Title

Implementation of The Helsinki Accords Vol. X – Aleksandr Ginzburg On The Human Rights Situation In The U.S.S.R.

Friday, May 11, 1979
9:30am
2318 Rayburn House Office Building
Washington, DC
United States
Members: 
Name: 
Hon. Dante B. Fascell
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Jonathan B. Bingham
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. John Buchanan
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Robert Dole
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Richard Stone
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Patrick Leahy
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Millicent Fenwick
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Robert Bernstein
Title: 
Chairman
Body: 
Helsinki Watch
Name: 
Lyudmila Alekseeva
Title: 
Founding Member of Moscow Helsinki Monitoring Group
Body: 
Official Representative of the Helsinki Monitors Abroad
Name: 
Aleksandr Ginzburg
Title: 
Founding member of Moscow Helsinki Monitoring Group
Body: 
Administrator of Solzhenitsyn Fund for the Aid of Political Prisoners and their Families

CSCE Chairman Dante Fascell presided over this hearing on the human rights situation in the USSR. Aleksandr Ginzburg,a Russian human rights activist who had finally been released from the Gulag Archipelago and subsequently returned to his family, testified.  The hearing also focused on the repression and imprisonment of members of the Moscow Helsinki Monitoring Group, a Russian human rights advocacy organization whose work focused on pressure in support of the Helsinki Final Act. The hearing gave Ginzburg a platform to candidly discuss the as human rights abuses taking place in the USSR.

Relevant countries: 
Leadership: 
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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. 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  • OSCE Holds First Annual Security Review Conference

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Conference keynote speaker Adam Rotfeld, Polish Deputy Foreign Minister, stressed that the biggest threat to the OSCE was the support by criminal and dictatorial regimes for terrorists. The organization needed to give particular focus on the Caucasus and Central Asian countries in an effort to meet this threat by building institutions and establishing the rule of law. It was also suggested that OSCE look beyond its traditional areas and include the partners countries in its activities, wherever possible. Greece, speaking for the EU, noted the OSCE's value to provide early warning, post-conflict rehabilitation, and conflict management. The EU urged that very high priority be given to human trafficking, termed "the piracy of today." Germany stressed the need to strengthen the police and border management in troubled regions. Ambassador Cofer Black, Secretary of State Colin L. Powell's Senior Advisor for Counter Terrorism, urged the OSCE to focus on concrete and achievable steps to fight the financing of terrorism and press all 55 participating States to become parties to the 12 UN Conventions on Terrorism. Black recommended that the OSCE be used to strengthen travel and document security with a goal of including bio-metric data (based on the physical composure of an individual's hand or retina) in the travel documents of individuals from all participating States and sharing information on lost and stolen passports. Several delegations cited the need to do more to restrict illicit weapons trade and cited the Bishkek and Bucharest documents as blueprints for practical action. The need to limit the availability of man portable air defense systems (MANPADS) was cited by several delegations. The United States noted that, in preparing for the December OSCE Maastricht Ministerial, particular focus should be given to the priorities cited in the 2003 G-8 Action Plan which includes steps to control proliferation of MANPADS, increased security of sea transport and more effective travel documentation. These priorities were stressed by the new OSCE Special Representative for Counter Terrorism, Brian Wu, who suggested that the area of biological weaponry might need particular attention and asked if more emphasis might be placed on non-banking sources when looking into the financing of terrorism. In the working session on conflict prevention and crisis management, delegations acknowledged OSCE's lack of a "big stick" and the need to work closely with organizations and governments who had such instruments. Nevertheless, the OSCE has a good "tool box" for a variety of actions and is using it for actions such as the destruction of arms stockpiles in Georgia, police training in Kosovo, and facilitating the withdrawal of Russian troops and arms from Moldova. The Representative on Freedom of the Media noted the importance of monitoring hate speech, creating public awareness of arms trafficking and protecting journalists in conflict areas. Most delegations agreed that the OSCE had neither the mandate nor the resources to be a peacekeeping organization, but Russia emphasized it did not share this view and recommended that possibilities for joint action be discussed by OSCE with NATO and the EU. Macedonia hailed the success of the OSCE Mission in helping to manage its internal conflict. The Code of Conduct on Politico-Military Aspects of Security and the work of the Forum on Security Cooperation on small arms and light weapons are positively assessed as a contribution to the larger effort of arms control and conflict risk reduction in Europe. Limits on how much further some of these efforts could be developed, however, were questioned, and there was resistance to actual revision of some of the agreements already reached. In the past year, the OSCE has begun to look at new security risks and challenges across the region. Organized crime, including arms trafficking, was frequently highlighted as something which needed additional cooperative efforts to combat. Among the most important developments are OSCE efforts to assist countries in Central Asia and the Caucasus to improve their police services, drawing on experience gained in southeastern Europe. Throughout the meeting there was a pronounced tendency to be long on generalities and short on specifics. For example, it was noted that only 38 percent of the 55 participating States have become parties to all 12 United Nations conventions and protocols on combating terrorism, a clear OSCE commitment, yet the countries which have not were never named nor asked to explain their implementation records. Indeed, one OSCE insider concluded that the discussion on implementation of commitments to combat terrorism was not much advanced from the discussion which surrounded the earlier negotiation of those commitments. An Ambassador went as far as to remark during a plenary session that some previous statements were little more than "preemptive self-justification." Critics of the ASRC, however, should keep in mind this was the first review conference of its kind. Certainly the implementation review meetings for the human and economic dimensions of the OSCE have had to evolve and adapt over the years. For the security dimension though, calling participating States to account for instances of non-compliance has not similarly developed. As U.S. Ambassador to the OSCE Stephan M. Minikes asserted in his closing statement, "This first Annual Security Review Conference has accomplished what we realistically expected it would. We must recognize that this is the first time that this conference has been held. There will be matters to work out over time. But the fact that we have made a start is very significant and together with our partners from other European and Euro-Atlantic security organizations there is much to do to follow up." Looking Ahead There are several ways in which the ASRC could be improved next year. The Annual Security Review Conference could go beyond its sole focus on OSCE tools and issues and devote specific time to actions taken by the participating States themselves. The benefit of such a review would justify the conference being lengthened by at least one day. As Under Secretary of State John R. Bolton testified at a Helsinki Commission hearing in May, "Heretofore, we have not seen the OSCE as being as much a possible vehicle to help get the kind of [non-proliferation] compliance we want. And that's why I think it's worth exploring." Perhaps more critical to the dialogue would be the opening of the ASRC to a wider audience. The OSCE's other review meetings are already open, not just to observation by those outside government but to participation by NGOs as well. In a letter to the State Department, Helsinki Commission Co-Chairmen Rep. Smith and Senator Campbell urged greater openness and transparency. They were told, however, that for the first ASRC non-inclusion of non-governmental organizations was intended to promote greater dialogue and a more critical review. Only national delegations, OSCE institutions and other European-based international organizations were invited to participate in the inaugural conference. The modalities for the conference did state that "security-related scientific institutes or 'think tanks' of international standing would be considered to be invited as keynote speakers or otherwise be represented as members of national delegations." However, the effort to do so seemed fairly limited and the "greater dialogue" and "more critical review" was not fully realized. The OSCE could do much more to draw on the wealth of expertise among security-related institutions in the United States and elsewhere. If some view the kind of NGO participation seen at other implementation meetings as not conducive to a productive meeting on security issues, at least greater use of public members on national delegations and greater use of expert analysis and insight could be pursued. Short of participation, allowing public observation would permit others a chance to see more clearly how the OSCE and its participating States address security in Europe, and opportunities to engage one-on-one with government officials in the corridors and side events. The State Department has indicated a willingness to look at possible NGO inclusion for future ASRC meetings. Finally, the development of the ASRC should be considered in the broader context of maintaining the balance among the dimensions of the OSCE which has been one of its traditional strengths. Giving balancing to the OSCE's activities was the primary justification for the ASRC. But the level of activity ultimately needs to be based on the need to promote balanced progress in the actual implementation of OSCE commitments. One very positive aspect of the review conference was the deferral of other OSCE activity in Vienna during the meeting which permitted delegates to focus their attention exclusively toward the ASRC. In the past, this has not been the case for human dimension and economic review meetings, which have had to compete with a plethora of meetings, diminishing the focus and participation of some delegations. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commission Examines Plight of Internally Displaced Persons

