Title

Georgia in 2008: Elections or Street Politics?

Wednesday, February 06, 2008
B-318 Rayburn House Office Building
Washington, DC 20515
United States
Official Transcript: 
Members: 
Name: 
Hon. Alcee Hastings
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Ben Cardin
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Chris Smith
Title Text: 
Ranking Minority Member
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Sam Brownback
Title Text: 
Ranking Minority Member
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Lloyd Doggett
Title Text: 
Member of Congress
Body: 
United States House of Representatives
Witnesses: 
Name: 
Mr. Matthew Bryza
Title: 
Deputy Assistant Secretary of State for Europe and Eurasia
Body: 
Department of State
Statement: 
Name: 
H.E. Vasil Sikharulidze
Title: 
Ambassador of Georgia to the U.S.
Name: 
Ms. Salome Zourabichvili
Title: 
Chairwoman
Body: 
The Way of Georgia Party

This hearing, presided over by the Hon. Alcee Hastings, Chairman of the Helsinki Commission, and attended by Commissioners Cardin, Smith, and Brownback, focussed on Georgia and the recent violence within the country.

Over the last few months, Georgia has experienced considerable turmoil, with the violent confrontation between riot police and protesters in November, the imposition of a state of emergency, the resignation of President Mikheil Saakashvili and the holding of a snap presidential election in early January. Although President Saakashvili narrowly won re-election in the first-round, opposition leaders refuse to recognize the outcome and have pledged to launch another round of protests beginning on February 15 unless their extensive list of demands are met. The hearing will examine the ramifications of these developments for Georgia, the United States and NATO, which Georgia is hoping to join.

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Relevant countries: 
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  • Strong Substance, Potent Politics Mark Historic Maastricht OSCE Ministerial Council

    By Elizabeth B. Pryor, CSCE Senior Advisor The Organization for Security and Cooperation in Europe (OSCE) once again demonstrated its ability to promote candid political discussion and take prescient decisions when the Eleventh OSCE Ministerial Council met December 1-2, 2003. The meeting took place in Maastricht, the Netherlands, capping the Dutch chairmanship of the OSCE, under the leadership of Foreign Minister Jaap de Hoop Scheffer. Ministers and other senior officials from the 55 OSCE states engaged in extensive consultations and approved an impressive array of action programs and strategic initiatives. Members of the OSCE Parliamentary Assembly, including Helsinki Commissioner Rep. Alcee L. Hastings (D-FL), and representatives of OSCE partner states and other affiliated organizations joined them. Secretary of State Colin Powell led the United States delegation. The Ministerial meeting was historic, not only for the quantity and quality of the decisions it took, but because it signaled a move away from defining the organization solely on the basis of broad formalized statements. The flexibility of the organization was also on display. When one participating state threatened a veto on jointly agreed political positions, the Chairman and other members turned it into an opportunity to forcefully reiterate their determination to see conflicts resolved through the standards set in OSCE agreements. They also intensified the pressure to fulfill previously taken commitments. The result was a stronger expression of collective political will than might have been made in a compromise document. By moving beyond the predictable rhetoric of a communiqué, the OSCE underscored its own political vitality and the unique platform it offers for frank debate and creative political action. The Maastricht Ministerial took place in the wake of Georgia’s "Revolution of the Roses" and was attended by the Acting President of Georgia, Nino Burjanadze. That situation, and growing concern over disputes in the Transdniestria region of Moldova, produced frank comments from the Ministers, opening the way for real dialogue on the issues and an expression of international concern that was impossible to ignore. Secretary Powell was among those who used the unconstrained OSCE stage to address issues directly. He cautioned that no support would "be given to breakaway elements seeking to weaken Georgia’s territorial integrity" and called for international support for the new elections to be held January 4, 2004. The European Union, and Dutch OSCE Chairman echoed this, voicing their own warnings against interference in Georgia’s democratic development. The Chairman also strongly reasserted the OSCE’s role in deliberations over the political future of Transdniestria. He was joined by many of the Ministers, who took exception to Russian efforts to broker an inequitable accord outside of the internationally coordinated mediation process. While applauding some progress on arms reductions by Russia in Transdniestria, the U.S. delegation, as well as many others, spoke forthrightly of the need to fulfill all provisions of the 1999 Istanbul agreement which called for the complete withdrawal of Russian forces from Moldova. Even when given an extension to withdraw by December 31, 2003, no progress has been made. The exchange also gave Russia the opportunity to express its viewpoint: that ratification of the revised Treaty on Conventional Armed Forces in Europe (CFE) was being held up over the implementation of the Istanbul commitments and that the collapse of its diplomatic initiative in Moldova would delay any chance of reaching a settlement. The initiatives unanimously agreed by the Ministers reflect the OSCE’s dedication to strong standard setting and innovative yet practical solutions for entrenched problems. The decisions taken on security issues continue OSCE’s long tradition of crafting action-oriented agreements with low political cost and long-term stabilizing effects. The development of more secure travel documents, export controls on portable air defense systems, "best practices" for the transfer of small arms and new measures for the destruction of stockpiles of ammunition are among the most robust set of security decisions taken in recent years by any international organization. The United States welcomed these decisions and praised the OSCE’s work as an example of effective multilateralism. These concrete action programs were coupled with a comprehensive strategy for addressing the changing security environment of the 21st century. The holistic OSCE approach to stability is evident in this document, which encompasses everything from arms control to environmental concerns and fighting corruption. "The [Helsinki] Final Act tells us that lasting security requires not just respect for the sovereignty of states, but also respect for the integrity of human beings," noted Secretary Powell in Maastricht. In keeping with this integrated approach to security, the OSCE agreed to a strategic roadmap for tackling the difficult problem of trafficking in human beings. The OSCE Action Plan is the most detailed blueprint devised by any international organization; in Maastricht Ministers decided to appoint a Special Representative to ensure that its provisions are carried out. In addition, the OSCE approved a comprehensive policy for improving the situation of Roma and Sinti, the first of its kind in the region. They also strengthened their commitment to an enhanced economic and environmental work plan. In a matter of particular interest to numerous Helsinki Commissioners, the Maastricht Ministerial formally welcomed the offer by Germany to host a conference on anti-Semitism in Berlin. Belgium will host a meeting on racism, xenophobia and discrimination. In a letter to Secretary Powell in the lead up to the ministerial, Commissioners urged U.S. leadership in securing agreement on the German proposal as well as other areas of particular concern, including disturbing developments in Turkmenistan, Chechnya, Belarus and severe limitations placed on minority religious communities in some parts of the region. "The United States’ leadership is essential to secure consensus on initiatives on combating anti-Semitism and racism; human trafficking; internally displaced persons; corruption and international crime; cooperation with the ICTY; withdrawal of foreign forces from Moldova; and the Annual Security Review Conference," Commissioners wrote. Ministers also addressed the wider sharing of OSCE norms, principles and commitments with others, pledging to identify additional fields of cooperation and interaction with OSCE Mediterranean and Asian Partners for Cooperation. 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.

