Title

Ongoing Human Rights and Security Violations in Russian-Occupied Crimea

Thursday, November 10, 2016
2:00pm
B-318 Rayburn House Office Building
Washington, DC 20002
United States
Moderator(s): 
Name: 
Orest Deychakiwsky
Title Text: 
Policy Advisor
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Oksana Shulyar
Body: 
Embassy of Ukraine to the United States
Name: 
John E. Herbst
Title: 
Director
Body: 
Dinu Patriciu Eurasia Center at the Atlantic Council; former U.S. Ambassador to Ukraine
Name: 
Taras Berezovets
Title: 
Founder
Body: 
Free Crimea Project, Kyiv, Ukraine
Name: 
Paul A. Goble
Title: 
Editor and Professor
Body: 
Windows on Eurasia and the Institute of World Politics

In Russia’s ongoing illegal occupation of the Ukrainian region of Crimea, occupying authorities persistently and egregiously violate the human rights of those perceived to oppose Russian annexation of this Ukrainian territory, especially Crimean Tatars.  At the same time, with Russia’s militarization of the peninsula, the security situation in the surrounding Black Sea region is becoming increasingly perilous. The situation in Crimea is bleak, and continues to deteriorate both from a democracy and human rights viewpoint, as well as a security standpoint. 

The experts at this briefing examined the current state of affairs in the region in the face of Russian aggression, analyzed the response of the international community, and discussed how – 40 years after the Ukrainian Helsinki Monitoring Group was formed to monitor the Soviet Government’s compliance with the Helsinki Final Act – Ukrainians continue to defend Helsinki principles in the face of violations by Moscow.

Helsinki Commission staff member Orest Deychakiwsky opened the briefing with a brief introduction on the current situation in Crimea. Mr. Deychakiwsky noted that this important briefing took place on the 40th anniversary of the founding of the Ukrainian Helsinki Monitoring Group in November of 1976. Ms. Shulyar and Mr. Berezovets both spoke on the illegality of the Russian occupation of Crimea and the flagrant human rights violations that have been perpetrated by Russian forces against the people of Crimea. Ambassador Herbst then spoke on the political and security challenges facing the West in regards to the situation in Crimea. Finally, Mr. Goble spoke on the challenges to the international system that Putin’s aggression in Crimea and Ukraine represents. All participants stressed the necessity for continued U.S. involvement in Ukraine to counter Russian aggression and to uphold the principles of the OSCE. 

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  • Hearing Focuses on Russian-Chechen War

    The United States Helsinki Commission conducted a hearing on the latest developments in the conflict in Chechnya on May 9, 2002. Commissioner Rep. Robert B. Aderholt (R-AL) chaired the hearing. Commissioners Rep. Joseph R. Pitts (R-PA) and Rep. Alcee L. Hastings (D-FL) also participated. Testifying before the Commission were Steven Pifer, Deputy Assistant Secretary for European and Eurasian Affairs at the U.S. Department of State; Ms. Aset Chadaeva, a pediatric nurse and former resident of Chechnya; Andrei Babitsky, Radio Liberty correspondent and author of Undesirable Witness; and Anatol Lieven, Senior Associate at the Carnegie Endowment for International Peace. “The United States Government is committed to doing all that we can to bring about an end to this conflict and to relieve the suffering of the civilian population,” testified Secretary Pifer. He asserted that the issue of Chechnya has been raised frequently by U.S. government officials with their counterparts, and President George W. Bush discussed it with President Vladimir Putin last November. “We anticipate it will come up at the summit in Moscow and St. Petersburg in two weeks,” Pifer said. “We seek a political settlement that will end the fighting, promote reconciliation, and recognize the territorial integrity of the Russian Federation [as well as] accountability for human rights abuses committed by all sides, and unimpeded access to the displaced by humanitarian organizations,” Pifer elaborated. Referring to U.S. concern about links of some Chechen forces with international terrorist groups, Secretary Pifer stated that the United States Government has called on Chechen President Aslan Maskhadov and other moderate Chechens to disassociate themselves from terrorists. On this point, Pifer noted the United States Government’s efforts to train and equip Georgian military units to deal with terrorist elements in the Pankisi Gorge adjacent to Chechnya’s southern border. Pifer testified that the United States has been the largest single provider of humanitarian aid to the North Caucasus. Since 1999 the U.S. Government has contributed more than 30 million dollars to relieve war-related suffering in the region. Ms. Chadaeva presented gripping testimony based on her work as a nurse in the Chechen town of Aldi on February 5, 2000, when Russian contract soldiers conducted a “cleansing operation” that left sixty civilians dead. “They threw grenades into basements where people were hiding,” Chadaeva said. “They executed unarmed men, women, old people and children. The victims ranged in age from a one-year-old baby to an eighty-two-year-old woman. They killed a woman who was eight months pregnant and her one-year-old son. All my patients who had been wounded during the bombings, who were getting well, were killed and their bodies burned.” Asked if the soldiers intended to kill their victims or if the casualties were the result of random grenades, Chadaeva replied, “these people were killed by being shot in the head...the soldiers knew exactly whom they were killing.” Concluding her description of wanton killing of Chechen civilians by Russian forces, Ms. Chadaeva asked “Is it really necessary to have millions of victims to call such behavior genocide? Isn’t the death of 100,000 Chechens since 1994 in the two Russian-Chechen wars sufficient reason for effective international action to end the conflict and the agony of the Chechen people?” Andrei Babitsky briefly described the fate of people killed for unknown reasons in Chechnya their bodies found bearing signs of torture. They were killed, he said, “as part of the anarchy and arbitrary rule which is now the order of the day in Chechnya.” The Radio Liberty correspondent then described the efforts made by Russian authorities, to prevent information about the war, especially human rights violations and atrocities against non-combatants, from reaching the general public. Moscow had succeeded in creating a “ghetto” of the war zone, he asserted, “shut off from the sight and influence of the outside world.” The main issue, Babitsky contended, is not how individual Russian journalists view the war. Most reporters agree with the official position that Moscow is waging an “anti-terrorist” and “anti-separatist” operation. “The main issue is that the Russian military and the Kremlin have banned reports on killings, torture and kidnaping of civilians by the Russian military,” Babitsky said. “The lack of information about Chechnya is one of the most effective ways to create a situation in which killers and kidnappers in epaulets can operate without legal accountability.” Regarding assertions by Moscow of Chechen involvement with Al Qaeda and the Taliban, Babitsky noted that during a recent visit to Afghanistan, neither he nor other Russian journalists found any Chechen fighters, despite a concerted search. Anatol Lieven observed that the United States now recognizes the presence of international Islamic militant forces in Chechnya and Georgia, whereas earlier, “this was downplayed or even ignored altogether by wide sections of U.S. officialdom, the media and public opinion.” The prevention or elimination of lawless areas and quasi-states in the Muslim world – of which Chechnya between 1996 and 1999 was one – is now recognized as a vital U.S. national interest, since such areas can all too easily become safe havens for Al Qaeda or allied groups,” Lieven continued. Nevertheless, Lieven stated, “while extremists and terrorists have established a strong presence in Chechnya, they have been able to do so because of the legitimate grievances and the great suffering of the Chechen people...The initial appearance of these forces – as in Afghanistan – was due to the brutal Russian military intervention of 1994-96; and the way in which they were able to carve out a powerful position for themselves in 1996-99 owed an enormous amount to the destruction, brutalization, and radicalization left behind by that war.” Summing up, Lieven suggested that U.S. goals should be the destruction or exclusion of the radicals followed by a sharp reduction of the Russian military presence, free elections for a Chechen administration, and the restoration of autonomy. However, he concluded, “before it can embark on any such path the U.S. needs to think very seriously about the correct balance between sympathy for Chechen suffering, respect for Russian security and sovereignty, and America’s own vital interests in this region, in the context of the wider war against terrorism.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s Internet web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Developments in the Chechen Conflict

    Since renewal of the Chechen war in late 1999, the conflict has been characterized by brutality and violations of human rights on both sides, especially on the part of the Russian military with its greater firepower. Hundreds of Chechens, especially males of military age, have been killed or have disappeared as a result of Russian military “sweeps.” An estimated 150,000 – 200,000 civilians have been forced to relocate to neighboring refugee camps. Moscow contends that the war in Chechnya is an integral part of the war against international terrorism, and the U.S. Government has confirmed links between some insurgents in Chechnya and “various terrorist organizations and mujahidin.” The U.S. Government has called upon Chechnya’s leadership to “immediately and unconditionally cut all contacts with international terrorist groups,” while calling for “accountability for human rights violations on all sides” and a political solution to the conflict.

  • International Cooperation In The War On Terrorism

    Sen. Ben Nighthorse Campbell, Rep. Chris Smith, and witnesses discussed the OSCE’s efforts to coordinate counter-terrorism activities among its 55 member states, along with the level that these states are fulfilling their commitments to comply in the fight against terrorist activities and organizations. More specifically, the hearing focused on the financial and diplomatic dimensions of the war on terrorism, along with the European Union’s role in its efforts to fight terrorism in the OSCE region and the world over. This hearing took place with the recent U.S.-EU counter terrorism cooperation summit in mind.

