Title

Genocide in Bosnia

Tuesday, April 04, 1995
2:00pm
2322 Rayburn House Office Building
Washington, D.C., 20024
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Alfonse Amato
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Frank Wolf
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Steny H. Hoyer
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Benjamin Cardin
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. James Moran
Title Text: 
Member of Congress
Body: 
House of Representatives
Name: 
Hon. Frank R. Lautenberg
Title Text: 
Senator
Body: 
Senate
Witnesses: 
Name: 
Professor Cherif Bassiouni
Title: 
Proffessor of Law at DePaul University
Body: 
President of International human Rights Law Institute
Name: 
Andras Riedlmayer
Title: 
Bibliographer
Body: 
Harvard University
Name: 
Roy Gutman
Title: 
Journalist/Pulitzer Prize Winner
Body: 
Newsday
Name: 
David Rieff
Title: 
Author

This hearing focused on determinig if the recent ethnic cleansing, the destruction of cultural sites, and war crimes and crimes against humanity in Bosnia and the former Yugoslavia constituted genocide.  In particular, the witnesses and Commissioners discussed  how many of the war crimes were committed on orders from the military and the political leadership.

Relevant countries: 
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  • Religious Freedom in Southeastern Europe

    By H. Knox Thames, CSCE Counsel While the free practice of religion is generally enjoyed in Southeastern Europe, problematic policies exist that run counter to commitments made when countries from the region joined the Organization for Security and Cooperation in Europe (OSCE). Issues range from discriminatory legal schemes denying small religious communities registration to harsh government actions against unpopular religious groups and their leaders. As will be discussed, having a legal mechanism for religious groups to achieve juridical personhood is important in ensuring religious freedom for all. Furthermore, this does not necessitate the creation of special religion laws, as legal status can be established through tax or corporation laws. Albanian and Bosnian Examples Despite shortcomings in other areas, Albania’s system for conferring registration and legal status to religious communities could serve as a model to others in the region. All religious groups with at least five members and meeting minimal criteria may obtain legal and non-profit status under the Law on Associations, the same status given to any applicant group, whether religious or secular. Albania’s neutral approach avoids the problematic entanglements of special religion laws common elsewhere in the region. Bosnia and Herzegovina missed an opportunity to lead by example, as many parts of its recently passed Law on Freedom of Religion and the Legal Position of Churches and Religious Communities are well constructed, explicitly protecting manifestations of religious belief while limiting the ability of the government to interfere in the internal affairs of a religious group. Unfortunately, the law also contains troubling provisions which include penalties against free speech while setting numerical thresholds for obtaining legal status. For unregistered groups to qualify for official status, they must meet a membership threshold of at least 300 citizens. The law could be brought into harmony with OSCE commitments, should the Bosnian parliament amend the law, either expunging or significantly reducing this numerical requirement. While there has been marked improvement in recent years, the lack of physical security for minority religious communities and their places of worship as well as ineffective law enforcement and judicial action remain real problems. Police and prosecutors in Bosnia and Herzegovina have proven slow or unwilling to protect minority groups in some areas. The answer is not a specially crafted religion law with novel criminal penalties, but better enforcement of current laws by police and determined prosecutions by authorities. OSCE Leadership: Bulgaria and Slovenia Despite Bulgaria’s status as OSCE Chairman-in-Office in 2004, religious freedom conditions took a turn for the worse when, in July, the authorities seized properties used by the alternative Bulgarian Orthodox synod for more than 10 years. The 2002 Law on Religions blatantly favors the Bulgarian Orthodox Church over the alternative Orthodox synod and other religious groups, thereby providing legal cover for the church seizures. While there is no numerical threshold for registration, the legal system established by the law appears open to manipulation and arbitrary decisions. Additionally, the sanctions available under the Law on Religions are also ambiguous yet far-reaching, potentially restricting a variety of religious freedom rights. It is not too late for Bulgarian authorities to erase this dark spot by immediately reinstating to the alternative synod full control of the seized properties until the courts settle the dispute. The overall situation for religious freedom is good in Slovenia, which became Chairman-in-Office of the OSCE on January 1, 2005. The registration system for religious communities is simple, and there are no numerical thresholds or formal requirements to overcome. While the small Muslim community in Ljubljana has experienced problems in obtaining permission to build a mosque, it appears the matter is being resolved. One city counselor successfully initiated a referendum in May opposing the zoning regulation change to allow the building of the mosque. However, the Constitutional Court found the referendum to be unconstitutional, thereby removing this hurdle to construction. It is hoped there will be no further bureaucratic delays, so construction can begin as Slovenia takes up the OSCE chairmanship. Law and Practice in Croatia and Macedonia While the freedom to practice religion is generally respected in Croatia, the Law on the Legal Status of Religious Communities passed in July 2002 falls short of OSCE commitments, establishing a discriminatory, tiered system of registration. For a new religious group to enjoy the rights and benefits available with the higher Religious Communities status, it must demonstrate a membership of at least 500 individuals and be registered under the lesser Religious Association status for five years. Benefits explicitly given to Religious Communities include: freedom to operate independently; capacity to determine their internal organization; freedom to conduct religious meetings in their own or leased space; tax exemptions; the right to establish schools; and ability to receive state funding. Considering Croatia’s candidacy for the European Union, current EU members France, the Netherlands, Italy, Germany, and Slovenia do not use membership thresholds in conferring registration. In addition to the excessive numerical threshold and the five-year prohibition on registering new groups as Religious Communities, the law declares that the name and insignia of a religious group may not contain the official names and insignia of other countries. Doing so will cause the denial of registration. In addition, it is unclear under the law whether Religious Communities or Associations may legally conduct meetings in private homes or apartments. To lessen the likelihood of problems in the future and to set a positive example for others, Croatia should correct these deficiencies, as well as eliminate or significantly reduce the 500-member threshold. The legal framework governing religious freedom in Macedonia is ambiguous, due to Constitutional Court decisions striking down provisions of the 1997 Law on Religious Communities and Religious Groups, such as the numerical threshold for registration. Since religious groups are required to register, the lack of a clear mechanism can be problematic. Adding to the confusion, the U.S. State Department reports that the remaining provisions of the religion law are not consistently applied, leading to arbitrary delays in granting registration. The government could easily close this gap by creating simple avenues to obtain equal status either through the civil or administrative code. In addition to these legal problems, concern exists about the situation surrounding Bishop Jovan (Zoran Vraniskovski). Macedonian officials, in response to the ecclesiastical dispute concerning the status of the Macedonian Orthodox Church, have over-reacted to Jovan’s activities on behalf of the Serbian Orthodox Church. Authorities in January 2004 arrested Jovan for conducting a church service in a private apartment. Responding to complaints of neighbors about disturbing the peace is appropriate, but sentencing him to 18 months in jail for “causing national, racial or religious hate, discord and intolerance” is excessive and unjustified. Escalating things further, police officials in October reportedly bulldozed the foundations of a new chapel Jovan’s followers had begun to build, allegedly because local authorities had not received permission to start construction. (There is also concern about reports the government intends to demolish another Serbian Orthodox Church established in the village of Luzani.) Those sympathetic to the larger issues surrounding the Macedonian Orthodox Church and its status should be among the first to defend the rights of others to participate in the church of their choosing. The government, at least, must exhibit more restraint and end these harassments, and also pay reparations for the destroyed buildings. Problematic Draft Laws Elsewhere The legal framework for Serbia remains uncertain, since the 1976 communist-era law was abandoned in 1993. A draft religion law circulated earlier this year contained numerous shortcomings, blatantly tilting the playing field in favor of seven “traditional” communities and establishing the numerical threshold of 1000 members for new groups to register. Despite improvements, the new draft micromanages the affairs of religious groups, while making contingent most of the rights and benefits available to religious communities on the meeting of the burdensome 1000-member threshold. For smaller groups, this will result in the serious limitation of their activities; the draft prohibits unregistered groups from renting or owning land for worship, using private apartments for meetings, holding public events, receiving donations or opening schools or orphanages. Registration can be revoked for vague and arbitrary reasons – if a group “destroys family” or “disrupts spiritual integrity . . . for the purpose of . . . spreading its doctrine.” The draft reaches into the internal affairs of religious groups, as all are “obliged” to “inspire understanding” of others and not “spread lies, prejudices or intolerance” against other faiths. In addition, local officials would be empowered to monitor how religious groups use voluntary contributions. Serbian authorities are urged to seek technical assistance and input from individuals on the OSCE Panel of Experts on Religious Freedom or Belief, just as their predecessors at the federal, Yugoslav level did roughly two years ago, in order to develop a new draft that comports with international norms and practice. Regarding other issues, a dispute over a Romani church in Leskovac will be resolved when municipal authorities fulfill a pledge to provide some of the land nearby for an alternative site. The State Department reports the Belgrade Islamic community continues to have problems obtaining land and government approval to open an Islamic cemetery. In addition, in response to the burning of two mosques in March, reports indicate that 12 people of the 100 plus arrested have been charged with criminal offenses, and news of convictions should be forthcoming. There is also concern about religious freedom in Kosovo, as reportedly only three individuals have been found guilty for their involvement in the March violence that resulted in the destruction or damage of 30 Serbian Orthodox Churches and monasteries. The two-year prison sentences issued were suspended, making the penalties nothing more than a slap on the wrist. In addition, recent legislative initiatives are troubling, as the latest draft of the Law on Religious Freedom and Legal Status of Religious Communities falls short of international standards. The drafting process has been closed to minority religious communities, as well. The comments of minority communities should be actively sought and fully considered during the public debate. Among its many problematic portions, the draft creates the preferential status of a Religious Community, while providing virtually no rights for the lesser Union of Natural Persons. Small or new groups are prevented from obtaining Religious Community status, as they must have 500 members and have been operating in Kosovo for at least five years, but it is unclear how that time is tolled. Only Religious Communities can publish materials, either in print or electronically, or obtain funds from voluntary contributions. The draft unduly limits speech and activities of all groups, stating they shall not “disrupt other religious communities, or citizens without religious convictions, in public manifestation of religion or other conviction.” The government may also select certain religious groups to participate in the Committee for Relations with Religious Communities, thereby giving favored faiths an inappropriate degree of oversight or veto over other religious groups. Lastly, for existing Religious Communities, the law would make rights contingent on reregistering successfully within six months of passage. There is growing concern by reports coming out of Romania regarding a new draft religion law being reviewed by a parliamentary subcommittee. Reliable sources indicate this legislation is based on the highly flawed 1999 draft, which set the numerical threshold for registration at 0.5% of Romania’s population, or over 100,000 people. If reports are true, it is deeply concerning that the parliament would resurrect this seriously problematic bill rather than starting afresh and incorporating the views of interested Romanian religious communities. The OSCE Panel of Experts would be willing to provide technical assistance if invited by the government, and such a gesture would help ensure the legislation upholds all OSCE commitments on religious freedom.