  • Commission Hearing Looked Ahead to Maastricht Ministerial

    By Michael Ochs CSCE Staff Advisor The United States Helsinki Commission held a hearing on September 9, 2003 reviewing United States policy toward the Organization for Security and Cooperation in Europe (OSCE). The hearing considered the many security, economic, and humanitarian challenges facing the United States, and how the 55-member nation organization can be best utilized to address these challenges. Testifying for the State Department were A. Elizabeth Jones, Assistant Secretary for European and Eurasian Affairs, and Lorne W. Craner, Assistant Secretary for Democracy, Human Rights and Labor, and Helsinki Commission Member. In his opening statement, Helsinki Commission Chairman, Rep. Christopher H. Smith (R-NJ) emphasized the important role the OSCE plays in promoting American security abroad. "The explicit and implicit connection between security and human rights, the fulcrum of the Helsinki process," he said, "has been at the center of U.S. thinking and policy since the day almost exactly two years ago when religious fanatics flew airplanes into the World Trade Center and the Pentagon." At the same time, he bemoaned the lack of democratic progress throughout much of the former USSR. Particularly in Central Asia, he said, "It becomes more and more difficult to harbor expectations that the future will be better or much different than the past or even the present." Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) expressed his appreciation to the State Department and executive branch for their willingness to work with the Commission over the years. Mr. Cardin particularly lauded the work of Ambassador Stephan M. Minikes, head of the U.S. Mission to the OSCE, whose efforts, he said, helped to form a unified agenda with Congress in the OSCE. He also expressed his appreciation to the State Department, later echoed by Chairman Smith, for arranging a visit by the Commission to Guantanamo Bay that allowed Commissioners to respond to concerns raised by the OSCE Parliamentary Assembly regarding humanitarian standards for detainees. In her remarks, Assistant Secretary Jones noted two particular OSCE successes during the past year that were the result of U.S. efforts: the Vienna Anti-Semitism Conference and the new, annual Security Review Conference. She also identified the adoption of the Anti-Trafficking Action Plan as a positive development. Secretary Jones listed several priorities for the OSCE Maastricht Ministerial, including progress on Russia's Istanbul commitments; mandating the 2004 Berlin Anti-Semitism Conference; and, addressing the pressing problems, discussed at the Security Review Conference, of travel document security and Man Portable Air Defense systems (MANPADs). Secretary Jones identified several broad areas where the OSCE particularly serves U.S. interests: human rights and democracy promotion; conflict prevention and conflict resolution; and trans-national issues, such as human trafficking, anti-Semitism, racism and xenophobia, the rights of the Roma, refugees, and internally displaced persons. The United States, she said, also hoped to enhance the OSCE's police training capabilities "not only to step up anti-crime capabilities, but to deal with the human rights concerns that are related to the way police deal with civil society." Assistant Secretary Craner began on a positive note, identifying encouraging signs throughout the region. "In a majority of the OSCE countries," he said, "we see growing and increasingly vibrant civil society groups advocating for peaceful change. The rule of law is being bolstered as countries move the administration of prisons under the auspices of the ministry of justice, and guards receive training to respect international standards." He added, however, that there are also areas of both stagnation and backsliding in the OSCE region, all the more troubling given the numerous regional successes. "It is most disheartening," he said, "for the people of those countries who see other nations which have emerged from the Soviet empire now joining NATO and the EU and enjoying the fruits of democracy. Meanwhile, some governments remain authoritarian or unwilling to move beyond the old struggles and practices." Secretary Craner noted troubling signs for democratization efforts throughout the former Soviet Union. Central Asian states, he said, had made little progress. Upcoming presidential elections in Ukraine would seriously affect U.S. attitudes toward that country's suitability for integration into Euro-Atlantic and European institutions. The Russian parliamentary elections in December are showing some troubling signs, while holding legitimate presidential elections in Chechnya would be extremely difficult, given the security situation there. He said, however, that such elections could potentially contribute to the end of that conflict. Chairman Smith noted his pleasure that the sanctions list, established by the Trafficking Victims Protection Act of 2000 which he sponsored, which groups countries into three tiers based on their action on the issue of human trafficking would be released the week of the hearing. He also welcomed the U.S. military's initiatives against trafficking in South Korea and hoped for similar progress in the Balkans. Secretary Craner agreed that countries were taking the sanctions law seriously, and both witnesses stated that the U.S. and British militaries were taking strong action on trafficking issues. Smith and Jones emphasized that the pressure was not off countries that made it out of the bottom tier. On the former Yugoslavia, Assistant Secretary Jones described gradual progress at the International Criminal Tribunal for the former Yugoslavia and improved cooperation from the government in Belgrade. "The list [of war criminals] is being reduced," she said, "but it is not done yet." Commissioner Cardin, however, noted that the patience of the international community was coming to an end. Both agreed that the political leadership in Serbia seems to want to do the right thing, but needs help from the United States to reinforce their efforts. On issues of property restitution, Secretary Jones assured the Commissioners that when she travels to pertinent countries, the issue is always on the agenda and explained that the United States has had considerable success convincing governments to take action on a bilateral basis. She also agreed with Representative Cardin that poverty and corruption make democratic development more difficult. She said that the United States would try to attack the issue through the OSCE by working hard on corruption. Commissioner Cardin brought attention to the United States' efforts in the OSCE's Parliamentary Assembly to create a mechanism extending Helsinki principles to the OSCE's Mediterranean Partners. Assistant Secretaries Jones and Craner said that the administration supported the goal but was uncertain whether the best way to accomplish it was directly through the OSCE or through a new, OSCE-like institution. Chairman Smith then focused on the importance of "naming names" in the OSCE. He said that "one of the most vital aspects of the Helsinki process was specifically naming names" and "holding people to account," but he noted a curious reluctance to do so in the last ten years. Assistant Secretary Craner stated that the United States had indeed "named names" with regard to the situation in Belarus. The United States sponsored a resolution at the UN Commission on Human Rights putting Belarus in a category with countries like Turkmenistan and North Korea. Assistant Secretary Jones admitted that it was difficult to influence President Lukashenka of Belarus but said there were still elements of civil society in Belarus, activists in the Belarusian body politic, and free media that needed outside moral support. Finally, Chairman Smith raised the issues of Chechnya and missing persons in the Balkans. Assistant Secretary Jones said that Chechnya was on the agenda for the Camp David summit between Bush and Putin in late September . She also indicated that the OSCE was negotiating with Russia to define a role for the organization in that conflict, ideally getting a mission back on the ground. On the Balkans, Secretary Craner said that the United States was actively pressing governments bilaterally and through the OSCE to account for the fate of missing persons. He also highlighted the United States' support for the International Commission for Missing Persons, which is engaged in the painstakingly slow process of DNA identification. Lastly, Secretary Jones assured the Commissioners that the United States was not merely paying lip service to the concerns of minorities in Kosovo. She said, "It is a tough issue, but it nevertheless is a critical one in our policy of standards before status." 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 Kevin Angle contributed to this article.

  • Frank Assessment Presented on State of Rights in Russia

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a staff-level briefing on November 13, 2003 with Tanya Lokshina, Executive Director of the Moscow Helsinki Group, to discuss the status of human rights and democratic development in the Russian Federation. Ms. Lokshina was accompanied by Maureen Greenwood, Advocacy Director for Europe, the Middle East and North Africa at Amnesty International USA and Dr. Sarah E. Mendelson, Senior Fellow, Russia and Eurasia Program, Center for Strategic and International Studies. Ms. Lokshina opened the meeting by noting the human rights community in Russia is greatly concerned about the arrest of former YUKOS chief executive Mikhail Khodorkovsky, reportedly Russia's richest man arrested on tax evasion and fraud charges after contributing money to political opposition parties. The case, she said, proves beyond doubt that the Russian state is out to get any independent voice. Khodorkovsky is different from other politicians, she stated. While his fortune may have had questionable origins ("fraud and tax evasion are prevalent everywhere") Khodorkovsky's current corporate policy of transparency is not useful to a corrupt government bureaucracy. He also supported opposition forces in the Duma, ranging from free-market, pro-reform parties to the Communists. "The action against Yukos sent a clear signal to other investors," Lokshina continued. "Do not be independent. Do not support transparent dealings with parties or civil society initiatives.... Now the rest of the business community is terrified to follow suit." Regarding freedom of the media, Lokshina said there is no level of media not controlled by the state. Even non-state television channels are controlled by managers who are themselves controlled by the state. There is also little independent print media in Russia. Ms. Lokshina, who had been in Grozny for the Chechen presidential elections, called the exercise a combination of comedy and tragedy. In the face of overwhelming indifference of the population and empty voting stations, the official statistics were not to be believed, she maintained. On election day, Lokshina had not seen any voters except in special places arranged for foreign journalists. She also saw precinct protocols where 100% of the eligible voters had supposedly cast 100% of their ballots in favor of incumbent President Kadyrov - a virtual impossibility, given an inevitable percentage of disqualified (i.e., defaced or incorrectly filled out) ballots. To be sure, any serious competition for Kadyrov had been eased off the ballot long before election day. Ms. Lokshina also saw the recent gubernatorial elections in St. Petersburg--with the heavy-handed use of "administrative resources" by the pro-Putin apparat playing a major role--as a harbinger of future elections throughout Russia. Parliamentary elections are scheduled to be held on December 7, with presidential elections expected in March 2004. The three experts agreed that the recent Constitutional Court decision annulling the restrictive law on election coverage of candidates and election "propaganda" was a positive, albeit tardy, step. Ms. Lokshina said one of the worst problems is the arbitrary law enforcement, and that "Everything that happens in Chechnya also happens in the rest of Russia. It is merely magnified in Chechnya." Personnel from police forces all over Russia serve time in Chechnya, and they bring back to their home towns the arbitrariness and impunity learned there. For example, the individuals who arrested Khodorkovsky stormed in wearing security service uniforms. It was later learned they were not security service employees, but ordinary police. Similarly, the recent sweep of the Open Society Institute premises in Moscow was reminiscent of security sweeps in Chechnya. Sarah Mendelson of CSIS pointed out that aside from political parties, the Federal Security Service (FSB) is the least supported institution among the populace. Ms. Lokshina stressed that Russian human rights organizations need support from the West. In many ways, it feels like Russia is going back to Soviet realities. The difference, though, is that instead of being treated like an enemy, Russia, despite abuses, is now being treated like a civilized state, which, she says, is dangerous. When President Bush calls President Putin his friend, she said, it sends a clear message that the United States supports what is happening in Russia. America used to critique what is happening in Chechnya, for example. Russia, Lokshina contends, is becoming a threat to its own citizens and the world community at large. Uncritical Western support is counter to its own interests, she remarked. Asked about reports of widespread public apathy in Russia, Dr. Mendelson said there is certainly a great deal of apathy, but there is a certain line over which the state cannot go. Ms. Lokshina added that some of the apathy has to do with lack of knowledge and heavy media control. For instance, it is frequently reported that Russians are not opposed to some level of censorship. In reality, though, this does not mean they do not want to know what is going on in Chechnya. What they want is to get rid of scams and con games ("chernukha"), i.e. "citizens would rather the government had control of the media than Boris Berezovsky." Ms. Greenwood raised the issue of the situation of the Meshketian Turks living in tenuous circumstances in southern Russia. She appreciated U.S. initiatives on the subject but urged more follow-through regarding the possibility of granting refugee status to Meskhetian Turks desirous of emigrating. Greenwood also noted that not only have Meskhetian Turks experienced discrimination and harassment in southern Russia, but NGOs working on their behalf are now under pressure from local authorities. Ms. Greenwood asked that the United States maintain the pressure to prevent Russia from forcing internally displaced persons (IDPs) back into Chechnya. She said international pressure had succeeded in stopping Russia from overtly closing the remaining camps, but there remains subtle, psychological coercion. In response to an inquiry about the state of freedom of thought within the academic community, Mendelson related several instances of FSB harassment of academics. "In Moscow," she commented, "it simply feels like there is less oxygen. You cannot breathe." Ms. Lokshina contends that the situation in the provinces is even worse. Asked about specific policy recommendations, Lokshina favored a strong statement from the United States against the anti-democratic trends and continued U.S. assistance programs for civil society and human rights in Russia. Mendelson added that the United States has made a strategic investment in Russian democracy and civil society, but this investment is under funded and it is too early to "graduate" Russia from such programs. 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 Jason Ekk contributed to this article.

