Title

THE NEW AND IMPROVED SUPREME SOVIET AND THE INSTITUTIONALIZATION OF HUMAN RIGHTS REFORM

Tuesday, November 28, 1989
10:20am
138 Dirksen Senate Office Building
Washington, DC 20002
United States
Members: 
Name: 
Hon. Dennis DeConcini
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Steny Hoyer
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Chris Smith
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. John Porter
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Frank Wolf
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Richard Schifter
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Fyodor Burlatkiy
Title: 
Chairman of the Subcommittee on Humanitarian, Scientific, and Cultural Cooperation of the International Affairs Committee
Body: 
Supreme Soviet
Name: 
Louise Shelley
Title: 
Chairperson/Professor/Consultant
Body: 
American University Department of Justice, Law, and Society/School of International Service/Helsinki Watch
Name: 
Aleksei Ridiger
Title: 
Member/President
Body: 
Supreme Soviet Metropoliat of Leningrad/Church Association in Europe

The hearing looked into the role of the Supreme Soviet in promulgating and institutionalizing human rights in the Soviet Union. Our Soviet guest today was Mr. Fyodor Burlatskiy who gave testimony alongside Louise Shelley, consultant to the Helsinki Watch on issues of Soviet law. This briefing was a follow-up to talks in Moscow in November of 1988.

Relevant countries: 
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We believe that the proposed changes to the constitution and the means for adopting them will undermine your government’s international obligations to protect democracy and human rights. By lengthening presidential terms and expanding presidential authorities, the proposed constitutional changes are susceptible to abuse that would entrench political authority, making it less responsive to the will of the Azerbaijani people. We are especially troubled by amendments that would restrict fundamental rights that are vital to open public debate and government accountability. Shortly following independence, the Government of Azerbaijan in 1992 joined the Organization for Security and Cooperation in Europe (OSCE) thereby expressing its commitment to the protection of fundamental rights and freedoms as one of the basic purposes of government. We regret that in the years hence Azerbaijan's human rights record fails to reflect this commitment. Time and again, the credibility of Azerbaijani elections has been marred by credible reports of ballot stuffing and irregularities with vote counting, as well as limitations on freedom of expression and freedom of association. These troubling precedents motivate our concern about the upcoming referendum. If successful, the vote would change the constitution to extend the presidential term from five to seven years, remove the age limits for holding elected office, provide immunity for vice presidents, allow the president to dissolve the national assembly and call early elections, as well as reorganize the presidential line of succession. Additionally, it would subject fundamental rights to vaguely worded restrictions, circumscribing freedom of expression when it provokes “hostility,” freedom of assembly when it “disrupt[s]…public morale,” and property rights when they violate “social justice and effective use.” We are deeply concerned that Azerbaijani voters are being asked to consider such consequential changes to Azerbaijan’s constitutional framework in a climate that makes free debate all but impossible. In recent days, it has been reliably reported that a number of political activists campaigning against the referendum and several journalists have been detained on trumped-up charges and some have faced mistreatment and torture at the hands of authorities. Even before the latest round of arrests and intimidation, half a dozen journalists were already in jail, Radio Free Europe/Radio Liberty has remained closed since December 2014, and other independent journalists and media outlets faced official harassment. The upcoming referendum creates a grave crisis of legitimacy. Neither the international community nor the Azerbaijani people can have confidence in a vote that takes place without free access to information, open debate, and transparency. That the Azerbaijani people are being asked to vote on measures that erode democratic principles makes the situation even more unacceptable. We urge you to reconsider this constitutional referendum and to re-invigorate your government’s flagging commitment to promote the freedom and dignity of its people by ceasing all harassment and proceedings that target political activists and journalists who peacefully express their visions for Azerbaijan. We are inspired by the example of these brave voices and hope that your government will recognize that Azerbaijan’s strength and stability derives from the liberty of its people. Sincerely, Christopher H. Smith Member of Congress Joseph R. Pitts Member of Congress Adam B. Schiff Member of Congress           

