought to be more powerful than the human spirit, and the pursuit of human rights in the communist world was not considered sufficiently realistic, except perhaps as a propaganda tool with which to woo a divided European continent and polarized world. The philosophy of the Commission was otherwise. Respect for human rights and fundamental freedoms is, as the Helsinki Final Act indicates, a prerequisite for true peace and true security. As such, it is also a principle guiding relations between states, a legitimate matter for discussion among them. This philosophy, broadened today to include democratic norms such as free and fair elections and respect for the rule of law, remains the basis for the Commission's work. Of course, the Commission was not meant to be a place for mere debate on approaches to foreign policy; it had actually to insert itself into the policy-making process. The Commission Chairman for the first decade, the late Dante Fascell of Florida, fought hard to do just that. It was, I would say, a bipartisan fight, with several different Congresses taking on several different Administrations. Moreover, it was not just a fight for influence in policy-making; it was a much tougher fight for better policies. The Commission staff, led during those early years by R. Spencer Oliver, was superb in this respect. It knew the Soviet Union and Eastern Europe. It worked with non-governmental organizations to increase public diplomacy and, subsequently, public support for In 15 years at the East-West divide, the Commission also championed policies, like the Jackson-Vanik amendment, linking human rights to trade and other aspects of U.S. bilateral relationships. The concept of linkage has often been chastised by the foreign policy establishment, but it comes from the passion of our own country's democratic heritage and nature. With persistence and care, it ultimately proved successful for the United States and the countries concerned. The Helsinki Commission also became the champion of engagement. Commission members did not simply speak out on human rights abuses; they also traveled to the Soviet Union and the communist countries of East-Central Europe, meeting dissidents and ``refuseniks'' and seeking to gain access to those in the prisons and prison camps. At first, the Commission was viewed as such a threat to the communist system that its existence would not be officially acknowledged, but Commissioners went anyway, in other congressional capacities until such time that barriers to the Commission were broken down. The Commission focus was on helping those who had first inspired the Commission's creation, namely the Helsinki and human rights monitors, who had soon been severely persecuted for assuming in the mid-1970s that they could act upon their rights. Ethnic rights, religious rights, movement, association and expression rights, all were under attack, and the Commission refused to give up its dedication to their defense. Eventually, the hard work paid off, and the beginning of my tenure with the Commission coincided with the first signs under Gorbachev that East-West divisions were finally coming to an end. Sharing the chairmanship with my Senate counterparts--first Alfonse D'Amato of New York and then Dennis DeConcini of Arizona--the Commission argued against easing the pressure at the time it was beginning to produce results. We argued for the human rights counterpart of President Reagan's “zero option'' for arms control, in which not only the thousands of dissenters and prospective emigrants saw benefits. They were joined by millions of everyday people--workers, farmers, students--suddenly feeling more openness, real freedom, and an opportunity with democracy. Dissidents on whose behalf the Commission fought--while so many others were labeling them insignificant fringe elements in society--were now being released and becoming government leaders, people like Polish Foreign Minister Bronislaw Geremek and Czech President Vaclav Havel. The independence of the Baltic States, whose forced incorporation into the USSR was never officially recognized by the United States, was actually reestablished, followed by others wishing to act upon the Helsinki right to self-determination. Of course, Mr. Speaker, those of us on the Commission knew that the fall of communism would give rise to new problems, namely the extreme nationalism which communism swept under the rug of repression rather than neutralized with democratic antiseptic. Still, none of us fully anticipated what was to come in the 1990s. It was a decade of democratic achievement, but it nevertheless witnessed the worst violations of Helsinki principles and provisions, including genocide in Bosnia-Herzegovina and brutal conflicts elsewhere in the Balkans as well as in Chechnya, the Caucuses and Central Asia, with hundreds of thousands innocent civilians killed and millions displaced. Again, it was the Commission which helped keep these tragedies on the U.S. foreign policy agenda, holding hearings, visiting war zones and advocating an appropriately active and decisive U.S. response. In the face of such serious matters, too many sought to blame history and even democracy, equated victim with aggressor and fecklessly abandoned the principles upon which Helsinki was based. Again the Commission, on a bipartisan basis in dialogue with different Administrations, took strong issue with such an approach. Moreover, with our distinguished colleague, Christopher Smith of New Jersey, taking his turn as Chairman during these tragic times, the Commission took on a new emphasis in seeking justice for victims, providing much needed humanitarian relief and supporting democratic movements in places like Serbia for the sake of long-term stability and the future of the people living there. In this new decade, Mr. Speaker, the Commission has remained actively engaged on the issues of the time. Corruption and organized crime, trafficking of women and children into sexual slavery, new attacks on religious liberty and discrimination in society, particularly against Romani populations in Europe, present new challenges. Senator Ben Nighthorse Campbell of Colorado, the latest Commission Chairman, has kept the Commission current and relevant. In addition, there continue to be serious problem areas or widespread or systemic violations of OSCE standards in countries of the Balkans, Central Asia and the Caucuses, or reversals of the democratization process as in Belarus. The Commission was born in the Cold War, but its true mission--the struggle for human rights, democratic government and the rule of law--remains as important now as it was then. It remains an essential element for true security and stability in the world, as well as, to paraphrase Helsinki, for the free and full development of the individual person, from whose inherent dignity human rights ultimately derive. To conclude, Mr. Speaker, I wish to erase any illusion I have given in my praise for the Helsinki Commission on its first quarter of a century that it had single-handedly vanquished the Soviet empire or stopped the genocidal policies of Slobodan Milosevic. No, this did not occur, and our own efforts pale in comparison to the courage and risk-taking of human rights activists in the countries concerned. But I would assert, Mr. Speaker, that the wheels of progress turn through the interaction of numerous cogs, and the Commission has been one of those cogs, maybe with some extra grease. The Commission certainly was the vehicle through which the United States Government was able to bring the will of the American people for morality and human rights into European diplomacy. To those who were in the Soviet gulag, or in Ceausescu's Romania as a recent acquaintance there relayed to me with much emotion, the fact that some Americans and others were out there, speaking on their behalf, gave them the will to survive those dark days, and to continue the struggle for freedom. Many of those voices were emanating in the non-governmental community, groups like Amnesty International, Freedom House and Human Rights Watch. Through the Helsinki Commission, the voice of the United States Congress was heard as well, and I know that all of my colleagues who have been on the Commission or worked with it are enormously proud of that fact.
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hearing
Troubling Trends: Human Rights in Russia
Tuesday, June 05, 2001The purpose of this hearing was to highlight the improvements in human rights in Russia since and to focus on the areas in which reform is still needed. The politicized imprisonments, restrictive legislation that muzzles Internet publications, defamation lawsuits has made independent media outlets struggle to survive and impunity in violent attacks against journalists. These attacks against the media were focused on well-known cases and extraordinary circumstances in Russia. From burdensome registration requirements and visits by the tax police to the confiscation of entire print runs and imposition of crippling fines, from criminal charges for defamation of individuals, institutions or the state, free media faces myriad threats and challenges today.