  • Helsinki Commission Reviews OSCE Dutch Leadership

    By Marlene Kaufmann CSCE Counsel The United States Helsinki Commission held a hearing featuring the testimony of His Excellency Jaap de Hoop Scheffer, Foreign Minister of The Netherlands and Chairman-in-Office of the Organization for Security and Cooperation in Europe for 2003. The Foreign Minister testified on September 3, 2003 about the OSCE's efforts to promote security, stability and human rights in Europe and Eurasia. "In the last few years, we have come face to face with unprecedented challenges and threats to our security," said Minister de Hoop Scheffer. "The fight against terrorism is, and it should be, a top priority on our agenda." He noted that developing a comprehensive strategy to address new threats to security and stability will be the objective of OSCE Foreign Ministers in their upcoming meeting in Maastricht, The Netherlands, in early December. "We need to go beyond the repertoire of military action and policing as responses to security problems, and the OSCE can provide an impetus to this effort," he said. "No sustainable conflict resolution, let alone peace, can be achieved without due regard for human rights and democratization, for economic and environmental development, and without due regard for the rule of law." Other more surreptitious threats to security include organized crime, trafficking in human beings and illegal immigration, according to the Foreign Minister. Under de Hoop Scheffer's leadership, the Dutch Chairmanship has made combating human trafficking a priority and has secured the adoption of an OSCE action plan to combat trafficking in human beings to assist countries in confronting this modern day slavery whether they are countries of origin, transfer or countries of destination. The Minister explained that in support of this plan he intends to send missions of experts to assist countries in the fight against trafficking. The missions will draw on the expertise of OSCE institutions and will both monitor and take action against human trafficking. "Against this background, I feel sure that the Organization will be able to make an active, solid contribution to the fight," Mr. de Hoop Scheffer said. United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) welcomed the new OSCE effort. "I think it is a very realistic action plan . . . and it really adds to the common effort that we all need to take with regard to this modern-day slavery," said Smith, who has led the fight in Congress against human trafficking. Chairman Smith asked Minister de Hoop Scheffer to expand the anti-trafficking action plan to include the military in all OSCE countries, as well as policing and peacekeeping deployments throughout the region. Chairman Smith described his own efforts to make the U.S. military aware of this problem, including a request to the Army's Inspector General to investigate allegations of human trafficking at establishments frequented by U.S. military personnel in South Korea. An Ohio-based investigative news team revealed that women trafficked from Russia and the Philippines were being forced into prostitution in local clubs and bars surrounding U.S. bases and exposed the fact that uniformed U.S. military personnel understood the circumstances and yet did nothing to prevent or report the crime. According to Chairman Smith, the Inspector General took quick and decisive action to investigate the alleged activities and made specific recommendations to correct the matter. "The U.S. military has put more than 660 establishments, now seen for what they are, off limits to U.S. military as a direct result of this investigation," Mr. Smith said. Minister de Hoop Scheffer agreed that military and peacekeeping operations should be reviewed in strategies to combat human trafficking and said that the work being done by the U.S. military could serve as an example. The Minister also noted that NATO is undertaking a review of what its role should be in this regard. De Hoop Scheffer will take over as Secretary General of NATO in January, 2004. The Chairman-in-Office reviewed the work of the OSCE in combating anti-Semitism, racism and discrimination by highlighting the June conference held in Vienna regarding the rising tide of anti-Semitism in the OSCE region and strategies to combat it, as well as the September conference focused on efforts to combat racism, xenophobia and discrimination. Both Chairman Smith and Commission Member Rep. Alcee L. Hastings (D-FL), who participated in the June conference, urged de Hoop Scheffer to support another OSCE conference on anti-Semitism, which Germany has offered to host in Berlin in 2004. The Minister confirmed his support for such a conference saying, "having visited the Holocaust Memorial Museum this morning, having seen that, you need not have any other argument to go on fighting anti-Semitism." Commissioner Hastings queried Foreign Minister de Hoop Scheffer about his views on extending the term of the Chairman-in-Office from the current one year to two or three years, in view of the tremendous challenges facing the OSCE Chairmanship and the amount of work to be done. Mr. Hastings complimented the Minister, in particular, for the work he has done with Central Asian states. Calling his work as Chairman-in-Office "very challenging and a tremendously interesting responsibility," de Hoop Scheffer said he felt maintaining the one year term for the OSCE Chairmanship is the best way to proceed. He pointed to the work of the Troika, which is composed of the immediate past, current and upcoming Chairman-in-Office, who meet on a regular basis to discuss OSCE matters. The Minister has sought to strengthen this working group during his tenure and indicated that he felt this mechanism, along with the appointment of Special Representatives to focus on particular issues, serves to bring continuity to the leadership of the OSCE. Commissioner Hastings, who serves as a Vice President in the OSCE Parliamentary Assembly (OSCE PA) also asked the Chairman-in-Office about what can be done to strengthen the working relationship between the OSCE and the OSCE PA. Mr. Hastings voiced hope that the Parliamentary Assembly would participate fully in the Maastricht Ministerial Meeting and that the OSCE and Assembly would continue to foster a working partnership. Viewing this issue from the perspective of his sixteen years of service in the Dutch Parliament, the Chairman-in-Office said he believes that the OSCE leadership has made substantial progress in its relationship with the Parliamentary Assembly. He welcomed the opening of the Parliamentary Assembly's Liaison Office in Vienna, headed by Ambassador Andreas Nothelle, as well as the active participation of Parliamentary Assembly President Bruce George in meetings of the Troika. The Foreign Minister said that he would continue to work to improve interaction between the OSCE and the Assembly. Minister de Hoop Scheffer further highlighted the actions of the OSCE by discussing regions in which the Organization has been particularly active--including Central Asia, Belarus, Moldova, Chechnya, and Georgia. Helsinki Commission Member Rep. Joseph R. Pitts (R-PA) voiced concern about the authoritarian rule in much of Central Asia and the Caucasus and its potential to move toward a family dynasty, as seems to be happening in Azerbaijan. The Chairman-in-Office expressed his view that Central Asian governments need particular attention from the OSCE, given that social changes brought about since the end of the Cold War have begun to stall. The Minister, who recently visited the five Central Asian countries, emphasized the importance of direct involvement with participating States in order to monitor and pressure for change. "The OSCE missions are the eyes and the ears of the organization," he said. Mr. de Hoop Scheffer, who also spoke with members of nongovernmental organizations in Turkmenistan, stressed the need to maintain communications between all OSCE states, because the alternative would be to expel them. "Would that improve the fate of the people in jails in Uzbekistan or Turkmenistan?" he asked rhetorically. "I don't think so, but it's the perpetual moral dilemma we have." Mr. Pitts and Minister de Hoop Scheffer also expressed concerns about the refusal of Belarus to fully participate in OSCE meetings and negotiations. The Chairman-in-Office mentioned that of particular concern are attempts by the Government of Belarus to restrict the media's independence. He said he would follow the situation critically and would take whatever necessary action was called for. In Moldova, the OSCE plans to step up its efforts to resolve the Moldova-Transdniestria conflict. The OSCE is focusing on a political settlement and preparations for post-settlement. The two parties understand that a peacekeeping operation may be in place during the transition activities, and the OSCE is discussing the possibility. Mr. de Hoop Scheffer called for Russia to reclaim its weapons and ammunition from Moldova before the end of the year. He also urged the United States and the European Union to assist conflict resolution efforts in Moldova. The OSCE is still pushing for cooperation between Chechnya and the Russian Federation, despite difficulties in negotiations. The OSCE has developed a program aimed at benefitting the Chechen population and improving areas such as the judiciary and public order, economic and social developments, re-integration of displaced people, and media development. De Hoop Scheffer said violence and political obstacles have made negotiations in the area difficult. But he remained positive about a program to affect change. "I believe that the Russian Federation and the OSCE have a common interest in defining such a program," he said, adding the human suffering and material costs of this conflict are immense. The Maastricht Ministerial Meeting will set the agenda for the OSCE's future work and will address modern threats to security and stability, the Chairman-in-Office said. The meeting will take up human trafficking, economic and environmental issues, and review of field missions and peacekeeping. The conference will also be open to nongovernmental organizations, which de Hoop Scheffer said have been crucial to helping bring about change. The Chairman-in-Office concluded his testimony by stressing the importance of multilateral efforts and of the continued support of the United States. "That is one of the reasons why, with full candor, I have shared my impressions, convictions, and intentions for the coming period with you," he said. "In short, it takes a joint effort by the entire OSCE community to make this organization work." 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 Lauren Smith contributed to this article.