  • Georgian Government Complicity in Mob Violence against Minority Religious Groups

    By H. Knox Thames, CSCE Counsel Over the past two years, mob violence against minority religious groups has plagued the Republic of Georgia, a participating State in the Organization for Security and Cooperation in Europe (OSCE) since 1992. A country of five million people, Georgia has seen more than its share of sectarian violence, as individuals propagating religious chauvinism conduct a campaign of brutality against other religious communities. Adding to this, police units have reportedly participated in violence against minority religious groups, or have failed to respond to attacks in an adequate fashion. As a result, a number of minority religious communities remain at risk in Georgia today as depredations continue with impunity. As an OSCE participating State, Georgia pledged to uphold freedom of thought, conscience, and religion or belief for all individuals, without distinction. As stated in the 1983 Madrid Concluding Document, participating States “agree to take the action necessary to ensure the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” Since 1999, organized mob brutality against minority religious groups has gradually escalated, with the Jehovah’s Witnesses being a repeated target. As stated by the Department of State’s 2001 International Religious Freedom Report, local “police and security officials at times harassed nontraditional religious minority groups and were complicit or failed to respond to attacks by Orthodox extremists against Jehovah’s Witnesses and other nontraditional religious minorities.” Despite the inability of Georgian authorities to incarcerate the perpetrators, the 1995 Georgian Constitution does guarantee protection. Despite constitutional protections, over the past two years, approximately 80 attacks against Jehovah’s Witnesses have taken place, mostly led by Vasili Mkalavishvili, a defrocked Georgian Orthodox priest, and Paata Bluashvili, the director of the Orthodox “Jvari” Union. While victims have filed more than 700 criminal complaints, the authorities have not responded, leaving the perpetrators free to repeat their attacks. Reports give startling examples of individuals being dragged by their hair into a group, only to be pummeled with punches, kicks and clubs. Buses taking Jehovah’s Witnesses to various events have been stopped by police, and then attacked by Mkalavishvili’s and Bluashvili’s mob. In September 2001, Bluashvili led an attack during a Jehovah’s Witness religious service, with some of his militants brandishing firearms. In addition, Mkalavishvili, viewing himself as a pugilist defending Georgian Christianity, reportedly declared Jehovah’s Witnesses “should be shot, we must annihilate them.” Soon thereafter, with the violence steadily increasing and the government declining to intervene, Jehovah’s Witnesses conducted their activities in private, and for four months no violence occurred. However, in April of this year, that calm was shattered when Mkalavishvili’s and Bluashvili’s mob attacked on two separate occasions private homes that were hosting meetings. Considering the brutality Mkalavishvili and Bluashvili have displayed, it is astonishing that to date no fatalities have occurred. While the Jehovah’s Witnesses have borne the brunt of these attacks, other minority religious communities have also suffered under this vigilantism. Last year, during choir practice of a Pentecostal church, Mkalavishvili’s militants raided the building, seriously injuring twelve church members. A mob exceeding 100 hooligans targeted an Evangelical church two days before Christmas 2001, clubbing members and stealing property. In February of this year, Mkalavishvili’s mob tried to raze a warehouse owned by the Baptist Union, burning Bibles and religious materials. Mkalavishvili organized approximately 150 followers in three buses to accomplish this goal. In addition, Mkalavishvili has targeted the offices of government ombudswoman Nana Devdariani, the Tbilisi based NGO Liberty Institute, and the Rezonansi newspaper. The police have consistently refused to restrain the attackers, with only a few exceptions to note. Unfortunately, the judicial system has proven equally inept. On January 25th, prosecutors commenced legal proceedings against Mkalavishvili and one of his lieutenants for two mob attacks, although the minor charges brought do not reflect the gravity of their crimes. Yet, since the first hearing, the commitment of Georgian officials to vigorously prosecute Mkalavishvili has been evanescent. The case has been postponed five times, most recently due to the prosecutor failing to appear. These delays can be attributed to Mkalavishvili’s mob, sometimes numbering in the hundreds, maintaining a menacing presence both outside and inside the Didube-Chugureti District Court. At several hearings, large numbers have crashed into the court while carrying wooden and iron crosses, as well as banners with offensive slogans. Obviously feeling immune from government action, Mkalavishvili has used the courtroom itself as a platform, reportedly threatening lawyers and victims through a megaphone. Evidence of these events is readily available as local television stations are usually tipped in advance, airing footage of the attacks and interviews of Mkalavishvili and Bluashvili on the nightly news. Despite fervent appeals by victims and their lawyers, the police have refused to provide adequate courtroom security. Attorneys for the victims even petitioned the court for assistance, only for the judge to decide no more than 10 police officers would be permitted. Inexcusably, the judge put no limit on the number of Mkalavishvili’s followers granted access to the courtroom. In a stark contradiction, more than 200 police and a SWAT team were ordered to protect officials from the Ministry of Interior when Mkalavishvili was brought to trial under different charges. In sum, the Georgian Government is proving ineffective in ameliorating the situation and protecting its citizens, regardless of their religious faith, from mob violence. Meanwhile, President Eduard Shevardnadze has held meetings with faith communities to demonstrate religious tolerance. He has also issued a presidential decree calling for the Ministry of Interior to take action, but by allowing lawless bands of militants to attack peaceful gatherings, his illusory actions are speaking louder than his words. By allowing the strength of the police and judicial systems to become a farce, it will only further encourage contravention of Georgian laws. However, despite actions demonstrated to date, the Georgian Government can end the attacks and bring to justice the perpetrators of this brutality.

  • Murder of Ukrainian Heorhiy Gongadze Still Unsolved

    Mr. Speaker, the murder of Ukrainian investigative journalist Heorhiy Gongadze remains unsolved. On September 16, 2000, Gongadze, editor of an Internet news publication critical of official, high-level corruption in Ukraine, disappeared. Seven week later, his remains were found in Tarashcha in the Kyiv region.   Repeated expressions of concern to the Government of Ukraine have been met with stonewalling. Over the last 18 months, the Helsinki Commission, Members of the House and Senate, the Department of State, the OSCE, the Council of Europe and other international institutions repeatedly have raised this case and urged President Kuchma and the Ukrainian Government to undertake a speedy, serious, open and transparent investigation into the Gongadze murder case.   Back in December of 2000, I urged Ukrainian authorities to resolve this grave matter in a timely and just manner before the case further tarnished their credibility in dealing with fundamental human rights. Last July, a number of us were present at the Paris OSCE Parliamentary Assembly meeting, where Gongadze’s widow Myroslava accepted the OSCE PA Prize for Journalism and Democracy on his behalf. A resolution adopted by the OSCE PA in Paris expressed dismay “that the criminal investigation into the murder of journalist Heorhiy Gongadze has been obstructed by authorities and has not been carried out in accordance with the rule of law.”   Last month, Ukrainian authorities blocked FBI experts from examining evidence gathered during the initial investigation. The Bureau had been invited by Ukrainian authorities to advise and assist in the investigation of the case and earlier had participated in identifying Gongadze's remains. Over the last year, Ukrainian prosecutors routinely cited their request for assistance from the FBI as evidence that they were working diligently to solve the murder.   According to a statement released by the U.S. Embassy in Kyiv, the four FBI experts were told that Ukrainian law prohibits prosecutors from releasing any information to them. They were "unable to discuss any aspects of the case, share evidence or conduct a joint site inspection. Because of this, the FBI team could not provide suggestions that might help Ukrainian law enforcement authorities advance the investigation of the murder of Mr. Gongadze.” This lack of cooperation – after promises to accept the U.S. technical assistance -- is an indication of bad faith on the part of the Ukrainian authorities.   This is only the latest example which seriously questions the Ukrainian authorities’ commitment to resolving this case and has led many to conclude that the Procurator General’s office is hampering the investigation into Gongadze’s death. Particularly telling was the Procuracy’s initially casting doubt on the results of a DNA test reported in February 2001, which determined with a 99.6 percent probability that the body exhumed from a shallow grave in Tarashcha was, indeed, that of Gongadze. The Procurator General, Mykhaylo Potebenko, who recently announced he would resign to become a Member of Parliament from the Communist Party, has also been uncooperative with Gongadze’s widow and mother, even after the court gave them status that legally permitted them access to details of the investigation. An assessment of the case last year by Freimut Duve, the OSCE Representative on Freedom of Media, found that the investigation into Gongadze’s disappearance has been “extremely unprofessional.” It is high time for the Ukrainian authorities to mount a serious, transparent investigation into this case as well as the cases of other murdered journalists.   Since 1998, 11 journalists have been killed in Ukraine and 48 severely injured in unexplained attacks, according to Reporters Without Borders. Over the last year, several international bodies have called on Ukrainian authorities to launch a fresh investigation into the disappearance and death of Mr. Gongadze and other journalists and to allow for an independent investigation or to set up a new independent commission of inquiry comprising of international investigators. I also hope that the newly elected Ukrainian parliament will take aggressive action in encouraging governmental accountability for solving the murder and bringing the perpetrators to justice.   Mr. Speaker, on March 31, Ukraine held parliamentary elections. Despite governmental interference in the campaign and abuse of state resources, the Ukrainian electorate showed a strong independent streak with a strong pro-democratic, pro-European orientation. A substantial portion of the Ukrainian people clearly wants change – they want to live in a country where democracy and human rights are honored and where the rule of law prevails.   The United States remains committed to encouraging these yearnings. The U.S. Government is the largest bilateral donor in Ukraine, and American companies still are the largest investors in Ukraine. We are deeply engaged with Ukraine in military and security issues, educational exchanges, small business, agriculture, energy, and the development of civil society. American engagement with Ukraine is a testament to the importance that we attach to U.S.-Ukraine relations. However, the level of U.S. engagement is increasingly being questioned, in part because of the obstructionist actions of the authorities concerning the Gongadze case, the curtailing of media freedoms, the persistent debilitating problem of corruption and, most recently, troubling allegations that President Kuchma may have authorized the clandestine sale of the Kolchuga radar system to Iraq in violation of UN sanctions.   Mr. Speaker, as Co-Chairman of the Helsinki Commission, I once again urge in the strongest possible terms Ukrainian authorities to take seriously the concerns regarding the circumstances that led to the Gongadze murder and the subsequent investigation. His widow, young children, and mother deserve better. The Ukrainian people deserve better.