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Mr. Nicolas de Torrente, Executive Director of Doctors Without Borders, U.S.A. graciously delivered Mr. Trujillo's opening statement. Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) opened the hearing, describing how protracted conflicts in Georgia, Azerbaijan, Armenia and the North Caucasus of the Russian Federation have diminished the prospects of displaced persons safely returning home. He noted that few individuals have been allowed to return to southeastern Turkey, despite the lifting of the last state of emergency in late 2002. "We must address this problem now as thousands and thousands of individuals are suffering," said Smith. "More must be done to find just, realistic and durable solutions." Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) stated in written remarks, "As an American Indian, I am particularly sensitive to the plight of men, women and children who have been uprooted from their homes. Whether due to conflict, natural disaster or other causes, the displaced cling to the hope they will one day be able to return home." Campbell added that with millions waiting to return, "it is the responsibility of individual participating States and the international community to meet the needs of these individuals while working to create the conditions necessary for their return in safety and dignity." Ranking Member Rep. Benjamin L. Cardin (D-MD) emphasized the need for the hearing to both ascertain the precise situation of IDPs in the region and to bring greater attention to their needs. He expressed hope that the hearing would provide information and ideas on how the State Department and the U.S. Congress could play a role in assisting the internally displaced. Commissioner Rep. Joseph R. Pitts (R-PA) called the condition of IDPs in the region "urgent," as they suffer not only from a lack of food, medical aid, and education, but also from the inability to return home. "Some fear government action against them. Others fear rebel action. Others fear both," Pitts noted. Dr. Deng is the author of the UN Guiding Principles on Internal Displacement which recognized international norms for the rights of the displaced and the corresponding duties of states in protecting those rights. He provided an overview of the situation in the region, characterizing IDPs as having the same needs as refugees, "but worse." Since IDPs do not leave their country, they remain more or less within the conflict zone, faced with the same threats that caused their flight. While their home governments bear primary responsibility for their safety and security, Deng noted in many cases IDPs become in effect political hostages. By not resettling the displaced and allowing free integration, the government uses them as bargaining chips in the political conflict. When the government fails to act, the displaced often fall into a "vacuum of responsibility," Deng observed, noting that the world cannot sit and watch and do nothing. Ms. Cohen offered a series of recommendations for the OSCE on issues pertaining to IDPs. "The OSCE, more than most regional organizations, has tremendous potential for dealing with the problem of internal displacement in the European region," stated Cohen. "It also has the responsibility to do so." Although recognizing that in recent years the OSCE has expanded its involvement with problems of internal displacement, Cohen noted that these steps have been largely ad hoc and too small. She recommended that the OSCE systematically integrate internal displacement into its activities, particularly within the Caucasus region and southeastern Anatolia, using the UN Guiding Principles on Internal Displacement as a framework. Cohen specifically urged OSCE bodies to ensure the right of IDPs to vote. In addition, Cohen identified the OSCE/ODIHR migration unit as the potential focal point for activities within the organization and contended that, if these recommendations are carried out, it would positively impact the situation in the Caucasus and Turkey. Russian Federation Gabriel Trujillo's prepared statement outlined the results of a Doctors Without Borders' survey conducted in February 2003 that polled over 16,000 displaced Chechens housed in camps in neighboring Ingushetia. When questioned about returning to Chechnya, an overwhelming majority of respondents said they were too afraid for their safety to return. Notably, individuals interviewed did not consider the availability of humanitarian aid available in Ingushetia as a reason to stay. The ongoing violence has kept UNHCR from certifying Chechnya as a safe return destination. International aid agencies, including Doctors Without Borders, are choosing to limit or suspend their operations out of concern for the safety of aid workers. Mr. de Torrente pointed to recent abductions, including Doctors Without Borders volunteer Arjan Erkel still missing from nearby Daghestan after ten months, as exemplifying the security situation in the region. "If present security conditions in Chechnya and the neighboring republics are not adequate for humanitarian workers to carry out assistance activities," asked de Torrente, "why would they be considered adequate for civilian Chechens to return and resume their normal lives?" Despite this lack of security, the UN estimates that more than 38,000 IDPs from Ingushetia returned to Chechnya last year. Respondents to the survey said people are left with little choice. They report that officials have threatened to cut off assistance in Ingushetia and block future aid in Chechnya for those refusing to leave immediately. Also, Russian troops reportedly are stationed near IDP camps and authorities limit assistance from international agencies, all to pressure IDPs to return to Chechnya. De Torrente concluded, "The results of the survey are a clear indication that the basic rights of displaced people to seek safe refuge, to be protected and assisted properly in a time of conflict, and only to return home voluntarily as guaranteed by international humanitarian law are not being respected." Turkey Mr. Sugden described the situation in southeastern Turkey, where approximately 400,000 to one million people, mostly of Kurdish heritage, fled their villages during the conflict with the PKK. Relative peace returned to the region by 2001, yet the majority of Turkey's displaced have been unable to return home. Sugden noted that often local authorities will not permit villages to be re-inhabited, while in other cases the gendarmes or village guards block resettlement, often by threat or use of violence. While the Government of Turkey has policies and programs aimed at returning the displaced to their homes, Sugden asserted, they have "consistently been underfunded and ill-conceived, falling far short of established international standards." Because of this, the international community has been reluctant to get involved. "Instead of helping villagers to get international assistance, the government, with its flawed plans, is actually standing in their path," he remarked. Sugden noted that the implementation of a fair and effective return program for the displaced populations in Turkey would also serve the country's goal of EU membership. He urged the Helsinki Commission to use its leverage in encouraging Turkey "as a matter of urgent priority" to convene a planning forum with the goal of creating a return program meeting international standards. Azerbaijan and Georgia Dr. Lynch estimated that in the South Caucasus there are currently some 250,000 displaced individuals from the Abkhazia and South Ossetia conflicts in Georgia and over 572,000 displaced from the Nagorno-Karabakh conflict in Azerbaijan. Although political solutions would provide the best opportunity for these groups to return home, the frozen nature of the conflicts makes that a remote possibility. In addition, Lynch asserted that the Georgian and Azeri Governments have failed to provide alternative integration opportunities, thereby maintaining the displaced as "political pawns." In Azerbaijan, only about ten percent of IDPs live in camps. The rest have settled in abandoned hotels, railway cars, or underground dugouts, all of which represent serious health hazards from air and water quality to the risk of structural collapse. The lucky few provided with government-funded housing find themselves located far from jobs and on unirrigated land unsuitable for farming. Nevertheless, Dr. Lynch maintains that Azerbaijan is full of potential; it is an oil-rich country with a highly literate population. "The answer to Azerbaijan's trouble is not found only in resolution of the Nagorno-Karabakh conflict," he asserted, "Azerbaijan must protect itself from corruption and use all of its resources to look to the future." In Georgia, the living conditions for IDPs are just as harsh, but with the added difficulty of only sporadic food aid. There is also a severe lack of even basic healthcare accessible to IDPs and virtually no psychosocial assistance. What healthcare is available is often too expensive for the displaced, resulting in many IDPs dying from curable ailments. Dr. Lynch declared that both Azerbaijan and Georgia must develop long-term solutions for their displaced populations, but they must also allow relief aid to arrive unhindered. In particular, Georgia must lift the import tax it imposed on humanitarian goods, which is currently blocking effective aid distribution, and both countries must work to create economic opportunities for IDPs. She further urged governments to be transparent in their plans, thereby encouraging continued participation of the international community. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Continuous Religious Freedom Concerns in Armenia