  • Five Years of the Transatlantic Inclusion Leaders Network

    2016 marks the fifth anniversary of the Transatlantic Inclusion Leaders Network (TILN), an innovative project of the U.S. Helsinki Commission, in cooperation with the U.S. State Department, German Marshall Fund, and other stakeholders that prepares diverse, young leaders with a global outlook. TILN bridges the transatlantic divide between the U.S. and Europe by annually bringing together driven individuals from a range of political backgrounds for a week-long workshop focused on inclusive leadership. Workshops take place in European cities ranging from Copenhagen to Brussels to Turin – allowing participants to immerse themselves in international policy-making at national and regional levels.  Participants engage with public and private sector figures while shaping their personal missions and strengthening leadership skills to support careers in public service and transformative initiatives that will promote more equitable societies.  The TILN project already boasts an impressive list of alumni, including U.S. Congressman Ruben Gallego, Swedish Parliamentarian Said Abdu, UN Expert on Minority Issues Rita Iszak, and other Parliamentarians, Ministers, Mayors, City Councilpersons, regional and local leaders. During its five-year history, TILN annual workshops have highlighted issues of special interest to the US Helsinki Commission from the ongoing struggle to realize Roma and migrant rights to racism, anti-Semitism, and religious discrimination.  Additionally, many TILN alumni support innovative initiatives that promote equality and inclusion in their home countries through alumni Action Grants that allow former participants to maintain their connections, further the work of multinational inclusion, and maximize the impact of collective action. For example, former German and Dutch participants have launched national inclusive leadership programs inspired by TILN. The German “Network Inclusive Leaders” program (NILE), created by Gabriele Gün Tank and Daniel Gyamerah of the TILN class of 2013, is a week-long seminar that provides 20 diverse young adults with an opportunity to engage with German political leaders, academics, artists, and others on anti-racism and anti-discrimination efforts. Following the 2016 TILN event, Dutch alumni Mpanzu Bamenga and Kamran Ullah – along with GMF’s Marshall Memorial Fellows Ahmed Larouz and Mei Ling Liem – launched the “Inclusion Leaders Network” in Amsterdam, the Netherlands. The event successfully brought together more than 40 community and political leaders from different parties and sectors to discuss tools and strategies to increase inclusion in political, economic, and education sectors. Both the NILE and the Inclusive Leadership Network have enjoyed the support of the U.S. Helsinki Commission, State Department, GMF, and other stakeholders. Hosted by Helsinki Commissioner Representative Alcee L. Hastings, TILN experts and alumni Simon Woolley, Assita Kanko, Gabriele Gün Tank, and David Mark also attended the 2014 three-day Quad Caucus meeting of the National Black Caucus of State Legislators (NBCSL), the National Asian Pacific Caucus of State Legislators (NAPACSL), the National Caucus of Native American State Legislators (NCNASAL), and the National Hispanic Caucus of State Legislators (NHCSL) in the United States.  In his opening remarks to the Quad Caucus, Commissioner Hastings highlighted the importance of inclusive and representative governance in all countries.  The TILN delegation followed with a panel discussion on the similarity between the U.S. and Europe on experiences of Roma, Muslim, Afro-descent, and other diverse communities, leading to support for joint U.S.-Europe partnerships and initiatives from members of the Quad Caucus. As a result of these meetings, the TILN alumni network was able to organize a speaking tour in Germany for Ajenai Clemmons of NBCSL – a 2015 TILN participant – to share the U.S. minority caucus model in Germany. The momentum of the Quad Caucus also advanced development of anti-discrimination legislation authored by TILN alumni Mpanzu Bamenga in the Netherlands, which was later adopted by Eindhoven City Council. The U.S. Helsinki Commission congratulates TILN on five successful years, and looks forward to witnessing further fruits of the Network as alumni continue to advance inclusive policymaking, thought, and leadership in our societies.