  • Unpunished Religious Persecution in the Republic of Georgia

    Mr. President, as a member of the Commission on Security and Cooperation in Europe, I have followed closely human rights developments in the participating States, especially as they have an impact on freedom of thought, conscience, religion or belief. In many former communist countries, local religious establishments have reacted with concern and annoyance about perceived encroachment of religions considered “non-traditional.” But in the Republic of Georgia organized mob violence against those of nontraditional faiths has escalated, largely directed against Jehovah’s Witnesses. For over 2 years, a wave of mob attacks has been unleashed on members of this and other minority religious communities, and it is very disturbing that the police have consistently either refused to restrain the attackers or actually participated in the violence.   Since October 1999, nearly 80 attacks against Jehovah’s Witnesses have taken place, most led by a defrocked Georgian Orthodox priest, Vasili Mkalavishvili. These violent acts have gone unpunished, despite the filing of over 600 criminal complaints. Reports cite people being dragged by their hair and then summarily punched, kicked and clubbed, as well as buses being stopped and attacked. The priest leading these barbaric actions has been quoted as saying Jehovah’s Witnesses “should be shot, we must annihilate them.” Considering the well-documented frenzy of these depredations, it is only a matter of time before the assaults end in someone’s death.   Other minority religious communities have not escaped unscathed, but have also been targeted. Mkalavishvili coordinated an attack against a Pentecostal church last year during choir practice. His truncheon-wielding mob seriously injured 12 church members. Two days before Christmas 2001, over 100 of his militants raided an Evangelical church service, clubbing members and stealing property. In February of this year, Mkalavishvili brought three buses of people, approximately 150 followers, to burn Bibles and religious materials owned by the Baptist Union.   Mkalavishvili brazenly holds impromptu press conferences with media outlets, often as the violence transpires in the background. With his hooligans perpetrating violent acts under the guise of religious piety, camera crews set up and document everything for the local news. The absence of a conviction and subsequent imprisonment of Mkalavishvili is not for lack of evidence.   After considerable delay, the Georgian Government did commence on January 25 legal proceedings for two mob attacks. However, considering the minor charges being brought and the poor handling of the case, I fear Mkalavishvili and other extremists will only be encouraged to continue their attacks, confident of impunity from prosecution.   Since the initial hearing in January of this year, postponement of the case has occurred four times due to Mkalavishvili’s mob, sometimes numbering in the hundreds, overrunning the Didube-Chugureti District Court. Mkalavishvili’s marauding followers brought wooden and iron crosses, as well as banners with offensive slogans. Mkalavishvili himself even threatened the lawyers and victims while they were in the courtroom. With police refusing to provide adequate security, lawyers filed a motion asking for court assistance, but the judge ruled the maximum security allowed would be 10 policemen, while no limit was placed on the number of Mkalavishvili’s followers permitted in the courtroom. In contrast, the Ministry of Interior has reportedly provided more than 200 police and a SWAT team to protect officials of its office when Mkalavishvili was brought to trial under different charges.   Certainly, the Georgian Government could provide adequate security so that its judicial system is not overruled by vigilante justice. Unfortunately for all Georgians, the anemic government response is indicative of its inability or worse yet, its unwillingness to enforce the law to protect minority religious groups.   As is clearly evident, Georgian authorities are not taking effective steps to deter individuals and groups from employing violence against Jehovah’s Witnesses and other minority faiths. With the ineptitude of the justice system now well known, Mkalavishvili has brazenly and publicly warned that the attacks will not cease.   Religious intolerance is one of the most pernicious human rights problems in Georgia today. Therefore, I call upon President Eduard Shevardnadze to take action to end the violence against religious believers, and prevent attacks on minority religious communities. Despite the meetings he held with the various faith communities intended to demonstrate tolerance, Georgian Government inaction is sending a very different message. Tbilisi’s pledge to uphold the rights of all believers and prosecute those who persecute the faithful must be followed by action.   As a member of the Commission on Security and Cooperation in Europe, I urge President Shevardnadze to do whatever is necessary to stop these attacks, and to honor Georgia’s OSCE commitments to promote and ensure religious freedom without distinction. The Georgian Government should take concrete steps to punish the perpetrators through vigorous prosecution.

  • Commission Staff Observes Ukrainian Elections

    By Orest Deychakiwsky, CSCE Staff Advisor United States Helsinki Commission staff observed the March 31, 2002 parliamentary elections in Ukraine as part of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly contingent of the OSCE-led International Election Observation Mission (IEOM). Half of the deputies to the 450-member parliament were elected from party lists and the other half from single-mandate districts. Six parties passed the 4 percent threshold necessary to be seated in the party list vote, with reformist former Prime Minister Viktor Yushchenko’s Our Ukraine bloc winning the most votes. In the single-mandate district voting, the pro-presidential For United Ukraine bloc obtained the largest number of seats. Both the OSCE and the U.S. State Department concluded that the March 31 elections indicated progress over the 1998 elections, but “important flaws persist.” In its April 1 press conference in Kyiv, the IEOM declined to prepare a final analysis before post-election procedures are concluded, and promised to return to Ukraine within a month to follow up, after watching how election authorities and the judiciary perform while tabulating and publishing results and adjudicating disputes. Positive elements cited included a new Election Law that took into account OSCE/ODIHR recommendations from previous elections; improvements in the mechanism to address election disputes, with clearer complaint and appeals procedures; multi-party commissions; the engagement of civil society in the electoral process; and greater access by candidates and parties to the media through TV debates, free air time and paid advertising. On the negative side, media coverage was biased and state-funded television gave disproportionate coverage to pro-presidential candidates. Other problem areas included abuses of state resources in the election campaign, interference by local authorities, and a campaign sullied by the murders of two candidates, and other isolated instances of violence, including one just a few days before the elections. Compared to previous elections, the level of pressure by government officials and workers to campaign in support of the main pro-presidential party, including direct pressure on individuals to vote for specific candidates, had significantly increased. The abuse of state resources created an uneven playing field and the main beneficiary of such violations was the pro-presidential bloc For a United Ukraine. Despite these advantages, pro-presidential parties did not do all that well in the party-list vote, and several did not even surpass the four percent threshold required for inclusion in the Verkhovna Rada (parliament). Furthermore, the two opposition parties garnered more votes than expected, securing for themselves seats in the new parliament. According to the IEOM, there were also shortcomings in the implementation of the legal framework, including uneven enforcement of provisions on violations of electoral rights, the lack of deadlines, and clear definitions regarding candidate de-registration and campaigning. According to the OSCE experts, these weaknesses derived from the inability of the Rada and the President to agree on amendments to the Administrative Code, so, in effect some of the positive provisions of the Election Law could not be enforced. Another problem was the lack of reliable voter lists – outdated information, including voters who had moved to other districts, left the country, or are deceased – and the widespread practice of issuing absentee ballots to voters unrelated to their place of residence. Voter lists may be amended up until election day; however, voters cannot be included in the registers of their place of residence on election day without a judicial decision. Voters were added to registers and allowed to vote – without the required court order– in about one third of polling stations visited by international observers. Voting day During the polling on voting day, the most serious problems were violations of the secrecy of the vote and voters added to registers in apparent contravention of the law. OSCE staff observed the elections in Lviv oblast in western Ukraine. Most polling stations visited by Commission staff were run efficiently, in a calm atmosphere, and commission members seemed hard-working and dedicated. Furthermore, there were numerous party, candidate and domestic observers. In a minority of polling stations staff witnessed incompetence, chaos, overcrowding, inadequate facilities – usually premises that were much too small and had an inadequate number of voting booths. Overcrowding was responsible for the violation most frequently observed – voting outside of booths – but there appeared to be no element of intimidation here. Instead, voters simply did not feel like waiting in long lines. According to the non-partisan domestic observer group Committee of Voters of Ukraine (CVU), 15 % of voters were unable to vote due to overcrowding or poor facilities. Also, CVU estimated that one third of precincts were not able to conduct the elections in an organized manner. Despite the uneven playing field and violations with respect to the vote tabulations in a number of single-mandate constituencies, generally, the elections reflected the will of the voters. The actual results did not differ significantly from the results of several exit polls. Results and What Next The results indicate a country divided into three broad political orientations. Our Ukraine, the center-right, pro-reform, pro-Western coalition headed by Yushchenko, took the most seats in the party-list vote. The Communists garnered 20 percent of the party-list vote, clearly indicating their continued downward trend with each passing election. For the first time since Ukraine became independent in 1991, they will not constitute the largest political grouping in the Rada. In third place in the party-list vote was the pro-presidential For a United Ukraine, which had benefitted the most from the authorities’ abuses of state resources in the campaign. This bloc, however, had a strong showing in the single-mandate district voting, and will almost certainly end up with the largest number of overall deputies, especially as their numbers will be expanded with those who ran as “independents.” No one political grouping will have a viable majority in parliament; hence, will need to make concessions with other groupings to act. The pro-presidential For a United Ukraine may be compelled to team up with Yushchenko’s Our Ukraine to form a government and pass pro-reform legislative initiatives. With this kind of political configuration, shifting alliances may be more likely than any kind of solid coalition. As a result, cautious moves towards economic and political reform rather than sweeping changes are more likely. Nevertheless, judging by the results, the Ukrainian people are increasingly endorsing a pro-European, pro-market, pro-democratic orientation.