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statement
Introduction of the International Anti-Corruption Act of 2001
Tuesday, June 05, 2001Mr. President, today I introduce the International Anti-Corruption Act of 2001. This legislation addresses the growing problem of official and unofficial corruption abroad. This bill is based on S. 1514, which I introduced in the 106th Congress. Endemic corruption around the world negatively impacts both the United States and the citizens of countries where corruption is tolerated. Overseas corruption directly hurts U.S. businesses as they endeavor to expand internationally. U.S. workers are affected when corruption closes doors to our exports. In addition, the honest and hardworking citizens of countries stricken with corruption suffer as they are compelled to pay bribes to officials and other people in positions of power just to get the permits and licenses they need to get things done. The trade barrier created by corruption also limits the purchasing choices available to these people. Finally, many leading U.S. companies that are eager to invest and build factories overseas to produce consumer goods for consumption in those countries, often wisely choose not to do so because they are not willing to deal with the corruption they would encounter. Overall, honest and hardworking people living all around the world suffer as productive output is unjustly harmed. As the Chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, I am working to address the problem of corruption. In the 106th Congress, I chaired a Commission hearing that focused on the issues of bribery and corruption in the region of the Organization for Security and Cooperation in Europe, an area stretching from Vancouver to Vladivostok. During this hearing, the Commission heard that, in economic terms, rampant corruption and organized crime in this vast region has cost U.S. businesses billions of dollars in lost contracts with direct implications for our economy. In addition, two years ago while attending the annual session of the OSCE Parliamentary Assembly in St. Petersburg, Russia, I had an opportunity to sit down with U.S. business representatives and learned, first-hand, about the many obstacles they face. Ironically, in some of the biggest recipients of U.S. foreign assistance--countries like Russia and Ukraine--the climate is either not conducive or outright hostile to American business. The time has come to stop providing aid as usual to those countries which line up to receive our assistance, only to turn around and fleece U.S. businesses conducting legitimate operations in these countries. For this reason, I am introducing the International Anti-Corruption Act of 2001 to require the State Department to submit a report and the President to certify by March 1 of each year that countries which are receiving U.S. foreign aid are, in fact, conducive to American businesses and investors. If a country is found to be hostile to American businesses, aid from the United States would be cut off. The certification would be specifically based on whether a country is making progress in, and is committed to, economic reform aimed at eliminating corruption. In fact, monitoring and measuring corruption, and the corresponding overall economic freedom, is nothing new. The Heritage Foundation regularly produces a comprehensive report entitled the “Index of Economic Freedom.” This year's 2001 report ranks 155 countries on the basis of 10 criteria, including “government intervention, foreign investment and black market.” While corruption is not identified individually in this report, you can bet there is a strong negative correlation between overall economic freedom and corruption. The more economic freedom you have, the less corruption you will have. It should be no surprise that the countries with the lowest levels of economic freedom are the very same countries that suffer from economic stagnation year after year. We owe it to the good people trapped in corrupt political systems to do what we can to help root out and get rid of this corruption. Under this bill, if the President certifies that a country's business climate is not conducive for U.S. businesses, that country will, in effect, be put on probation. The country would continue to receive U.S. foreign aid through that end of the fiscal year, but aid would be cut off on the first day of the next fiscal year unless the President certifies the country is making significant progress in implementing the specified economic indicators and is committed to recognizing the involvement of U.S. business. My bill also includes the customary waiver authority where the national interests of the United States are at stake. For countries certified as hostile to or not conducive for U.S. business, aid can continue if the President determines it is in the national security interest of the United States. However, the determination expires after six months unless the President determines its continuation is important to our national security interest. I also included a provision which would allow aid to continue to meet urgent humanitarian needs, including food, medicine, disaster and refugee relief, to support democratic political reform and rule of law activities, and to create private sector and non-governmental organizations that are independent of government control, or to develop a free market economic system. Instead of jumping on the bandwagon to pump millions of additional American tax dollars into countries which are hostile to U.S. businesses and investors, we should be working to root out the kinds of bribery and corruption that have an overall chilling effect on much needed foreign investment. Left unchecked, such corruption will continue to undermine fledgling democracies worldwide and further impede moves toward a genuine free market economy. I believe the legislation I am introducing today is a critical step this direction, and I urge my colleagues to support its passage. I ask unanimous consent that the text of the bill be printed in the Record. There being no objection, the bill was ordered to be printed in the Record, as follows: S. 988 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “International Anti-Corruption Act of 2001”. SEC. 2. LIMITATIONS ON FOREIGN ASSISTANCE. (a) REPORT AND CERTIFICATION.-- (1) IN GENERAL.--Not later than March 1 of each year, the President shall submit to the appropriate committees a certification described in paragraph (2) and a report for each country that received foreign assistance under part I of the Foreign Assistance Act of 1961 during the fiscal year. The report shall describe the extent to which each such country is making progress with respect to the following economic indicators: (A) Implementation of comprehensive economic reform, based on market principles, private ownership, equitable treatment of foreign private investment, adoption of a legal and policy framework necessary for such reform, protection of intellectual property rights, and respect for contracts. (B) Elimination of corrupt trade practices by private persons and government officials. (C) Moving toward integration into the world economy. (2) CERTIFICATION.--The certification described in this paragraph means a certification as to whether, based on the economic indicators described in subparagraphs (A) through (C) of paragraph (1), each country is-- (A) conducive to United States business; (B) not conducive to United States business; or (C) hostile to United States business. (b) LIMITATIONS ON ASSISTANCE.-- (1) COUNTRIES HOSTILE TO UNITED STATES BUSINESS.-- (A) GENERAL LIMITATION.--Beginning on the date the certification described in subsection (a) is submitted-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of a country that is certified as hostile to United States business pursuant to such subsection (a); and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in clause (i) has been made. (B) DURATION OF LIMITATIONS.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (A) shall apply with respect to a country that is certified as hostile to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is no longer hostile to United States business. (2) COUNTRIES NOT CONDUCIVE TO UNITED STATES BUSINESS.-- (A) PROBATIONARY PERIOD.--A country that is certified as not conducive to United States business pursuant to subsection (a), shall be considered to be on probation beginning on the date of such certification. (B) REQUIRED IMPROVEMENT.--Unless the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a) and is committed to being conducive to United States business, beginning on the first day of the fiscal year following the fiscal year in which a country is certified as not conducive to United States business pursuant to subsection (a)(2)-- (i) none of the funds made available for assistance under part I of the Foreign Assistance Act of 1961 (including unobligated balances of prior appropriations) may be made available for the government of such country; and (ii) the Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote against any loan or other utilization of the funds of such institution to or by any country with respect to which a certification described in subparagraph (A) has been made. (C) DURATION OF LIMITATIONS.--Except as provided in subsection (c), the limitations described in clauses (i) and (ii) of subparagraph (B) shall apply with respect to a country that is certified as not conducive to United States business pursuant to subsection (a) until the President certifies to the appropriate committees that the country is making significant progress in implementing the economic indicators described in subsection (a)(1) and is conducive to United States business. (c) EXCEPTIONS.-- (1) NATIONAL SECURITY INTEREST.--Subsection (b) shall not apply with respect to a country described in subsection (b) (1) or (2) if the President determines with respect to such country that making such funds available is important to the national security interest of the United States. Any such determination shall cease to be effective 6 months after being made unless the President determines that its continuation is important to the national security interest of the United States. (2) OTHER EXCEPTIONS.--Subsection (b) shall not apply with respect to-- (A) assistance to meet urgent humanitarian needs (including providing food, medicine, disaster, and refugee relief); (B) democratic political reform and rule of law activities; (C) the creation of private sector and nongovernmental organizations that are independent of government control; and (D) the development of a free market economic system. SEC. 3. TOLL-FREE NUMBER. The Secretary of Commerce shall make available a toll-free telephone number for reporting by members of the public and United States businesses on the progress that countries receiving foreign assistance are making in implementing the economic indicators described in section 2(a)(1). The information obtained from the toll-free telephone reporting shall be included in the report required by section 2(a). SEC. 4. DEFINITIONS. In this Act: (1) APPROPRIATE COMMITTEES.--The term “appropriate committees” means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) MULTILATERAL DEVELOPMENT BANK.--The term “multilateral development bank” means the International Bank for Reconstruction and Development, the International Development Association, and the European Bank for Reconstruction and Development.