    Mr. Speaker, I rise in my capacity as Chairman of the Helsinki Commission to voice concern over Armenia's refusal to register select religious groups and the continuing harassment of certain religious communities, actions which violate Armenia's commitments to religious freedom as a participating State in the Organization for Security and Cooperation in Europe (OSCE). Honoring the commitments enshrined in the Helsinki Final Act and subsequent OSCE documents would ensure Armenia upholds the freedom of the individual to profess and practice religion or belief, alone or in community with others.   With respect to registration, Armenian law requires all religious communities and organizations, other than the Armenian Apostolic Church, to register with the government. Obtaining registration is critical if a religious community wants to carry out basic functions, like renting property, publishing newspapers or magazines, broadcasting programs on television or radio, or officially sponsoring the visas of co-religionists or visitors.   To acquire registration, a petitioning religious organization must obtain an “expert opinion” from the government, in which four questions from Article 14 of the Freedom of Conscience and Religious Organizations Act must be affirmatively answered: (1) Is the religion based on a historically canonized holy book? (2) Does its faith belong to a system of modern worldwide religious church communities? (3) Is it of a purely spiritual orientation, not created for the pursuit of material goals? (4) Does it have at least 200 believing members, not including minors? A negative finding by the government on any of the four questions will terminate the registration application.   This type of approval system is extremely problematic, as it places the government in the role of determining what is or is not a religion, allowing it to make highly subjective decisions. For example, the government refuses to recognize the Jehovah's Witnesses as an official religion, despite having more than 6,000 Armenian members. Other small groups, including approximately 50 Baptist communities, are unable to pass the numerical threshold, so are not qualified to apply for registration. As a result these groups are indiscriminately denied basic rights enjoyed by those which have the government's stamp of approval.   Last September, Prime Minister Andranik Markarian reportedly stated that the Armenian Government must curb the activities of minority religious communities, even if these actions violate Council of Europe obligations. Mr. Speaker, considering this type of bias, I urge the Government of Armenia to revamp the registration process to prevent arbitrary or politicized decisions. Abolishing the registration requirement and ensuring any system facilitates, rather than hampers, the free exercise of religious freedom for individuals and communities, by methodically granting legal status to groups which seek registration would help bring Armenian policy into conformity with OSCE commitments.   Even more alarming is the Armenian Government's continued imprisonment of conscientious objectors, particularly from the Jehovah's Witnesses faith. According to the State Department's 2002 Anual Report on International Religious Freedom for Armenia, military and civilian security officials subject Jehovah's Witnesses who refuse to serve in the military to harsh treatment, because their refusal is seen as a threat to Armenia's survival. One particular example is the case of Araik Bedjanyan, sentenced on July 2nd to 1½ years in a labor camp for refusing military service. Mr. Bedjanyan was sentenced under Article 75 of the criminal code, for “evasion of active military service.” There are currently 24 Jehovah's Witnesses serving sentences for being conscientious objectors on religious grounds. Suren Hakopyan and Artur Torosyan, whom police arrested in Yerevan on July 3, are currently awaiting trial along with six others for their refusal to serve in the military. Seven more Jehovah's Witnesses are reportedly under house arrest for the same “crime.” Despite Article 75 being replaced by Article 327 in the new criminal code, the amendment only reduces the potential sentence from three years to two.   One of the conditions for Armenia's admission to the Council of Europe in January 2001 involved the adoption of a law on alternative military service conforming to European standards within three years. However, while drafts continue to circulate, no laws have been passed that provide for alternative civilian service outside the framework of the army. In the meantime, conscientious objectors continue to receive harsh sentences. Should the Armenian Parliament pass such a law, the service length should not be punitive in nature, but rather be comparable to military service requirements.   As Chairman of the Helsinki Commission, I urge the Armenian Government to abide by its OSCE commitments regarding religious freedom. Armenia should overhaul its registration scheme, dropping the registration requirement, and liberalize its system for bestowing legal personality to religious communities and organizations. Furthermore, all Jehovah's Witnesses currently imprisoned for “evasion of military service” should be unconditionally freed, and a law in line with Council of Europe standards for alternative military service should be passed as soon as possible.