  • Further Assault Against Activists in Belarus

    By Orest Deychakiwsky CSCE Staff Advisor and Ronald McNamara CSCE Deputy Chief of Staff United States Helsinki Commission staff met with a wide variety of opposition party members, non-governmental organization representatives and independent media journalists during an October 11-15 visit to the west Belarusian city of Hrodna and the capital city, Minsk. While the repressive apparat of Belarusian strongman Alexander Lukashenka has mounted a full-fledged assault on civil society over the last few months, pro-democracy forces remain committed to the creation of an independent, sovereign and democratic Belarus. In meetings with representatives from civil society throughout the visit, discussions inevitably turned to the Belarus Democracy Act of 2003, introduced earlier this year by United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Co-Chairman Senator Ben Nighthorse Campbell (R-CO). The Belarus Democracy Act would authorize increased assistance for democracy-building activities such as support for non-governmental organizations, independent media--including radio broadcasting to Belarus, and international exchanges. In a clear effort to consolidate his firm hold on power, Lukashenka has further tightened his grip on independent elements of Belarusian society, using the full force of the state to repress dissent. This comports with his new "state ideology” which has as its aim to further his rule by eliminating any vestige of pluralism in Belarus. Non-governmental organizations have been "de-legalized," or threatened with closure, often on petty pretexts. Increasingly, spouses and relatives of activists are being used as pawns with threats of dismissal or other forms of retribution. The media are especially facing pressure, with the electronic media under the control of the authorities and the independent media increasingly subject to systematic reprisals. Dozens of independent publications have been closed or threatened with closure. State printing houses have refused to print even previously registered editions and the state's distribution system refuses to circulate independent media material. Even Russian television is getting pushed out. A proposed new media law threatens to further erode freedom of media. Independent trade unions are becoming further circumscribed. The Government of Belarus has made no substantive progress in meeting the criteria for democratization established more than three years ago by the Organization for Security and Cooperation in Europe: End repression and the climate of fear; Permit a functioning, independent media; Ensure transparency of the election process; and Strengthen the functioning of the parliament. No progress has been made to investigate the cases of four opposition figures who disappeared in 1999-2000. The four are presumed dead. Attempts by Belarusian democrats and the international community to engage in a dialogue with the powers-that-be on amending the electoral code have thus far been unsuccessful. Belarusian authorities refuse to cooperate with the OSCE, even within the framework of its limited mandate. In both Hrodna and Minsk, Commission staff met with a wide gamut of representatives from leading non-governmental organizations, independent media, national and local leaders of democratic opposition political parties, wives of the disappeared, leaders of independent trade unions, dissident members of the National Assembly, various religious leaders, and human rights and cultural organizations. On the official Belarusian side, Commission staff met with the Governor of Hrodna and officials from the Ministry of Foreign Affairs, raising a wide range of concerns with respect to Belarus' refusal to implement its OSCE commitments, including those pertaining to the deepening assault on civil society. In Hrodna, the issues surrounding Jewish cemeteries were raised with the Governor Vladimir Savchenko. On the U.S. side, staff held constructive meetings with newly installed Ambassador George Kroll, Embassy staff and officials of the United States Agency for International Development. 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.

  • Flawed Elections in the Caucasus

    Mr. Speaker, as we approach the end of session, I would like to take note as Helsinki Commission Chairman of a very disturbing trend in the Caucasus republics of Armenia, Azerbaijan and Georgia. At this very moment, thousands of Georgians are engaging in a campaign of civil disobedience in the wake of the November 2 parliamentary elections. Georgian and international monitors registered large-scale falsification and ballot stuffing, not to mention the exclusion of many thousands of eligible voters. When the Central Election Commission gave the largest tallies to President Shevardnadze's party and the nominally-opposition but Shevardnadze-allied Revival Party, opposition leaders organized large demonstrations in Tbilisi's main street. There, in the rain and cold, protesters spent days demanding the President's resignation and new elections. Their efforts, born of rage and despair, have been peaceful and the authorities have so far acted with restraint. But Georgia faces a genuine crisis, make no mistake. After ten years of growing frustration at official incompetence and corruption, the country's impoverished public has begun to resist business as usual. Eduard Shevardnadze, still lionized in the West for helping to end the Cold War as Soviet Foreign Minister, has long been deeply unpopular at home. Demands by successive U.S. administrations and international financial institutions to curb pervasive corruption have gone unheeded. And the November 2 election was a harbinger of the presidential race in 2005, when Shevardnadze will not be eligible to run. All participants and analysts agree that the outcome of this year's parliamentary contest will influence the coming succession. How the Georgian drama will play itself out is hard to predict. But it is clear that Georgia is not alone in suffering through a crisis of trust and legitimacy. On October 17, Azerbaijan held presidential elections that, according to OSCE observers, did not meet international norms. Serious clashes between opposition backers and the authorities erupted in which at least one person was killed and hundreds were injured. Law enforcement agencies arrested hundreds of opposition activists; though most have since been released, according to human rights groups, many were beaten in detention. The Azerbaijani election, moreover, marked the transfer of power from President Heydar Aliev to his son, establishing the first family dynasty in the former Soviet Union. But Ilham Aliev has begun his term under a shadow, tainted by an election seen as unfair inside and outside the country and marred by the accompanying violence. Earlier this year, Armenia held presidential elections in February and parliamentary elections in May that also fell short of OSCE standards. In February, thousands of protesters marched in the snowy streets of Yerevan; perhaps their numbers kept President Robert Kocharian from claiming a first round victory and forced him into a runoff, a first for a sitting president in the Caucasus. Between the two rounds, however, the authorities detained some 200 opposition campaign workers and supporters. On election day, they did whatever was necessary to win in a landslide. The final judgement of the OSCE election observation mission was that "the overall process failed to provide equal conditions for the candidates. Voting, counting and tabulation showed serious irregularities, including widespread ballot box stuffing." The Armenian Assembly of America on March 18 noted that "the people of Armenia deserved nothing less than the declared aim of their government for free, fair and transparent presidential elections. As reported in depth by the OSCE, this achievable standard was not met." There was some improvement in the May parliamentary contest, concluded the OSCE, especially in the campaign and media coverage. Nevertheless, the election "fell short of international standards...in a number of key respects, in particular the counting and tabulation of votes." In sum, Mr. Speaker, a discouraging and disturbing record for all three countries, marked by a consistent pattern of election rigging by entrenched elites who have learned that they can "get away with it." The international community is prepared to register disapproval, by proclaiming these elections, in diplomatic language, to be sure, short of OSCE norms. But there have never been any other consequences for subverting the democratic process. Nor have opposition parties anywhere been able to annul or change the official results of a falsified electoral process, or even compel governments to negotiate with them. Perhaps Georgia, where the state is relatively weak and discontent widespread, will prove the exception, although it is alarming that President Shevardnadze has sent his sometime rival Aslan Abashidze, who runs the region of Ajaria like a Central Asian potentate, north to gain Moscow's support. The prospect of Russia propping up a shaky, illegitimate Georgian Government should send shivers down the spine of any American. But until and unless an opposition movement registers some tangible success, the men in charge of the destinies of Armenia, Azerbaijan and Georgia have no reason to change course. What they are doing works and it benefits them, even if it harms their countries' chances of developing democracy. Even worse, there is little reason to expect changes for the better. For years, optimists maintained that however discouraging things were, time and constant pressure from Washington and the international community would bring gradual change. As we approach 2004, the 13th year of independence for the former Soviet republics, that prognosis seems increasingly Pollyannaish. The consolidation of ruling groups, determined to remain in power, in control of the state's law enforcement and judicial agencies, and disposing of significant wealth, makes gradual evolution towards a genuinely democratic mentality and practices ever less plausible. Instead, we see evolution towards what some analysts call "semi-authoritarian" states and others, with reference to the Middle East, term "liberal autocracies." Mr. Speaker, this admittedly depressing analysis leads to several worrisome conclusions. First, political opposition and publics in the Caucasus have concluded that electoral processes are hopelessly corrupted and offer no prospect of fairly competing for power or even trying to influence policymaking. Accordingly, they are increasingly inclined to mobilize against their leaders and governments. Even though victories have thus far eluded them, this turn to the "street" bespeaks a perennial politics of resentment instead of compromise and consensus-building. Second, the gulf between rulers and ruled has obvious implications for stability and democracy. Ruling elites will try to tamp down actual protest and curb society's organizing capability, infringing on their basic liberties; this, in turn, will upset the delicate balance between state and society. Change, when it comes, may be violent. Steadily losing hope, many Armenians, Azerbaijanis and Georgians will likely opt out of politics altogether. Many others will emigrate if they can. This trend has been marked for years in all three countries; Armenians often try to come to the United States; while Azerbaijanis and Georgians find it easier to move to Russia. But the departure of these highly motivated individuals and their families, who often find ways to prosper in their adopted homes, weakens their homelands. Washington has observed these tendencies with concern but little action. Democracy-building programs may help develop civil society but have little impact on leaders who pursue their own interests and are quite prepared to dismiss the State Department's criticism of yet another rigged election, even if, as happened yesterday, the Department, in unprecedentedly strong language, said the Georgian election "results do not accurately reflect the will of the Georgian people, but instead reflect massive vote fraud in Ajara and other Georgian regions." And while we are preoccupied with Iraq and the war on terrorism, Moscow has been steadily rebuilding its assets in these countries, buying up infrastructure in equity-for-debt deals and offering all possible support to those in power. Under these circumstances, Mr. Speaker, our chances of influencing political evolution in Armenia, Azerbaijan and Georgia may not be very great. But they will diminish to zero unless we recognize the problem, and soon.

  • Deplorable Human Rights Conditions Recalled at Helsinki Commission Hearing on Chechnya