  • Escalating Violence and Rights Violations in Central Asia

    This briefing was moderated by CSCE Commissioner Christopher H. Smith (NJ-04), and witnesses included Vitaly Pononaryov, Director of the Central Asia Program; Abdusalom Ergashev at the Head Ferghana Branch of the Human Rights Organization of Uzbekistan; Pulat Akhunov, Director of the Central Asian Association of Sweden; and Michael Ochs, Senior Staff Advisor at the Helsinki Commission. As a briefing that took place shortly after the events on September 11, 2001, it was noted that ties between the United States and Central Asian states had become a lot closer to strategically adapt to the changing circumstances in Afghanistan and Iraq. In fact, Presidents Karimov and Bush signed a declaration on strategic partnership and cooperation. Unfortunately, though, Central Asian republics, especially Uzbekistan and Turkmenistan, do not have very good human rights records, which were discouraging for the case of Permanent Normal Trade Relations with these countries, something that the Bush Administration had intended to commit to.

  • Ukraine Elections Resolution

    Mr. President, today the Senate, with bipartisan support, moves to consider S. Res. 205, a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31 parliamentary elections. I appreciate Chairman Biden and Senator Helms’ support in committee and the leadership for ensuring timely consideration of this important resolution. In adopting S. Res. 205, the United States Senate expresses interest in, and concerns for, a genuinely free and fair parliamentary election process which enables all of the various election blocs and political parties to compete on a level playing field. While expressing support for the efforts of the Ukrainian people to promote democracy, rule of law, and human rights, the resolution urges the Ukrainian government to enforce impartially the new election law and to meet its OSCE commitments on democratic elections. I want to underscore commitments undertaken by the 55 OSCE participating States, including Ukraine, to build consolidate and strengthen democracy as the only form of government for each of our nations. Mr. President, the Commission on Security and Cooperation in Europe, the Helsinki Commission, which I chair has monitored closely the situation in Ukraine and has a long record of support for the aspirations of the Ukrainian people for human rights and democratic freedoms. A recent Commission briefing on the parliamentary elections brought together experts to assess the conduct of the campaign. High level visits to Ukraine have underscored the importance the United States attaches to these elections in the run up to presidential elections scheduled for 2004. As of today, with less than two weeks left before the elections, it remains an open question as to whether the elections will be a step forward for Ukraine. Despite considerable international attention, there are credible reports of various abuses and violations of the election law, including candidates refused access to media, the unlawful use of public funds and facilities, and government pressure on certain political parties, candidates and media outlets, and a pro-government bias in the public media. Ukraine’s success as an independent, democratic, economically successful state is vital to stability and security and Europe, and Ukraine has, over the last decade, enjoyed a strong relationship with the United States. This positive relationship, however, has been increasingly tested in the last few years because of pervasive levels of corruption in Ukraine and the still-unresolved case of murdered investigative journalist Georgiy Gongadze and other issues which call into question the Ukrainian authorities’ commitment to the rule of law and respect of human rights. Mr. President, Ukraine enjoys goodwill in the United States Senate and remains one of our largest recipients of U.S. assistance in the world. These elections are an important indication of the Ukrainian authorities’ commitment to consolidate democracy and to demonstrate a serious intent regarding integration into the Euro-Atlantic community. Thank you, Mr. President.

  • Kyrgyzstan's Release of Azimbek Beknazarov

    Mr. Speaker, yesterday authorities in Kyrgyzstan released Azimbek Beknazarov, a parliamentarian who had been in jail since January 5. The decision was made after disturbances in the Ak-Su District of Jalal-Abad, Mr. Beknazarov’s native region in southern Kyrgyzstan. In an unprecedented outburst of violence on March 17, six people were killed and scores wounded when police opened fire on demonstrators. Mr. Beknazarov has pledged not to leave the area and his trial has been postponed indefinitely while the authorities and the public catch their breath and reassess the situation.   The incident and the events leading up to it are alarming--not only for Kyrgyzstan but for the United States, which is now basing troops in the country and expects to be in the region for the foreseeable future. Despite attempts by some Kyrgyz officials to pin the blame on a mob of demonstrators fired up by alcohol, the real cause of the bloody riot was popular discontent with an unresponsive government reaching the boiling point.   Kyrgyz authorities have accused Mr. Beknazarov of improperly handling a murder case when he was an investigator in a district prosecutor’s office years ago. In fact, it is widely believed that Beknazarov’s real transgression was to suggest that Kyrgyzstan’s parliament discuss the country’s border agreement with China, which would transfer some territory from the tiny Central Asian state to its giant neighbor.   This is reflective of Akaev’s intensified efforts to consolidate his power while cracking down on dissent and opposition. In February 2000, President Akaev rigged the parliamentary election to keep his main rival--Felix Kulov, who had served as Vice President and in other high-level positions--from winning a seat in the legislature. The observation mission of the Organization for Security and Cooperation in Europe (OSCE) openly questioned the results in Kulov’s district, and said the election had fallen far short of international standards. Subsequently, Kulov was arrested and could not participate in the October 2000 presidential election, in which Akaev faced no serious contenders and was easily re-elected.   Kulov is serving a 7-year jail term and now faces new criminal charges. Amnesty International considers him a political prisoner. Last December I chaired a hearing of the Helsinki Commission which focused on the deterioration of human rights in Kyrgyzstan. Mr. Kulov’s wife was able to attend the hearing and offered her perspective on the current political climate in her country.   The independent and opposition media in Kyrgyzstan have also been under severe pressure, usually in the form of libel cases which official authorities use to fine newspapers out of existence so they cannot report on corruption. In January 2002, the authorities issued Decree No. 20, which would introduce mandatory official inventory and government registration of all typographical and printing equipment, while imposing stricter controls on its imports. Decree No. 20 would also threaten U.S. Government plans to establish an independent printing press in Kyrgyzstan. Furthermore, the decree will be used against religious groups, both Muslim and Christian, by blocking their ability to produce religious material and by calling for an “auditing” of all religious communities that create publications. While the pretext of the decree is to combat “religious extremists,” the decree has clear implications for religious communities out of favor with the government, as well as with opposition groups. The State Department has urged Kyrgyzstan to repeal Decree No. 20 but so far, Bishkek has stubbornly refused.   So when legislator Azimbek Beknazarov was arrested on January 5, his colleagues in parliament, members of opposition parties and human rights activists reacted strongly to the latest step in an ongoing campaign to clamp down on civil society. Since January, hundreds of people, including parliamentarians, have gone on hunger strikes to demand his release. Protests and demonstrations have continued throughout, which the police have either ignored or roughly dispersed. The U.S. Government, the OSCE and international human rights groups have called for Beknazarov’s release, but President Akaev, hiding behind the fig leaf of “executive non-interference in judicial deliberations,” contends that the case must be decided by the courts. His position is an absurd pretense in a country where the courts are under state influence, especially in sensitive political cases. More to the point, this stance is simply no longer credible, considering the widespread belief that Beknazarov’s imprisonment was politically motivated and the public’s lack of confidence in the government’s good faith.   Finally, pent-up tensions exploded two days ago, when demonstrators and police clashed, with tragic consequences. Kyrgyz officials have accused organizers of unauthorized pickets and rallies of responsibility for the violence. In an address to the nation, President Akaev described the events as “an apparent plot [in which] a group of people, including prominent politicians, staged unauthorized mass rallies simultaneously.” He said the events were “another move in the targeted activities of opposition forces to destabilize the situation in the country. They have been engaged in these activities for the last few years.”   Mr. Speaker, I would contend that the riots in Jalal-Abad Region were the predictable outcome of frustration and desperation. Askar Akaev, by falsifying elections and repressing freedom of expression, has made normal politics impossible in Kyrgyzstan. A long-suffering populace, which has seen its living standard plummet while corrupt officials grow rich, has signaled that enough is enough. The authorities have heard the message and now have to make a critical decision: either to try to find a common language with society or to crack down. If they choose the former, Kyrgyzstan may yet realize its promise of the early 1990s; if they choose the latter, more confrontations are likely, with unpredictable ramifications for Kyrgyzstan and its neighbors.   The United States has a real stake in the outcome. We are in Central Asia to make sure terrorists cannot use the region to plan attacks on us or recruit new members. But all the region’s states are led by men determined to stay in power indefinitely. This means they cannot allow society to challenge the state, which, in turn, insures that discontented, impoverished people with no other outlets could well be attracted by radical ideologies.   We must make it plain to President Akaev that we are serious when we declare that our war on terrorism has not put democracy and human rights on the back burner. And we must insist that he implement his OSCE commitments, as well as the pledge he made in last month’s bilateral Memorandum of Understanding with the United States. That document obligates Kyrgyzstan to “confirm its commitment to continue to take demonstrable measures to strengthen the development of democratic institutions and to respect basic human and civil rights, among which are freedom of speech and of the media, freedom of association and public assembly, and freedom of religion.”   The events earlier this week have given us a wake-up call. We had better understand properly all its implications.

