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.

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  • Status of the Russian Religious Law

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

  • Bosnia

    During this briefing, Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia has slow and challenging due to poor economic conditions and the continued displacement of certain populations. The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall - have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republica Srpska and the Bosnian Federation on said regions.  Paying attention to these differences, they state, is important in that the United States wants to support only those that successfully implement the Dayton Accords.

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

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

  • OSCE Human Dimension Implementation Meeting

    The purpose of this briefing, which Helsinki Commission Chief of Staff Michael Hathaway presided over, was to provide information to the public about the U.S.’s approach to the OSCE Human Dimension Implementation Meeting, as well as to hear from two highly respected non-governmental organizations regarding issues that they believed should have been taken up in Warsaw. At the point of the briefing, already established issues at Warsaw included freedom of religion, media, association on assembly, the prevention of torture, international humanitarian law, tolerance and non-discrimination, national minorities, and the plight of the Roma. The aim in mind was to encourage improved implementation of human dimension obligations by OSCE member states. Participants in this hearing included State Department Secretary Rudolph Perina, and Holly Cartner and Adrian Karatnycky with Human Rights Watch and Freedom House, respectively.

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

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

  • Russia’s Religion Law

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

  • Report on Human Rights and the Process of NATO Enlargement

    The Commission held a series of three public hearings on “Human Rights and the Process of NATO Enlargement” in anticipation of the summit of Heads of State and Governments of Member States of the North Atlantic Treaty Organization to be held in Madrid, Spain, on July 8 and 9, 1997. The emergence of new democracies in Central and Eastern Europe and the demise of the Warsaw Pact created a security vacuum in the territory between the current eastern frontier of NATO and the Russian border. The first attempt to address the new security realities in the region occurred at the end of 1991 with the establishment of NATO’s North Atlantic Cooperation Council (NACC) as a forum for the evolution of a new relationship based on constructive dialogue and cooperation. In early 1994, the Partnership for Peace (PfP) was launched with the aim of providing a practical program to transform the relationship between NATO and states participating in PfP, moving beyond dialogue and cooperation to forge a genuine security partnership. (All 27 states of the Partnership for Peace (PfP) are OSCE participating States.) Simultaneously, NATO began to consider the possibility of enlarging the Alliance. The result was the 1995 Study on NATO Enlargement which addressed practical steps and requirements candidates for membership would have to satisfy. In December 1996, NATO foreign ministers called for a NATO summit at which one or more countries that wanted to join NATO would be invited to begin accession negotiations. The U.S. Congress was instrumental in stimulating the debate through several legislative initiatives. The NATO Participation Act of 1994 (PL 103-447) provided a reasonable framework for addressing concerns about NATO enlargement, consistent with U.S. interests in ensuring stability in Europe. The law lists a variety of criteria, such as respect for democratic principles and human rights enshrined in the Helsinki Final Act, against which to evaluate the suitability of prospective candidates for NATO membership. The Act stipulates that participants in the PfP should be invited to become full NATO members if they... “remain committed to protecting the rights of all their citizens....” Under section 203, a program of assistance was established to provide designated emerging democracies with the tools necessary to facilitate their transition to full NATO membership. The NATO Enlargement Facilitation Act of 1996 (PL 104-208) included an unqualified statement that the protection and promotion of fundamental freedoms and human rights are integral aspects of genuine security. The law also makes clear that the human rights records of emerging democracies in Central and Eastern Europe interested in joining NATO should be evaluated in light of the obligations and commitments of these countries under the U.N. Charter, the Universal Declaration of Human Rights, and the Helsinki Final Act.  

  • The Current Situation in Croatia

    This briefing addressed the political situation in Croatia in the context of impending elections for offices at the municipal and county levels, as well as for seats in the Chamber of Counties of the Croatian Sabor, that would be an important step in the process of reintegrating Easter Slavonia. Some issues that had been noted during past election monitoring operations, such as problems with the development of the independent media, a lack of transparency in the electoral system, and a tendency for decisions to favor the ruling party, were discussed. Witnesses testifying at the briefing – including Jonas Rolett of the National Democratic Institute; Vesna Pusic, a professor for the University of Zagreb; Milbert Shin of Human Rights Watch; and Nenad Porges, Deputy Chief of Mission for the Croatian Embassy – evaluated the opportunity for improvement in the elections, and the role that nongovernmental organizations like NDI and Human Rights Watch would play in this process. Several tactics for improving the electoral process in Croatia, including strengthening political parties and providing neutral, accessible information, were topics of discussion.