    By John Finerty CSCE Staff Advisor The United States Helsinki Commission held a hearing September 16, 2003 on the current human rights situation in, and future of, Chechnya. Testifying before the Commission were Ambassador Steven Pifer, Deputy Assistant Secretary of State for European and Eurasian Affairs; Anna Politkovskaya, Moscow journalist and author; Dr. Robert Ware, Associate Professor at Southern Illinois University; and Lord Frank Judd, Member of the British House of Lords and former Co-Chairman of the Council of Europe-Duma Parliamentary Working Group on Chechnya. In his opening statement, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ), called the situation in Chechnya "the most egregious challenge to international humanitarian law in the OSCE region." "The Russian Government declares that the situation in Chechnya is normalizing, and that the 'counter-terrorism operation' is over," Smith said, " but it appears to be a tenuous claim, if that." Commission Ranking Member Rep. Benjamin L. Cardin (D-MD) noted the efforts of the U.S. Delegation to the OSCE Parliamentary Assembly to raise human rights issues in Chechnya through resolutions and bilateral meetings with Russian counterparts urging them to "take a position responsible for the human rights issues in Chechnya." In prepared remarks, Commission Co-Chairman Ben Nighthorse Campbell observed, "The picture the Kremlin does not want us to see is a wasteland dotted with mass graves, villages depopulated of men--young and old, and unspeakable crimes committed against civilians. Each side should and must be held accountable for its acts of lawlessness and brutality. Extrajudicial executions, forced disappearances, and abuse of the non-combatants by elements of the Russian military continue." Deputy Assistant Secretary Pifer reported that since his appearance before the Commission on Chechnya in May 2002, "The daily reality for the people of Chechnya has been bleak and deteriorating" and that "[t]he toll of casualties, both Chechen and Russian...continues to mount." He noted that the majority of Chechens, whether those inside Chechnya or displaced to other regions of the Russian Federation, are living in dire conditions. "Deplorable violations of human rights persist," Pifer continued, and "terrorist attacks by Chechen extremists have increased." After the 1994-96 Chechen war, according to Pifer, the resulting chaos and lack of rule of law drew international terrorists to Chechnya. Additionally, treatment by Russian security forces of the civilian population during the current war has contributed to growing extremism and further sharpened the conflict. "Moscow's black and white treatment of the conflict," he said, "makes cooperation in the war on terrorism more difficult as its conduct of counter-terrorist operations in Chechnya fuels sympathy for the extremists' cause and undermines Russia's international credibility." Pifer outlined the three pillars of U.S. policy vis-a-vis Chechnya: an end to all human rights violations; cessation of all fighting and a process that will produce a sustainable political settlement, and; continued humanitarian assistance for those affected by the conflict. In response, Chairman Smith urged the Administration to make Chechnya a leading topic at the late September Camp David meeting between Presidents Bush and Putin. Ambassador Pifer stated his expectation that "these concerns will be among the most troubling that the two leaders will find on the U.S.-Russian agenda." In a subsequent Moscow press conference, Russian President Vladimir Putin expressed considerable displeasure with Pifer's forthright remarks at the Helsinki Commission hearing. Anna Politkovskaya focused on the October 5th presidential election in Chechnya and the legitimacy of the new [March 23, 2003] constitution. The vote on the constitution, she testified, "basically gave the people of Chechnya a choice of being good 'Chechens' and therefore have the right to live, or being bad 'Chechens' and therefore opening themselves to the possibility of being exterminated." Regarding the presidential elections, Politkovskaya noted the advantages given to the Moscow-supported incumbent, Akhmed Kadyrov. He has been given the ability to "create huge armed units," she continued. "What this amounts to is...a sponsorship of an all-out Chechen against Chechen war." Dr. Robert Ware testified about the lack of acknowledgment of the Chechen invasion of Dagestan and the resulting 32,000 IDPs, and multiple human rights violations that occurred during Chechnya's de facto independence. "Russia had a moral obligation to protect its citizens in the region," Dr. Ware stressed. Ware stressed the importance of making sure that both sides of the story were taken into consideration. "There is no peace and reconciliation without truth," Ware warned. "And there is no truth when you look at only one side of the problem." Lord Judd, who quit his position as Co-Chairman of the Council of Europe-Duma Parliamentary Working Group on Chechnya over Moscow's insistence on conducting the March constitutional referendum, called the constitution issue "deeply disturbing." "There should have been debate and evaluation, pluralist and independent media, freedom of association, and freedom for political parties were needed [as well as] sufficient non-menacing security for people to feel freely able to participate," Judd continued. Commenting on the West's relationship with Russia, Lord Judd exclaimed, "In the case of the Chechen Republic, it is inexplicable folly to hold back on criticism when by their policies and methods of implementing them, the Russians are perversely recruiting for the global terrorists." 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 Jason Ekk contributed to this article.

  • Business Climate in Ukraine

    Mr. President, as Co-Chairman of the Commission on Security and Cooperation in Europe, I have closely followed developments in Ukraine including aspects of the human, security and economic dimensions. My desire is that Ukraine consolidates its independence by strengthening democratic institutions, including the judiciary, and undertaking reforms to improve the business climate essential to attracting much-needed foreign investment.   Twelve years after independence, the people of Ukraine deserve to enjoy the fruits of freedom and prosperity, but obstacles remain. Bringing Ukraine more fully into Europe is both essential to the country's long-term economic success and important for European security. Accelerating Ukraine's movement toward Europe is timely and needed. While high-ranking Ukrainian officials pay lip service to such integration, the jury is still out as to whether they are prepared to take the bold steps that will be required to advance such integration. An important barometer for the future will be the extent to which the country's moves to confront the corruption and crime that retard the process of democratization and economic liberalization and erode Ukraine's security and independence.   While those at the top say the right things, there is justified skepticism as to their sincerity. This is certainly the case concerning Ukraine's current President, Leonid Kuchma. The controversies surrounding Kuchma undercut his credibility with respect to the issue of combating corruption. Nevertheless, this should not detract from the urgency of tackling corruption in the lead up to the presidential elections to select Kuchma's successor in 2004.   Meanwhile, those serious about rooting out corruption and corrupt officials should take a hard look at the handling, or more accurately, the mishandling, of Ukrainian and foreign owned businesses. For example, United States-owned businesses have been victimized through expropriations, asset thefts, extortion and the like perpetrated or abetted by corrupt officials and courts in Ukraine. While new cases continue to occur, longstanding cases remain unresolved with investors unable to obtain the relief to which they are entitled under Ukrainian and international law.   Although the State Department has made repeated representations about these cases at senior levels of the Kuchma administration, Kyiv rebuffed repeated requests to resolve them in accordance with the law. At the same time it refuses to punish the perpetrators of the criminal acts or take corrective measures to prevent similar cases from arising.   If the victims are to ever achieve a measure of justice, it is essential that U.S. officials raise these cases at every appropriate opportunity.   In one especially egregious and illustrative case, well-connected individuals in Ukraine were able to orchestrate the seizure of all the assets of a successful pharmaceutical joint venture which was half owned by United States investors. When, 6 years after the theft the Ukrainian appeals courts finally dismissed the spurious claims to the assets on grounds that they were based entirely on forged and falsely fabricated documents, senior Ukrainian officials launched into action. Within weeks of these judicial decisions, the Ukrainian President reportedly convened a meeting of senior officials, including the cognizant senior judges and his own senior law enforcement and national security cabinet level officers, at which he made clear that he did not want the stolen assets restored to their rightful American owners.   The courts quickly complied, without explanation, and in disregard of the copious evidence before them, the judges reversed the decisions taken just two months earlier and held in favor of the claimants. Several months later longstanding criminal charges against the same individuals were dropped.   The circumstances surrounding this case and others involving United States investors are indicative of the far reaching scope of corruption and the rule of law deficit in Ukraine today. While the matter was repeatedly raised by the State Department several years ago, I am concerned that the Ukrainian side might assume that the matter is a closed case. I urge officials at the Departments of State and Commerce to disabuse Ukrainian Government officials of such an impression.   If the Kuchma administration is serious about rooting out corruption and advancing democracy and the rule of law, these cases provide a good starting point. Only time will tell if they are up to the challenge.

  • OSCE Police-Related Activities

    This briefing, which CSCE Senior Advisor Elizabeth B. Pryor moderated, specifically focused on efforts to provide national police forces in multiple southeastern European countries with adequate and proper training and resources for the purpose of combating criminal activity. The countries in question (i.e. Armenia, Azerbaijan, Bosnia, Georgia, Kyrgyzstan, and Tajikistan) have needed particularly effective and professional law enforcement agencies. Since the 1990s, the OSCE has helped to monitor and train police officers, with notable success in Kosovo, southern Serbia, and elsewhere in Southeastern Europe. At the time of the briefing, the focus had been shifted to countries in Central Asia and the Caucasus region, headed by Richard Monk, the witness in this briefing, who had been the OSCE Police Adviser since February of 2002.