  • Re-Registration Campaign Denying Religious Freedom in Azerbaijan

    Mr. Speaker, the ongoing re-registration campaign for religious organizations conducted by the State Committee for Relations with Religious Organizations, headed by Chairman Rafik Aliev potentially violates Azerbaijan’s commitments to religious freedom as a participating State in the Organization for Security and Cooperation in Europe (OSCE). Azerbaijan must take steps commensurate with its commitments under the Helsinki Final Act and subsequent OSCE documents to ensure the freedom of the individual to profess and practice their religion or belief, alone or in community with others. The State Committee, created last year to replace the Religious Affairs Directorate, has broad administrative powers, which Chairman Aliev seems willing to utilize in an attempt to ban minority religious communities through denial of legal registration. Recent reports indicate that of the 407 religious groups previously registered, only approximately 150 are currently under consideration for re-registration by the State Committee. An additional 200 organizations were unsuccessful in their initial application due to technical errors and were asked to resubmit these requests. While I am pleased that 80 groups have been approved, reportedly most are Muslim, I hope that the State Committee is not specifically discriminating against minority faiths or religious groups. Despite the extension of the re-registration deadline to the end of March, there is legitimate concern that groups will be arbitrarily denied registration, and thereby legal status, despite fulfilling all requirements. In addition, although this is the third registration campaign since 1991, reportedly about 2,000 more religious groups remain unregistered. Recently, a senior official at the State Committee declared unregistered groups will be closed down. The fear that the State Committee will refuse to register religious groups for arbitrary reasons is supported by several statements from Chairman Aliev himself. For instance, he declared the State Committee hoped to introduce more stringent regulations to govern both religious organizations and individuals. He also said the State Committee can request a court to suspend activities of any religious organization conducting activities deemed illegal or found to undermine national security. The State Committee has also limited the ability for religious communities to import religious material. Reportedly, Chairman Aliev also stated “religious organizations must be controlled” and that “religion is dangerous.” This flies in the face of President Heydar Aliyev’s November 1999 public statements supporting religious freedom in Azerbaijan. Also of concern are the heavy-handed actions against religious groups by Azeri Government officials and police officers. For example, on January 18, 2002, National Security Ministry officers raided an unregistered Protestant church, Living Stones, which was meeting in a private apartment. The police and security officers searched the residence and seized religious literature. Ten individuals who were attending the meeting were taken into custody, transferred to a police station and interrogated. While eight individuals were released, two church leaders, Yusuf Farkhadov and Kasym Kasymov, were given two-week prison sentences for violating Article 310 of the Administrative Code, which addresses “petty hooliganism.” The reported justification for the raid was that the church is not registered. However, Living Stones had attempted to register with the government, but only after one and a half years of waiting did the government decide their application contained errors and must be resubmitted. In addition, the church is listed as a branch of the Nehemiah Protestant Church, which is registered. Many other religious communities are also concerned. It is feared the Ashkenzai Jewish community will not be successful in registering, because the State Committee is favoring a separate Jewish group. The liquidation suit brought by Chairman Aliev against the Love Baptist Church in the Narimanov district court continues to drag on. Liquidating the church due to alleged statements by its pastor is a disproportionate penalty and contravenes OSCE commitments. Illegal closures of churches by local officials, as in the case of the Gyanja Adventist Church on February 24, 2002, have not been halted by the State Committee. The closure of mosques under the pretext of state security is also a concern, as the government could ban unpopular groups, despite no proof of illegal activity. The Helsinki Final Act commits that “the participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” Mr. Speaker, I urge President Aliyev to ensure that the re-registration process is accomplished in accordance with Azerbaijan’s OSCE commitments. In light of statements by Chairman Aliev, it is apparent the State Committee is perverting the re-registration process to arbitrarily deny legal registration to selected religious communities. The government must take the necessary steps to protect the right of individuals to profess and practice their faith by registering religious organizations, in keeping with Azerbaijan’s commitments as a participating OSCE State. In closing, Mr. Speaker, I am greatly alarmed by the re-registration campaign in Azerbaijan. This being the third time in a decade the government has required registration, it would seem Azerbaijan will continually “sift” minority religious groups until all are made illegal. Therefore, it is my hope that the Azeri Government will choose to honor its OSCE commitments and allow religious communities to register without harassment or bureaucratic roadblocks. Members of Congress will be watching to see if groups highlighted in this statement are harassed because of their mention.

  • Resolution Urging Ukraine to Ensure a Democratic, Transparent and Fair Election Process

    Mr. Speaker, today the House moves to the timely consideration of H. Res. 339 which urges the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31, 2002 parliamentary elections. I’d like to thank Mr. Armey for his commitment to schedule consideration of this measure this week. I was pleased to be an original cosponsor of the resolution which acknowledges the strong relationship between the United States and Ukraine, urges the Ukrainian Government to enforce impartially its new election law, and urges the Ukrainian Government to meet its OSCE commitments on democratic elections. I strongly encourage my colleagues to support this measure. The Helsinki Commission, which I co-chair, has a longstanding record of support for human rights and democratic development in Ukraine. Commission staff will be going to observe and report on these elections, as they have for virtually every election in Ukraine since 1990. The stakes in the Ukrainian elections are high – both in terms of outcome and as an indication of the Ukrainian Government’s commitment towards democratic development and integration into Europe.   Mr. Speaker, I think it is important to underscore the reason for this congressional interest in Ukraine. The clear and simple reason: an independent, democratic, and economically stable Ukraine is vital to the stability and security of Europe, and we want to encourage Ukraine in realizing its own often-stated goal of integration into Europe. Despite the positive changes that have occurred in Ukraine since independence in1991, including the economic growth over the last two years, Ukraine is still undergoing the difficult challenge of transition. The pace of that transition has been distressing, slowed by insufficient progress in respect for the rule of law, especially by the presence of widespread corruption which continues to exact a considerable toll on the Ukrainian people.   Another source of frustration is the still-unresolved case of murdered investigative journalist Heorhiy Gongadze. The flawed investigations of this case and the case of another murdered Ukrainian journalist, Ihor Aleksandrov call into question Ukraine’s commitment to the rule of law. There have also been a number of disturbing cases of violence or threats of violence. For instance, 78-year-old Iryna Senyk a former political prisoner and poetess who was campaigning for the pro-reform Our Ukraine bloc, was badly beaten by “unknown assailants.” Such unchecked violence has created an uncertain atmosphere. Most of independent Ukraine’s elections have generally met international democratic standards for elections. The 1999 presidential elections, however, were more problematic, and the OSCE Election Mission Report on these elections asserted that they “failed to meet a significant number of the OSCE election related commitments.”   Mr. Speaker, it remains an open question as to whether the March 31 elections will be a step forward for Ukraine. With less than two weeks until election day, there are some discouraging indications – credible reports of various violations of the election law, including campaigning by officials or use of state resources to support certain political blocs or candidates; the denial of public facilities and services to candidates, blocs or parties; governmental pressure on certain parties, candidates and media outlets; and a pro-government bias in the public media, especially the government’s main television network, UT-1. These actions are inconsistent with Ukraine’s freely undertaken OSCE commitments and undermine its reputation with respect to human rights and democracy. A democratic election process is a must in solidifying Ukraine’s democratic credentials and the confidence of its citizens, and in its stated desire to integrate with the West.   During his visit to Ukraine last week, the President of the OSCE Parliamentary Assembly, Adrian Severin, expressed concern over the mistrust in the electoral process among certain candidates as well as general skepticism as to whether the elections would be truly free and fair and encouraged Ukrainian officials to take measures to address these concerns so as to ensure public trust in the outcome of the election. Mr. Speaker, I ask that the summary of the most recent Long Term Observation Report on the Ukrainian elections prepared by the non-partisan Committee of Voters of Ukraine, be submitted for the Record. I urge unanimous support for this resolution.