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statement
Eightieth Anniversary of the Birthday of Dr. Andrei Sakharov
Thursday, May 17, 2001Mr. Speaker, today I would like to call to the attention of my colleagues the 80th anniversary of the birth of the late Dr. Andrei Dmitrievich Sakharov, one of the truly great figures in the struggle for human rights in the 20th century. On May 21 of this year, Dr. Sakharov would have celebrated his 80th birthday. A brilliant physicist, Dr. Andrei Sakharov enjoyed the respect of his colleagues and the material privileges provided by Soviet officialdom for his work in helping to develop the Soviet atomic bomb. He could easily have continued to enjoy his elevated status in Soviet society, but his conscience would not permit it. He became deeply convinced that the arms race was pointless and a threat to mankind. When he protested privately to Soviet authorities, he was ignored. In 1968, Dr. Sakharov circulated his groundbreaking essay entitled, “Thoughts on Progress, Peaceful Co-Existence and Intellectual Freedom,” in which he drew the connection between human rights and international security. For this challenge to the system, he was barred from military research, and when he continued to protest, he was fired from his work. In 1975, Dr. Sakharov was awarded the Nobel Peace Prize, but Soviet authorities would not allow him to travel to Oslo to receive the award. In January 1980, without any legal procedure, let alone a trial, Dr. Sakharov was picked up on the streets of Moscow by KGB agents and spirited off to exile in the city of Gorky. At the same time, the Kremlin, under the leadership of former KGB chairman Yuri Andropov, launched a crackdown on Soviet dissidents. In 1984, Dr. Sakharov's wife, Dr. Elena Bonner, was convicted of “defaming the Soviet political and social system” and sentenced to join him in exile. Even in these dark hours, Dr. Sakharov, continued to speak out against the war being carried out by Soviet forces in Afghanistan, to defend persecuted human rights activists in the Soviet Union and Eastern Europe, and to address vital issues of disarmament and peace. On three occasions, Dr. Sakharov went on a hunger strike to protest the mistreatment of his friends and colleagues in the human rights movement. During his confinement, his notes and his manuscripts were stolen from him by KGB thugs. President Reagan declared his sixtieth birthday, May 21, 1980, “Andrei Sakharov Day.” In December 1986, Soviet leader Mikhail Gorbachev lifted Dr. Sakharov's exile and “invited” him to return to Moscow. In 1989, Dr. Sakharov was elected to the Congress of People Deputies, an organization that had previously been the rubber stamp legislature for the Soviet Union. In the short time that he served, Dr. Sakharov joined a handful of other elected leaders to press for real reforms in the Soviet Union. On December 14, 1989, the world was saddened to learn of this great man's death. In its coverage of ``the 100 Most Important People of the 20th Century,'' Time magazine noted that, “By the time of his death in 1989, this humble physicist had influenced the spread of democratic ideals throughout the communist world. His moral challenge to tyranny, his faith in the individual and the power of reason, his courage in the face of denunciation and, finally, house arrest--made him a hero to ordinary citizens everywhere.'' Although Andrei Sakharov has passed on and the Soviet Union is no more, the issues that he and his colleagues confronted still challenge us today. “Small wars,” like the bloody conflict in Chechnya, have replaced the big Cold War. Human rights continue to be violated. Arms control and security issues are high on the agenda. Several years ago, Dr. Bonner bequeathed Dr. Sakharov's papers to an American university bearing the name of one of our country's greatest jurists--Justice Louis Brandeis. This is a priceless gift not only to Brandeis, but to our entire nation. A generation of young people who have grown up since the fall of the Soviet Union, will be able to study Dr. Sakharov's writings on civic responsibility, non-violence, ethnic and religious intolerance, and other aspects of human rights and what we now call the human dimension. Mr. Speaker, on this, the eightieth anniversary of the birth of Andrei Sakharov, I urge Americans young and old to acquaint themselves with Dr. Sakharov's struggle for peace and human dignity, and to support educational efforts such as the Sakharov archive at Brandeis to preserve the legacy of an intellectual and humanitarian giant of the 20th century.
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statement
The Moscow Helsinki Group
Thursday, May 10, 2001Mr. President, May 12th marks the twenty-fifth anniversary of the founding of one of the most significant human rights groups of the 20th century, the Moscow Group to Monitor Implementation of the Helsinki Final Act. On August 1, 1975, the United States, Canada, and thirty-three nations of Europe, including the Soviet Union, signed the Final Act of the Conference on Security and Cooperation in Europe, the Helsinki Final Act. Among the agreement's provisions was a section devoted to respect for human rights and fundamental freedoms. The Soviet government viewing the document as a great foreign policy victory published the text, in its entirety, in “Pravda,” the Communist Party's widely circulated newspaper. That move proved to be decisive for the cause of human rights in the Soviet Union. A small group of human rights activists in Moscow, led by Professor Yuri Orlov, read the Helsinki Accords carefully and decided to take their government at its word. On May 12, 1976, at a press conference initiated by Dr. Andrei Sakharov, the group announced the creation of the “Moscow Group for Assistance in Implementation of Helsinki Agreements,” soon to be known simply as the Moscow Helsinki Group. Needless to say, the Soviet authorities were not pleased that a group of private citizens would publicize their government's deplorable human rights record. The KGB swept down on the Moscow Helsinki Group and made its work almost impossible. Members were imprisoned, sent to “internal exile,” expelled from the country, slandered as foreign agents, and harassed. Despite considerable hardship and risks, members of the group persisted and their work served to inspire others to speak out in defense of human rights. Soon similar groups sprang up elsewhere in the Soviet Union dedicated to seeking implementation of the Helsinki Final Act. By 1982, the three remaining members at liberty in Moscow were forced to suspend their public activities. Eventually, domestic and international pressure began to bear fruit and helped usher in dramatic changes under Soviet leader Mikhail Gorbachev. Political prisoners and prisoners of conscience began to be freed and longstanding human rights cases were resolved. In 1989, the Moscow Helsinki Group was reestablished by former political prisoners and human rights activists. In 1996, President Boris Yeltsin signed a decree formally recognizing the contribution of the Moscow Helsinki Group in the campaign to promote respect for human rights in Russia. Mr. President, ten years after the fall of the Soviet Union, the Moscow Helsinki Group continues to promote human rights and fundamental freedoms in the Russian Federation. Working with a network of human rights centers throughout the country, the Moscow Group provides a wide range of assistance to Russian citizens and residents seeking information about human rights. As Chairman of the Commission on Security and Cooperation, I congratulate the Moscow Helsinki Group on its 25th anniversary and wish its members the best in their continued endeavors. Thank you, Mr. President. I yield the floor.