  • Democratization in Central Asia

    Mr. Speaker, as the 108th Congress comes to an end, I want to make some observations about democratization in Central Asia, an energy-rich and geo-strategically important region. All these states are ruled by secular leaders who cooperate with Washington against terrorists. There are U.S. bases in Uzbekistan and Kyrgyzstan, to help promote stabilization in Afghanistan. This collaboration benefits us, as well as Central Asian presidents, and should certainly continue. But unfortunately, these countries are some of the worst human rights violators in the OSCE space. Everywhere in the region, super-presidents dominate the political arena, with parliaments and judicial systems dependent on the executive branch. Media are under heavy government pressure; in Uzbekistan and Turkmenistan, Soviet-era censorship continues in force. Equally characteristic of Central Asian states is corruption, which has not only enriched the ruling families and the favored few at the top but has impeded the development of free media and independent courts.   True, much of this characterization could be said about all the post-Soviet states to some degree, including Russia. But it is important to point out that there is a counter, or competing tendency in the region, exemplified by Georgia’s Rose Revolution of a year ago. While Georgia has a long way to go, there is no doubt about the legitimacy or popularity of its leader, President Mikheil Saakashvili. Also the peaceful protest movement he led to overturn the results of a rigged election has emboldened opposition activists throughout the former Soviet Union to believe that society may yet be able to have a voice in who governs and how.   Central Asian leaders were quick to claim that circumstances in Georgia were so different from their own that no parallels were possible. Still, the Georgian example sent shivers down their spines. That is one reason why the elections in Central Asia that have taken place this year have been, as they were in the past, carefully controlled, with predictable outcomes.   Uzbekistan, for example, is holding parliamentary elections in December. No opposition parties have been allowed to operate in Uzbekistan since 1992-1993. Despite pressure from Washington, Tashkent refused to register opposition parties this year, leaving only five pro-government parties to participate. Moreover, Uzbek authorities have contrived to keep opposition candidates from registering in single mandate races – even though officials told the U.S. Delegation to the OSCE Human Dimension Implementation Review Meeting in Warsaw in October that opposition candidates would be able to run. The result is obvious in advance: another pro-government, pocket parliament, with no dissenting voices and no capacity to perform any oversight of the executive branch. It should be noted that there have been several outbursts of popular dissatisfaction in Uzbekistan in the last few months; President Islam Karimov’s tightly-run political system may be less stable than many suppose.   In neighboring, oil-rich Kazakhstan, opposition parties are registered and were able to compete in September’s parliamentary election. Kazakhstan had previously expressed its desire to become OSCE Chairman-in-Office in 2009, and many observers linked Kazakhstan’s chances to a good grade on the parliamentary election. But the assessment of OSCE and Council of Europe monitors – citing numerous infractions and an uneven playing field for pro-government parties and the opposition – was critical. Kazakhstan’s chances of winning the OSCE Chairmanship have clearly diminished. At the same time, President Nursultan Nazarbaev – who is under investigation for corruption by the U.S. Department of Justice – has announced his intention to run, yet again, for reelection in 2006. Some commentators speculate that he may hold snap elections next year, to keep his opposition off guard. Should he win and serve out another seven-year term, he will have been in office almost 25 years.   Obviously, Mr. Speaker, Central Asian leaders do not find the responsibilities of the presidency too burdensome: Tajikistan’s President Imomaly Rakhmonov last year orchestrated a referendum on constitutional changes that could allow him to remain in office until 2020. True, Tajikistan is the only country in Central Asia where Islamic political activism is tolerated. We await with interest the parliamentary elections, in which opposition and Islamic parties will participate, scheduled for next February.   As for Turkmenistan, one of the most repressive countries on earth, I’m pleased to note that freedom of religion advanced a bit. The government of President Saparmurat Niyazov took some steps to liberalize the process of registration for confessions – instead of 500 adult members per locality, now only five nationwide are needed to register a community. For years, only Sunni Islam and Russian Orthodoxy were legal; now Ashgabat has registered Baptists, Adventists, Hare Krishna’s, and Baha’is. Moreover, the authorities released six Jehovah’s Witnesses, although two others remain jailed along with the former grand mufti. These steps – taken under Western and especially U.S. pressure, but which we welcome nonetheless – allowed Turkmenistan to escape designation by the U.S. Government as a Country of Particular Concern this past year. However, troubling reports continue to emerge about limitations on religious freedom and harassment of registered and unregistered religious communities. We must continue to monitor the situation closely and encourage Turkmenistan to continue moving forward with reforms, as even the improved situation is far from meeting OSCE standards on religious freedom.   In all other respects, however, democratization has made no progress. Turkmenistan remains the only one-party state in the former Soviet bloc and Niyazov’s cult of personality continues unabated. Recently, he tried to discuss holding presidential elections in 2008. But in a farcical scene, the assembled officials and dignitaries refused to hear of it. They “insisted” that Niyazov remain Turkmenistan’s leader in perpetuity; he, duly humbled by their adulation, took the issue off the table.   This brings us to Kyrgyzstan, in many ways the most intriguing of the Central Asian states. Of all the region’s leaders, only President Askar Akaev, who has held office for almost 15 years, has announced his intention not to run next year for reelection – though he has phrased the pledge carefully if he changes his mind. Kyrgyzstan is also the only Central Asian country where a large-scale protest movement has ever seemed poised to force a Head of State out of office: in summer 2002, thousands of people furious about the shootings of demonstrators in a southern district blocked the country’s main road, and threatened a mass march on the capital, Bishkek. Ultimately, the movement petered out but the precedent of public activism was set.   President Akaev’s stated intention not to run again, the upcoming parliamentary (February 2005) and presidential (October 2005) elections and Kyrgyzstan’s history of protest movements make for an interesting situation. In the next few months, Akaev must make fateful decisions: the most important is whether or not to run again. If he chooses to stay in office for another term, he risks sparking demonstrations. Though Kyrgyzstan is not Georgia, something akin to a Rose Revolution should not be excluded as a possible scenario. If Akaev opts to step down, however, we should not expect that he, his family and entourage would permit free and fair elections. More likely, he will try to select a successor – as Boris Yeltsin did with Vladimir Putin in Russia – and act to ensure his victory. But that course, too, could lead to protests.   Any decision Akaev makes – with intrusive, anxious neighbors looking over his shoulder – is risky and might have resonance beyond Kyrgyzstan’s borders. For that reason, the elections in Kyrgyzstan next year are of great interest not only to the voters of that country but to capitals near and far. Mr. Speaker, I hope to be able to report to this chamber next year that democratization has made strides in Central Asia.