  • Displaced Persons Facing Serious Obstacles in Russia

    Mr. Speaker, today I want to bring to the attention of colleagues two situations concerning internally displaced persons (IDPs) in the Russian Federation. I recently chaired a Helsinki Commission hearing to assess the plight of IDPs, including those in the Caucasus region.   The first involves IDPs from Chechnya who, according to reliable sources, continue to be pressured by Russian authorities to return to the war-torn capital city of Grozny, despite continuing violence there and a lack of many basic services. According to the State Department's Country Reports on Human Rights Practices for 2002, approximately 140,000 persons remained internally displaced within Chechnya, with 110,000 more displaced in the neighboring republic of Ingushetia. Despite international attention, including a letter initiated last fall by the Helsinki Commission, which I chair, the Russian Government continues to pressure IDPs to return, and in some cases limits the ability of NGOs to provide assistance.   My concern for the safety of Chechen IDPs is well founded, as authorities in the past year closed three IDP camps, two near the village of Znamenskoye in northern Chechnya and the Aki-Yurt camp in Ingushetia, effectively forcing the residents back to Grozny. Reports of violence and human rights violations by both Russian military units and Chechen rebels in Chechnya are disturbing. The ongoing chaos in that war-torn region has kept UNHCR from certifying Chechnya as a safe return destination, which is supported by the fact that many international aid agencies have limited or suspended their operations out of concern for the safety of aid workers.   Despite this lack of security, the United Nations estimates that more than 38,000 IDPs from Ingushetia returned to Chechnya last year, with many complaining of government coercion. While no camp has been closed since December 2002, Doctors Without Borders reports that government officials threaten to cut off assistance in Ingushetia and block future aid in Chechnya for those refusing to leave immediately. The stationing of Russian troops near IDP camps and the limiting of assistance from international agencies to camp residents represent pressure tactics to “encourage” the return of IDPs to Chechnya.   Clearly, the Russian Government is not respecting the fundamental right of individuals to seek safe refuge. As a participating State of the Organization for Security and Cooperation in Europe (OSCE), the Russian Federation has committed to facilitate sustainable solutions to the plight of IDPs and the voluntary return of such individuals in dignity and safety. I urge President Putin to intervene to ensure that Russian policy and practice are consistent with these OSCE commitments and that no IDPs be effectively forced to return to their homes in Chechnya until the conditions have been created for their return. To do otherwise would place the lives of tens of thousands of innocent Russian citizens at risk.   The second situation I want to briefly highlight concerns the plight of Meskhetian Turks in the Krasnodar Krai region of the Russian Federation. Also known as Ahiska Turks or Meskhetians, Meskhetian Turks were forced to relocate twice within the past 50 years, first from Soviet Georgia in November 1944 to the Soviet Socialist Republic of Uzbekistan. In 1989, approximately 90,000 Meskhetian Turks fled ethnic conflicts in Uzbekistan to all parts of the Soviet Union, with the largest concentration today found in Krasnodar Krai. Numbering approximately 13,000, these displaced individuals find themselves in a virtual no man's land, denied citizenship and permanent residency permits, as well as many other fundamental rights.   Due to loopholes in the Russian citizenship law and the improper application of this law by Krasnodar Krai authorities, Meskhetian Turks must register as “guests” every 45 days, may not legally register the purchase of a house or car, and their marriages and deaths are not officially recorded. Most are denied education above high school, as well. The Krasnodar regional legislature enacted a series of laws in 2002 in an attempt to pressure the Meskhetian Turks to leave. Corresponding with the expiration of the temporary registration held by most Krasnodar Meskhetian Turks, the laws reportedly cancelled leases on land or denied lease renewals for the 2002 crop season. Furthermore, chauvinistic local authorities have not intervened to prevent local Cossack paramilitary units from repeatedly victimizing Krasnodar Meskhetian Turks through public harassment, robbery, and vandalism. In late May, a mob of around 50 people attacked Meskhetian Turks and other non-Russian-looking individuals in two villages, injuring 30 people and hospitalizing six.   By not granting citizenship or providing permanent residency status, current Russian policy enables the discriminatory practices subjugating the rights of Meskhetian Turks in Krasnodar Krai to continue. Mr. Speaker, President Putin cited the problems of citizenship and stateless persons in his annual State of the Federation address earlier this year. The Russian President pointed out the complexities and uncertainties faced by stateless persons in Russia. I urge him and Members of the State Duma to rectify the status of Meskhetian Turks and other stateless persons. Meanwhile, the Kremlin should intervene to ensure that Krasnodar Krai officials desist in their discriminatory treatment of the Meskhetian Turks until their status is normalized, as well as guarantee the prosecution of violent criminals.  

  • Floor Statement in Support of H.R. 1950, the Foreign Relations Authorization Act for Fiscal Years 2004 and 2005 - Rep. Smith

    Madam Chairman, I am pleased that Title XV of the State Department authorization bill incorporates key provisions of the Belarus Democracy Act of 2003, which I sponsored earlier this year. The State Department's annual Country Reports on Human Rights Practices report on Belarus states that the Belarusian regime's "human rights record remained very poor and worsened in several areas." Thanks to Alexander Lukashenka--aptly cited by The Washington Post as "Europe's last dictator"--Belarus has the worst human rights record in Europe today. The Helskinki Commission, which I Chair, as well as the Organization for Security and Cooperation in Europe including its Parliamentary Assembly, the United Nations, the Council of Europe, the European Union and other international entities have all chronicled the appalling state of human rights and democracy in a country located in the heart of Europe. Belarus already borders NATO. In just a few years, Belarus will border the European Union.   The Lukashenka regime has blatantly and repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The independent media, non-governmental organizations (NGOs) and democratic opposition have all faced harassment. Indeed, in the last few months, his war against civil society has intensified--resulting in the closure of non-governmental organizations, independent media outlets and Western-funded media support groups, such as Internews Network group, an international organization that helps develop independent media in countries in transition.   Just last week, the Lukashenka regime denied continuation of the accreditation of the International Research and Exchanges Board (IREX), an American organization that has implemented a variety of assistance programs in Belarus for years, including programs that helped the struggling independent media. Last week, they ordered the closure of the Minsk bureau of Russian NTV television. Just a few weeks ago, Lukashenka closed down the National Humanities Lyceum, a highly respected school promoting the study of the Belarusian language and culture. There are growing, legitimate fears that Lukashenka is aiming to remove Belarus from its vestiges of democracy dissent.   In October, Lukashenka signed into law the most restrictive religion law in Europe. Independent journalists have been sentenced to "corrective labor" for their writings. There are credible allegations of the Lukashenka regime's involvement in the disappearances of leading opposition figures and a journalist. Here in Washington and at various OSCE Parliamentary Assembly meetings, I've had occasion to meet with the wives of the disappeared, Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky. These meetings have been heart-wrenching. The cases of their husbands--who disappeared in 1999 and 2000 and are presumed to have been murdered--are a stark illustration of the climate of fear that pervades in Belarus.   On the security front, reports of arms deals between the Belarusian regime and rogue states, including Iraq and North Korea, continue to circulate. Lukashenka and his regime were open in their support of Saddam Hussein.   One of the primary purposes of this initiative is to demonstrate U.S. support for those persevering to promote democracy and respect for human rights in Belarus despite the onerous pressures they face from the anti-democratic regime. Necessary assistance is authorized for democracy-building activities such as support for non-governmental organizations, independent media--including radio and television broadcasting to Belarus--and international exchanges.   The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards--in sharp contrast to the 2000 parliamentary and 2001 presidential elections in Belarus which flagrantly flaunted democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country's self-imposed isolation. Parliamentary elections are scheduled to be held in 2004, and we should encourage those who seek to create the laws and environment conducive to a free and fair election.   In addition, the Executive Branch is encouraged to impose sanctions against the Lukashenka regime and deny high-ranking officials of the regime entry into the United States. U.S. Government financing would be prohibited, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs.   Madam Chairman, we are seeking to help put an end to the pattern of clear and uncorrected human rights violations by the Lukashenka regime and are hoping this will serve as a catalyst to facilitate Belarus' integration into democratic Europe. The Belarusian people deserve to live in a society where democratic principles and human rights are respected and the rule of law is preeminent. The Belarusian people--who have endured so much both under past and current dictatorships--deserve our support as they work to overcome the legacy of the past and develop a genuinely independent, democratic country.   In addition, Madam Chairman, in keeping with this authorization for the Department of State, I want to express my appreciation for the work of the Department in bringing needed attention to the concerns about ongoing anti-Semitism, an age-old plague that still haunts many countries in the OSCE, including our own. I have sought to identify effective responses to this troubling phenomenon, including the introduction of the resolution, H. Con. Res. 49 which passed last month.   Last month, I joined Mayor Rudy Giuliani and Congressman HASTINGS in Vienna for an OSCE conference specifically focused on anti-Semitism. Having the OSCE itself take up this important cause is significant. In fact, the idea was first raised in the May 2002 hearing of the Helsinki Commission and also suggested in the resolution condemning anti-Semitism I presented at the Berlin Parliamentary Assembly meeting last summer. I offered a similar resolution week before last at the Rotterdam OSCE PA meeting. Both resolutions passed the Assembly unanimously. While the OSCE Parliamentary Assembly has actively denounced anti-Semitic acts, I give great credit to the State Department for making the Vienna Conference a reality. Notably, one initiative emerging from the Vienna Conference was a pledge by our German friends to hold a follow-up meeting in Berlin next year to focus on anti-Semitism. I hope this meeting will rally the troops from Europe, the U.S., and Canada to say in one voice "never again."   Finally, Madam Chairman, I was pleased to learn of Senator Voinovich's amendment to the Senate's State Department reauthorization bill requiring the Annual Report on International Religious Freedom to include specific coverage of anti-Semitism. The amendment calls for the report to cover "acts of anti-Semitic violence that occurred in that country" and "the response of the government of that country to such acts of violence." Importantly, the amendment would mandate the report to chronicle "actions by the government of that country to enact and enforce laws relating to the protection of the right to religious freedom with respect to people of the Jewish faith." I think this is a worthwhile idea and hope it will be enacted into law.