  • President Erdogan's Assault on the Human Rights of the Turkish People

    Mr. SMITH of New Jersey. Mr. Speaker, I rise to remind our government that the human rights abuses committed by Turkish President Erdogan are grave and ongoing, and to distinguish between the Turkish president and the Turkish people--and to stand with the people. President Recep Tayyip Erdogan has in recent years been aggressively violating the human rights of Turkish citizens and undermining the rule of law, in order to root out dissent and consolidate his personal power. The freedom of the press and the rights of common citizens to run schools, businesses, and volunteer associations have come under direct threat. Since assuming the presidency two years ago, President Erdogan has undermined the independence of the judiciary, jeopardizing access to a fair trial and undercutting government accountability. In 2014, he worked to stack the country's High Council of Judges and Prosecutors with party loyalists, enabling his government to ease arrest procedures and curtail opportunities for appeal. This facilitated the detention of thousands of activists, journalists, and businessmen under the country's overbroad terrorism statute. The President has exploited his growing leverage over the courts: his government's reshuffling last month of 3,700 judges and prosecutors rewarded pliant members of the judiciary while punishing others who ruled against the government or heard cases involving official corruption. A law passed earlier this month dismissed most of the judges on Turkey's highest courts, leaving it up to the High Council of Judges and Prosecutors to reappoint them or pick their successors. Mr. Speaker, in addition to undermining government institutions, President Erdogan's tightening grip on Turkey is also weakening the vitality of Turkish society. Under President Erdogan's direction, state authorities are undertaking a campaign of retribution against Erdogan's critics. Since Erdogan assumed the presidency in 2014, the government has opened nearly 2,000 cases against people suspected of “insulting the president” – a crime in Turkey. Professional journalists and major news outlets in particular have incurred the wrath of the President. For reporting that is unflattering to Erdogan, whether on national security issues, the conflict with the Kurds, or official corruption, press outlets have been charged with “supporting terrorism” or have had their entire operations taken over by government-appointed trustees. In one of the most egregious examples, Turkish authorities in March raided the offices of the nation's highest-circulation newspaper, Zaman, and overnight placed it under hand-picked, pro-government management. Mr. Speaker, President Erdogan has taken to politicizing the charge of “supporting terrorism”--undermining the serious business of fighting terrorism, one of the gravest threats faced by the Turkish people. One persistent critic of Erdogan's centralization agenda and authoritarian tendencies is Fethullah Gulen, the founder of Hizmet, a moderate, Islamic civic movement dedicated to promoting education, popular piety, and civic engagement. Because of this criticism, Hizmet and its followers have suffered wave after wave of unfounded terrorism charges and forcible government seizures of businesses, universities, and schools. In May, the Turkish Cabinet approved a decision to designate Hizmet a “terrorist organization,” guaranteeing that this campaign of political retribution will continue. Gulen's followers have been placed in the crosshairs of the very arbitrary policies they criticize. Yet neither our State Department, nor the European Union, nor any other respected body outside Turkey, has ever characterized Hizmet as a terrorist group or anything like it--the Cabinet's designation is absurd. Mr. Speaker, in recent months, the Turkish people have been struck by a wave of violent attacks perpetrated by Islamist and Kurdish terrorists--most recently, a triple-suicide attack at Istanbul's international airport by Islamist extremists killed 44 innocent civilians. Our thoughts and prayers go out to all those maimed in these attacks, to all those who lost beloved family and friends. I am confident that the Turkish people--for centuries renowned for their bravery--will never be cowed by terrorists, and that they will equally resist President Erdogan's attempt to undermine their rights, laws, and freedoms. Our government should stand with the Turkish people on both fronts.

  • U.S. Delegation to OSCE PA Drives International Action against Human Trafficking, Discrimination, and Anti-Semitism

    WASHINGTON—Seven members of Congress traveled to the OSCE Parliamentary Assembly (OSCE PA) Annual Session in Tbilisi, Georgia last week to demonstrate the U.S. commitment to the principles of the Helsinki Final Act, including respect for human rights and fundamental freedoms. At the Annual Session, which brought together nearly 300 parliamentarians from 54 of the 57 OSCE participating States, the U.S. lawmakers introduced several successful resolutions and amendments targeting current challenges facing the OSCE region, ranging from human trafficking to discrimination and anti-Semitism to the abuse of Interpol mechanisms to target political opponents and activists. The delegation included Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Co-Chairman Sen. Roger Wicker (MS), Commissioner Rep. Robert Aderholt (AL-04), Commissioner Rep. Randy Hultgren (IL-14), Rep. Mike Fitzpatrick (PA-08), Rep. Richard Hudson (NC-08), and Rep. David Schweikert (AZ-06). Rep. Aderholt currently serves as a vice-president of the OSCE PA, while Sen. Wicker was re-elected to a third term as chair of the OSCE PA Committee on Political Affairs and Security, also known as the First Committee, during the annual meeting. Chairman Smith led international lawmakers in battling international human trafficking and child sex tourism through a successful resolution calling on all OSCE participating States to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. Chairman Smith, who serves as the OSCE PA Special Representative on Human Trafficking Issues, also hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. A second U.S. resolution, authored by OSCE PA Special Representative for Anti-Semitism, Racism and Intolerance and Helsinki Commission Ranking Sen. Ben Cardin (MD), called for action against the anti-Semitic and racist violence sweeping across North America and Europe. The resolution, which passed overwhelmingly, urged members of the OSCE to develop a plan of action to implement its long-standing body of tolerance and non-discrimination agreements, called for international efforts to address racial profiling, and offered support for increased efforts by political leaders to stem the tide of hate across the region. The resolution was fielded by Commissioner Hultgren. Chairman Smith also called on participating States to more effectively prevent and combat violence against European Jewish communities through the introduction of two amendments to the resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in anti-Semitic attacks in the region, while the second encouraged participating States to formally recognize and partner with Jewish community groups. Responding the abuse of Interpol systems for politically motivated harassment by Russia and other members of the OSCE, Co-Chairman Wicker authored a successful amendment to the First Committee resolution, which called on participating States to stop the inappropriate placement of Red Notices and encouraged Interpol to implement mechanisms preventing politically motivated abuse of its legitimate services. The amendment was fielded by Rep. Hudson. During the Annual Session, members of the delegation also offered strong support for important resolutions fielded by other countries, including one by Ukraine on human rights in illegally occupied Crimea and another on the 30th anniversary of the Chernobyl nuclear accident. They voted for a highly relevant resolution on combating corruption fielded by Sweden, and helped to defeat a Russian resolution attacking the Baltic States, Poland and Ukraine in the context of combating neo-Nazism.  U.S. delegates indicated their support for the work of attending Azerbaijani human rights activists, and met with attending members of the Israeli Knesset.  While in Tbilisi, the group also met with several high-ranking Georgian officials, including Prime Minister Giorgi Kvirikashvili; Tedo Japaridze, Chairman of the Foreign Relations Committee, Parliament of Georgia; Mikheil Janelidze, Georgian Minister of Foreign Affairs; and David Bakradze, Georgian Minister of European and Euro-Atlantic Integration.