  • Europe's Largest Annual Human Dimension Meeting Closes With Appeal from NGOs

    By Erika Schlager CSCE Counsel on International Law From October 4-15, 2004, the participating States of the Organization for Security and Cooperation in Europe met in Warsaw, Poland, for a Human Dimension Implementation Meeting.  Each year, the OSCE convenes a forum to discuss the participating States’ compliance with the full range of their OSCE human dimension commitments agreed on the basis of consensus. The United States Delegation was headed by Larry C. Napper, former Ambassador to Kazakhstan and Latvia.  He was joined by Ambassador Stephan M. Minikes, Head of the U.S. Mission to the OSCE; Ambassador Michael G. Kozak, Acting Assistant Secretary of State for Democracy, Human Rights and Labor; Ambassador Edward O'Donnell, Department of State Special Envoy for Holocaust Issues; J. Kelly Ryan, Deputy Assistant Secretary of State for Population, Refugees and Migration; and Matthew Waxman, Deputy Assistant Secretary of Defense for Detainee Affairs.  Members of the staff of the Commission on Security and Cooperation in Europe also participated in the delegation. In the tradition of engaging accomplished individuals from the private sector with human rights expertise, the U.S. Delegation included several public members:  Gavin Helf and Catherine Fitzpatrick, both experts on the countries of the former Soviet Union; Frederick M. Lawrence, Anti-Defamation League; and Mark B. Levin, Executive Director, NCSJ: Advocates on behalf of Jews in Russia, Ukraine, the Baltic States & Eurasia. Broad Range of Issues Reviewed During the first week of the meeting, formal sessions were devoted to a review of the implementation by participating States of the full range of their human rights and fundamental freedom commitments.  During the second week, three days were devoted to topics chosen by the Chair-in-Office, in consultation with the participating States.  This year, the special topics were: the promotion of tolerance and non-discrimination (following up on extra-ordinary conferences held earlier this year on anti-Semitism and on racism, xenophobia and discrimination); freedom of assembly and association; and “complementarity and co-operation between international organizations in promoting human rights.” At the meeting’s mid-way plenary session, the United States expressed particular concern about the deteriorating situation in Turkmenistan.  In 2003, ten OSCE participating States took the unusual step of invoking the "Moscow Mechanism" for the first time in a decade.  They were prompted to do so after Turkmenistan authorities reacted to an attack on President Saparmurat Niyazov's motorcade on November 25, 2002, with a widespread human rights crackdown marked by torture, disappearances, and an escalation of Stalin-era practices.  Turkmenistan refused to cooperate with the mission established under the mechanism and, in 2004, refused to renew the accreditation of the Head of the OSCE Office in Ashgabat, Parachiva Badescu.  Although Turkmenistan again declined to send representatives to participate in the HDIM, the United States argued to the participating States that sustained OSCE engagement on these matters is necessary to counter Turkmenistan’s increasing self-isolation. "Why is it that only the United States helps democracy in Belarus?  Where is Europe?" --Human rights activist from Belarus The need to protect human rights while countering terrorism was a strong theme throughout this year’s meeting.  In addition, the deteriorating situation for human rights defenders in much of the former Soviet region, concern about the elections in Belarus and Ukraine, the failure to implement meaningful reforms in Uzbekistan, and the plight of refugees and internally displaced persons, including Roma from Kosovo, were other issues raised.  In the second week session devoted to tolerance, the United States argued that the Chair-in-Office should appoint two personal representatives to address the problems of anti-Semitism as well as racism, xenophobia, and discrimination. As at past human dimension meetings and meetings of the OSCE Permanent Council, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among other OSCE participating States. At present, the only other OSCE countries that still officially apply the death penalty are Belarus and Uzbekistan. A U.S.-based nongovernmental organization repeatedly criticized the United States for failing to provide citizens of the District of Columbia the right to voting representation in the Congress.  Belarus issued even more sweeping criticism of U.S. electoral practices. Coming just days before Belarusian elections that the OSCE Election Observation Mission subsequently concluded “fell significantly short of OSCE commitments,” the rebuke by Belarus appeared to be a cynical move to preempt or deflect criticism of its own shortcomings. The abuse of prisoners at Abu Ghraib was condemned by both governmental and non-governmental speakers.  In addition, some participants criticized the United States for the use of military commissions to try alleged terrorists and for a 2002 Department of Justice memorandum that outlined legal defenses and loopholes that might be used to evade statutory and international legal prohibition against torture. Side Events Add Substance One of the striking features of this year’s meeting was the significant increase in the quality and quantity of side events held in conjunction with the formal sessions.  Side events may be organized at the site of the meeting by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States.  They augment the implementation review by providing an opportunity to examine specific subjects or countries in greater depth.  Like the “corridor” discussions and informal meetings that are part and parcel of any OSCE meeting, side events are also a vehicle for discussing and promoting OSCE action or decisions.  In some instances, side events have presaged the deeper engagement of the OSCE participating States with a particular subject – for example, side events organized by non-governmental organizations on the problem of hate propaganda on the Internet prompted a more in-depth focus on this issue at an OSCE meeting hosted by France earlier this year.   Side events can also help fill gaps in the implementation review process. This year, in the aftermath of the Beslan tragedy, most governments were reluctant to raise the problem of human rights violations in Chechnya.  Nongovernmental groups, however, organized a side event to provide a forum to focus on these issues.  They argued that, while the problems in Chechnya may seem intractable, human rights abuses do diminish when they are raised with the Russian Government. In an effort to respond to concerns about detainee abuse, the United States organized a side event on the subject of detainee issues.  Department of Defense Deputy Assistant Secretary Matthew Waxman, head of a newly-created DOD office for detainee affairs, discussed steps taken by the United States to address the abuse of detainees at Abu Ghraib and elsewhere and to prevent such incidents from reoccurring.  The event was open to all participants in the HDIM and, following the presentation of his remarks, Waxman opened the floor for questions. Azerbaijani officials prevented one human rights defender and religious freedom activist from attending the Warsaw meeting.  On October 6, authorities at the Baku airport blocked Imam Ilgar Ibrahimoglu from boarding his Warsaw-bound flight.   Ibrahimoglu was set to attend the HDIM session on religious freedom and speak out against the forcible seizure of his congregation’s mosque earlier this year.  (Similarly, two Kazakhstani human rights activists, Amirzahan Kosanov and Ermurai Bapi, were prohibited from leaving their country last year in an apparent attempt to prevent them from participating in the HDIM.)  On a more positive note, the meeting may have contributed to a favorable decision by the Armenian Government to approve a long-standing application by Jehovah’s Witnesses to be officially registered as a religious organization.  During the meeting, the U.S. House of Representatives and the United States Senate passed the Belarus Democracy Act (on October 4 and 7 respectively). NGOs Rebut “Astana Declaration” At the closing session of the HDIM, 106 human rights advocates from 16 countries presented a declaration countering criticism by several former Soviet states of the OSCE’s human rights work.  (On July 3, 2004, nine OSCE countries – Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Russian Federation, Tajikistan, Ukraine and Uzbekistan – issued a statement criticizing the human dimension activities of the OSCE.  A subsequent document signed in Astana, Kazakhstan by eight of the above signatories claimed that there are double standards in fulfillment of OSCE commitments concerning democracy and human rights.)  An NGO spokesperson also urged the OSCE participating States to continue to focus on the issue of freedom of assembly. "The most important principle of international affairs ingrained in international legal documents--'respect for human rights is not an internal affair of a state'--must remain unshakable and must be defended." -- Statement signed by human rights advocates and presented at the closing session of the 2004 OSCE Human Dimension Implementation Meeting In a press release issued on October 14, 2004, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the NGO declaration.  “While many of the men and women who signed this document engage in human rights advocacy at considerable personal sacrifice and risk, they have clearly stated – in their words – their ‘categorical disagreement with the negative evaluation of OSCE activity.’” This year’s HDIM drew record attendance by 220 nongovernmental organizations from across the region.  This is the only multinational human rights meeting in Europe where non-governmental organization representatives and government representatives may speak with equal status. As at past meetings, the United States held extensive bilateral meetings with government representatives.  In many instances, the focus and scope of those meetings reflected the presence of experts from capital cities.  Additional meetings were held with OSCE officials and representatives of nongovernmental organizations.  In the second week of the HDIM, Human Rights Directors from the OSCE countries also held a working meeting to discuss issues of mutual concern. Looking Ahead With a view to the 2005 calendar of human dimension activities, the United States suggested that there are several subjects that deserve focused attention next year.  These include: migration and integration; protection of religious freedom in the fight against terrorism; the challenges of new election technologies, such as electronic voting; and the role of defense lawyers.  The United States also welcomed the Spanish offer to host a follow-up event on tolerance next year in Cordoba and recommended that next year’s HDIM should include another special topic day on the fight against anti-Semitism, racism, xenophobia and discrimination.  The United States proposed that at least one of the Supplementary Human Dimension Implementation Meetings next year be held outside of Vienna, in order to make the meeting more dynamic and allow participants to take part who might not normally be able to travel to Vienna.  (Since 1999, three Supplementary Human Dimension Meetings have been held each year.  Existing modalities allow for them to be convened in various locations but, so far, all have been held in Vienna.) During the closing session, the Dutch Delegation, on behalf of the 25 European Union member states and four candidate countries, noted that there had been insufficient time to address the agenda items during the first week of the HDIM and, during the second week, more time than some subjects warranted.  For example, there was insufficient time to accommodate all those who wished to take the floor during the discussion of national minorities and Roma; the session on freedom of speech and expression was held to standing-room capacity.  By contrast, the session mandated to discuss the OSCE’s “project work” closed early – as it has every year since the subject first appeared on the meeting agenda – when the speakers’ list was exhausted before the end of the allotted time.  Office for Democratic Institutions and Human Rights (ODIHR) Director Christian Strohal agreed that "we should adapt our time management." Changes might also, conceivably, be made to the process of compiling a summary of the “recommendations” made at the meeting, a process that grew out of a desire to have a more substantive record of the meeting (in addition to the little-known but publicly available Journals of the Day).  In fact, these summaries have generally turned out to be an unsatisfactory product, notwithstanding the considerable effort of those tasked with producing them.  By definition, summaries must leave a great deal out, and both governments and nongovernmental organizations have complained when their particular recommendations are among those omitted.  Moreover, the summary of recommendations is usually scrubbed of any country-specific recommendations, leaving only anodyne boilerplate language.  In its opening statement at this year’s HDIM, the Netherlands, on behalf of the European Union and four candidate countries, argued that the process of compiling ever longer recommendations had become “non-productive and counter-productive.” At this year’s meeting, the ODIHR launched a highly effective new documents distribution system.  Through a bank of computers on site, participants were able to print copies of any document submitted for circulation.  (This replaced a paper system of distributing all copies of all statements to all participants.)  Moreover, this system allowed participants to email any document, making targeted distribution much more efficient and environmentally friendly.  With the full texts of interventions and additional written material so easily available, the rationale for creating a written summary of recommendations for the benefit of those who were not able to attend the meeting is less compelling. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Briefing Surveys Human Rights of Russia's Roma Population