  • S. Res. 202, Expressing the Sense of the Senate Regarding the Genocidal Ukraine Famine of 1932-33

    Mr. Campbell submitted the following resolution; which was referred to the Committee on Foreign Relations:   S. RES. 202   Whereas 2003 marks the 70th anniversary of the Ukraine Famine, a manmade disaster that resulted in the deaths of millions of innocent Ukrainian men, women, and children and annihilated an estimated 25 percent of the rural population of that country;   Whereas it has been documented that large numbers of inhabitants of Ukraine and the then largely ethnically Ukrainian North Caucasus Territory starved to death in the famine of 1932-33, which was caused by forced collectivization and grain seizures by the Soviet regime;   Whereas the United States Government's Commission on the Ukraine Famine concluded that former Soviet leader Joseph Stalin and his associates committed genocide against Ukrainians in 1932-33, using food as a political weapon to achieve the aim of suppressing any Ukrainian expression of political and cultural identity and self-determination;   Whereas, as a result, millions of rural Ukrainians starved amid some of the world's most fertile farmland, while Soviet authorities prevented them from traveling to areas where food was more available;   Whereas requisition brigades, acting on Stalin's orders to fulfill the impossibly high grain quotas, seized the 1932 crop, often taking away the last scraps of food from starving families and children and killing those who resisted;   Whereas Stalin, knowing of the resulting starvation, intensified the extraction from Ukraine of agricultural produce, worsening the situation and deepening the loss of life;   Whereas, during the Ukraine Famine, the Soviet Government exported grain to western countries and rejected international offers to assist the starving population;   Whereas the Ukraine Famine was not a result of natural causes, but was instead the consequence of calculated, ruthless policies that were designed to destroy the political, cultural, and human rights of the Ukrainian people;   Whereas the Soviet Union engaged in a massive cover-up of the Ukraine Famine, and journalists, including some foreign correspondents, cooperated with the campaign of denial and deception; and   Whereas, 70 years later, much of the world is still unaware of the genocidal Ukraine Famine: Now, therefore, be it Resolved, That it is the sense of the Senate that–   (1) the millions of innocent victims of the Soviet-engineered Ukraine Famine of 1932-33 should be solemnly remembered and honored on the 70th anniversary of the famine;   (2) the 70th anniversary of the Ukraine Famine should serve as a stark reminder of the brutality of the totalitarian, imperialistic Soviet regime under which respect for human rights was a mockery and the rule of law a sham;   (3) the Senate condemns the callous disregard for human life, human rights, and manifestations of national identity that characterized the Stalinist policies that caused the Ukrainian Famine;   (4) the manmade Ukraine famine of 1932-33 was an act of genocide as defined by the United Nations Genocide Convention;   (5) the Senate supports the efforts of the Government of Ukraine and the Verkhovna Rada (the Ukrainian parliament) to publicly acknowledge and call greater international attention to the Ukraine Famine; and   (6) an independent, democratic Ukraine, in which respect for the dignity of human beings is the cornerstone, offers the best guarantee that atrocities such as the Ukraine Famine never beset the Ukrainian people again.   HON. BEN NIGHTHORSE CAMPBELL OF COLORADO   Mr. President, I rise to submit a Senate Resolution regarding the genocidal Ukraine Famine of 1932-33. The resolution commemorates the millions of innocent victims of this Soviet-engineered famine and supports the efforts of the Ukrainian Government and Parliament to publicly acknowledge and call greater international attention to one of the 20th century's most appalling atrocities.   This year marks the 70th anniversary of Stalin's man-made famine, one of the most heinous crimes in a century notable for events that demonstrated the cruelty of totalitarian regimes. Seventy years ago, a famine in Soviet-dominated Ukraine, and bordering ethnically-Ukrainian territory in Russia, resulted in the deaths of millions of Ukrainians––estimates range from between four and ten million. In his seminal book on the Ukraine Famine, Harvest of Sorrow, British historian Robert Conquest writes, “A quarter of the rural population, men, women, and children, lay dead or dying, the rest in various stages of debilitation with no strength to bury their families or neighbors.” Conquest and many others, including eyewitnesses and recently opened archives, chronicle the devastating human suffering of this man-made famine.   The Ukraine Famine was not the result of drought or some other natural calamity, but of Soviet dictator Stalin's utterly inhumane, coldly calculated policy to suppress the Ukrainian people and destroy their human, cultural, and political rights. It was the result of purposeful starvation. Communist requisition brigades, acting on Stalin's orders to fulfill impossibly high grain quotas, took away the last scraps of food from starving families, including children, often killing those who resisted. Millions of rural Ukrainians slowing starved amid some of the world's most fertile farmland, while stockpiles of expropriated grain rotted by the tons. Meanwhile, the Soviet Government was exporting grain to the West, rejecting international offers to assist the starving population, and preventing starving Ukrainians from leaving the affected areas in search of food elsewhere. The Stalinist regime––and, for that matter subsequent Soviet leaders––engaged in a massive cover-up of denying the Ukraine Famine. Regrettably, they were aided and abetted in this campaign of denial and deception by some Western journalists, including Americans.   The final report of the Congressionally-created Commission on the Ukraine Famine concluded in 1988 that “Joseph Stalin and those around him committed genocide against Ukrainians in 1932-33.” James Mace, who was staff director of the Commission, recently wrote: “For Stalin to have completely centralized power in his hands, he found it necessary to physically destroy the second largest Soviet republic, meaning the annihilation of the Ukrainian peasantry, Ukrainian intelligentsia, Ukrainian language, and history as understood by the people; to do away with Ukraine and things Ukrainian as such. The calculation was very simple, very primitive: no people, therefore, no separate country, and thus no problem. Such a policy is genocide in the classic sense of the word.”   It is vital that the world not forget the Ukraine Famine, honor its victims, and reiterate our support for Ukraine's independence and democratic development as the best assurance that atrocities such as the famine become truly unimaginable. I urge colleagues to join me in commemorating this genocide perpetrated against the Ukrainian people.

  • Helsinki Commissioners Press Belgrade to Apprehend Indicted War Criminals, Cooperate with Hague Tribunal

    By Bob Hand CSCE Staff Advisor On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld. Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient. In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success. Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.” Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing. In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD). The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination. Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed. Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime. Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse. Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia. James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact. Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic. Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague. A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.” The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms. Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community. In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.” 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 Kristin Poore contributed to this article.