  • Chairman Smith Leads International Legislators against Human Trafficking, Child Sex Tourism

    WASHINGTON—The OSCE Parliamentary Assembly passed a resolution authored by Helsinki Commission Chairman Rep. Chris Smith (NJ-04) against international human trafficking and child sex tourism. The resolution was passed at the 2016 annual session of the OSCE Parliamentary Assembly (OSCE PA), and has an agenda-setting effect for the 57-member intergovernmental organization. Smith, who leads the U.S. Delegation to this year’s OSCE PA Annual Session, introduced a resolution calling on all OSCE participating States to work with the private sector and civil society to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists.  The resolution also urges all OSCE participating States to enact laws allowing them to prosecute their citizens and legal permanent residents for child sexual exploitation committed abroad, and to strengthen international law enforcement cooperation to ensure that nations know about travel by convicted pedophiles prior to their arrival. “More children than ever before are being exploited – child sex tourism is soaring while protection lags,” said Chairman Smith. “We must work together to protect children from convicted pedophiles and opportunistic predators who exploit local children with impunity during their travels abroad. Prevention and prosecution should go hand in hand.” In addition to introducing the SECTT resolution, Chairman Smith hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. “Child predators thrive on secrecy – a secrecy that allows them to commit heinous crimes against the weakest and most vulnerable,” said Chairman Smith.  “Recent changes in the laws of the United States and partner countries are putting child predators on the radar when they travel internationally, but much remains to be done.” Chairman Smith has served as OSCE PA Special Representative on Human Trafficking Issues since 2004. His efforts to raise the profile of the human trafficking problem in the OSCE region are reflected in the 2013 Addendum to the OSCE Plan of Action to Combat Trafficking in Human Beings, and have prompted other parliamentarians to take the lead in addressing human trafficking in their respective capitals. Chairman Smith first raised the issue of human trafficking at the 1999 St. Petersburg Annual Session, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.

  • Senator Wicker Re-Elected as Head of OSCE Parliamentary Assembly First Committee

    TBILISI, Georgia—Senator Roger Wicker, Co-Chairman of the U.S. Helsinki Commission, has been reelected as Chairman of the OSCE Parliamentary Assembly (OSCE PA) Committee on Political Affairs and Security – known as the First Committee – at the group’s 25th Annual Session. “I am honored to be re-elected by my fellow parliamentarians as Chairman of the First Committee. I look forward to continuing our work to address critical security challenges in Europe, Russian aggression against Ukraine, and the scourge of international terrorism. This Committee serves as a key avenue for constructive dialogue and action that can benefit the entire OSCE region,” Senator Wicker said. First elected as First Committee Chairman in November 2014, Senator Wicker will continue to focus on sustaining a productive dialogue about security and ensuring compliance with international commitments. “Chairman Wicker has shown tremendous dedication to the urgent causes of peace and security in Europe, Eurasia and beyond. He is a constant advocate for the importance of U.S. leadership in finding solutions in the OSCE space,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who led the U.S. Delegation to the OSCE PA Annual Session. Wicker’s election capped off several days of Committee meetings, where he led the Committee on Political Affairs and Security as the group debated, amended, and passed seven resolutions related to international terrorism and security challenges in Ukraine, Georgia, and Moldova, among other pressing issues on the OSCE agenda. The Organization for Security and Cooperation in Europe (OSCE) comprises 57 countries. It addresses a wide range of security-related concerns, including arms control, confidence- and security-building measures, human rights, national minorities, democratization, policing strategies, counter-terrorism, economic, and environmental activities.