    By Erika Schlager CSCE Counsel on International Law On September 23, 2004, the United States Helsinki Commission held a briefing on “The Roma in Russia.”  Panelists included Dimitrina Petrova, Executive Director, European Roma Rights Center; Alexander Torokhov, Director, Roma Ural; and Leonid Raihman, a consultant for the Open Society Institute specializing in minority issues in the former Soviet Union. Elizabeth Pryor, Senior Advisor to the Helsinki Commission, moderated the briefing.  She noted the Commission’s long engagement regarding the human rights problems faced by Roma as well as the overall human rights situation in Russia.  Highlighting the need to examine the particular situation of Roma in Russia, she observed that since Roma “constitute a relatively small part of the Russian population, their plight is often overlooked.” Dr. Petrova noted that, for the 2002 Russian census, approximately 182,000 individuals identified themselves as Romani.  Unofficial estimates, however, suggest that the number of Roma in Russia is much higher; a figure often cited is 1.2 million.  She argued that the fate of Roma in Russia is emblematic of the racism, xenophobia, and discrimination faced by other ethnic minorities in Russia, particularly Jews and people from the Caucasus region. In a comprehensive statement, Dr. Petrova outlined nine key areas of concern:  historical and social discrimination against Roma; the legal and institutional context of anti-discrimination legislation; the current political and ideological climate in Russia; the abuse of Roma rights by state actors (primarily the police); the abuse of Roma rights by non-state actors; discrimination in the criminal justice system; the portrayal of Roma in the Russian media; the lack of personal documents; and access to housing and education. The main focus of Dr. Petrova’s statement concerned abuse by both state and non-state actors.  The main impetus of anti-Roma abuse in Russia is related directly to the ideological “war on drugs.”  People of Roma descent are targeted through racial profiling and various media outlets as illegal drug dealers and are subject to frequent police raids.  The “war on drugs” has also become an excuse for police brutality and racial targeting in which police plant drugs on the Roma or in their homes and then arrest them for the possession of illegal substances. Dr. Petrova ended her statement with a call for the United States Government “to play a leadership role and use its economic and political weight to help improve the position of Roma in Russia and address the human rights problems of Roma in Russia as a matter of urgency and as a primary concern in combating racial discrimination.”  She asked human rights monitoring agencies both in the United States and in Europe to prioritize Roma rights in Russia and to draw the Russian Government’s attention to Roma issues that are currently not being addressed. Dr. Torkohov, representing the Ekaterinburg-based Roma Ural, presented his organization’s efforts to monitor media coverage of Roma, examine factors contributing to lower levels of education among Roma, and assist Romani Holocaust survivors obtain compensation through existing programs. Torkohov offered a number of recommendations to improve the current situation.  With respect to education, he suggested creating preschool programs for Roma children to improve literacy, working with both children and parents to understand the value of education, and facilitating cooperation between parents and schools.  Given the pronounced bigotry against Roma that characterizes portrayals of Roma in the broadcast and print media, he also suggested training journalists to improve their professional skills. Leonid Raihman focused on ill treatment of Roma by the police, access to justice, and problems associated with the lack of personal documents, including passports.  Endemic corruption among the poorly paid and poorly trained police in Russia has fostered an environment in which Roma are the routine victims of extortion by the police.  This extortion, in turn, contributes to the economic marginalization of Roma. Raihman also described the serious and complex problem of personal documents for the Roma.  He said the absence of personal documents, as well as the rigid nature of the personal documents system in Russia, represents an aspect of the problem.  However, he felt that ethnicity was the primary reason for problems in obtaining a passport.  “Administration officials,” he stated, “especially in housing and immigration departments abuse the discretionary decision-making power accorded to them by the passport system to discriminate against Roma and members of the vulnerable groups.” Mr. Raihman urged the U.S. Government to use its power “to persuade the Russian Government to place the human rights problems which the Roma face high on their agenda.”  He stated that it is time for the Russian Government, as well as the rest of the world, to acknowledge and deal with the problems faced by the Roma in Russia. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Judy Abel contributed to this article.

  • Briefing Surveys Human Rights of Russia's Roma Population

    By Erika Schlager CSCE Counsel on International Law On September 23, 2004, the United States Helsinki Commission held a briefing on “The Roma in Russia.”  Panelists included Dimitrina Petrova, Executive Director, European Roma Rights Center; Alexander Torokhov, Director, Roma Ural; and Leonid Raihman, a consultant for the Open Society Institute specializing in minority issues in the former Soviet Union. Elizabeth Pryor, Senior Advisor to the Helsinki Commission, moderated the briefing.  She noted the Commission’s long engagement regarding the human rights problems faced by Roma as well as the overall human rights situation in Russia.  Highlighting the need to examine the particular situation of Roma in Russia, she observed that since Roma “constitute a relatively small part of the Russian population, their plight is often overlooked.” Dr. Petrova noted that, for the 2002 Russian census, approximately 182,000 individuals identified themselves as Romani.  Unofficial estimates, however, suggest that the number of Roma in Russia is much higher; a figure often cited is 1.2 million.  She argued that the fate of Roma in Russia is emblematic of the racism, xenophobia, and discrimination faced by other ethnic minorities in Russia, particularly Jews and people from the Caucasus region. In a comprehensive statement, Dr. Petrova outlined nine key areas of concern:  historical and social discrimination against Roma; the legal and institutional context of anti-discrimination legislation; the current political and ideological climate in Russia; the abuse of Roma rights by state actors (primarily the police); the abuse of Roma rights by non-state actors; discrimination in the criminal justice system; the portrayal of Roma in the Russian media; the lack of personal documents; and access to housing and education.  The main focus of Dr. Petrova’s statement concerned abuse by both state and non-state actors.  The main impetus of anti-Roma abuse in Russia is related directly to the ideological “war on drugs.”  People of Roma descent are targeted through racial profiling and various media outlets as illegal drug dealers and are subject to frequent police raids.  The “war on drugs” has also become an excuse for police brutality and racial targeting in which police plant drugs on the Roma or in their homes and then arrest them for the possession of illegal substances. Dr. Petrova ended her statement with a call for the United States Government “to play a leadership role and use its economic and political weight to help improve the position of Roma in Russia and address the human rights problems of Roma in Russia as a matter of urgency and as a primary concern in combating racial discrimination.”  She asked human rights monitoring agencies both in the United States and in Europe to prioritize Roma rights in Russia and to draw the Russian Government’s attention to Roma issues that are currently not being addressed. Dr. Torkohov, representing the Ekaterinburg-based Roma Ural, presented his organization’s efforts to monitor media coverage of Roma, examine factors contributing to lower levels of education among Roma, and assist Romani Holocaust survivors obtain compensation through existing programs. Torkohov offered a number of recommendations to improve the current situation.  With respect to education, he suggested creating preschool programs for Roma children to improve literacy, working with both children and parents to understand the value of education, and facilitating cooperation between parents and schools.  Given the pronounced bigotry against Roma that characterizes portrayals of Roma in the broadcast and print media, he also suggested training journalists to improve their professional skills. Leonid Raihman focused on ill treatment of Roma by the police, access to justice, and problems associated with the lack of personal documents, including passports.  Endemic corruption among the poorly paid and poorly trained police in Russia has fostered an environment in which Roma are the routine victims of extortion by the police.  This extortion, in turn, contributes to the economic marginalization of Roma. Raihman also described the serious and complex problem of personal documents for the Roma.  He said the absence of personal documents, as well as the rigid nature of the personal documents system in Russia, represents an aspect of the problem.  However, he felt that ethnicity was the primary reason for problems in obtaining a passport.  “Administration officials,” he stated, “especially in housing and immigration departments abuse the discretionary decision-making power accorded to them by the passport system to discriminate against Roma and members of the vulnerable groups.” Mr. Raihman urged the U.S. Government to use its power “to persuade the Russian Government to place the human rights problems which the Roma face high on their agenda.”  He stated that it is time for the Russian Government, as well as the rest of the world, to acknowledge and deal with the problems faced by the Roma in Russia.   United States Helsinki Commission Intern Judy Abel contributed to this article.