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statement
Resolution on Kalmyk Settlement in America
Tuesday, May 08, 2001Mr. Speaker, today I am introducing a resolution congratulating the Kalmyk people in the United States on the fiftieth anniversary of their settlement in this country. The resolution also encourages continuing scholarly and educational exchanges between the Russian Federation and the United States to encourage better understanding and appreciation of the Kalmyk people and their contributions to the history and culture of both countries. The Kalmyks were originally an ethnic Mongolian nomadic people who have inhabited the Russian steppes for around 400 years. The present Kalmyk Republic of the Russian Federation is located north of the Caspian Sea in southern Russia. During World War II, the Kalmyk people were one of the seven “punished peoples'' exiled en masse by Stalin to “special settlements'' in Siberia and Central Asia for allegedly collaborating with the Nazis. There were about 170,000 deportees. After World War II, several hundred Kalmyks who managed to escape the Soviet Union were held in Displaced Persons camps in Germany. For several years, they were not allowed to emigrate to the United States because of prejudice against their Mongolian ethnicity. However, on July 28, 1951, the Attorney General of the United States issued a ruling which cleared the way for the Kalmyk people in the Displaced Persons camps in Germany to enter the United States. In the fifty years since their arrival, the Kalmyk emigres and their descendants have survived and prospered. Moreover, they are the first community of Tibetan Buddhists to settle in the United States. While adapting to much of America's diverse and modern culture, the Kalmyk have also sought to preserve their own unique traditions. Many continue to practice the Tibetan Buddhist religion. Since the collapse of the Soviet Union, the Kalmyk community of the United States has been able to re-establish contact with the Kalmyk people in the Russian Federation. For the past ten years, a wide exchange has been developed between relatives, students and professionals. Mr. Speaker, our country is so much richer for the presence of our Kalmyk-American citizens. I urge my colleagues to join me and my colleagues Mr. Hoyer, Mr. Pitts, Mr. Cardin, Mr. Wamp, and Mr. Hastings, in congratulating the Kalmyk-American community on the fiftieth anniversary of their settlement in the United States by cosponsoring and supporting this resolution.
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hearing
Ukraine at the Crossroads: Ten Years After Independence
Wednesday, May 02, 2001This hearing discussed Ukraine’s future, given its pervasive, high-level corruption, the controversial conduct of authorities in the Gongadze investigation, and ongoing human rights problems. Commissioners and witnesses mentioned how these issues discouraged foreign investment and expressed a desire on behalf of the U.S. Congress for the country to succeed as an independent, democratic, stable, and economically successful state. Commissioners and witnesses discussed how the United States could best help Ukraine achieve this.
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hearing
Ukraine at the Crossroads: Ten Years After Independence
Wednesday, May 02, 2001The rationale of this hearing, which Sen. Benjamin Nighthorse Campbell presided over, was increasing concern as to Ukraine’s trajectory. More specifically, pervasive, high-level corruption, the controversial conduct of authorities in the Gongadze investigation, and ongoing human rights problems had raised legitimate questions concerning the directions that Ukraine had appeared to be headed. Needless to say, the relationship between the CSCE and Ukraine has been an important one. It was against this backdrop of rampant corruption, which Campbell said discouraged foreign investment, a desire on behalf of the U.S. Congress for the country to succeed as an independent, democratic, stable, and economically successful state, and the recent anniversary of the Chornobyl disaster that the Commission examined how the U.S. could best help Ukraine in the development of democracy, rule of law, respect for human rights, and a market economy.
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statement
Commemorating Armenian Genocide
Tuesday, April 24, 2001Mr. SMITH of New Jersey. Mr. Speaker, as we do every year, I rise to mark April 24, the somber anniversary of one of the great crimes of modern history: the beginning of the genocide perpetrated against the Armenians of the Ottoman Empire. During and after World War I, a government-orchestrated campaign to eliminate the Armenians under Ottoman rule led to the slaughter of about one and a half million people. Entire communities were uprooted, as survivors fled their homes and were forced into exile. Fortunately for them, the United States offered a haven. In turn, Armenian refugees gave this country the best they had to offer. Their contributions in many fields of endeavor have energized and enriched American culture and politics. Surely Turkey's loss has been America's gain, as Armenian refugees in the early part of the 20th century and their progeny have become an inspiring success story. Turkey has lost in another way: its longstanding campaign of denial that the atrocities perpetrated during 1915-1923 were a genocide has not convinced anyone. More and more representative institutions across the world have openly declared their recognition of the genocide , and their number will grow. By refusing to acknowledge what the rest of the world sees, Turkey has stunted its own development and complicated its ability to come to terms with its own past, present, and future. As we soberly mark April 24 this year, there is at least reason to hope for progress on a front important to all Armenians. The OSCE-brokered negotiations over Nagorno-Karabakh finally seems to be making headway. Though the details remain confidential, the recent meeting between Armenia's President Kocharian and Azerbaijan's President Aliev in Key West, Florida apparently went well enough for the OSCE Minsk Group to prepare a new peace proposal that will be presented to the parties in Geneva in June. Much hard bargaining surely lies ahead. Nevertheless, for the first time in years, we can allow ourselves of bit of optimism about the prospects for peace in a very troubled and important region. Mr. Speaker, nothing can compensate for the loss of so many Armenians last century. But a prospering Armenia, at peace with its neighbors, and giving free rein to the natural abilities of this talented people, would mitigate the pain and sorrow we feel today.