  • Helsinki Commission Members Press Belgrade to Apprend Indicted War Criminals, Cooperate with Hague Tribunal

    By Bob Hand CSCE Staff Advisor   On June 16, 2003, Secretary of State Colin Powell certified that Serbia and Montenegro met U.S. criteria set forth in section 578 of the Consolidated Appropriations Resolution. These criteria include Serbia and Montenegro’s level of cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY). Without certification, certain bilateral assistance to Serbia would have been withheld. Leading Members of the United States Helsinki Commission have long been concerned with the level of cooperation by the Government of Serbia and Montenegro with ICTY and have consistently urged the authorities in Belgrade to do more. Concerned Commissioners have sought to increase attention paid to developments in Serbia in the aftermath of the March assassination of reformist Prime Minister Zoran Djindjic. There is a general sense among Commission leaders that while Belgrade’s cooperation with the Tribunal has been improving, it still remains insufficient. In the lead up to the June 15th certification deadline, Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Member Rep. Benjamin L. Cardin (D-MD) participated in a Commission public briefing featuring Carla Del Ponte, Chief Prosecutor of the Tribunal. As of the May 15th briefing, Del Ponte characterized cooperation from Belgrade as uncertain, underscoring that movement comes only when it is seen as politically beneficial for the Serbian Government. She noted some cooperation in accessing documents; however, for more than a year, the prosecution has pushed for the transfer of 155 Serbian documents in connection with the Milosevic trial without success. Del Ponte expressed concern over the failure to detain wanted fugitives – particularly Veselin Sljivancanin, indicted for the 1991 Vukovar massacre in Croatia, and Ratko Mladic and five others wanted in connection with the 1995 Srebrenica massacre in Bosnia-Herzegovina. “Mladic is a great mystery because we know where Mladic is,” she asserted. “We passed this information to the Serbian Government in Belgrade, and nothing happened.” Del Ponte stressed that if law and order is to prevail criminal justice must be credible. Failure to bring together all those accused to trial frustrates the progress of the Tribunal and forces the witnesses to present repeatedly their own horrific accounts each time a separate case is brought to trial. She also assessed cooperation with Croatia, Bosnia-Herzegovina, and Kosovo during the course of the briefing. In a letter dated May 23, five Members of the Helsinki Commission urged Secretary of State Colin Powell to utilize the time prior to the certification deadline to press authorities in Belgrade to take the steps necessary to meet the certification requirements. The Commissioners recognized the significant strides Serbia has made in cooperation with the Tribunal, but underscored that “a failure to apprehend Mladic and other notorious war criminals soon would be a serious setback to the cause of reform and recovery at home and further delay Serbia’s integration in Europe.” The letter was signed by Co-Chairmen Rep. Christopher H. Smith (R-NJ) and Senator Ben Nighthorse Campbell (R-CO), and Commissioners Rep. Steny H. Hoyer (D-MD), Senator Christopher J. Dodd (D-CT) and Rep. Benjamin L. Cardin (D-MD). The United States Helsinki Commission held a second briefing on June 4, detailing Serbia and Montenegro’s cooperation with the Tribunal, and the prospects for human rights and democratic development in Serbia since the lifting of the state of emergency imposed after Djindjic’s assassination. Helsinki Commission Senior Advisor Donald Kursch opened the briefing, welcoming the tough measures authorities in Belgrade have taken in the wake of Mr. Djindjic’s murder to crack down on criminal elements. Nina Bang-Jensen, Executive Director and General Counsel for the Coalition for International Justice, described Serbia’s actual cooperation with the Court as “very limited, begrudging, and only under pressure.” After last year’s certification, Serbia’s government promised a consistent pattern of cooperation, but only three surrenders and one arrest have followed. Bang-Jensen cited the failure to apprehend nineteen Bosnian Serb and Serbian indicted suspects, either living within Serbia or frequently crossing into Serbia, as an indication that the current government is inclined to protect the old regime. Elizabeth Andersen, Executive Director of the Europe and Central Asia Division of Human Rights Watch, recommended that the United States look not only at Serbia’s cooperation with the ICTY, but to its overall level of commitment to rule of law. Following Djindjic’s assassination in March, the Serbian Government imposed a state of emergency to crack down on organized crime. It is estimated that more than 10,000 people were held incommunicado for up to two months under this guise. International monitors were denied access to detainees until recently, and Andersen noted that released detainees reported widespread abuse. Despite increasing pressure from the international community on Serbia’s domestic courts to shoulder greater responsibility for holding war criminals accountable, only four domestic trials were held this year. There is also no indication of upcoming trials or of a permanent commitment to such a process. Trials that have proceeded suffered from a lack of witness protection, poor case preparation by prosecutors, and problems facilitating witnesses traveling from other areas of the former Yugoslavia. James Fisfis, Resident Program Officer for Serbia at the International Republican Institute, remained optimistic. Fisfis presented the results of an IRI survey suggesting that 56 percent of Serbian citizens believe the country is now on the right track, up from 38 percent before the assassination. Sixty-four percent of Serbian respondents currently support cooperation with The Hague, seeing it as a necessary measure toward gaining international acceptance. The data suggest a window of opportunity exists for pressure to reform to have an impact. Ivan Vujacic, Ambassador of Serbia and Montenegro to the United States, acknowledged that “more can be done and more will be done” in cooperation with the Tribunal, but focused on the progress made over the last two and half years, which he described as “remarkable.” In particular, he pointed to the recent arrests of three “pillars of Milosevic’s rule”: Miroslav Radic, Franko Simatovic, and Jovica Stanisic. Ambassador Vujacic said that the Serbian Government was highly committed to protecting human rights. He stated that during the war “the ultimate human right, the right to life was taken from the victims in atrocities defined as war crimes and crimes against humanity.” Vujacic promised that all indictees in the territory of Serbia and Montenegro will be arrested and transferred to The Hague. A second Helsinki Commission letter to Secretary of State Powell dated June 12th, declared that certification could not be justified at the time. The letter concluded: “To certify would be detrimental to U.S. foreign policy goals supporting international justice and successful and complete democratic change in Serbia.” The letter reiterated that the Serbian authorities had yet to arrest and transfer Mladic and other indictees who are most likely in Serbia, and even this did not define the full cooperation with the Tribunal desired. Commission Members warned that if certification occurred while the required conditions remained unmet, the United States’ ability to affect change in Serbia would be diminished, making it more difficult for Serbia’s political leadership to undertake necessary reforms. Some Commission Members view the June 13 arrest of the indicted war crimes suspect Veselin Sljivancanin by the Belgrade authorities as an important positive step toward increased cooperation with the ICTY. However, continued failure to apprehend Mladic and other leading indictees remains a serious cause of concern that places barriers to Serbia and Montenegro’s full re-integration into the international community. In a press release announcing certification, State Department spokesman Richard Boucher asserted that the Secretary’s decision to certify does not indicate that Serbia has fulfilled its commitment. “We have made clear ... that the United States expects further actions to be taken in order to meet those obligations,” Boucher said, “including by arresting and transferring Radovan Karadzic and Ratko Mladic.” 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.