  • Azerbaijan's Presidential Elections

    On October 15, 2003, Azerbaijan held presidential elections. According to the official results, Ilham Aliev defeated seven challengers, winning over 76 percent of the vote. His closest challenger was Isa Gambar, leader of the opposition Musavat Party, with 14 percent. The OSCE observation mission announced on October 16 that the election failed to meet international standards “in several respects.” Nevertheless, ODIHR’s final report in November bluntly concluded that the election failed to meet OSCE commitments and other international standards for democratic elections. … There was widespread intimidation in the pre-election period, and unequal conditions for the candidates. … The counting and tabulation of election results were seriously flawed. … Postelection violence resulting in the widespread detentions of election officials and opposition activists further marred the election process. … ” Washington congratulated Ilham Aliev in August 2003 when he was named prime minister. State Department representatives criticized the election process but it was widely perceived in Azerbaijan that the United States had favored Aliev’s candidacy.

  • Supporting Democracy in Belarus

    Mr. President, I welcome the unanimous passage of the Belarus Democracy Act, BDA, by the United States Senate last night following similar action by the House of Representatives earlier this week. As co-chairman of the Helsinki Commission, I am particularly pleased at timely adoption of this important legislation. I thank Chairman Lugar and Senator Biden for their assistance in facilitating consideration of this bill by the full Senate.   Repression and stagnation have been the hallmarks of the regime of Aleksandr Lukashenka, the leader of Belarus who increasingly tightened the noose around those who express independent views. A series of fundamentally flawed elections have left Belarus without legitimate executive and parliamentary leadership. Against this backdrop, preparations are underway for parliamentary elections and a referendum later this month. The elections take place in an environment in which the regime has intensified its repression of the remaining independent media and vilification of the opposition and their supporters. Lukashenka is also seeking to manipulate the situation to extend his rule by eliminating constitutional term limits for president, possibly paving the way for him to become a ``president-for-life.''   As co-chairman of the Helsinki Commission, I have maintained a strong interest in Belarus and have tried to inform my Senate colleagues about the increasingly troubling developments in that strategically located country, whose 10 million people have suffered cruelty at the hands of czars, Nazis, Communists and now, Aleksandr Lukashenka. During my service on the Commission, I have met and come to know many of the courageous individuals, who often at personal risk have spoken out in support of democracy in the face of Europe's last dictatorship, including the spouses of opposition leaders and a journalist who disappeared in 1999 and 2000 because they dared speak to the truth.   Belarus, under Lukashenka, has the worst human rights record in Europe. His regime has increasingly violated basic human rights and freedoms. The goal of the Belarus Democracy Act is to help put an end to repression and human rights violations in Belarus and to promote Belarus' entry into a democratic Euro-Atlantic community of nations following years of self-imposed isolation.   The Belarus Democracy Act authorizes additional assistance for democracy-building activities such as support for NGOs, independent media, including radio broadcasting to Belarus, and international exchanges. It also encourages free and fair parliamentary elections, which have been notably absent in Belarus and which look to be highly problematic when they are held on October 17, judging by the pre-election environment and the regime's tight control over the electoral process.   The BDA includes sense of the Congress language that would prohibit U.S. Government financing, except for humanitarian reasons and U.S. executive directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance for humanitarian needs. The bill also requires a report from the President concerning the sale of delivery of weapons or weapons-related technologies from Belarus to rogue states and on the personal wealth and assets of Lukashenka.   Nearly 2 years after the introduction of the Belarus Democracy Act the situation in that country has spiraled downward. Adoption and implementation of the Belarus Democracy Act will offer hope that the current period of political, economic and social stagnation will indeed end. It shows our concrete support for the courageous individuals, non-governmental organizations, independent media and independent trade unions struggling mightily against the machine of repression. And it shows our support for the people of Belarus, who deserve a chance for a brighter future.

  • The Romani Minority in Russia

    The Helsinki Commission examined the situation of the Romani minority in Russia, with a focus on hate crimes, police abuse, and discrimination in the aftermath of the terrorist attack in Beslan, during which Russian President Vladimir Putin referred to the potential for many ethnic-confessional conflicts in the Federation. Reports by Roma of racially motivated attacks by law enforcement agents were also points of discussion. Panelists – including Dr. Dimitrina Petrova, Executive Director of the European Roma Rights Center; Alexander Torokhov, Director of Roma Ural; and Leonid Raihman, Consultant for Open Society – provided background information on Russia’s Romani minority, setting their discussion in the current context of the current political, economic and security climate in Russia.

  • Advancing U.S. Interests through the OSCE

    The OSCE has been a pioneer in defining an integrated approach to security, one in which human rights and economic well-being are as key to a nation’s stability as are traditional military forces.  It remains not only the largest trans-Atlantic organization, but the one with the broadest definition of security.  The OSCE has also created the most innovative habits of dialogue and collective action of any multilateral organization in the world.  The focus of the hearing will be how the OSCE can be used most effectively to highlight and advance the interests of the United States.  Among the subjects to be covered will be objectives for the December (2004) meeting of Foreign Ministers in Sofia; recent high-impact security initiatives; expectations for the upcoming Human Dimension Implementation Meeting in Warsaw; and refining and strengthening the OSCE.

  • OSCE Materials Relating to Torture

    Excerpts Relating to Torture or Other Forms of Cruel, Inhuman or Degrading Treatment.