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statement
Freedom of the Media in Russia
Tuesday, April 03, 2001Mr. Speaker, I participated recently in a Congressional delegation to Russia, led by my friend CURT WELDON, where we met with government officials and others to assess the economic and political situation in that country and the state of U.S.-Russian relations. As Co-Chairman of the Duma-Congress Study Group on which I serve with Mr. WELDON, and as former Chairman and Ranking Member of the Helsinki Commission, I have traveled to Russia and the former Soviet Union frequently since the early 1980s. We are encouraged by Russia's continued progress, however tentative it may appear at times, towards becoming a democratic state that guarantees the inalienable rights, including religious freedom and respect for human rights and the rule of law, of all its citizens. That is why it is disturbing to see an important tenet of democracy--freedom of the media--being threatened by federal government actions and by local officials as well. The seriousness of this problem has been addressed by both the Clinton and Bush Administrations and has received widespread attention in the Western press, including recent editorials in The Wall Street Journal and The Washington Post. In Moscow, we were briefed by Ambassador Jim Collins, who told us about the threats to the media, particularly NTV and its holding company, Media Most, and we also met with Evgeny Kiselev, head of NTV--the only independently operated television station in Russia--who described incidents of harassment and intimidation directed against himself and other NTV personnel. Moreover, as we have seen in the past, journalists in Russia are under threat of physical attacks, even murder, at the hands of unknown assailants if they offend the wrong people with their reporting Mr. Speaker, I would like to bring to the attention of my colleagues the State Department's Country Report on Human Rights Practices-2000, just sent to the Congress by the Bureau of Democracy, Human Rights, and Labor, as required by law. It is a valuable document that assesses human rights conditions, country by country, around the world and has proven a reliable source of information for Members to better understand how individual governments treat their own citizens. The section on Russia, which covers 45 pages, states that the government ``generally respected the human rights of its citizens in many areas,'' but that ``serious problems remain, including independence and freedom of the media. . . .'' The report goes on to state ``Federal, regional, and local governments continued to exert pressure on journalists by: initiating investigations by the federal tax police, FSB, and MVD of media companies such as independent Media-Most. . . .'' The report also provides an account of the government harassment of and threats to Mr. Vladimir Goussinsky, founder and chairman of Media-Most, which owns NTV, and his arrest and detention in a Moscow prison. Today, Mr. Goussinsky is confined in Spain, awaiting the disposition of a Russian prosecutor's request for extradition, as Kremlin authorities have been engaged in a series of actions to shut down the country's only privately owned television station, or have it taken over by a government-controlled company. Sadly, Mr. Speaker, these efforts have come to fruition today. Press reports indicate that, in an apparent boardroom coup, the current NTV board, including Mr. Goussinsky, was ousted by the Russian gas firm Gazprom, which says it owns a controlling stake of the station. Mr. Kiselev has been replaced by an associate of the Gazprom directors. Russia's only two other nationwide television stations, ORT and RTR, are already controlled by the government. Mr. Speaker, I urge the government of the Russian Federation to strengthen democratic institutions and the rule of law by guaranteeing and supporting media pluralism and independence in Russia. Clearly, the foundation of a free and democratic society is a well informed citizenry. That foundation crumbles when freedom of speech and freedom of the media are suppressed. I also urge my colleagues to review the State Department's report on human rights conditions, particularly the section on Russia.
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hearing
Recent Developments in and Around Kosovo
Thursday, March 29, 2001This hearing discussed the escalating tensions in the Balkans and potential actions by NATO, the OSCE and the U.S. to address the situation. Witnesses expressed their concern that the latest outbreak of violence threatened to undermine efforts by the international community to bring a degree of order to the region. This hearing also discussed the OSCE’s work in Kosovo.
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statement
Turkey and Possible Military Equipment Sales
Thursday, November 02, 2000Mr. Speaker, the United States has a longstanding dynamic relationship with our NATO ally, the Republic of Turkey, and I believe that the strength of that relationship relies on forthright candor. I have willingly recognized positive developments in Turkey, and I have sought to present fairly the various human rights concerns as they have arisen. Today, I must bring to my colleagues' attention pending actions involving the Government of Turkey which seem incongruous with the record in violation of human rights. I fear the planned sale of additional military aircraft to Turkey could potentially have further long-term, negative effects on human rights in that country. As Chairman of the Helsinki Commission, I presided over a hearing in March of 1999 that addressed many human rights concerns. The State Department had just released its Country Reports on Human Rights Practices covering 1998. Commissioner and Assistant Secretary of State for Democracy, Human Rights and Labor Harold Hongju Koh noted in testimony before the Commission that ‘serious human rights abuses continued in Turkey in 1998, but we had hoped that the 1998 report would reflect significant progress on Turkey's human rights record. Prime Minister Yilmaz had publicly committed himself to making the protection of human rights his government's highest priority in 1998. We had welcomed those assurances and respected the sincerity of his intentions. We were disappointed that Turkey had not fully translated those assurances into actions.’ I noted in my opening statement, ‘One year after a commission delegation visited Turkey, our conclusion is that there has been no demonstrable improvement in Ankara's human rights practices and that the prospects for much needed systemic reforms are bleak given the unstable political scene which is likely to continue throughout 1999.' Thankfully, eighteen months later I can say that the picture has improved- somewhat. A little over a year ago the president of Turkey's highest court made an extraordinary speech asserting that Turkish citizens should be granted the right to speak freely, urging that the legal system and constitution be ‘cleansed,’ and that existing ‘limits on language’ seriously compromised the freedom of expression. The man who gave that speech, His Excellency Ahmet Necdet Sezer, is the new President of the Republic of Turkey. Last summer several of us on the Commission congratulated President Sezer on his accession to the presidency, saying, in part: We look forward to working with you and members of your administration, especially as you endeavor to fulfill your commitments to the principles of the Helsinki Final Act and commitments contained in other Organization for Security and Cooperation in Europe (OSCE) documents. These human rights fundamentals are the bedrock upon which European human rights rest, the solid foundation upon which Europe's human rights structures are built. It is worth remembering, twenty-five years after the signing of the Final Act, that your predecessor, President Demerel, signed the commitments at Helsinki on behalf of Turkey. Your country's engagement in the Helsinki process was highlighted during last year's OSCE summit in Istanbul, a meeting which emphasized the importance of freedom of expression, the role of NGOs in civil society, and the eradication of torture. Your Presidency comes at a very critical time in modern Turkey's history. Adoption and implementation of the reforms you have advocated would certainly strengthen the ties between our countries and facilitate fuller integration of Turkey into Europe. Full respect for the rights of Turkey's significant Kurdish population would go a long way in reducing tensions that have festered for more than a decade, and resulted in the lengthy conflict in the southeast. Your proposals to consolidate and strengthen democracy, human rights and the rule of law in Turkey will be instrumental in ushering in a new era of peace and prosperity in the Republic. The Helsinki Final Act and other OSCE documents can serve as important guides in your endeavor. We all recall the pending $4 billion sale of advanced attack helicopters to the Turkish army. I have objected to this sale as leading human rights organizations, Turkish and western press, and even the State Department documented the use of such helicopters to attack Kurdish villages in Turkey and to transport troops to regions where civilians were killed. Despite repeated promises, the Turkish Government has been slow to take action which would hold accountable and punish those who have committed such atrocities. And we recently learned of the pending sale of eight even larger helicopters, S-80E heavy lift helicopters for Turkey's Land Forces Command. With a flight radius of over three hundred miles and the ability to carry over fifty armed troops, the S-80E has the potential to greatly expand the ability of Turkey's army to undertake actions such as I just recounted. Since 1998, there has been recognition in high-level U.S.