  • Upcoming Ukraine Parliamentary Elections Focus of Briefing

    By Orest Deychakiwsky, CSCE Staff Advisor The Helsinki Commission held a public briefing on February 27 which examined the upcoming Ukrainian parliamentary elections scheduled for March 31, 2002. Commission Chief of Staff Ron McNamara noted commitments undertaken by the 55 OSCE participating States, including Ukraine, to build, consolidate and strengthen democracy as the only form of government for each of the nations. The reason for congressional interest in Ukraine which has been manifested by Senate and House resolutions introduced by a bipartisan group of Helsinki Commissioners, he observed, is “because an independent, secure, democratic, economically stable Ukraine is important, and we want to encourage Ukraine in realizing its own goal of integration into Europe.” The measures call for Ukraine to ensure a democratic, transparent and fair election process. McNamara underscored the potential impact of the elections, “The parliamentary elections, along with local elections taking place on the same day, will chart Ukraine's course over the next four years, including on the presidential elections scheduled for 2004.” Three experts – former U.S. Ambassador to Ukraine William Green Miller, Ambassador Nelson Ledsky of the National Democratic Institute (NDI) and Stephen Nix of the International Republican Institute (IRI) – addressed both positive and negative features of the election process and campaign. All three highlighted the importance of these elections being free and fair. Ambassador Miller stated: “This election is a crucial election. And it’s very important for Ukraine, for its government, for its system of governance, to have as free and fair an election as possible. It’s crucial to its international reputation and to the dignity of its own people.” Ambassador Miller described the roles of the various blocs running for the elections, observing that – based on what the polls indicate at this point – the probable outcome reflects the reality of Ukrainian politics in 2002. He did note problem areas, stating that the smaller parties of Yulia Tymoshenko and Oleksandr Moroz are the ones to watch, “...and that’s where much of the pressure on preventing their crossing the four percent threshold will be evident.” These two parties are in open opposition to President Leonid Kuchma. The issue in the next month, according to Miller, is “whether the shortcomings that have been identified by various people – Ukrainians and sympathetic foreigners – will be attended to. But, I would say, given the complexion of the polling now, there is very little that can be done to alter what seems to be the likely outcome.” Ambassador Ledsky pointed to pre-election violations documented by the Committee of Voters of Ukraine (CVU) over the last four months which fall into two broad categories – one relating to access to the media and coverage of the elections and the second to the misuse of administrative resources as part of the campaign process. Violations with respect to administrative resources include: government spaces being used for campaign purposes, which is contrary to Ukrainian law; public employees working on political campaigns and citizens pressured to join parties and blocs; the interference of government authorities in campaigning; and the denial by officials of public facilities and services to candidates, parties and blocs. (On election day, the CVU is aiming to field 20,000 observers which would complement the OSCE observation effort which will likely include over 250 international observers.) Ledsky also emphasized “two distinct contests” going on in Ukraine – the first is the contest for the 225 proportional representation seats in which the parties vying need to surpass the four percent threshold. The second contest is for the 225 single mandate seats. “And here,” said Ambassador Ledsky, “what we are seeing is that the battle is going on behind the scenes in each district, in each oblast, in each constituency. There, administrative resources are being used illegally and with subtlety to make sure that the single mandate seats move in one direction.” In response to a question about Russian involvement, Ambassador Ledsky noted the “more extensive, more prominent, more visible” level of Russian involvement in this campaign. He underscored the importance of the elections, stating, “We believe very fervently that a correction in the course of the last two or three elections is very badly needed to put Ukraine back on the democratic path.” Mr. Nix, focusing his remarks on procedural, administrative and legal issues surrounding the elections, praised the new elections law passed by the Verkhovna Rada (parliament) as being “very progressive and a huge improvement over previous law.” Current election law provides dual remedies, both administrative and legal; if a similar complaint is filed both with the administrative agency and with the courts, the court shall issue a stay. Focusing on how election-related disputes will be handled, Mr. Nix expressed concern – based on IRI’s recent pre-election assessment mission to Ukraine – that many judges did not appear to understand “... that they had the right, in fact the duty, to take jurisdiction of these cases and order the administrative actions to cease.” Mr. Nix observed that a key difference in this election is that political parties now largely staff constituency (district) election commissions and, to a lesser extent, polling station (precinct) commissions – this can be a deterrent to fraud – and noted IRI’s role in training members of these commissions. While parties for the most part have placed people on the polling station commissions, there is concern that some areas in rural villages are not covered, concluding that places in which parties are not represented have “to be a big focus of the monitoring effort.”

  • U.S. Policy in Central Asia and Human Rights Concerns

    This briefing addressed U.S. policy in Central Asia and human rights concerns in the region in advance of the President of Uzbekistan’s visit to Washington, which had drawn attention to the deepening engagement of the United States in the region. Questions about Washington’s leverage presently and in the foreseeable future as well as the prospects for improving the dismal human rights situation in the region were discussed. Witnesses testifying at the briefing – including Lawrence Uzzell, Director of the Keston Institute; E. Wayne Merry, Senior Associate of the American Foreign Policy Council; and Nina Shea, Commissioner of the U.S. Commission on International Religious Freedom – presented numerous examples of the human rights violations that occur in Central Asian countries like Uzbekistan and pointed to the inheritance of imperial policies of commodity exploitation, ecological damage, and extremely bad demographics as several of the motivating factors of these violations.

  • Ukraine Parliamentary Elections

    This briefing examined the upcoming Ukrainian parliamentary elections on March 31. Commission Chief of Staff Ron McNamara noted commitments undertaken by the 55 OSCE participating States, including Ukraine, to build, consolidate and strengthen democracy as the only form of government for each of the nations. The potential impact of the elections was underscored, as the parliamentary elections, along with local elections taking place on the same day, would chart Ukraine's course over the next four years, including on the presidential elections scheduled for 2004. Three experts testifying at this briefing – former U.S. Ambassador to Ukraine William Green Miller, Ambassador Nelson Ledsky of the National Democratic Institute (NDI) and Stephen Nix of the International Republican Institute (IRI) – addressed both positive and negative features of the election process and campaign. All three highlighted the importance of these elections being free and fair.

  • OSCE Parliamentary Assembly Delegation Visits Ukraine

    By Orest Deychakiwsky, CSCE Staff Advisor A delegation of nine parliamentarians from the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA) representing eight countries, along with a Helsinki Commission staff member, traveled to Ukraine from January 30 – February 1, 2002 to learn about the progress which has been made in the development of democratic institutions on the basis of the rule of law, and how the cooperation with the OSCE Project Coordinator in Ukraine has facilitated related developments. The Office of the OSCE Project Coordinator has been functioning in Ukraine since 1999 and its projects aim at supporting Ukraine in the adaptation of its legislation, institutions and processes to the requirements of a modern democracy, based on the rule of law. The Delegation met with the OSCE Project Coordinator, representatives of the Constitutional and Supreme Courts, the Chairman of the Verkhovna Rada (Parliament), Members of the Ukrainian delegation to the OSCE PA, the Ombudsman of Ukraine, the Prosecutor General, and officials from the Ministries of Foreign Affairs, Defense and Justice. The representatives of these institutions commented favorably on the level of cooperation with the OSCE Project Coordinator and expressed thanks and strong support for the OSCE’s efforts in assisting their institutions with concrete projects. The delegation noted the expressed desire and practical efforts among the Ukrainian authorities to increase cooperation with European institutions. The Delegation has recommended that OSCE participating States continue their funding for OSCE projects in Ukraine and seek ways to increase the level of support. The delegation has also recommended that the OSCE Project Coordinator identify projects which would contribute to the protection of human and civil rights, the transition to civilian control over armed forces, the fight against terrorism, and the strengthening of the independent media. Subjects that touch upon human rights and rule of law in Ukraine also came up in the course of the meetings, including human trafficking, the upcoming March 31 parliamentary elections, and the unsolved case of murdered independent journalist Georgiy Gongadze. In response to a question by Commission staff about the possibility for the establishment of an independent commission of international experts into the Gongadze case, Prosecutor General Potebenko responded that he was interested in a full, open investigation and noted that foreign experts have been enlisted. He then questioned the motives of the United States in raising this case and called upon the U.S. Congress to assist in facilitating the extradition of Mykola Melnychenko, claiming that his extradition would speed up the investigation of the murder. Melnychenko was President Kuchma’s bodyguard whose secret recordings of conversations in the President’s office appear to link implicate him and top officials with the murder of Gongadze. Melnychenko was granted refugee status in the United States last April. Focusing on the upcoming elections and their potential in the consolidation of democracy in Ukraine, Helsinki Commission staff also met with the U.S. Ambassador to Ukraine, Carlos Pascual, and members of his staff, Agency for International Development (AID) officials, the Committee of Voters of Ukraine, representative of several Ukrainian political parties, and non-governmental organizations. On February 7, 2002, Commission Chairman Senator Ben Nighthorse Campbell (R-CO) introduced S. Res. 205, a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31 parliamentary elections. Senate Helsinki Commissioners Christopher J. Dodd (D-CT), Sam Brownback (R-KS) and Hillary Clinton (D-NY) have cosponsored this resolution. Earlier, on January 29, Helsinki Commissioner Rep. Louise Slaughter (D-NY), joined by Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Rep. Joseph Hoeffel (D-PA), introduced a companion resolution – H. Res. 339 – in the House.