  • U.S. Delegation Contributes to OSCE PA Annual Session in Edinburgh

    By Chadwick Gore CSCE Staff Advisor A 13-member bipartisan U.S. delegation participated in the Thirteenth Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, hosted by the Parliament of the United Kingdom in Edinburgh, Scotland, July 5-9.  At the closing plenary, the Assembly approved the Edinburgh Declaration. The United States delegation led by Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ), included Ranking Commissioner Rep. Benjamin L. Cardin (D-MD), Commissioners Rep. Louise McIntosh Slaughter (D-NY), Rep. Alcee L. Hastings (D-FL), Rep. Robert B. Aderholt (R-AL),  Rep. Mike McIntyre (D-NC), and Rep. Joseph R. Pitts (R-PA).   Rep. Steny H. Hoyer (D-MD), Rep. Donald M. Payne (D-NJ), Rep. James E. Clyburn (D-SC), Rep. Bennie G. Thompson (D-MS), Rep. Thomas G. Tancredo (R-CO) and Rep. Hilda L. Solis (D-CA) were also among the delegation. While in Edinburgh, the delegation participated fully in the work of the Standing Committee and opening plenary as well as in the Assembly’s three committees.  The delegation=s active participation demonstrated the continued commitment of the U.S. Congress to U.S.-European relations, mutual interests and common threats. Hastings and Cardin Elected to Assembly Leadership Posts Commissioner Hastings won handily a one-year term as OSCE PA President, prevailing over candidates from France and Finland in a first-round victory.   In addition to Mr. Hastings’ election as OSCE PA President, three of the Assembly’s nine Vice Presidents were elected: Panos Kammenos (Greece), Giovanni Kessler (Italy) and Nebahat Albayrak (Netherlands).  Commissioner Cardin was re-elected to serve as Chair of the General Committee on Economic Affairs, Science, Technology and Environment. This year’s Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States, as well as representatives from four Mediterranean Partners for Cooperation and one Partner for Cooperation.  Representatives from the Council of Europe, Inter-parliamentary Union, European Parliament, NATO Parliamentary Assembly, Assembly of the Western European Union, Council of the Interparliamentary Assembly of Member Nations of the CIS and the Nordic Council also were present.  Five countries, including Germany, Georgia, the Russian Federation, and Serbia and Montenegro, were represented at the level of Speaker of Parliament or President of the Senate. Prior to the Inaugural Plenary Session, the Standing Committee gathered to hear reports on various upcoming Assembly activities as well as reports by the Treasurer and the Secretary General. The OSCE PA Treasurer, Senator Jerry Grafstein (Canada), reported that the Assembly was operating well within its overall budget guidelines.  He also reported that KPMG, the Assembly’s external auditors, had delivered a very positive assessment of the organization’s financial management, expressing complete approval of their financial procedures as applied by the International Secretariat. Additionally, he reported that the OSCE PA’s commitment to a full year of reserves was nearing realization.  The Standing Committee unanimously approved the Treasurer’s proposed budget for fiscal year 2003/2004.  OSCE PA Secretary General R. Spencer Oliver reported on the International Secretariat’s activities. Chairman Smith addressed the Standing Committee as the Assembly’s Special Representative on Human Trafficking and reported on his efforts to promote laws and parliamentary oversight in the OSCE region aimed at combating human trafficking.  A report was heard from the election monitoring mission to Georgia. Martha Morrison, Director, Office for Inter-Parliamentary Activities for U.S. House of Representatives, reported on preparations and planning for the OSCE PA Washington Annual Session to be held July 1-5, 2005. The inaugural ceremony included welcoming addresses by The Right Honorable Peter Hain, MP, Leader of the House of Commons and Secretary of State for Wales and OSCE Chairman-in-Office, Bulgarian Foreign Minister Solomon Passy.  The President of the Assembly, Bruce George of the United Kingdom, presided.  The theme for the Edinburgh Assembly was ACo-operation and Partnership: Coping with New Security Threats.” U.S. Initiatives Members of the U.S. Delegation were active in the work of the Assembly’s three committees and were successful in securing adoption of several supplementary items and amendments.  The Edinburgh Declaration reflects considerable input based on U.S. initiatives.  Leadership from the delegation resulted in adoption of ambitious language concerning the responsibility of OSCE States to combat trafficking in human beings, to fulfill their commitments regarding the fight against racism, anti-Semitism and xenophobia, and to enhance transparency and cooperation between the OSCE and the OSCE PA. In the wake of revelations of abuse in Abu Ghraib, Chairman Smith won unanimous approval of a measure condemning governments’ use of torture and related abuses.  “The supplementary item we propose is designed to make it absolutely clear that the U.S. delegation – and this Assembly – rejects and totally condemns any and all acts of torture, abuse, cruel, inhuman or degrading treatment of prisoners,” Smith said at the meeting.  “The revelations of abuse at Abu Ghraib have shocked and dismayed the American people and people around the world,” he continued.  “The acts committed are deplorable and appalling and violate both U.S. law and international law.” Democratic Whip Rep. Hoyer, who previously served as Helsinki Commission Chairman, also spoke on behalf of the resolution, noting that the entire U.S. Congress had denounced the acts at Abu Ghraib. The measure introduced by Smith reiterates the international standard that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency may be invoked as a justification for torture.” The resolution also calls for cooperation with, and implementation of recommendations of the International Committee of the Red Cross and protection from reprisals for those who report instances of torture or abuse, and support for medical personnel and torture treatment centers in the identification, treatment, and rehabilitation of victims of torture and other forms of cruel, inhuman, or degrading treatment or punishment. Last year, Chairman Smith spearheaded passage of the Torture Victim Relief Reauthorization Act, which authorized $20 million for 2004 and $25 million for 2005 for domestic treatment centers for the victims of torture; $11 million for 2004 and $12 million for 2005 for foreign treatment centers; and $6 million for 2004 and $7 million for 2005 for the United Nations Voluntary Fund for the Victims of Torture. Work of the Committees The General Committee on Political Affairs and Security considered supplementary items on “Measures to Promote Commitments by Non-State Actors to a Total Ban on Anti-Personnel Landmines”, “ Moldova”, “Ukraine”, and “Peace in the Middle East: The Protection of the Holy Basin of Jerusalem”. The Committee re-elected Chair Göran Lennmarker (Sweden) and elected Vice-Chair Jean-Charles Gardetto (Monaco) and Rapporteur Pieter de Crem (Belgium). The General Committee on Economic Affairs, Science, Technology and Environment took up supplementary items on “Kosovo”, and “Economic Cooperation in the OSCE Mediterranean Dimension”.  The Committee re-elected Chair Benjamin Cardin (U.S.A.) and Rapporteur Leonid Ivanchenko (Russian Federation) and elected Vice-Chair Maria Santos (Portugal). The General Committee on Democracy, Human Rights and Humanitarian Questions considered supplementary items on “Combating Trafficking in Human Beings”, “Torture”, “Fulfilling OSCE Commitments Regarding the Fight Against Racism, Anti-Semitism and Xenophobia”, “A Situation of National Minorities in Latvia and Estonia”, “Belarus”, and “Serious Violation of Human Rights in Libya”.  The Committee elected Chair Claudia Nolte (Germany), Vice-Chair Cecilia Wigstrom (Sweden) and Rapporteur Anne-Marie Lizin (Belgium). Additional Initiatives As the President’s Special Representative on Human Trafficking, Chairman Smith met with interested parliamentarians and staff from seven countries to discuss legislative and other initiatives to address the problem of human trafficking in the OSCE region.  Particular areas of discussion included the involvement of peacekeepers in facilitating human trafficking and the continuing need for protection and assistance for victims in countries of destination. While in Edinburgh, members of the U.S. Delegation held bilateral talks with parliamentarians from the Republic of Ireland, The Netherlands, the Russian Federation, Belarus, Serbia and Montenegro, and Germany.  Chairman Smith was briefed by the Director of the Office of Democratic Institutions and Human Rights, Ambassador Christian Strohal, on efforts to collect data on anti-Semitic incidents in the OSCE region as follow up to the Maastricht OSCE Ministerial and the Berlin Conference on anti-Semitism.  Strohal also provided information on ODIHR planning for observation of the November U.S. elections.        Specific side meetings were held during the course of the Annual Session on relations between the OSCE and a number of Mediterranean countries with a meeting on “Promoting Cooperation with the OSCE Mediterranean Partners for Cooperation”, and presentations by Ambassador Janez Lenarcic, Chairman of the OSCE Contact Group with the Mediterranean Partners for Cooperation, and OSCE PA Treasurer Jerry Grafstein of Canada, sponsor of the supplementary item on the region. The OSCE PA Special Representative on Gender Issues, Tone Tingsgard (Sweden), hosted an informal working breakfast to discuss gender issues.  The breakfast was attended by several members of the U.S. Delegation.  The Special Representative presented her plan for future actions addressing gender issues within the OSCE PA.  Primary topics of discussion were the need for members of the Parliamentary Assembly who are interested in gender issues to engage more actively in the Assembly’s debates and to stand for election to positions within the Assembly.  The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Advancing Democracy in Albania

    Albania is expected to hold new parliamentary elections, and further reform is viewed as key to their success.  The country has faced tremendous challenges in its democratic development since emerging from harsh communist rule and self-imposed isolation in the early 1990s. Despite highly polarized politics and splits within the Socialist camp in particular, there has been renewed progress.  Albania, nevertheless, continues to face the difficult task, common to the region, of tackling organized crime and official corruption. The Albanian Government is making efforts, for example, to combat trafficking in persons, though it remains a source and a transit country for women and children who are sexually exploited or used as forced labor elsewhere in Europe.  Meanwhile, Albania has maintained strong bilateral ties with the United States and cooperated with the international response to past regional conflicts. The country is a strong supporter of the war on terrorism and works within the framework of the Adriatic Charter, a U.S. initiative that includes Macedonia and Croatia, in laying the groundwork for further European and Euro-Atlantic integration.