-Turkish exchanges that Turkey has a number of longstanding issues which must be addressed with demonstrable progress: decriminalization of freedom of expression; the release of imprisoned parliamentarians and journalists; prosecution of police officers who commit torture; an end of harassment of human rights defenders and re-opening of non-governmental organizations; the return of internally displaced people to their villages; cessation of harassment and banning of certain political parties; and, an end to the state of emergency in the southeast. The human rights picture in Turkey has improved somewhat in the last several years, yet journalists continue to be arrested and jailed, human rights organizations continue to feel pressure from the police, and elected officials who are affiliated with certain political parties, in particular, continue to be harassed. Anywhere from half a million to 2 million Kurds have been displaced by the Turkish counter insurgency campaigns against the Kurdistan Workers Party, also known as the PKK. The Turkish military has reportedly emptied more than three thousand villages and hamlets in the southeast since 1992, burned homes and fields, and committed other human rights abuses against Kurdish civilians, often using types of helicopters similar to those the Administration is seeking to transfer. Despite repeated promises, the Government of Turkey has taken few steps to facilitate the return of these peoples to their homes, assist them to resettle, or compensate them for the loss of their property. Nor does it allow others to help. Even the ICRC has been unable to operate in Turkey. And, finally, four parliamentarians, Leyla Zana, Hatip Dicle, Orhan Dogÿan, and Selim Sadak, continue to serve time in prison. We cannot proceed with this sale, or other sales or transfers, when Turkey's Government fails to live up to the most basic expectations mentioned above. Mr. Speaker, I think it is also time that the United States establishes an understanding with Turkey and a credible method of consistent monitoring and reporting on the end-use of U.S. weapons, aircraft and service. An August 2000 report from the General Accounting Office (GAO) entitled ‘Foreign Military Sales: Changes Needed to Correct Weaknesses in End-Use Monitoring Program’ was a cause for concern on my part regarding the effectiveness of current end-use monitoring and reporting efforts. While we had been assured that end-use monitoring was taking place and that the United States was holding recipient governments accountable to the export license criteria, the GAO report reveals the failure of the Executive Branch to effectively implement monitoring requirements enacted by Congress. For example, the report points out on page 12: “While field personnel may be aware of adverse conditions in their countries, the Defense Security Cooperation Agency has not established guidance or procedures for field personnel to use in determining when such conditions require an end-use check.” For example, significant upheaval occurred in both Indonesia and Pakistan within the last several years. As a result, the State Department determined that both countries are no longer eligible to purchase U.S. defense articles and services. However, end-use checks of U.S. defense items already provided were not performed in either country in response to the standard. DSCA officials believed that the State Department was responsible for notifying field personnel that the criteria had been met for an end-use check to be conducted. However, DSCA and State have never established a procedure for providing notification to field personnel. Currently, the end-use monitoring training that DSCA provides to field personnel consists of a 30-minute presentation during the security assistance management course at the Defense Institute of Security Assistance Management. This training is intended to familiarize students with end-use monitoring requirements. However, this training does not provide any guidance or procedures on how to execute an end-use monitoring program at overseas posts or when to initiate end-use checks in response to one of the five standards. In the past there have been largely ad hoc attempts to report on the end-use of U.S. equipment. Therefore, I was pleased to support the passage of H.R. 4919, the Security Assistant Act of 2000 that was signed by the President on October 6. Section 703 of this Act mandates that no later than 180 days after its enactment, the President shall prepare and transmit to Congress a report summarizing the status of efforts by the Defense Security Cooperation Agency to implement the End-Use Monitoring Enhancement Plan relating to government-to-government transfers of defense articles, services, and related technologies. I want to commend House International Relations Committee Chairman Ben Gilman for his efforts in trying to make our end-use monitoring and reporting programs effective and accurate. I look forward to working with him and others to ensure that an effective and credible monitoring program is put in place without further delay. We must be consistent in our defense of human rights, and our relations, including our military relations, must reflect that commitment. For this reason, Mr. Speaker, I am not prepared to support the sale of additional weaponry and aircraft to Turkey at this time.
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statement
Russian Arms Sales to Iran
Thursday, October 26, 2000Mr. Speaker, there is no greater sponsor of terrorism in the world than the Islamic Republic of Iran. Iran has taken Americans for hostages, given weapons to suicide bombers, and taken the lead in the movement to wipe Israel off the face of the earth. There is no government more radical, more extremist, or more dangerous to our national interests. So why did Vice President Al Gore cut a deal with the Russians to allow weapons sales to Iran? Al Gore himself when he was Senator introduced the Iran-Iraq Arms Nonproliferation Act in 1992. And now he winks and nods to Viktor Chernomyrdin, letting him know it is okay to violate American national interests. Mr. Speaker, the recent bombing of the U.S.S. Cole demonstrated again how serious a threat terrorism is to America and her allies. It is a violation of law to tell Russians it is okay to sell arms to Iran. Worse, it places American lives at risk. And now they are trying to hide it from Congress. We expect better judgment from a man who wants to be our President.
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publication
Report on the Russian Presidential Elections March 2000
Friday, October 20, 2000On March 26, 2000, Acting President of the Russian Federation Vladimir V. Putin, running with the backing of the Unity party, was elected by a sizable margin to a full 4-year term. As reported by the Central Election Commission, Putin received almost 53 percent, with 39,740,434 votes out of a field of 11 candidates and the option of voting against all candidates. His nearest competitor, Communist Party chairman Gennady Zyuganov, tallied a little under 30 percent with almost 22 million votes. The rest of the field showed single-digit percentages. More than 75 million people took part in the election, for a 68.74 percent turnout. A comparatively small number of voters, about 1.5 million, chose the none of the above option. Details of the election results are listed below. The presidential election was occasioned by the abrupt resignation of President Boris Yeltsin on New Years Day, 2000, and his appointment of Prime Minister Putin as Acting President. Yeltsin had been elected to a second term in 1996. As Acting President, Putin had promoted a no-compromise policy in pressing the war against Chechnya, and created an image of returning Russia to stability after the economic and social uncertainties of the Yeltsin presidency. Putin ran an almost above it all campaign, refusing to issue a platform or make significant election-oriented policy statements. In its March 27, 2000 press release, the elections were characterized by the International Election Observation Mission (a joint effort of the Organization for Security and Cooperation in Europe (OSCE) Office of Human Rights and Democratic Institutions, the OSCE Parliamentary Assembly, and the Council of Europe) as "[marking] further progress for the consolidation of democratic elections in the Russian Federation." Both the Communist Party and Yabloko leadership claimed to have evidence of blatant violations in several regions. The final report of the OSCE/ODIHR observer mission also found that Notwithstanding the CEC effort to enforce the law vigorously, candidates, campaign organizations and supporters circumvented the law in some cases.