  • Anti-Terrorism Conference Held in Bishkek

    By Janice Helwig Policy Advisor The Organization for Security and Cooperation in Europe (OSCE) – together with the United Nations Office for Drug Control and Crime Prevention (UNODCCP) – organized the Bishkek International Conference on Enhancing Security and Stability in Central Asia from December 13-14, 2001 to discuss ways in which the Central Asian countries can contribute to the global fight against terrorism. The conference was a step in implementing the OSCE Action Plan for Combating Terrorism, adopted by the OSCE participating States at the Bucharest Ministerial Meeting earlier in December. The meeting culminated with the adoption of a political declaration and an action program outlining areas where international assistance is particularly needed. (All documents are available on the OSCE website at www.osce.org) The conference also gave State authorities a chance to share experiences and ideas with each other; Spain and the United Kingdom, in particular, discussed lessons they had learned in combating terrorism in their countries. OSCE States had the opportunity to exchange views with countries not normally included in OSCE meetings, such as Pakistan, Iran, India, and China. The goal of the conference was to progress from discussion to action by identifying concrete areas for international assistance to Central Asia in fighting terrorism. The success of the conference depends on whether OSCE States and international organizations follow up on the areas identified and come forward with projects and funding. Kyrgyz President Askar Akaev opened the meeting, and Kyrgyz Foreign Minister Imanaliev also participated. In addition to OSCE participating States, then Chairman-in-Office Romanian Foreign Minister Mircea Geoana attended the conference, as did representatives from several OSCE Institutions – including High Commissioner on National Minorities Rolf Ekeus, Director of ODIHR Gerard Stoudmann, OSCE Secretary General Jan Kubis, and OSCE Parliamentary Assembly Vice-President Ahmet Tan. In addition to UNODCCP, several other international organizations participated, including the Organization of Islamic Conference (OIC), and the International Organization for Migration (IOM). President Akaev stressed the importance of international support for a neutral Afghanistan that will no longer be a haven for extremism, drugs, or terrorism. Kyrgyzstan and other Central Asian states had been pointing out the potential for violence, terrorism, and extremism to spill over from Afghanistan for several years, he noted, but the international community had taken no preventive steps. International efforts to combat terrorism now need to be more proactive. Poverty must be addressed throughout the region in order to minimize the possibility of its being exploited by terrorists to gain followers. All Central Asian states asked for technical and financial assistance, particularly to fight drug trafficking and organized crime, which are often sources of funding for terrorist organizations. The U.S. delegation was co-headed by Stephan M. Minikes, U.S. Ambassador to the OSCE, and Steven Monblatt, Deputy Coordinator in the State Department Office of the Coordinator for Counter Terrorism. Other members of the delegation included representatives from the State Department’s Bureaus of Democracy, Human Rights, and Labor, and of International and Law Enforcement Affairs, as well as a representative of the CSCE. Ambassador Minikes summed up the U.S. position in his closing statement, “We must ensure that our societies are ones in which terrorists cannot thrive, that our societies are ones in which human rights are respected, and in which rule of law, freedom of expression, tolerance, and democracy strengthen stability. As so many noted in Bishkek, societies of inclusion, with economic opportunities for all, pluralistic debate, a political commitment to conflict resolution, and where integration does not mean losing one's identity, are those where extremists have the least chance of generating sympathy and support from the moderate majority.” Other OSCE States discussed the importance of a concerted international effort against terrorism that includes fostering human rights, the rule of law, and economic development. The delegations of the United Kingdom and Spain shared their experiences fighting terrorism. The UK underscored that, based on lessons learned in Northern Ireland, respect for rule of law and human rights must be the basis for any approach to fighting terrorism; otherwise, authorities lose the moral high ground and the support of moderates. In addition, free political debate is essential to provide a peaceful alternative for dissenting views and prevent terrorists from gaining the support of those who share their views but not their methods. ODIHR Director Stoudmann stressed the need for caution as new procedures and legislation are put in place to combat terrorism; government authorities should not, above all, use terrorism as an excuse to rid themselves of opposition or dissent, he suggested. He offered ODIHR’s services in reviewing draft anti-terrorism legislation to ensure that international standards are upheld. In the political declaration, states participating in the conference pledged to work together against terrorism in full conformity with their OSCE commitments and fully respect human rights and the rule of law. They rejected the identification of terrorism with any particular religion or culture. They also noted that, as a neighbor to Afghanistan, the Central Asian region has been exposed to specific challenges and threats to security and therefore needs particular assistance in combating terrorism. The program of action outlined the following priorities for concrete programs: Promoting ratification and implementation of international conventions related to combating terrorism; Enhancing cooperation between both national and international agencies involved in combating terrorism and in fighting crime; Adopting national anti-money laundering legislation and create corresponding structures; Increasing cooperation in the protection of human rights and in strengthening rule of law and democratic institutions; Assisting judicial systems through training and strengthening independence; Fostering political dialogue, including through political parties, civil society, and free media; Addressing economic problems, including through programs to attract investment; Assisting Central Asian states in controlling their borders, particularly with regard to drug trafficking; and Encouraging joint training and operational activities among the countries of Central Asia.

  • Introduction of S. Res. 205 on Parliamentary Elections in Ukraine

    Mr. President, as Chairman of the Commission on Security and Cooperation in Europe, I today am introducing a resolution urging the Government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the March 31, 2002 parliamentary elections. I am pleased to be joined by fellow Commissioners Dodd and Brownback. Several of our colleagues from the House have introduced a companion resolution. Ukraine's success as an independent, democratic state is vital to the stability and security in Europe, and that country has, over the last decade, enjoyed a strong relationship with the United States. The Helsinki Commission has monitored closely the situation in Ukraine and has a long record of support for the aspirations of the Ukrainian people for human rights and democratic freedoms. Ukraine enjoys goodwill in the Congress and remains one of our largest recipients of assistance in the world. Clearly, there is a genuine desire that Ukraine succeed as an independent, democratic, stable and economically successful state.   It is against this backdrop that I introduce this resolution, as a manifestation of our concern about Ukraine's direction at this critical juncture. These parliamentary elections will be an important indication of whether Ukraine moves forward rather than backslides on the path to democratic development. Indeed, there has been growing cause for concern about Ukraine's direction over the last few years. Last May, I chaired a Helsinki Commission hearing: “Ukraine at the Crossroads: Ten Years After Independence.'' Witnesses at that hearing testified about problems confronting Ukraine's democratic development, including high-level corruption, the controversial conduct of authorities in the investigation of murdered investigative journalist Heorhiy Gongadze and other human rights problems. I had an opportunity to meet Mrs. Gongadze and her daughters who attended that hearing. While there has been progress over the last few months with respect to legislation designed to strengthen the rule of law, it is too early to assert that Ukraine is once again moving in a positive direction. With respect to the upcoming elections, on the positive side we have seen the passage of a new elections law which, while not perfect, has made definite improvements in providing safeguards to meet Ukraine's international commitments. However, there are already concerns about the elections, with increasing reports of violations of political rights and freedoms during the pre-campaign period, many of them documented in reports recently released by the non-partisan, non-government Committee on Voters of Ukraine, CVU.   It is important for Ukraine that there not be a repeat of the 1999 presidential elections which the Organization for Security and Cooperation in Europe, OSCE, stated were marred by violations of the Ukrainian election law and failed to meet a significant number of commitments on the conduct of elections set out in the 1990 OSCE Copenhagen Document. Therefore, this resolution urges the Ukrainian Government to enforce impartially the new election law and to meet its OSCE commitments on democratic elections and to address issues identified by the OSCE report on the 1999 presidential election such as state interference in the campaign and pressure on the media. The upcoming parliamentary elections clearly present Ukraine with an opportunity to demonstrate its commitment to OSCE principles. The resolution we introduce today is an expression of the importance of these parliamentary elections, which could serve as an important stepping-stone in Ukraine's efforts to become a fully integrated member of the Europe-Atlantic community of nations.   SENATE RESOLUTION 205--URGING THE GOVERNMENT OF UKRAINE TO ENSURE A DEMOCRATIC, TRANSPARENT, AND FAIR ELECTION PROCESS LEADING UP TO THE MARCH 31, 2002, PARLIAMENTARY ELECTIONS   Mr. Campbell (for himself, Mr. Dodd, and Mr. Brownback) submitted the following resolution; which was referred to the Committee on Foreign Relations: S. Res. 205 Whereas Ukraine stands at a critical point in its development to a fully democratic society, and the parliamentary elections on March 31, 2002, its third parliamentary elections since becoming independent more than 10 years ago, will play a significant role in demonstrating whether Ukraine continues to proceed on the path to democracy or experiences further setbacks in its democratic development;   Whereas the Government of Ukraine can demonstrate its commitment to democracy by conducting a genuinely free and fair parliamentary election process, in which all candidates have access to news outlets in the print, radio, television, and Internet media, and nationally televised debates are held, thus enabling the various political parties and election blocs to compete on a level playing field and the voters to acquire objective information about the candidates;   Whereas a flawed election process, which contravenes commitments of the Organization for Security and Cooperation in Europe (OSCE) on democracy and the conduct of elections, could potentially slow Ukraine's efforts to integrate into western institutions;   Whereas in recent years, government corruption and harassment of the media have raised concerns about the commitment of the Government of Ukraine to democracy, human rights, and the rule of law, while calling into question the ability of that government to conduct free and fair elections; Whereas Ukraine, since its independence in 1991, has been one of the largest recipients of United States foreign assistance;   Whereas $154,000,000 in technical assistance to Ukraine was provided under Public Law 107-115 (the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 2002), a $16,000,000 reduction in funding from the previous fiscal year due to concerns about continuing setbacks to needed reform and the unresolved deaths of prominent dissidents and journalists;   Whereas Public Law 107-115 requires a report by the Department of State on the progress by the Government of Ukraine in investigating and bringing to justice individuals responsible for the murders of Ukrainian journalists;   Whereas the disappearance and murder of journalist Heorhiy Gongadze on September 16, 2000, remains unresolved;   Whereas the presidential election of 1999, according to the final report of the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE on that election, was marred by violations of Ukrainian election law and failed to meet a significant number of commitments on democracy and the conduct of elections included in the OSCE 1990 Copenhagen Document;   Whereas during the 1999 presidential election campaign, a heavy pro-incumbent bias was prevalent among the state-owned media outlets, members of the media viewed as not in support of the president were subject to harassment by government authorities, and pro-incumbent campaigning by state administration and public officials was widespread and systematic;   Whereas the Law on Elections of People's Deputies of Ukraine, signed by President Leonid Kuchma on October 30, 2001, was cited in a report of the ODIHR dated November 26, 2001, as making improvements in Ukraine's electoral code and providing safeguards to meet Ukraine's commitments on democratic elections, although the Law on Elections remains flawed in a number of important respects, notably by not including a role for domestic nongovernmental organizations to monitor elections; Whereas according to international media experts, the Law on Elections defines the conduct of an election campaign in an ambiguous manner and could lead to arbitrary sanctions against media operating in Ukraine;   Whereas the Ukrainian Parliament (Verkhovna Rada) on December 13, 2001, rejected a draft Law on Political Advertising and Agitation, which would have limited free speech in the campaign period by giving too many discretionary powers to government bodies, and posed a serious threat to the independent media;   Whereas the Department of State has dedicated $4,700,000 in support of monitoring and assistance programs for the 2002 parliamentary elections;   Whereas the process for the 2002 parliamentary elections has reportedly been affected by apparent violations during the period prior to the official start of the election campaign on January 1, 2002; and   Whereas monthly reports for November and December of 2001 released by the Committee on Voters of Ukraine (CVU), an indigenous, nonpartisan, nongovernment organization that was established in 1994 to monitor the conduct of national election campaigns and balloting in Ukraine , cited five major types of violations of political rights and freedoms during the pre-campaign phase of the parliamentary elections, including-- (1) use of government position to support particular political groups; (2) government pressure on the opposition and on the independent media; (3) free goods and services given in order to sway voters; (4) coercion to join political parties and pressure to contribute to election campaigns; and (5) distribution of anonymous and compromising information about political opponents:   Now, therefore, be it Resolved, That the Senate— (1) acknowledges the strong relationship between the United States and Ukraine since Ukraine's independence more than 10 years ago, while understanding that Ukraine can only become a full partner in western institutions when it fully embraces democratic principles; (2) expresses its support for the efforts of the Ukrainian people to promote democracy, the rule of law, and respect for human rights in Ukraine; (3) urges the Government of Ukraine to enforce impartially the new election law, including provisions calling for— (A) the transparency of election procedures; (B) access for international election observers; (C) multiparty representation on election commissions; (D) equal access to the media for all election participants; (E) an appeals process for electoral commissions and within the court system; and (F) administrative penalties for election violations; (4) urges the Government of Ukraine to meet its commitments on democratic elections, as delineated in the 1990 Copenhagen Document of the Organization for Security and Cooperation in Europe (OSCE), with respect to the campaign period and election day, and to address issues identified by the Office of Democratic Institutions and Human Rights (ODIHR) of OSCE in its final report on the 1999 presidential election, such as state interference in the campaign and pressure on the media; and (5) calls upon the Government of Ukraine to allow election monitors from the ODIHR, other participating states of OSCE, and private institutions and organizations, both foreign and domestic, full access to all aspects of the parliamentary election process, including— (A) access to political events attended by the public during the campaign period; (B) access to voting and counting procedures at polling stations and electoral commission meetings on election day, including procedures to release election results on a precinct by precinct basis as they become available; and (C) access to postelection tabulation of results and processing of election challenges and complaints