  • Commission Hearing Surveys Human Rights in Putin's Russia

    By John Finerty Staff Advisor The United States Helsinki Commission held a hearing on May 20, 2004 to review governance practices and human rights in the Russian Federation under President Vladimir Putin.  Witnesses focused on media independence, religious freedom, judicial procedures, xenophobia and anti-Semitism, and the war in Chechnya. Opening the hearing, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) expressed apprehension that President Putin was leading Russia in an authoritarian direction, increasingly reliant on Russia’s security apparatus and intelligence agencies to govern the country.  Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) also voiced his concerns, focusing on corruption in the Russian Government and abuses in the war in Chechnya. Deputy Assistant Secretary of State for European and Eurasian Affairs Steven Pifer stated that Russians enjoy freedom of travel and emigration, and an independent print media that engages in robust political debates; religious association and expression is generally free, and Russians have incorporated voting into their political practices. However, Pifer voiced concern with the Putin administration’s undue influence on judicial proceedings, state control or sway over the broadcast media, the pressuring of non-governmental organizations, anti-Semitism, abuses in the war in Chechnya, and the lack of a level electoral playing field for the political opposition. Ambassador Pifer cited the U.S. record of advocating democratization and human rights to the Russian leadership, while pursuing cooperation on mutual security interests such as the war on terrorism, arms control, counter-proliferation, and the resolution of regional conflicts. Gary Kasparov, former world chess champion and chairman of Committee 2008: Free Choice, presented a critical view of the Putin administration, lamenting the slide of the Russian Government into authoritarianism.  He described a variety of policies undertaken by the Putin administration that he viewed as backtracking from the democratic progress of the 1990s, including the curtailment of civil liberties and the flagrant abuse of human rights. Specifically, Kasparov described government influence over the broadcast media and manipulation of elections. The war in Chechnya had been sidelined as a topic of news discussion, he asserted, thus facilitating the concealment of wartime human rights abuses.  He also faulted the media for disregarding the ineptness of government responses to terrorist attacks. On elections, Kasparov characterized the December 2003 parliamentary polls as unfair, and predicted that President Putin would use parliamentary maneuvers to change the constitution and extend his term, perhaps indefinitely. Mr. Kasparov condemned Russian activities in the Chechen war and described how “hundreds of Chechens, if not thousands, are being interrogated, tortured and killed” by Russian soldiers. He called for the deployment of independent observers to monitor Russian behavior and promote observance of human rights.  As a final critique, Kasparov charged that Putin had stripped the judicial system of its independence and was using it to silence political opponents and critics, such as Mikhail Khordorkovsky and Igor Sutyagin. As for solutions, Kasparov highlighted his efforts to expose the corruption of the December 2003 elections through a lawsuit and public advocacy. He also urged the United States to use diplomatic means to leverage the Russian Government into democratic and civil liberties concessions. Edward Lozansky, president of Russia House and the American University in Moscow, offered a contrasting opinion, pointing to the successes of the Putin administration in taming the “oligarchs” and encouraging economic growth. He viewed state control of the broadcast media as less of a crisis, contending that free alternatives, such as print, electronic, and foreign media, provide the people with a variety of viewpoints. Ultimately, Dr. Lozansky argued, “President Putin enjoys overwhelming support of the Russian people” and that the Russian people “can freely express their opinions.” In closing, Lozansky suggested the United States should not undermine its relationship with Russia through unnecessary criticism, since bilateral cooperation between the nations remains essential in the war on terrorism, space exploration, energy, and the environment.  Engagement and dialogue, rather than condemnation, is paramount, he suggested. Reverend Igor Nikitin, president of the Association of Christian Churches in Russia, offered a mixed assessment of the status of religious liberty in Russia.  In northwest Russia and St. Petersburg particularly, religious tolerance is the norm.  In other regions, however, Protestant churches and other non-Orthodox denominations have experienced discrimination and bureaucratic malfeasance.  For instance, an unconstitutional requirement for churches to register their members – as opposed to merely the institution – is frequently enforced by local authorities, and a Moscow court has ordered the “liquidation” of the city’s community of Jehovah’s Witnesses.  Nikitin urged measures to educate Russian officials on the importance of religious freedom as a civil liberty. Nickolai Butkevich, Research and Advocacy Director of the Union of Councils for Jews in the Former Soviet Union, discussed the situation regarding xenophobia and the treatment of minorities in Russia. Mr. Butkevich noted that President Putin has made efforts at the national level to combat xenophobia, but that implementation of relevant directives is uneven at the local level. Some regions and cities have combated xenophobia and anti-Semitism, while other authorities have actively encouraged it. Mr. Butkevich described cases in Vladivostok, Voronezh, and other cities where individuals had been subject to abuse and local authorities reacted uncaringly or in collusion with perpetrators. In answer to a question posed by Chairman Smith on the disparity between the Russian Government’s public and international pronouncements that it will combat anti-Semitism and its failed implementation of such policies domestically, Butkevich blamed the disparity on a lack of prioritization by the central government.  Mr. Kasparov contended though that President Putin has done nothing to address anti-Semitism or quell xenophobia. Answering other questions on the attitudes of the United States and the West toward the Chechen situation, governmental corruption, and the judiciary, Dr. Lozansky replied that Russia is stabilizing under the pragmatic policies of President Putin and that the international community must engage the country on matters of mutual interest. The witnesses responded with divergent views as to whether Russia was moving toward autocracy.  While Kasparov made his case strongly that Russia was, Lozansky again insisted that it was not.  Mr. Butkevich suggested that Russia was “backsliding toward authoritarianism,” but that President Putin certainly retains popular support. Reverend Nikitin stressed that the next few years will determine whether Russia evolves toward civil and religious liberty or tsarist, oppressive governance reemerges. The United States Helsinki Commission, an independent agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission created in 1976, is composed of nine Senators, nine Representatives, and one official from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Colby Daughtry contributed to this article.

  • The 2003 Presidential and Parliamentary Elections in Armenia

    In February and March 2003, Armenia held its fourth presidential election since independence. According to the official results, President Robert Kocharian won re-election in two rounds, defeating challenger Stepan Demirchian 67.4 percent to 33.5 percent. OSCE observers concluded that both rounds failed to meet international standards. State media displayed egregious favoritism towards the incumbent, on whose behalf state resources were used lavishly. Ballot stuffing, especially during the second round vote count, was rampant. The most positive feature of the elections was an unprecedented, live, televised debate between Kocharian and Demirchian before the second round. Russia’s President Vladimir Putin was quick to congratulate Kocharian. Washington, however, echoed the OSCE/ODIHR view of the election. President Bush’s letter to Kocharian, sent after significant delay, did not contain the word “congratulations.”  

  • Activists Brief Commission on the War in Chechnya, Civil Society and Military Reform in Russia

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a briefing entitled “The War in Chechnya and Russian Civil Society” on June 17, 2004 with representatives of one of the largest and most active nongovernmental organizations in Russia, the Union of Committees of Soldiers’ Mothers of Russia. Valentina Melnikova, National Director of CSM, and Natalia Zhukova, Chairwoman of the Nizhny Novgorod Committee of CSM, briefed the Commission on their efforts to publicize and protest human rights abuses in the Russian military and the current state of civil society in Russia. Helsinki Commission Senior Advisor Elizabeth B. Pryor opened the briefing, noting concerns that President Vladimir Putin’s verbal attacks on human rights organizations and their funding sources – delivered on May 26 during his annual State of the Federation address – may indicate future trouble for Russian NGOs perceived as politically hostile to the Kremlin. Ms. Zhukova described the work of her committee and addressed the impact of Putin’s recent comments on the committee’s activities.  The Nizhny Novgorod Committee is one of 300 such bodies under the umbrella of CSM, comprising approximately 30 volunteer workers and handling nearly 2,000 requests for assistance from parents and soldiers annually.  “The problem is that most [people] have simply no idea of what’s going on in their military…because television is censored,” she said. According to Zhukova, the Nizhny Novgorod Committee also provides assistance to approximately 700 deserters annually, precipitated by “beatings, harsh hazing on the part of officers and other soldiers, a criminal environment in the unit, lack of medical assistance, cases of extortion of money, [and] use of soldiers for slave labor.”   In cooperation with the Foundation for Civil Liberties, CSM provides mediation services with authorities and legal assistance to the military deserters and their families. The Committee also works to ensure social protection for veterans of the Chechen wars with disabilities, lobbying and leading demonstrations in support of adequate allowances for wounded soldiers, and the families of those killed in action. Regarding the recent condemnation of Russian NGOs by top military and administration officials, Ms. Zhukova noted, “I can’t say that we experience direct persecution.… But after the onslaught announced by the Minister of Defense and after the State of the Nation address by President Putin, we believe that we have to expect financial pressure.” President Putin’s May 26 address, in which he accused some NGOs of serving “dubious group and commercial interests” rather than those of the Russian people, has been “viewed by the local authorities as an order,” according to Ms. Zhukova.  Since Putin’s speech, she noted, the local governor has revoked the Committee’s discount on their office rent, resulting in a tenfold cost increase.  Moreover, local funding has been depleted because “local businessmen have been so intimidated by the onslaught against us by the Ministry of Defense and by President Putin that we cannot expect anything from them,” she said. Neither does CSM receive substantial financing from abroad, Zhukova maintains, “We serve the interests of millions of Russian soldiers and their parents, defending them from arbitrary rule and lawlessness of the authorities.” Ms. Melnikova addressed the effects of the Putin administration on Russian civil society.  The Russian people, she asserted, have been deprived of both political opposition and independent media since Putin came to power.  She listed “the closed nature of the Chechen war, lack of information, [and] direct deceit of the population by the authorities,” as the negative effects of his administration’s actions.  As a result of Putin’s policies, she said, “The war in Chechnya has ceased to exist as far as the Russian public is concerned.”  Through media controls and a vigorous propaganda campaign, she said, the Russian Government has led the people to believe “that what’s going on in Chechnya is a counterterrorist operation, that we are fighting Arab mercenaries and Al Qaeda units.”  “In reality, the Chechen problem has nothing to do with international terrorism or Islamic fundamentalism…. There is no trace of stabilization in Chechnya, and there are no attempts by the Russian authorities to strive for a peaceful resolution of the problem,” Melnikova stated. Portraying the Russian military as a “decrepit, poorly managed, federally-corrupted structure,” she described the same grim situation as Ms. Zhukova.  In Chechnya, she charged, Russian officers force young men to become military criminals.  If they return from service alive, they are often psychologically or physically disabled, and abandoned by the government that sent them to Chechnya. In answer to a question by Commission Chairman Rep. Christopher H. Smith (R-NJ) regarding the recently enacted Russian legislation on alternative military service, Melnikova called the alternative civil service law “inadequate.” She noted that it requires that soldiers serve terms double the length of ordinary military service, perform tasks that do not serve civil society, and often work hundreds of miles away from home.  The panelists requested that Chairman Smith raise such issues as the fate of a bill regarding civilian control of the armed forces, which has been introduced in the State Duma, and the possibility for a second amnesty for military deserters when he meets with the Speaker of the State Duma at the OSCE Parliamentary Assembly Annual Session in early July. Chairman Smith indicated that U.S. officials have, in past meetings with Russian leaders, raised concerns about violent hazing of military conscripts.  In response, Melnikova provided Smith with recent copies of “The News of the Committee of the Soldiers’ Mothers,” featuring vivid photographs of soldiers that had suffered serious injuries as a result of such hazing.  “Russian officers do not treat their soldiers as human beings,” she said, “therefore, everything goes on as before.” Regarding the international community’s response to the Chechen conflict, Melnikova claimed: “There is not enough pressure exerted on Mr. Putin. … Ten years of war have infuriated both the Russian military and the Chechens to such an extent that we don’t see any possibility of peaceful resolution....  But I think Russia’s partners simply have to exert pressure on Putin to make him make at least some tentative steps toward peace, maybe offer some intermediate negotiations, maybe seek some mediation efforts on the part of governments or nongovernmental organizations.  At least something has to be done.” Ms. Melnikova further criticized “the active connivance of the leaders of Western countries, including the United States” as one of the key reasons for the continued restriction of human rights in Russia.  She voiced concern that Washington leaders now believe “that the Russian people don’t need democracy…. That the West supports the anti-democratic policies of the Russian authorities is simply absurd,” she said. She concluded by stating that the CSM “advocates and conducts a social campaign for military reform, for abolition of conscription and for the [establishment] of a professional armed force,” as well as for peace in Chechnya and the expansion of civilian control over the military.  The CSM provides direct aid to more than 50,000 soldiers and their families annually. Finally, Melnikova argued that the “legal slavery, chaos, and corruption at all levels of the Russian military compromises not only Russian civil society but also the strategic objectives of Russia’s allies, including nonproliferation of weapons of mass destruction.  Absent democracy,” she said, “there can be no safe Russia.” Asked about recent attacks on nongovernmental organizations by Putin administration officials, Melnikova mentioned that Putin’s criticisms were preceded by comments by the Minister of Defense and Deputy Minister of Justice to the effect that NGOs were pursuing subversive or illegal activities.  Although she hopes that NGOs will not be targeted by the national authorities, she said that the arrest of Mikhail Khodorkovsky has tempered her optimism. Responding to questions about funding from Russian oligarchs, Melnikova stated, “Oligarchs dread to touch us [because] there is always a chance that the authorities can charge any businessman with any crime and throw him in prison, and they know it.” The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords.  The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense, and Commerce. United States Helsinki Commission Intern Christen Broecker contributed to this article.