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statement
Calling for Immediate Release of Mr. Edmond Pope from Prison in Russian Federation
Tuesday, October 10, 2000Mr. Speaker, I thank the gentleman for yielding me this time. First of all, I rise in very strong support of the Peterson resolution, H. Con. Res. 404, calling for the immediate release of Edmond Pope from prison in the Russian Federation based on humanitarian reasons. I think it is very important that the chairman of the House Committee on International Relations and the ranking member, the gentleman from New York (Mr. Gilman) and the gentleman from Connecticut (Mr. Gejdenson), have moved very quickly on this resolution to bring it to the floor and before our colleagues because this is a very, very important resolution of humanitarian concern. This resolution calls for the immediate release of Mr. Pope, an American citizen arrested for allegedly spying in Russia and, as we know, in prison now in Moscow since early April of this year. Mr. Pope has been arrested for trying to purchase so-called secret technology that had already been advertised for commercial sale. Mr. Speaker, I would be the first to agree that countries are entitled to protect sensitive information or state secrets; but the case against Mr. Pope is without merit. When we consider that the Russian Government has already released the alleged co-conspirator in this case, it is difficult to understand why Mr. Pope is considered such a danger. As the gentleman from Pennsylvania (Mr. Peterson) so passionately and eloquently pointed out, Mr. Pope is seriously ill and the Russian Government has not permitted an American physician to even visit him, which one might expect on simple humanitarian grounds. Mr. Speaker, the Russian Government recently announced that the Pope case has been turned over to the court. This may look like progress, but experience tells us otherwise. When we look at the long drawn out case of Alexandr Nikitin, for whom it took 4 1/2 years to prove his innocence on trumped-up charges of espionage, I believe it is unlikely Mr. Pope would survive a lengthy judicial process. Mr. Speaker, the U.S. Government has repeatedly raised this case with the Russian Government. Why are they not listening? At a recent hearing of our Committee on International Relations, our Secretary of State, Madeleine Albright, reiterated her conviction this case should be resolved quickly in Mr. Pope's favor. Finally, I would note that in connection with this case, a Moscow radio station stated that the Russian security service often considers principles of humanity in deciding whom to release. It seems no other person in Russia today fits that definition. This man is sick, he is innocent, and he needs to be released. Again, I want to thank the gentleman from Pennsylvania (Mr. Peterson) for his great leadership on this case.
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statement
Calling the President to Issue a Proclamation Recognizing the 25th Anniversary of the Helsinki Final Act
Monday, September 25, 2000Mr. Speaker, I thank the gentleman from New York (Mr. Gilman) for yielding me time. Mr. Speaker, at the outset, let me give a special thanks to Bob Hand, who is a specialist on the Balkans, especially the former Yugoslavia and Albania, at the Helsinki Commission. As my colleagues know just a few moments ago, we passed H.R. 1064 by voice vote, legislation that I had introduced early last year. We went through many drafts and redrafts, and I would like to just thank Bob for the excellent work he and Dorothy Taft, the Commission's Chief of Staff, did on that legislation. H.R. 1064 would not have been brought to the floor in a form we know the Senate will pass quickly and then forward for signature, without their tremendous work on this piece of legislation, and their organization of a whole series of hearings that the Helsinki Commission has held on the Balkans. We have had former Bosnian Prime Minister Silajdzic, for example, testify at several hearings. The Congress itself has had so much input into this diplomatic process which we know as the ``Helsinki process,'' and they have done yeoman's work on that. Mr. Speaker, I rise and ask my colleagues to support passage of H.J. Res. 100, recognizing the 25th anniversary of the signing of the Helsinki Final Act. I am pleased that we have more than 40 cosponsors on this resolution, and that includes all of our colleagues on the Helsinki Commission. The gentleman from Maryland (Mr. Hoyer) is the ranking Democratic Member, and my good friend and colleague. Mr. Speaker, the Helsinki Final Act was a watershed event in European history, which set in motion what has become known as the Helsinki process. With its language on human rights, this agreement granted human rights the status of a fundamental principle regulating relations between the signatory countries. Yes, there were other provisions that dealt with economic issues as well as security concerns, but this country rightfully chose to focus attention on the human rights issues especially during the Cold War years and the dark days of the Soviet Union. The Helsinki process, I would respectfully submit to my colleagues, was very helpful, in fact instrumental, in relegating the Communist Soviet empire to the dust bin of history. The standards of Helsinki constitute a valuable lever in pressing human rights issues. The West, and especially the United States, used Helsinki to help people in Czechoslovakia, in East Germany and in all the countries that made up the OSCE, which today comprises 54 nations with the breakup of the Soviet Union and other States along with the addition of some new States. Let me just read to my colleagues a statement that was made by President Gerald Ford, who actually signed the Helsinki Accords in 1975. He stated, and I quote, “the Helsinki Final Act was the final nail in the coffin of Marxism and Communism in many, many countries and helped bring about the change to a more democratic political system and a change to a more market oriented economic system.” The current Secretary General of the OSCE, Jan Kubis, a Slovak, has stated, and I quote him, “As we remember together the signature of the Helsinki Final Act, we commemorate the beginning of our liberation, not by armies, not by methods of force or intervention, but as a result of the impact and inspiration of the norms and values of an open civilized society, enshrined in the Helsinki Final Act and of the encouragement it provided to strive for democratic change and of openings it created to that end. Mr. Speaker, the Helsinki Final Act is a living document. We regularly hold follow-up conferences and meetings emphasizing various aspects of the accords, pressing for compliance by all signatory states. I urge Members to support this resolution, and I am very proud, as I stated earlier, to be Chairman of the Helsinki Commission. Mr. Speaker, I include for the Record the Statement made by the U.S. Ambassador to the OSCE, David T. Johnson, at the Commemorative meeting on the 25th Anniversary of the Helsinki Final Act Statement at the 25th Anniversary of the Helsinki Final Act (By Ambassador David T. Johnson to the Commemorative Meeting of the Permanent Council of the OSCE) Madame Chairperson, as we look with fresh eyes today at the document our predecessors signed on August 1, 1975, we are struck by the breadth of their vision. They agreed to work together on an amazing range of issues, some of which we are only now beginning to address. The States participating in the meeting affirmed the objective of “ensuring conditions in which their people can live in true and lasting peace free from any threat to or attempt against their security;” they recognized the “indivisibility of security in Europe'' and a ``common interest in the development of cooperation throughout Europe.” One of the primary strengths of the Helsinki process is its comprehensive nature and membership. Human rights, military security, and trade and economic issues can be pursued in the one political organization that unites all the countries of Europe including the former Soviet republics, the United States and Canada, to face today's challenges. Over the past twenty-five years we have added pieces to fit the new realities, just last November in Istanbul we agreed on a new Charter for European Security and an adapted Conventional Forces in Europe treaty. But the most significant provision of the Helsinki Agreement may have been the so-called Basket III on Human Rights. As Henry Kissinger pointed out in a speech three weeks after the Final Act was signed, “At Helsinki, for the first time in the postwar