  • From the Bad to the Worst... Helsinki Commission Hearing Sets Sites on Arms Sales to Rogue Regimes

    By Bob Hand CSCE Staff Advisor   The United States Helsinki Commission held a hearing June 5, 2003, to examine the transfer of arms to rogue regimes by certain participating States of the Organization for Security and Cooperation in Europe (OSCE), in violation of non-proliferation obligations set forth in OSCE commitments. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing entitled “Arming Rogue Regimes: The Role of OSCE participating States.” Under Secretary of State for Arms Control and International Security John Bolton testified on behalf of the Administration. Also testifying were Roman Kupchinsky, editor of Crime and Corruption Watch for Radio Free Europe/Radio Liberty and Terence Taylor, President and Executive Director of the International Institute for Strategic Studies in the United States. Co-Chairman Smith, in opening the hearing, stressed the importance of examining the capacity and readiness of certain OSCE participating States to be sources of supply. He emphasized the Commission’s desire to focus on the role of suppliers in the effort to curb the spread of dangerous weaponry and militarily significant equipment and technology to rogue regimes around the world. Mr. Smith noted that, particularly among former Warsaw Pact States, several countries remained vulnerable to the lure of responding to the demand from rogue regimes for weapons of mass destruction (WMD), delivery systems and small arms or light weapons. He cited press articles and official investigations reporting that Belarus, Bosnia-Herzegovina, Bulgaria, Moldova, Russia, Serbia-Montenegro and Ukraine have supplied dangerous regimes and combatants with military equipment or militarily-significant technology and resources. In some cases, these revelations were followed by government efforts to stop the flow and address those responsible. However, in other cases, government officials have attempted to cover-up and deny involvement. Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO) said, “While some may claim a lack of technical know-how impedes their ability to track arms transfers, we must not lose sight of the important element of political will.” He added that the United States “cannot afford to turn to a blind eye with respect to the complicity of senior civilian and military leaders in transfers that violate international commitments or are otherwise detrimental to the security interests of the United States.” Campbell added, “At a time when the OSCE is assessing ‘new threats’ to security, it would be foolhardy to overlook the multidimensional threats posed by corruption and international crime.” Commissioner Rep. Zach Wamp (R-TN) stressed his belief in the importance of such a hearing as a forum to learn the hard facts in order to benefit the world community. Commissioner Rep. Benjamin L. Cardin (D-MD) stated that the OSCE has a particular responsibility to make sure that weapons of mass destruction are not made available to rogue regimes and terrorist organizations. Commissioner Rep. Joseph R. Pitts (R-PA) expressed concern as to whether the governments of France and Russia fully understand the implications of doing business deals with rogue regimes. The three witnesses confirmed that a number of OSCE participating States possess the technology and ability to supply rogue regimes, terrorist groups, and combatants in regional conflicts with militarily significant equipment and know-how. The end of the Cold War left several Warsaw Pact States with huge stockpiles of military hardware, while economic downturns have made their military industries and research institutes desperate for funds. Under Secretary Bolton asserted that the United States has encouraged these countries to maintain tight control over such facilities and has invested in programs to destroy surplus equipment and convert the factories into industrial production. Still, several countries remain vulnerable to the lure of responding to the demand by rogue regimes for sophisticated weapons systems as well as small arms or light weapons. Organized crime and widespread corruption compound the problem, as well as a widespread attitude that what the purchasers do with arms they buy is neither the concern nor the responsibility of the supplier. Among specific OSCE countries cited was Belarus, where the Lukashenka regime threatens the security of others by facilitating the proliferation of arms and militarily significant equipment to rogue regimes and conflict areas around the world. “Belarus is one of the least responsive OSCE members states, and has done little to show it is serious about non-proliferation,” Bolton said, adding that since Iraq kept intricate details of all arms transactions, the United States expected to uncover significant details regarding Belarus’ role as a supplier. Russia’s role was also discussed, especially in light of concerns about Russian technology and expertise and Iran’s nuclear and missile programs. Under Secretary Bolton underscored his ongoing engagement with Moscow on non-proliferation issues and reported some progress in cooperation with the Russian Government to control exports. At the same time, questions were raised about Russia’s willingness to make greater inroads toward non-proliferation and the possibility of an “oligarch” outside the government who may be in control of deals with Iran concerning that country’s Bushehr nuclear reactor. While President Vladimir Putin and the Russian Government may at times be very much aware of what is happening, Russian oligarchs are nevertheless a major problem. One alleged arms dealer, Victor Bout, continues to reside in Moscow despite being wanted in Belgium and the United Kingdom on an Interpol warrant, according to Mr. Kupchinsky. He alleged that the protection that Bout has in Russia is “very high-level” and that Russian Interpol has not acted on warrants that have been given to them. Ukraine remains a major player in arms sales and transfers. Co-Chairman Campbell said President Leonid Kuchma’s personal authorization of the Kolchuga sale “renders him an unreliable partner and casts a shadow over relations with Ukraine as long as he is in power.” Under Secretary Bolton noted that the Kolchuga incident was duly noted by other governments. “Well, I think certainly the Kolchuga incident got their attention in a major way,” he said. “And I think the Government of Ukraine is still trying to deal with that.” Bulgaria, slated to take over the chairmanship of the OSCE in 2004 also featured prominently in the hearing. It was noted that Bulgaria had a well-developed arms industry from its days as a Warsaw Pact member that led to significant arms transfers in the 1990s. Mr. Kupchinsky stated that, from his observations, the Bulgarians have not been concerned with the ultimate destination of their arms shipments and that this was an attitude persisting in most of the former Warsaw Pact countries and Soviet successor states. Mr. Taylor expressed particular concern about individuals in the private sector who are likely to be unaware of the need to protect themselves from those seeking to buy their equipment, resources or technology. Taylor also advocated greater transparency in reporting transfers of militarily-significant items and spoke positively of OSCE efforts in this area, especially with regard to small arms and light weapons. Commissioner Cardin sought recommendations on how to make transparency laws and controls more effective internationally. Mr. Taylor said that a good framework for dealing with proliferation issues already exists on paper; however, the real challenge is ensuring that states follow through on their commitments by insisting on full compliance, thorough reporting, and accountability. Strong export controls provide major contributions toward preventing illicit arms transfers. Mr. Bolton said that U.S. export control assistance is largely responsible for over a dozen European and Eurasian countries adopting comprehensive export control laws that meet international standards. This program was created initially to address the proliferation concerns among former Soviet Union states and others. A number of OSCE countries still need additional assistance to develop appropriate legal frameworks and increase enforcement capabilities to combat the transfers of sensitive goods and technologies. Under Secretary Bolton stressed the top priority given by the Bush Administration to discouraging proliferation of WMD. In this regard the steps that OSCE members take toward their commitments on non-proliferation are especially important. However, as encouraging as OSCE declarations are, they are worthless if the participating States do not take them seriously. It is therefore necessary for the United States to continue its strong leadership role in both bilateral and multilateral fora to stem the proliferation of WMD and the means to deliver them, including robust enforcement of U.S. non-proliferation laws. 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.