  • Unsolved Murder of Ukrainian Journalist Heorhiy Gongadze

    Mr. President, for nearly 4 years the case of murdered Ukrainian investigative journalist Heorhiy Gongadze has gone unsolved, despite repeated calls by the Helsinki Commission, the State Department, and the international community for a fair and impartial investigation into this case. As cochairman of the Helsinki Commission, I have met with Gongadze's widow and their young twin daughters. Besides the human tragedy of the case, the Gongadze murder is a case study of the Ukrainian authorities' utter contempt for the rule of law.   Gongadze, who was editor of the Ukrainian Internet news publication Ukrainska Pravda, which was critical of high-level corruption in Ukraine, disappeared in September 2000. His headless body was found in November of that year. That same month, audio recordings by a former member of the presidential security services surfaced that included excerpts of earlier conversations between Ukrainian President Kuchma and other senior officials discussing the desirability of Gongadze's elimination.   Earlier this week, Ukraine's Prosecutor General's office announced that Ihor Honcharov, a high-ranking police officer who claimed to have information on how Ministry of Internal Affairs officials carried out orders to abduct Gongadze, died of “spinal trauma” while in police custody last year. This came on the heels of an article in the British newspaper, The Independent, which obtained leaked confidential documents from Ukraine indicating repeated obstruction into the Gongadze case at the highest levels. Furthermore, just yesterday, Ukraine's Prosecutor General announced that investigators are questioning a suspect who has allegedly admitted to killing Gongadze.   Many close observers of the Ukrainian authorities' mishandling, obfuscation and evasiveness surrounding this case from the outset are suspicious with respect to this announcement. Just one of numerous examples of the Ukrainian authorities' obstruction of the case was the blocking of FBI experts from examining evidence gathered during the initial investigation in April 2002, after the Bureau had been invited by these authorities to advise and assist in the case and earlier had helped in identifying Gongadze's remains.   The Ukrainian parliament's committee investigating the murder has recommended criminal proceedings against President Kuchma. This committee's work has been thwarted at every turn over the course of the last several years by the top-ranking Ukrainian authorities.   A serious and credible investigation of this case is long overdue--one which brings to justice not only the perpetrators of this crime, but all those complicit in Gongadze's disappearance and murder, including President Kuchma.   Ukraine faces critically important presidential elections this October. Last month, I introduced a bipartisan resolution urging the Ukrainian Government to ensure a democratic, transparent and fair election process. Unfortunately, there have been serious problems in Ukraine's pre-election environment.   Ukraine can do much to demonstrate its commitment to democracy and the rule of law by conducting free and fair elections and fully and honestly investigating those who were behind the murder of Heorhiy Gongadze. The Ukrainian people deserve no less.  

  • Uzbekistan: Stifled Democracy, Human Rights in Decline

    The hearing will examine democratization and human rights in Uzbekistan in light of the impending decision by the Department of State whether to certify Uzbekistan to continue receiving U.S. assistance. Uzbekistan, an OSCE participating State since 1992, has been closely cooperating with the United States in the campaign against international terrorism.  There is a U.S. military base in Uzbekistan and Washington has stepped up assistance significantly since 2001.  The agreement on Strategic Partnership and Cooperation was signed by President Bush and President Karimov in March 2002. However, Uzbekistan’s human rights record has remained poor, impeding the further development of U.S.-Uzbek relations.  Late last year, the State Department decertified Uzbekistan for aid under the Cooperative Threat Reduction Program because it had not made progress toward ending police torture and other abuses.

  • The War in Chechnya and Russian Civil Society

    This briefing was held in light of recent verbal attacks by President Putin and other Russian officials on human rights organizations and their funding sources that raised concerns about the future of Russian NGOs that may be viewed by the government as politically hostile.  Regarding Moscow’s conduct of the war in Chechnya, the Commission recognized Russia’s right to defend its territorial integrity, but asserted that territorial integrity can be preserved without resorting to the brutal methods employed by some members of the Russian military and the pro-Moscow Chechnya militia. Valentina Melnikova, National Director of the Union of Committees of Soldiers’ Mothers of Russia and Natalia Zhukova, Chairperson of the Nizhny Novgorod Committee of Soldiers’ Mothers testified at this briefing. The “Committees of Soldiers’ Mothers” has become the largest NGO in Russia as an umbrella organization embracing nearly 300 groups and thousands of members. The Committees of Soldiers’ Mothers have opposed the Kremlin’s conduct of the war in Chechnya and have accused the Russian Government of consistently under-reporting the number of Russian military casualties in the conflict.

  • Russia: Are Rights in Retreat?

    The Helsinki Commission briefing occurred in conjunction with Russian President Vladimir Putin’s visit to the United States to attend the G8 Summit and focused on the status of democratic progress, human rights, civil liberties, and press freedom in Russia since the collapse of the Soviet Union. The consequences of President Putin’s ascent to power and elements of his government determined to reverse Russia’s direction and institute more authoritarian policies were among several topics that were discussed. Four prominent Russian human rights activists – including Ludmilla Alexeeva, Chairwoman of the Moscow Helsinki Group, and President, International Helsinki Commission for Human Rights; Arseni Roginsky, Chairman of the International Memorial Society; Alexei Simonov, Head of the Glasnost Defense Foundation and Mara Polyakova, Director of the Independent Council for Legal Experts – gave their assessment of the human rights situation in Russia today, including specific cases of particular interest.

  • Northern Ireland Update: Implementation of the Cory Reports

    This hearing, chaired by Rep. Chris Smith (NJ-04), was a continuation of an earlier hearing in March 2004 that focused on developing accountability and public confidence in the Police Service of Northern Ireland.  This hearing reviewed a report by former Canadian Supreme Court Justice Peter Cory concerning the question of British state collusion in six murders in the Republic of Ireland and in Ulster. Justice Cory discussed the critical links between public confidence in the rule of law, government accountability, and the prospects for a peaceful future. Geraldine Finucane, the widow of murdered human rights attorney Patrick Finucane, was also a witness at this hearing.

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