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

    By H. Knox Thames CSCE Counsel The Organization for Security and Cooperation in Europe (OSCE) held an historic international conference in Vienna, Austria on June 19-20 to discuss anti-Semitism within the 55 participating States. While the OSCE states have addressed anti-Semitism in the past, the Vienna Conference represented the first OSCE event specifically devoted to anti-Semitism. Former New York City Mayor Rudolph W. Giuliani and United States Helsinki Commission Chairman Rep. Christopher H. Smith (N-04J) led the United States delegation. Commissioner Rep. Alcee L. Hastings (D-FL), who currently serves as a Vice President of the OSCE Parliamentary Assembly, was also part of the U.S. delegation. Public members of the delegation were: Rabbi Andrew Baker, American Jewish Committee; Abraham Foxman, Anti-Defamation League; Cheryl Halpern, National Republican Jewish Coalition; Malcolm Hoenlein, Conference of Presidents of Major American Jewish Organizations; Mark Levin, NCSJ; and, Daniel Mariaschin, B’nai B’rith. U.S. Ambassador to the OSCE, Stephan M. Minikes, and the U.S. Special Envoy for Holocaust Issues, Ambassador Randolph Bell, also participated. The personal representative of the Dutch OSCE Chair-in-Office, Ambassador Daan Everts, opened the meeting expressing dismay that in the year 2003 it was necessary to hold such a conference, but "we would be amiss not to recognize that indeed the necessity still exists." Bulgarian Foreign Minister Solomon Passy declared "anti-Semitism is not a part of [Europe’s] future. This is why this Conference is so important, and I believe it will have a strong follow-up." Former Polish Foreign Minister Wladyslaw Bartoszewski, a Holocaust survivor, cited free societies as an essential element in combating anti-Semitism. The European Union statement, given by Greece, noted that anti-Semitism and racism are "interrelated phenomena," but also stated "anti-Semitism is a painful part of our history and for that requires certain specific approaches." Mayor Giuliani began his remarks to the opening plenary with a letter from President Bush to conference participants. Citing his visit to the Nazi death camp at Auschwitz, the President recalled the "inhumanity and brutality that befell Europe only six decades ago" and stressed that "every nation has a responsibility to confront and denounce anti-Semitism and the violence it causes. Governments have an obligation to ensure that anti-Semitism is excluded from school textbooks, official statements, official television programming, and official publications." Many OSCE participating States assembled special delegations for the conference. The German delegation included Gert Weisskirchen, member of the German parliament and a Vice President of the OSCE Parliamentary Assembly, and Claudia Roth, Federal Government Commissioner for Human Rights, Policy and Humanitarian Aid. The Germans called for energetic actions by all the participating States to deal with anti-Semitism and stressed the need for appropriate laws, vigorous law enforcement and enhanced educational efforts to promote tolerance. Mr. Weisskirchen stressed that anti-Semitism was a very special form of bigotry that had haunted European history for generations and therefore demanded specific responses. In this spirit, Germany offered to host a follow-up OSCE conference in June 2004 focusing exclusively on combating anti-Semitism that would assess the progress of initiatives emerging from the Vienna Conference. The French delegation was led by Michel Voisin of the National Assembly, and included the President of the Consistoire Central Israelite de France, Jean Kahn, and representatives from the Ministry of Justice and the Office of Youth Affairs, National Education and Research. The French acknowledged with great regret the marked increase in anti-Semitic incidents that have occurred in France during the past two years. In response, France had passed new laws substantially increasing penalties for violent "hate crimes," stepped up law enforcement and was in the process of revising school curricula. The work of the conference was organized under several focused sessions: "Legislative, Institutional Mechanisms and Governmental Action, including Law Enforcement"; "Role of Governments in Civil Society in Promoting Tolerance"; "Education"; and, "Information and Awareness-Raising: the Role of the Media in Conveying and Countering Prejudice." Mayor Giuliani noted the fact that the conference was being held in the same building where Hitler announced the annexation of Austria in 1938. "It’s hard to believe that we’re discussing this topic so many years later and after so many lessons of history have not been learned; and I am very hopeful that rather than just discussing anti-Semitism, we are actually going to do something about it, and take action." Giuliani, drawing on his law enforcement background and municipal leadership, enumerated eight steps to fight anti-Semitism: 1) compile hate crime statistics in a uniform fashion; 2) encourage all participating States to pass hate crime legislation; 3) establish regular meetings to analyze the data and an annual meeting to examine the implementation of measures to combat anti-Semitism; 4) set up educational programs in all the participating States about anti-Semitism; 5) discipline political debate so that disagreements over Israel and Palestine do not slip into a demonizing attack on the Jewish people; 6) refute hate-filled lies at an early stage; 7) remember the Holocaust accurately and resist any revisionist attempt to downplay its significance; and 8) set up groups to respond to anti-Semitic acts that include members of Islamic communities and other communities. Commissioner Hastings identified a "three-fold role" governments can play in "combating anti-Semitic bigotry, as well as in nurturing tolerance." First, elected leaders must "forthrightly denounce acts of anti-Semitism, so as to avoid the perception of silent support." He identified law enforcement as the second crucial factor in fighting intolerance. Finally, Hastings noted that while "public denunciations and spirited law enforcement" are essential components to any strategy to combat anti-Semitism, they "must work in tandem with education." He concluded, "if we are to see the growth of tolerance in our societies, all governments should promote the creation of educational efforts to counter anti-Semitic stereotypes and attitudes among younger people and to increase Holocaust awareness programs." Commission Chairman Christopher H. Smith, who served as Vice Chair of the U.S. delegation to the Vienna Conference, highlighted how a "comprehensive statistical database for tracking and comparing the frequency of incidents in the OSCE region does not exist, [and] the fragmentary information we do have is indicative of the serious challenge we have." In addition to denouncing anti-Semitic acts, "we must educate a new generation about the perils of anti-Semitism and racism so that the terrible experiences of the 20th century are not repeated," said Smith. "This is clearly a major task that requires a substantial and sustained commitment. The resources of institutions with special expertise such as the U.S. Holocaust Memorial Museum must be fully utilized." In his closing statement Giuliani stressed that anti-Semitism "has its own history, it has a pernicious and distinct history from many prejudicial forms of bias that we deal with, and therefore singular focus on that problem and reversing it can be a way in which both Europe and America can really enter the modern world." He enthusiastically welcomed the offer by the German delegation to hold a follow-up conference on anti-Semitism, in Berlin in June 2004. Upon their return to Washington, Giuliani and Smith briefed Secretary Powell on the efforts of the U.S. delegation in Vienna and the importance of building upon the work of the Conference at the parliamentary and governmental levels. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Combating Torture and Assisting Victims of Torture

    Mr. President, I rise to address the barbaric practices that constitute torture as we mark the United Nations Day in Support of the Victims of Torture. Astonishingly, an estimated 500,000 victims of torture live in the United States today, including many in my home State of Colorado. The United States has provided vital leadership in the campaign to prevent torture around the world. The United States must not equivocate on this most basic of human rights. While the United States has consistently spoken out forcefully against the use of torture around the world, serious questions have been raised suggesting U.S. complicity in torture as part of the war against terrorism. This prompted me to join other members of the Helsinki Commission in writing to the White House recently urging an investigation of "serious allegations that the United States is using torture, both directly and indirectly, during interrogations of those suspected of terrorism." Against this backdrop, I urge the administration to issue a forthright statement on torture. In his State of the Union Address, President Bush described the horrific forms of torture employed by the Hussein regime and concluded, "If this is not evil, then evil has no meaning." Even as experts document the scope of torture in Iraq, there must be no doubt concerning U.S. policy and practice. As Cochairman of the Helsinki Commission, I am particularly concerned that torture remains a tolerated if not promoted practice by come countries, even within the membership of the 55-nation Organization for Security and Cooperation in Europe, OSCE. In some places, like Uzbekistan, members of the political opposition or religious minorities are especially likely to be the victims of torture. Tragically, two more people there have joined the long list of those who have died in custody amid credible allegations of abuse and torture, just weeks after the European Bank for Reconstruction and Development hosted a prestigious meeting in Tashkent, and days after the Secretary of State determined Uzbekistan is eligible for continued U.S. assistance. Moreover, the shortsighted practice of making martyrs out of Islamic extremists may have exactly the opposite effect the government claims to be seeking in its efforts to combat terrorism. In Georgia, torture and abuse comes hand in hand with police corruption. In the most recent State Department Country Report on human rights in Georgia, the Department stated: "[s]ecurity forces continued to torture, beat, and otherwise abuse detainees.... NGOs also blamed several deaths in custody on physical abuse, torture, or inhumane and life-threatening prison conditions." Even President Shevardnadze has, in the past, acknowledged the prevalence of abuse against detainees and prisoners. I welcome a new initiative of the OSCE Mission in Georgia to combat torture, but I would also note that antitorture initiatives have come and gone in Georgia with little to show for it. Without real political will, I am afraid this latest initiative may end up like the others. In Turkey--a country which has been given particular attention by the Helsinki Commission--even the doctors who treat the victims of torture have become targets themselves. Their offices have been raided, records seized, and even some doctors have been arrested and tortured. Moreover, the patients of these doctors, all of whom have already suffered at the hands of the authorities, have often been rearrested, retortured and recharged based on their testimonies given to the medical authorities. As a result of these practices, Turkey has been repeatedly sanctioned by the European Court of Human Rights. The Turkish nongovernmental organization, the Human Rights Foundation, appears to be making some headway in defending these doctors. Last year, Turkey's Grand National Assembly has passed significant legislation with severe penalties for those convicted of torture. A major effort still needs to be made to conform the application of the law in the regional courts of Turkey with the intent of the parliamentarians. The Helsinki Commission will continue to monitor developments in Turkey and the implementation of this law. In the 1999 OSCE Istanbul Charter, the participating States committed themselves to "eradicating torture and cruel, inhumane or degrading treatment or punishment throughout the OSCE area. To this end, we will promote legislation to provide procedural and substantive safeguards and remedies to combat these practices. We will assist victims and cooperate with relevant international organizations and nongovernmental organizations, as appropriate." Clearly a strategy to confront and combat torture must emphasize prevention of torture, prosecution of those who commit torture, and assistance for the victims of torture. As we mark the United Nations Day in Support of the Victims of Torture, I note the good work being done by the Rocky Mountain Survivors Center, located in Denver. The center is part of a nationwide network committed to assisting the victims of torture living in the United States.