  • Chairman Smith Champions Improved Security for European Jewish Communities at Annual Meeting of OSCE Parliamentarians

    WASHINGTON—At the 2016 OSCE Parliamentary Assembly (OSCE PA) Annual Session, meeting in Tbilisi, Georgia this week, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today called on participating States to more effectively prevent and combat violence against European Jewish communities in the face of increasing anti-Semitic violence in the region. “Violent anti-Semitic attacks are on the rise in several European countries – and there is a lot more we can do to stop it,” said Chairman Smith, who led the U.S. delegation to the event. “European police and security forces should be partnering with Jewish community security groups, and the United States government should be working with the European governments to encourage this. The terrorist threat to European Jewish communities is more deadly than ever. We must act to prevent a repeat of the horrific massacres of Paris and Copenhagen.”  Chairman Smith offered two amendments to the draft resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in frequency, scope, and severity of anti-Semitic attacks in the OSCE region, while the second called on participating States to formally recognize and partner with Jewish community groups to strengthen crisis prevention, preparedness, mitigation, and responses related to anti-Semitic attacks. Both amendments reflect consultations with and requests from European Jewish communities. Chairman Smith has a long record as a leader in the fight against anti-Semitism.  He co-chairs the Bipartisan Task Force for Combating Anti-Semitism in the U.S. House of Representatives and authored the provisions of the U.S. Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department. In 2015, he authored House Resolution 354, a blueprint for strengthening the safety and security of European Jewish communities. Following his landmark 2002 hearing on combating the escalation of anti-Semitic violence in Europe, “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the OSCE agenda. As part of this effort he authored supplemental resolutions on combating anti-Semitism, which were adopted at the 2002, 2003, and 2004 Annual Sessions of the OSCE PA. In 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism. Chairman Smith is a founding member of the the Inter-Parliamentary Coalition for Combating Anti-Semitism (ICCA), where he also serves on the steering committee. In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.”

  • Chairman Smith Sends Strong Message of Support to Poland Ahead of NATO Summit in Warsaw

    WASHINGTON—Ahead of the upcoming NATO summit in Warsaw, Helsinki Commission Chairman Rep. Chris Smith (NJ-04) is sending a strong message of support to Poland and other Allies on NATO’s eastern border. “In the face of ongoing Russian aggression, the United States must ramp up its commitment to the security of Poland and our other Allies in the region,” said Chairman Smith. “Russia’s intolerable actions – ranging from military incursions into Georgia and Ukraine, to the threatened use of tactical nuclear weapons, to the abandonment of key transparency measures – are attempts to strike at the very foundation of the European security order.” “This year’s Summit – hosted by a staunch eastern flank Ally that not only contributes troops to NATO operations and hosts NATO facilities, but also devotes the benchmark 2 percent of GDP to defense – comes at a critical moment for European security,” he continued. Chairman Smith, who also co-chairs the Congressional Caucus on Poland, led members in organizing a June 27 letter urging President Obama to ensure that NATO meets the needs of Allies in Eastern Europe in an increasingly hostile and uncertain security environment. The letter was signed by Congressional Caucus on Poland Co-Chairs Rep. Dan Lipinski (IL-03), Rep. Marcy Kaptur (OH-09), and Rep. Tim Murphy (PA-18), as well as Rep. Jan Schakowsky (IL-09), Rep. Dan Donovan (NY-11), Rep. Debbie Dingell (MI-12), Rep. Trent Franks (AZ-02), Rep. Mike Quigley (IL-05), and Rep. Brian Higgins (NY-26).  In April 2016, Chairman Smith also signed a letter supporting funding for the European Reassurance Initiative, which demonstrates the U.S commitment to the security of NATO Allies in the face of Russia’s destabilizing foreign policy. On June 23, the Helsinki Commission held a public briefing titled “NATO’s Warsaw Summit and the Future of European Security.” Panelists – including representatives from NATO, the Embassy of Poland, and the Center for Transatlantic Relations at the Johns Hopkins University – commented on the need for a stronger U.S. security commitment to Poland and other NATO Allies.

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