  • The Future of Chechnya

    Former senatosr and commissionesr chaired this hearing, which focused on the efforts of the citizens in Chechnya to free themselves from Russian power. Russia’s “transgressions” against the Chechnyan populace entailed lack of recognition of international principles. More specifically, the 1994 OSCE Budapest Document, with which the Russians agreed, stipulates that each participating state will ensure that its armed forces are commanded in a way that is consistent with the provisions of international law. Moreover, even when force cannot be avoided, each state will ensure that its use must be commensurate with the needs.  At the time of this hearing, anywhere between 30,000 and 80,000 people had been killed because of the conflict in the territory, and tens of thousands of men, women, and children had been driven from their homes. In addition, there had been a cease-fire in Chechnya. However, the dangers had not recently ended.

  • Treaty on Conventional Armed Forces in Europe (CFE)

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

  • Religious Freedom in Russia

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

  • Political Turmoil in Serbia

    In this hearing, Rep. Chris Smith (NJ-04) discussed, with witnesses, the developments in Serbia and what opposition forces had to say about the future of the country. Witnesses present included Miodrag Perisic, co-founder and vice president of Serbia’s first political opposition party (the Democratic Party); Branislav Canak, the president of a confederation of independent trade unions that wanted to organize workers throughout Serbia (the Independents); Veran Matic, Editor-In-Chief of B92, Belgrade’s independent radio station; and Obrad Kesic, program specialist for the Professional Media Program at the International Research and Exchanges Board. More specifically, Smith and witnesses discussed popular unrest against Milosevic’s refusal to accept election results regarding the ruling Socialist Party and its allies, underscoring more general displeasure with the Serbian government’s track record regarding the economy, human rights, and a lack of confidence that Serbians’ children would have a democratic and prosperous future.  

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

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

  • The Current Situation in Belarus

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

  • Ex Post Facto Problems of the Czech Citizenship Law

    When the Czechoslovak Federal Republic dissolved on January 1, 1993, the newly independent Czech Republic adopted a citizenship law that provided citizenship to only some of the former Czechoslovak citizens then resident in the Czech Republic. An undetermined number of people, including long-term residents and even some people born in the Czech Republic, have been left stateless or with an unclear legal status. Almost all of these people belong to the Czech Republic's largest minority, Roma (Gypsies). As a consequence, this law has been heavily criticized at meetings of the Organization for Security and Cooperation in Europe. In particular, the law presents numerous and serious questions regarding its conformity with international standards, such as those relating to recognition before the law (the status of orphans), equal protection before the law (different requirements for citizenship established for different classes of former Czechoslovak citizens), the right to a fair hearing (lack of adequate hearing procedures and opportunities for appeal), and actual or arbitrary discrimination (original intent of the law). Non-governmental organizations in the Czech Republic and abroad have heavily criticized the law both as drafted and as applied. This memorandum examines one discrete aspect of the current Czech citizenship law: its conformity with the Czech Republic's international obligation to refrain from increasing criminal penalties after the crime in question was committed.

  • Serbia and Montenegro: The Prospects for Change

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

  • Russia’s Election: What Does It Mean?

    Rep. Chris Smith (NJ-04) and others discussed the outcome and the implications of the Russian presidential election of 1996, which, at the time of the hearing, had just happened. The winner of the election was Boris Yeltsin, who was re-elected with a margin of thirteen percentage points over Communist Party Chairman and challenger Zyuganov. The hearing also incorporated discussion concerning the conflict in Chechnya and the circumstances under which the election transpired (i.e., fairness, media coverage).