  • Internally Displaced Persons In The Caucasus Region And Southeastern Anatolia

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

  • The Troubled Media Environment in Ukraine

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

  • President Shevardnadze’s Statement Welcomed, but Action also Needed

    Today I want to acknowledge and welcome the March 14th statement of the President of Georgia, Eduard Shevardnadze, pledging his commitment to religious freedom for all Georgians and promising the punishment of individuals complicit in mob attacks on religious minorities. (I am submitting the statement for the RECORD below.) President Shevardnadze made this pledge during an ecumenical service in Tbilisi’s Evangelist-Baptist Cathedral Church, attended by leaders of the Georgian Orthodox, Armenian Apostolic, Roman Catholic, Lutheran and Baptist churches and many individuals from the diplomatic community. The U.S. Ambassador to Georgia, Richard Miles, also attended and addressed the gathering. Reportedly, so many people came that hundreds had to listen via loudspeakers in the churchyard.   The service was initially planned for late January, but defrocked priest Basil Mkalavishvili and his crowd of thugs assaulted worshipers and clergy an hour before it was scheduled to begin -- as they have been doing with impunity since 1999. Individuals were beaten as they tried to leave, with rocks and stones being reportedly thrown. While President Shevardnadze quickly condemned that attack, ordering the Interior Minister, the Prosecutor General, State Chancellery Head, and the Security Council Secretary to investigate and punish the perpetrators, no arrests or prosecutions followed.   Despite Georgia’s appalling record on religious tolerance for the last few years, I hope President Shevardnadze’s speech at the Baptist church signals a new determination to arrest and aggressively prosecute the mob leaders and their henchmen. He promised that “as the President of Georgia and a believer, I shall not restrict myself only to a mere expression of resentment. I do promise that the President and the Authorities of Georgia will do their utmost to grant every person freedom of expression of faith.” Driving home the point further, Mr. Shevardnadze declared, “the state will exert its pressure on whoever comes in defiance of this principle. You may stand assured that the aggressors will be brought to justice.”   As Co-Chairman of the U.S. Helsinki Commission, over the past three years I have watched with increasing alarm the escalation of mob violence. On September 24th I chaired a Commission hearing focused on this disturbing pattern. The Jehovah’s Witnesses have borne the brunt of attacks, along with Baptists, Pentecostals, Adventists and Catholics. Most disheartening has been the government's indifference; victims throughout the country have filed approximately 800 criminal complaints, without one criminal conviction.   Despite a series of statements by President Shevardnadze, Georgia's Minister of Interior and Prosecutor General appear unwilling to effectively enforce the rule of law, refusing to arrest mob leaders like Mkalavishvili and Paata Bluashvili and not attempting serious prosecutions. For example, the trial of Mkalavishvili has dragged on for more than a year, without a single piece of evidence considered yet. I would hope the provision of adequate and visible security, which took months to organize, will continue and that the prosecutor will begin his case shortly. Also, the inauguration of trial proceedings against Bluashvili in Rustavi is positive; I trust the delays and shenanigans seen in Mkalavishvili’s trial will not be repeated there. I also urge the Government of Georgia to arrest and detain Mkalavishvili, Bluashvili and other indicted persons who continue to perpetrate violent criminal acts against religious minorities.   Undoubtedly, President Shevardnadze’s presence at the March 14th service and his statement illustrate his personal commitment to religious tolerance and basic law and order. Yet, while I appreciate his gesture, it is time for real action. If the attacks are allowed to continue, it will only become more difficult to rein in this mob violence. If presidential orders are repeatedly ignored, it will only further weaken the government’s ability to enforce the rule of law. And, of course, we must not forget the plight of minority religious communities that continue to live in a state of siege, without any real protection from their government. Ironically, it appears that minorities’ religious communities are freer to profess and practice their faith in regions of Georgia not under the control of President Shevardnadze’s government.   In closing, I urge President Shevardnadze to fulfill his most recent commitment to punish the aggressors, thereby restoring Georgia’s international reputation and upholding its international commitments as a participating State in the Organization for Security and Cooperation in Europe. I and other Members of Congress are acutely interested in seeing whether the Government of Georgia will actually arrest the perpetrators of violence and vigorously prosecute them.   Speech of the President of Georgia, Eduard Shevardnadze, at the Evangelist-Baptist Cathedral Church   “Representatives of all Religions and Nations have to Raise Prayers for Peace Together” Tbilisi, Georgia March 14, 2003   My dear friends, Christians, Dear Ambassadors!   I am here to give utterance to my contentment and admiration, which derives from seeing you, all Christians, or, to be more precise, representatives of all Christian folds, assembled here, under the same roof of this temple, in the capital of Georgia famed as the Virgin’s lot.   I am happy to be a witness to this occurrence. I am happy because you are together, because we are together. But all of us have our own faith.   I am an Orthodox believer, but we are all Christians. It is what we should always bear in mind and keep intact this wholeness and unity.   Georgia is one of those countries on the planet whose roots go back the farthest in history. Tolerance has become particularly entrenched in its history and nature since the days we embraced Christianity.   Christ granted that we be together. And more than this: Georgia is a multinational country, where Muslims and followers of other confessions have dwelt along with Christians in the course of centuries.   We live presently in a world of stark contradictions. It remains anybody’s guess when a bomb may blast. You probably understand what I mean. Therefore, we should pray for peace, and these prayers should be raised by all of us: Christians, Muslims, representatives of every religion, confession and nation.   But prayers alone will not keep us together. We have also to struggle, in order that, through our benevolence, faith, love and respect to one another, we may put up resistance to the eradicating processes of which I already made a mention.   As was customary with my great ancestors, I go to an Orthodox church. But nor do I keep distance from synagogues, mosques or churches of different Christian confessions.   I feel respect for all who have confident belief in kindness and its victory.   I am happy to see, along with Georgian citizens, the attendance of the distinguished ambassadors and diplomats accredited in Georgia, who have come this evening to share our happiness.   I cannot but express a deep sense of regret, even resentment at the gross infringement of our unity, mutual respect and freedom of faith by some of the aggressors.   As the President of Georgia and a believer, I shall not restrict myself only to a mere expression of resentment. I do promise that the President and the Authorities of Georgia will do their utmost to grant every person freedom of expression of faith.   The state will exert its pressure on whoever comes in defiance of this principle. You may stand assured that the aggressors will be brought to justice.   I would like to greet you once more and wish you happiness and advancement of goals. So as with Georgia, a multinational country of various religious confessions, my wishes are for joy, happiness and prosperity.

  • The Referendum in Chechnya

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

  • Disturbing Developments in the Republic of Georgia

    Mr. President, as cochairman of the Commission on Security and Cooperation in Europe, I am concerned by a myriad of problems that plague the nation of Georgia a decade after restoration of its independence and nearly eleven years after it joined the Organization for Security and Cooperation in Europe, OSCE. Among these pressing concerns that I would like to bring to the attention of my colleagues is the ongoing violence against non-Orthodox religious groups, as well as allegations of torture perpetrated by Georgian security officials.   Concerning religious freedom, the situation in Georgia is one of the worst in the entire 55-nation region constituting the OSCE. Georgia is the only OSCE country where mobs are allowed to attack, violently and repeatedly, minority religious groups with complete impunity. Most recently, on January 24th, worshipers and clergy were assaulted and beaten in a mob attack on the Central Baptist Church in Tbilisi, where an ecumenical service was to have taken place. While police did eventually intervene, no arrests were made, and the planned ecumenical service between Baptists, Armenian Apostolic Church, Catholics and Lutherans was canceled. While I am pleased President Shevardnadze did issue a decree calling for a full investigation, to date no action by police or the Prosecutor General has taken place.   During the past three years of escalating mob violence, the Jehovah's Witnesses have experienced the majority of attacks, along with Baptists, Pentecostals, and Catholics. Sadly, victims from throughout the country have filed approximately 800 criminal complaints, and not one of these has resulted in a criminal conviction. The mob attacks are usually led by either Vasili Mkalavishvili, a defrocked Georgian Orthodox priest, or Paata Bluashvili, the leader of the Orthodox ``Jvari'' Union. Often the police and media are tipped off in advance of an attack--probably so that the media can arrive early and the police can show up late. The brazen leaders of these attacks have even given television interviews while mob brutality continues in the background.   In response to this ongoing campaign of violence against members of minority faiths, the leadership of the Helsinki Commission and other members of the Senate and House have been in correspondence with President Shevardnadze on numerous occasions. Congressional dismay over this ongoing issue was also reflected in language included in the omnibus appropriations bill underscoring concern over the Georgian Government's apparent resistance to prosecuting and jailing the perpetrators of these mob attacks. Despite assurances, Georgian officials have neither quelled this violence nor taken effective measures against the perpetrators of these assaults. Ironically, it appears that minority religious communities may be freer in parts of Georgia outside of Tbilisi's control than those under the central authorities.   The conference report language should send a strong message to President Shevardnadze and other Georgian leaders. They must understand the Congress's deep and abiding interest in this matter and our desire to see those responsible for the violence put in jail.   I also must express my concern regarding the widespread, indeed routine, use of torture in the Republic of Georgia. While law enforcement remains virtually nonexistent when it comes to protecting religious minorities from violent attacks, the use of torture by police remains a commonplace tool for extracting confessions and obtaining convictions in other areas. A government commission has also acknowledged that the scale of corruption in law enforcement has seriously eroded public confidence in Georgia's system of justice and the rule of law.   At one point, a few years ago, there appeared to be real political will to address this problem. Sadly, increased protections for detainees, adopted to facilitate Georgia's accession to the Council of Europe, were quickly reversed by the parliament once Georgia's admission was complete. Moreover, I am particularly concerned by remarks made by Minister of Interior Koba Narchemashvili in November. In a move calculated to look tough on crime following a notorious murder, he called for seizing control of pre-trial detention facilities from the authority of the Ministry of Justice. This would move Georgia in exactly the wrong direction. Reform must continue on two levels; continuing to move Georgia's legal standards into compliance with international norms, and improving actual implementation by law enforcement officers.   I want to see a prosperous, democratic, and independent Georgia, but these facts are deeply disturbing and disappointing. The Government of Georgia's failure to effectively address these concerns through decisive action will only further erode confidence here in Washington as well as with the people of Georgia.