period, human rights and fundamental freedoms became recognized subjects of East-West discourse and negotiations. The conference put forward . . . standards of humane conduct, which have been, and still are, a beacon of hope to millions.” In resolutions introduced to our Congress this summer, members noted that the standards of Helsinki provided encouragement and sustenance to courageous individuals who dared to challenge repressive regimes. Many paid a high price with the loss of their freedom or even their lives. Today we have heard from you, the representatives of the many who have struggled in the cause of human rights throughout the years since Helsinki. We are in awe of you, of the difficult and dangerous circumstances of your lives, and of what you have and are accomplishing. Many of us here cannot comprehend the conditions of life in a divided Europe. And those who lived under repressive regimes could not have imagined how quickly life changed after 1989. Political analysts both East and West were astounded at the rapidity with which the citizens of the former Iron Curtain countries demanded their basic rights as citizens of democratic societies. What we have heard time and again is that the Helsinki Final Act did matter. Leaders and ordinary citizens took heart from its assertions. The implementation review meetings kept a focus fixed on its provisions. Even before the Wall came down, a new generation of leaders like Nemeth in Hungary and Gorbachev in the Soviet Union made decisions to move in new directions, away from bloodshed and repression. In the summer of 1989, the Hungarians and Austrian cooperated with the West Germans to allow Romanians and East Germans to migrate to the West. Looking at what was happening in Europe, the young State Department analyst Francis Fukuyama, wrote an article which captured the world's attention. In ``The End of History,'' he claimed that what was happening was not just the end of the Cold War but the end of the debate over political systems. A consensus had formed that democracy, coupled with a market economy, was the best system for fostering the most freedom possible. And then in the night of November 9, 1989, the Berlin Wall opened unexpectedly. Citizens emerging from repressive regimes knew about democracy and told the world that what they wanted more than anything else was to vote in free and fair elections. Only a year after the fall of the Wall, a reunited Germany held elections at the state and national level. Poland, Hungary, and the Baltic states carried out amazing transformations beginning with elections which brought in democratic systems. When Albania descended into chaos in 1997, groups across the country shared a common desire for fair elections. We have seen Croatia and the Slovak Republic re-direct their courses in the past several years, not by violence but through the ballot box. Just a few weeks ago, citizens of Montenegro voted in two cities with two different results, in both instances there was no violence and the new governments are moving forward with reforms to benefit their citizens. OSCE has time and again stepped up to assist with elections and give citizens an extra measure of reassurance that the rest of the world supports them in the exercise of their democratic rights. We are all aware that in the decades since Helsinki, we have seen conflict, torture, and ethnic violence within the OSCE area. Unfortunately, not all areas in the OSCE region made a peaceful transition to the Euro-Atlantic community of democratic prosperity. Some OSCE countries remain one-party states or suffer under regimes which suppress political opposition. Perhaps the most troubled region is the former Yugoslavia. As Laura Silber has written in the text to the BBC series “The Death of Yugoslavia,” “Yugoslavia did not die a natural death. Rather, it was deliberately and systematically killed off by men who had nothing to gain and everything to lose from a peaceful transition from state socialism and one-party rule to free-market democracy.” We need only look at the devastation of Chechnya and the continuing ethnic strife in parts of the former Yugoslavia to realize there is much still to be done in the OSCE region. We must continue our work together to minimize conflict and bring contending sides together, foster economic reforms through enhanced transparency, promote environmental responsibility, and or fight against organized crime and corruption. Human rights remain very much on our agenda as we seek to eradicate torture, and find new solutions for the integration of immigrants, minorities and vulnerable peoples into our political life. “Without a vision,” wrote the prophet Isaiah so long ago, “the people will perish.” We here today have a vision of collective security for all the citizens of the OSCE region. After twenty-five years, the goals embodied in the Helsinki final act remain a benchmark toward which we must continue to work. The Panelists have reminded us today that the Helsinki Final Act has incalculable symbolic meaning to the citizens of our region; we must continue to take on new challenges as we strive to keep this meaning alive. Mr. Crowley. Mr. Speaker, it is my pleasure to yield 8 minutes to the gentleman from Maryland (Mr. Hoyer), the ranking member of the Helsinki Commission. Mr. Hoyer: Mr. Speaker, I thank the distinguished gentleman from New York (Mr. Crowley) for yielding me the time. I thank the gentleman from New York (Mr. Gilman), the Chairman of the Committee on International Relations, for bringing this resolution to the floor. I am pleased to join my very good friend, the gentleman from New Jersey (Mr. Smith), with whom I have served on the Helsinki Commission since 1985 and who is now the chairman of our commission and does an extraordinarily good job at raising high the banner of human rights, of freedom, and democracy and so many other vital values to a free people. I am honored to be his colleague on the Helsinki Commission. Mr. Speaker, I rise in strong support of H.J. Res. 100 which commemorates the 25th anniversary of the signing of the Helsinki Final Act which, was signed on August 1, 1975. It is my firm belief that the political process set in motion by the signing of the Final Act was the groundwork for the forces which consumed the former Soviet empire. In 1975, many of the Final Act signatory states viewed the language of the act dealing with human rights and the obligation that each state had toward its own citizens, as well as those of other states, as essentially meaningless window dressing. Their objective, it was felt that of the Soviets, was to secure a framework in which their international political position and the then existing map of Europe would be adjudged a fait accompli. Let me say as an aside that as we honor the 25th anniversary of the Helsinki Final Act, we ought to honor the courage and the vision of President Gerald Ford. I am not particularly objective. President Ford is a friend of mine for whom I have great affection and great respect, but those who will recall the signing of the Final Act in August of 1975 will recall that it was very controversial, and that many particularly in President's Ford's party thought that it was a sellout to the Soviets, thought that it was, in fact, a recognition of the de facto borders that then existed with the 6 Warsaw Pact nations, captive nations, if you will. President Ford, however, had the vision and, as I said, the courage, to sign the Final Act on behalf of the United States along with 34 other heads of state; that act became a living and breathing process, not a treaty, not a part of international law, but whose moral suasion ultimately made a very significant difference.
Title
The Future of Chechnya
Former senatosr and commissionesr chaired this hearing, which focused on the efforts of the citizens in Chechnya to free themselves from Russian power. Russia’s “transgressions” against the Chechnyan populace entailed lack of recognition of international principles. More specifically, the 1994 OSCE Budapest Document, with which the Russians agreed, stipulates that each participating state will ensure that its armed forces are commanded in a way that is consistent with the provisions of international law. Moreover, even when force cannot be avoided, each state will ensure that its use must be commensurate with the needs.
At the time of this hearing, anywhere between 30,000 and 80,000 people had been killed because of the conflict in the territory, and tens of thousands of men, women, and children had been driven from their homes. In addition, there had been a cease-fire in Chechnya. However, the dangers had not recently ended.