  • The Albanian Parliamentary Elections

    The May 1996 parliamentary elections in Albania were the third such elections in that country, which beforehand had by far the most repressive communist regime. It has also been the poorest country in Europe. In March 1991, only four months after political pluralism was tolerated in the country, the commu- nists (Socialist Party) won a majority and maintained control, relying on a less than adequately free and fair electoral process and lingering support in the countryside. In March 1992, the opposition Democratic Party led by Sali Berisha was better able to get the message out to a still traumatized population, and took power as the Socialists conceded. Since that time, there have been incredible economic and political reforms, although since 1994 shortcomings in democratic development seem less the result of the lack of understanding of concepts like the rule of law than more the overbearing nature of the Democratic Party's core leadership, especially after splits within the party led to the departure of some of its earlier leaders. The Democrats received a significant setback in November 1994 when popular resentment led to the defeat in a referendum of a new constitution for the country. The situation is exacerbated by an only partly reformed Socialist opposition, which has been inclined more to obstruct and provocate than anything else. The elections were for 140 seats in the unicameral Assembly, 115 of them contested on the basis of majority races in electoral zones, with second-round runoffs, and 25 on the basis of a proportional division of parties achieving at least 4 percent of the vote. This gave the electorate two votes, one for a specific candidate and one for a political party. Members of several opposition parties complained that the greater preference given to the majority system favored the ruling party, or larger parties which would only include the Socialists. Democratic Party leaders argued that this is not necessarily the case, and that the majority system permits direct contact between a candidate and a constituency, thus strengthening democratic development. From the viewpoint of the election observer, either system or combination thereof is legiti- mate as long as it was approved through democratic means. A recently adopted law -- called the Genocide Law -- and a commission established to implement it had an impact on the eligibility for candidacy. The law prohibited those who "collaborated" with the com- munist regime from holding office until 2002. Given the severity of the repression during the communist era, it is not surprising that such a prohibition would be popular, but the commission which made the decisions was under government control and did not act in a transparent matter. Indeed, some opposition members called it unconstitutional because it was acting as a court when it was not. A total of 139 people were declared ineligible to compete in the elections, 57 of whom appealed decisions, seven successfully. Only three of the 139 people prohibited came from the ruling party, although it was claimed that the Democratic Party had told people who would probably also have been prohibited not to run as a candidate in the first place. The campaign period began in April, allowing a reasonable amount of time for political parties to get their message across. In fact, as these elections were required by the expiration of the mandate of the previously elected Assembly, the political parties were generally preparing for the elections months before- hand. The print media in Albania is almost all completely biased in favor of one party or another, allowing all points of view to be expressed but with little objective analysis available. The broadcast media is state controlled and had a definite but not overwhelming bias in its coverage of the campaign. However, the election law stipulated time frames for each political party in the campaign to present itself to the voters on television, and this was advantageous to the party in power. Many of the political parties campaigned by holding mass rallies. Opposition parties complained that the police in some towns prevented party leaders from traveling to attend rallies, and the Socialists were denied the ability to hold a final rally on the central (Skenderbeg) square of the capital city, Tirana, because it would disrupt traffic. A Democratic Party rally, on the other hand, was permitted because it was technically scheduled as an official address by Sali Berisha as the Albanian President.

  • Russian Media in Light of Upcoming Elections

    This briefing examined the Russian media in light of the upcoming elections and also with reference towards Russia's obligations to permit and protect the free media in Russia in accordance to the Helsinki Final Act. The true state of the press in Russia and whether the Yeltsin regime is complying or even trying to comply with its internationally recognized obligations were topics of discussion. Witnesses testifying at the briefing – including Elena Masyuk, Reporter for NTV and Catherine Fitzpatrick, Program Coordinator of the Committee to Protect Journalists – illuminated the issues that journalists and the media in general had encountered in recent years, including government sponsored threats and deprivation of accreditation. The Committee to Protect Journalists, in particular, voiced its concerns about the restrictive and even deadly conditions in the Russian republic of Chechnya.

  • Report: US Helsinki Commission Delegation to Georgia and Azerbaijan

    From April 22-26, 1996, Commission staff attended, along with 30 media professionals, the International Conference on Conflict in Trans-Caucasus [sic] and the Role of Mass Media, held in Kobuleti, Ajaria (an Autonomous Republic in Georgia). The conferences organizers were the OSCE Office of Democratic Institu- tions and Human Rights (ODIHR), the OSCE Mission to Georgia, the Council of Europe and the Tbilisi-based Black Sea Press Information Agency. The project was co-sponsored by the U.S. Agency for International Development, through the Eurasia Foundation. Participants came from Baku, Tskhinvali (South Ossetia), Stepanakert (Nagorno-Karabakh), Tbilisi and Yerevan. Organized by the ODIHR as a follow-up to the 1995 Human Dimension Implementation Review Meeting in Warsaw, the conference was one in a series on the role of the media in conflict situations and in systems undergoing the transition from communism. The stated aim of these conferences is to develop aware- ness of and working recommendations for the journalists working in conflict regions on the role the media can play in preventing and resolving conflicts. A secondary goal is to give journalists from states or regions in conflict the opportunity to meet, discuss common problems and establish personal contacts to promote the exchange of information. Other scheduled conferences examine the role of the media in the former Yugoslavia (June 1996) and the situation of the media in Uzbekistan (October 1996). One important reason conference organizers chose Kobuleti was that Ajaria has managed to avoid the destruction and disruption visited upon the rest of Georgia in the last several years by ethnic conflicts and by gangs of marauding criminals associated with various paramilitary groups. Under the iron grip of Aslan Abashidze, the Chairman of Ajarias Supreme Soviet, Ajaria has been relatively calm, and has taken in refugees from Georgias ethnic-separatist conflicts in Abkhazia and South Ossetia. Since these conflicts are technically unre- solved, Tbilisi, the capital, would have been problematic for Abkhaz and South Ossetians, whereas Ajaria seemed a more neutral site.

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