  • Hearing Surveys Human Rights in Republic of Georgia

    By H. Knox Thames CSCE Counsel The Helsinki Commission held a hearing September 24, 2002 on developments in the Republic of Georgia, with particular focus on the recent violent attacks against selected minority religious communities, as well as the threat of Russian aggression against that Caucasus nation. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing that examined Georgia’s prospects for democratization, its security situation, and how Washington can best promote the complementary goals of advancing democracy, human rights and economic liberty while leading the battle against international terrorism. The hearing opened with a gripping video documenting mob violence against Jehovah’s Witnesses and the failure of Georgian police to quell such attacks. Georgia, which became an OSCE participating State in 1992, was seemingly headed toward domestic stability and democratic governance in the mid-1990s, but recent trends have been disappointing. The official results of elections have not inspired confidence, undermining the public’s faith in democracy and the right of the people to choose their government. While civil society has grown substantially, independent media and non-governmental organizations remain at risk. The savage attack on the human rights organization, Liberty Institute, like the campaign of violence against Jehovah’s Witnesses and other minority faiths, as well as efforts to silence Rustavi-2 Television, testify to the lingering influence of forces bent on preventing Georgia from consolidating democracy, human rights and the rule of law. Meanwhile, Georgia has been under intensifying pressure from Russia, with Moscow accusing Georgia of failing to cooperate in the war on terrorism. Russian planes have invaded Georgian airspace and bombed the territory, killing Georgian citizens. Russian officials increasingly threaten to launch unilateral military actions within Georgia against Chechen rebels. Russian President Vladimir Putin recently asked the United Nations to support his country’s threats to launch military strikes inside Georgia. Moscow’s threats place at risk Georgia’s sovereignty and stability, moving Washington to consider how best to help Georgia defend itself and maintain control of its territory, while moving decisively against criminal elements and terrorists. This is a very complicated situation because much of the assistance from the United States is contingent upon Georgia’s compliance to stop religious violence within its borders. Co-Chairman Smith opened the hearing by acknowledging Georgia’s progress since the last hearing in 1995, but was quick to point out salient shortcomings. Mr. Smith voiced several concerns pertaining to Georgia’s internal problems. Special attention was paid to the inaction of the Georgian Government in regard to the mob attacks on minority faiths. “I am especially concerned and appalled by the ongoing religious violence in Georgia. Since 1999, there has been a campaign of assaults against members of minority faiths – especially Jehovah’s Witnesses – which Georgian authorities has tolerated,” Smith commented, “there can be no excuse for state toleration of such barbarity. It must end, and it must end now.” Not only was Mr. Smith concerned about the violence, but he also was concerned with the future of Georgia - U.S. relations because of the “rampant corruption,” unsatisfactory rate of democratization, and lack of compliance with OSCE standards. Mr. B. Lynn Pascoe, Deputy Assistant Secretary for European and Eurasian Affairs, voiced concern about the violence in the Pankisi Gorge and the Russian pressure on Georgia to eradicate the Chechen terrorist threat. Turning to trends in the areas of democracy and human rights, Pascoe noted, “We have stressed to President Shevardnadze and his government again and again that poor records on human rights and freedom of religion not only undermine Georgia's efforts at economic and democratic reform, but will also negatively affect our assistance if such problems are not addressed.” He further explained efforts in the Georgia Train and Equip Program (GTEP) to help Georgia in the war on terrorism, but suggested that U.S. assistance would diminish if Georgia does not act on the concerns voiced in the hearing. Georgian Ambassador Levan Mikeladze expressed his remorse for the mob attacks. He reassured the Commission that Georgia fully recognizes the problems in religious persecution and legal and practical actions are being taken to ensure there will be no more violent attacks: “We are hopeful that after all these assignments are executed, we will be in a position to say religion-based intolerance in Georgia has no future and manifestations of religiously motivated violence no longer occur.” Georgia’s security was a pressing issue for Ambassador Mikeladze given intrusions and aggression by the Russian Federation. He encouraged the United States to continue the GTEP and continue the strong rapport between the two nations. Co-Chairman Smith and Commissioner Joseph R. Pitts (R-PA) were not satisfied with Ambassador Mikeladze’s explanation and expressed concern regarding the lack of action on the part of the Georgian Government to bring the perpetrators of attacks against minority faiths to justice. Smith issued a strong call to action, explaining the injurious nature to Georgia-U.S. relations of Georgia’s failure to actively stop the mob attacks. Bishop Malkhaz Songulashvili of the Baptist Union of Georgia set forth a long list of why and how such violence and hatred could be permitted in a democratic state. In attempting to give an explanation as to why such events have occurred in Georgia, the Bishop observed, “We gained independence but we still have not reached freedom. Old values have gone. New values have not come yet.” Songulashvili remarked, “It is not an absence of religious legislation which causes religious violence and persecution but rather absence of culture, justice and general law.” Despite all the grievances noted, Bishop Songulasvili remained hopeful that there would be progress. He offered four “targets” as a solution for the current religious violence: “Family, Mass Media, School and Teaching Institutions, and Religious Congregations.” He concluded, “Our optimism for the better future should not be overshadowed by the turmoil of the present time.” Mr. Gennadi Gudadze, a Jehovah’s Witness from Tbilisi, testified to the brutality experienced by the Jehovah’s Witnesses in Georgia, including himself. He noted that “since then [October 1999], there have been 133 separate incidents involving either mob attacks, individual attacks or destruction of property.” Gudadze also pointed out that minimal action has been taken by the authorities against the criminals. He called for a three-pronged solution: apply the law, arrest the perpetrators, and remove the corrupt officials. Dr. Gia Nodia, Director of the Institute for Peace, Development, and Democracy, discussed the interrelationship between security on human rights. Dr. Nodia was very concerned with the possibility that the religious violence might evolve into political violence, hence impinging on the democratic process, causing much more turmoil within Georgia. Professor Stephen Jones of Mount Holyoke College gave a dismal summary of the current state of affairs in Georgia. He asserted that the government is failing its citizens and its current stability is based on the “thinnest of ice.” Professor Jones highlighted three main reasons for these failures: lack of economic security in Georgia; lack of proper institutions to carry out governmental and economic functions (i.e. Georgia’s current economy has shrunk 67% and industry is working at 20% of its capacity. Between 1997-2000, expenditure on defense decreased from $51.9 million to $13.6 million, education from $35.6 to $13.9 million, agriculture forestry and fishing from $13.4 to $7.2 million); and lack of political and public support for reform. Jones’ recommendation called for increased western aid, but the burden of progress lays heaviest on Georgia itself. The hearing concluded with a strong statement from Co-Chairman Smith urging the Government of Georgia to work quickly and effectively to eradicate its corruption and religious violence. He concluded his statement with these words, “Our only hope here is to try to promote human rights, democracy, and to protect the sovereignty of Georgia . . . from any forays by Russia.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s web site. 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.

  • U.S. Policy Toward the OSCE - 2003

    The purpose of this hearing was to examine U.S. policy toward the 55-nation Organization for Security and Cooperation in Europe (OSCE). The Commission hearing focused on how the Administration has been using the OSCE to promote U.S. interests in the expansive OSCE region, particularly as a tool for advancing democracy. In addition the hearing touched on the anticipated OSCE Human Dimension Implementation Review. In light of the September 11th terrorist attacks, the hearing discussed the link between state repression and violence and the role of building democracy  in U.S. national security interest. The witnesses and Commissioners discussed how the Helsinki Accords is based on mutual monitoring, not mutual evasion of difficult problems and how this concept can be effective tool for the U.S. foreign policy apparatus. In particular, the hearing covered situations in Central Asia and in authoritarian countries within the OSCE that are not putting forth meaningful reform.

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

    By Chadwick R. Gore CSCE Staff Advisor The United States Helsinki Commission held a briefing November 14 which examined Turkey’s future after the drastic shift in Turkey’s Grand National Assembly following the November 3rd elections. The Justice and Development Party (AKP) received just 34 percent of the popular vote, but gained two-thirds of the seats in the 550-seat Assembly. Forty-five percent of Turkey’s population voted for political parties that did not meet the 10 percent requirement for representation in the new parliament. The political flux has been likened to an earthquake as 88 percent of the newly elected officials are new to parliament, and the roots of the AKP and its leadership can be traced to former, but now illegal, Islamist parties. These factors have raised concerns in and outside of Turkey about the country’s political, democratic, economic and social future. Abdullah Akyüz, President of the Turkish Industrialist and Businessmen’s Association (TÜSÝAD), emphasized the significance of timing and outcome of the recent election. Turkey’s election of a party with a Muslim leader, the fragility of Turkey-EU relations, Turkey-Cyprus relations and the situation in Iraq all create apprehension about Turkey’s future. The election, which resulted in single party leadership, came at a very complex and crucial time for Turkey. While accession into the European Union (EU) is felt by many to be paramount to Turkish stability, Akyüz felt Turkey must address these issues immediately to make itself more attractive to the EU. Mr. Akyüz and Jonathan Sugden, Turkey Researcher for Human Rights Watch (HRW), stressed expressed the importance of EU accession for the economic and democratic development of Turkey. Sugden stated the EU Copenhagen summit in December is “a make or break date” for Turkey. According to Sugden, two main objectives need to be completed to give Turkey a better chance for negotiations with the EU: (1) The government needs to enact the new draft reform law on torture, reducing and eradicating torture from the Turkish law enforcement system; and, (2) Four imprisoned Kurdish parliamentarians [Layla Zana, Hatip Dicle, Orhan Dogan, and Selim Sadak] need to be released or at least given the chance to appeal their cases with adequate legal counsel. Once passed, the legislation to provide legal counsel to detainees immediately upon their detention would place Turkey ahead of several European nations, including France, regarding the right for the accused to have prompt access to counsel. Sanar Yurdatapan, a musician and freedom of expression activist, commented that “Turkey must become a model of democracy to its neighbors by displacing the correlation of Islam and terrorism and diminish the influence of the military in domestic affairs.” The AKP must prove it is committed to democracy and development and not a religious agenda, according to Yurdatapan. Recep Tayyip Erdogan, leader of AKP, has shown signs that his party will attempt to live up to that commitment. Tayyip recently stated that accession to the EU is his top priority. Yurdatapan was most concerned with Turkish citizens gaining domestic freedoms, especially freedom of expression. Other concerns were raised about possible military intervention in domestic affairs. Historically, when the military feels the government is moving away from secularism toward a religious government, the military has stepped in and changed the government. This influence and subtle control of the military from behind the scenes is something that must be overcome if Turkey is to continue to democratize. Another important issue discussed at the briefing was the developing situation between the US and Iraq. Both Akyüz and Yurdatapan voiced concern about the adverse effects of war on Turkey. They were quick to point out that the Gulf War is still very fresh in Turkey’s memory. The Gulf War burdened Turkey with economic downturn and recession, as well as political and humanitarian problems with the Kurds. The Turkish people are very concerned that a new war would have similar effects, severely damaging Turkey’s aspiration for EU accession. If indeed there is a war, Turkey hopes to receive substantial compensation from the United States for economic losses. No one said what exactly Turkey will look like in the next four years, but progress and stability during that period are real possibilities. Yet, the concerns are strong and legitimate due to the several factors on which Turkey’s future depends. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. Helsinki Commission intern Shadrach Ludeman contributed to this article.

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

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

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