  • US SHDM Statement on Religious Freedom

    Freedom of thought, conscience, religion or belief is a cornerstone of OSCE commitments protecting human rights. The 1989 Vienna Concluding Document declared that participating States will "take effective measures to prevent and eliminate discrimination against individuals or communities on the grounds of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, political, economic, social and cultural life, and to ensure the effective equality between believers and non-believers." The document went on to declare that participating States will "foster a climate of mutual tolerance and respect between believers of different communities as well as between believers and non-believers." Corporately, the participating States have agreed to a rich body of commitments meant to facilitate not frustrate the profession and practice of religion. In too many OSCE countries today, however, government officials use restrictive laws and ignore constitutional protections in such a way as to unjustifiably limit the practice of religion for members of many unpopular groups. The drafters of OSCE agreements on religious freedom evidently recognized the important role governments play in fostering a climate of tolerance in their societies. Government intolerance of religious groups, in most cases, will only lead to greater intolerance among their populace. One elementary responsibility of the state in this regard is non-discrimination towards individual members or groups. This issue was addressed at the ad hoc meeting hosted by the Dutch in the summer of 2001, which highlighted how, in the OSCE region, policies that favor certain religious groups tend to, as a corollary, penalize other religious groups by denying legal personality or equal status. By institutionalizing discriminatory policies toward a group, government actions can have the effect of stigmatizing certain religious communities. In some OSCE countries, this has taken the form of special lists, centers offering one-sided information or burdensome registration laws creating hurdles impossible to overcome. Such acts, especially by EU countries, are especially worrisome as many incoming EU countries are copying such acts and regulations, often without the long-standing democratic practices and protections to prevent discrimination or abuse. We urge countries that have hierarchical structures to examine their laws carefully to determine if they are unjustifiably restricting or penalizing those citizens who do not belong to these particular religious bodies.

  • International Day in Support of the Victims of Torture

    Mr. Speaker, as Chairman of the Commission on Security and Cooperation in Europe, I find myself dealing with the issue of torture many times over during the course of any given year--torture committed by Russian forces in Chechnya, systematic police abuse of Roma in Greece, prisoners tortured to death in Uzbekistan, to give just a few recent examples.   Unfortunately, torture remains the weapon of choice by many oppressive regimes, systematically used to silence political opposition, punish religious minorities, or target those who are ethnically or racially different from those in power.   But on the occasion of the United Nations' Day in Support of the Victims of Torture, I'd like to reflect on the steps that can be taken to help prevent torture from occurring in the first place.   Torture is prohibited by a multitude of international instruments, including documents of the Organization on Security and Cooperation in Europe (OSCE). Moreover, it is absolute and nonderogable under any circumstances, even wartime. The challenge, then, is to translate this commitment into practice.   Amnesty International has issued a number of recommendations to help end torture. They are remarkably straightforward and easy to grasp: officials at the highest level should condemn torture; governments should ensure access to prisoners; secret detentions should be prohibited; and confessions obtained through torture should be excluded from evidence in the courtroom. I believe the implementation of these fundamental principles would have a significant impact in reducing torture. At the OSCE Parliamentary Assembly's Annual Session two years ago, I introduced a resolution, passed by the Assembly, that built on these basic concepts.   While we work to eradicate torture, we must not forget those who have already become its victims. Along with Representative TOM LANTOS, I have introduced H.R. 1813, legislation to re-authorize the Torture Victims Relief Act and the list of cosponsors is growing. The Senate companion bill, S. 854 was introduced by Senator COLEMAN. This reauthorization will continue funding for centers here in the United States that help provide treatment for the estimated half million survivors, most of whom came to this country as refugees. It will also provide funds, distributed through the Agency for International Development or the U.N. Voluntary Fund for the Victims of Torture, for treatment centers abroad. While life for torture survivors can never be the same, treatment can provide victims the hope of becoming stable and productive members of their communities. I urge my colleagues in the House to join in supporting this measure as a tangible support of the victims of torture.

  • Repression Spreading in Belarus

    Mr. Speaker, Europe's last dictator, Belarus' Alyaksandr Lukashenka, appears determined to ignore the voices of the people of Belarus calling for basic respect for human rights and democratic principles a decade after that country gained its independence and joined the Organization for Security and Cooperation in Europe (OSCE).   As Chairman of the Helsinki Commission, I am disturbed by recent developments which demonstrate the growing repression in Belarus. There have been further restrictions imposed on the independent media, with the recent suspension of independent newspapers Navinki and Ekho. Just a few days ago, the publication Predprinimatelskaya Gazeta was suspended for three months. The offices of the trade union paper Solidarnost have been sealed by the authorities. Still other publications have received warnings that could lead to their closure. These actions were preceded by the three-month suspension of two prominent independent newspapers--Belaruskaya Delovaya Gazeta and BDG--For Internal Use Only.   The Lukashenka regime is also targeting schools. The National Humanities Lyceum, a highly respected high school promoting study of the Belarusian language and culture, is under fire, with its acting head to be replaced by a reportedly non-Belarusian-speaking official. Why? Because professors at the school support democracy and the Belarusian language and culture which ironically is anathema to the Belarusian strongman. Mr. Speaker, what kind of leader actively suppresses his nation's language and culture?   Moreover, a new crackdown on Pentecostal home meetings in western Belarus is underway, with fines being handed down on church members who permit their homes to be used for prayer meetings--a result of last year's restrictive religion law.   Non-governmental organizations (NGOs) are also facing increasing scrutiny, often for truly spurious reasons such as minor mistakes in registration documents. Several, including Ratusha, Varuta and the Youth Christian Social Union, are under threat of liquidation. Just a few days ago, the Homel regional court ordered the closure of the area's largest NGO, Civic Initiatives. The intensified campaign against NGOs and the independent media are widely regarded among domestic and international observers as a concerted attack on active and independent civil society structures.   Repressive actions against individuals continue as well. Recently, 18-year-old ZUBR activist Tatiana Elovaya was sentenced to 10 days imprisonment for manifesting her support in an April 3 demonstration outside the U.S. Embassy for the campaign to liberate Iraq. Several others, including 19-year-old Lyubov Kuchinskaya had served 10-day sentences earlier. Unfortunately, these are just some recent examples of a longstanding pattern of the Lukashenka regime's flouting of its OSCE commitments and continued disregard for the four OSCE criteria set forth three years ago by the Parliamentary Troika for Belarus.   Despite steps by the OSCE community, including the re-opening of the OSCE Office in Miensk (albeit under a more limited mandate), the seating of the National Assembly and the lifting of a visa ban, not only have reciprocal steps not been taken by the Belarusian authorities but the situation has indeed deteriorated further.   Earlier this year, I introduced H.R. 854, the Belarus Democracy Act, designed to assist the people of Belarus in regaining their freedom and enable them to join the European community of democracies. Key provisions of this Act also have been incorporated into the Foreign Relations Reauthorization bill. Mr. Speaker, the Lukashenka regime's continuing suppression of the longsuffering Belarusian people underscores the need for the Belarus Democracy Act and other efforts--including within the OSCE--to restore respect for human rights and institutions of democratic governance.

  • Arming Rogue Regimes: The Role of OSCE Participating States

    The hearing will consider the efforts to curb the spread of deadly weapons and related militarily significant technology and equipment to dangerous regimes around the world. Rather than focus on the efforts by these regimes to acquire the material, we want to examine the capacity and willingness of participating States in the OSCE to be their source. The end of the Cold War left some states, especially those of the former Warsaw Pact, with huge stockpiles of military hardware, while economic downturns made their military industries and research institutes desperate for funds. The United States has encouraged these countries to maintain tight control over surplus equipment and convert the factories into industrial production. Still, several countries remain vulnerable to the lure of responding to the demand, even from rogue states and regimes, for weapons of mass destruction, delivery system, and small arms or light weapons.

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