  • Alarming Developments for Religious Freedom in Kazakhstan

    Mr. Speaker, troubling amendments to the current Kazakh law on religion await President Nursultan Nazarbayev's signature to enter into force. Both the lower and upper houses of the Kazakh parliament passed the amendments without any substantive modifications. As a result, if President Nazarbayev signs the legislation into law during the ten-day window, Kazakhstan would seriously undermine its commitments as a participating State in the Organization for Security and Cooperation in Europe (OSCE) to ensure the freedom of the individual to profess and practice their religion or belief. Introduced without public consultation in late November 2001, the amendments passed the lower house on January 17 and the upper house on January 31 of this year. The sudden rush to passage was surprising. Kazakhstan had been working with the OSCE Advisory Panel of Experts for Freedom of Religion or Belief to craft a law in harmony with its OSCE commitments. In fact, an earlier draft heavily criticized by the Advisory Panel was withdrawn in August 2001. The Advisory Panel issued a report on the latest draft on January 16, 2002, highlighting serious deficiencies in the text. However, it appears little heed was given to their critique. Reportedly, the executive branch pushed vigorously for legislation providing stricter controls on minority religious groups, which would explain the rapid consideration. In response to these unfolding events, myself, Chairman Ben Nighthorse Campbell and six other Commissioners of the Commission on Security and Cooperation in Europe, the Helsinki Commission, wrote President Nazarbayev last week about these developments. The text of that letter, which I am submitting for the RECORD, highlights several, but not all problematic elements of the recently passed legislation. Of particular note are the increased hurdles for registration and vaguely worded articles, which could allow for arbitrary denials of registration for religious groups, and consequently their legal existence. Accordingly, there is great concern for the future of religious freedom in Kazakhstan, whether for Muslims or Christians. Mr. Speaker, in the letter we respectfully asked President Nazarbayev not to sign the amendments into law. Our concerns are not based on mere supposition; related laws and regulations have been utilized to suppress faith communities in Kazakhstan. For example, this past summer Article 375 of the Administrative Code was introduced, requiring the registration of all religious groups and including language penalizing unregistered religious groups. Police have since justified several raids on religious meetings citing Article 375, resulting in harassment and imprisonment as well as reported beatings and torture. Actions late last year against unregistered Baptist pastors is an illustrative example. On October 27, 2001, Pastor Asylbek Nurdanov, a Baptist leader in the Kyzyl-Orda regional city of Kazalinsk, went to a police station after his church was raided for failing to register. Once there, he was reportedly severely beaten and stripped, with one officer attempting to strangle him with a belt. Another threatened to cut off his tongue with scissors if he did not renounce his faith. It was also reported that on November 10, Pastor Nurdanov was forcibly taken and detained in a psychiatric hospital in Kyzyl-Orda. While he was released on November 16, such abuse is unacceptable. Other reports of police harassment and detention of Baptist pastors who have not registered their faith communities also exist. For example, on September 25, 2001, the Aktobe public prosecutor initiated legal proceedings against Baptist Pastor Vasily Kliver on the charge of ``evading the registration of a religious community.'' In October, Baptist pastor Valery Pak was jailed in Kyzyl-Orda for five days on the same charge. These reports of harassment, torture and detention indicate a serious failure to uphold Kazakhstan's human rights commitments as an OSCE participating State. As is evident, our concerns about Kazakh authorities utilizing the proposed amendment's restrictive nature to harass, if not condemn, religious groups are borne out by past practice in Kazkahstan. Mr. Speaker, it is my hope that President Nazarbayev will honor the obligations his nation freely chose to uphold as a participating OSCE state and not sign the amendments into law. Mr. Speaker, I request that the text of the letter sent to President Nazarbayev last week be included in the Record. January 30, 2002. His Excellency Nursultan Nazarbayev, President of the Republic of Kazakhstan, Astana, Kazakhstan. Dear President Nazarbayev: The OSCE Advisory Panel of Experts on Freedom of Religion and Belief issued a review of the proposed amendments on January 16, 2002. The review found the proposed amendments, while an improvement from an earlier draft withdrawn in August 2001, seriously deficient in many respects. In addition, the OSCE Centre in Almaty has stated the current religion law meets international standards and found no justification for initiating the new provisions. Therefore, we believe the remarks contained in the OSCE Advisory Panel critique should be followed fully. Problematic areas include, but are not limited to, permitting the registration of Muslim groups and the building of mosques only after a recommendation of the Spiritual Administration of Muslims of Kazakhstan. In addition, the number of individuals required to form a religious association would increase from 10 to 50, regardless of religion. Furthermore, the proposed amendments would permit dissolution of a religious group should individual members of the group commit repeated violations of the law. Each of these examples would allow the government to arbitrarily deny registration, and thereby legal existence, on specious legal grounds not in harmony with OSCE commitments. Reportedly, your government's justification for the new requirements in the current amendments, which create hurdles for registration, is to combat religious extremism. Yet the definition of "religious extremism'' in the amendments is vague and inherently problematic, potentially categorizing and prohibiting groups on the basis of their beliefs, rather than on their having committed illegal actions. Such vague language would allow the arbitrary interpretation of a group's beliefs and uneven implementation of the law. Our fear of Kazakh authorities harshly employing new requirements against religious groups is not unfounded. While the existing religion law does not require registration of faith communities, Article 375 of the Administrative Code, a provision added last year, requires the registration of faith communities. Since the promulgation of that article, we have received several reports of unregistered groups being penalized through criminal sanctions, as well as individuals being beaten while in custody. The harassment, detention and beating of individuals for merely belonging to unregistered religious groups, as well as disproportionate criminal charges for an administrative violation, are in direct violation of OSCE commitments. In calling for these actions, we remind you of the 1991 Moscow Document in which the OSCE participating States declared that "issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern'' and "are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned.'' It is in this light that these requests are made. Last autumn, your government made a wise decision by choosing to honor its OSCE commitments and withdrawing the earlier version of the amendments. Recognizing the crucial importance that the very highest standards of religious freedom and human rights agreed to and proclaimed in various Helsinki documents be upheld, we respectfully urge you to take similar steps and not sign the amendments into law, should they pass the Senate without substantive modification. Sincerely, Ben Nighthorse Campbell, U.S.S. Chairman Christopher H. Smith, M.C. Co-Chairman Steny H. Hoyer, M.C.; Joseph R. Pitts, M.C.; Zach Wamp, M.C.; Robert B. Aderholt, M.C.; Alcee L. Hastings, M.C.; Louise McIntosh Slaughter, M.C.  

  • Alarming Developments for Religious Freedom in Kazakhstan

    Mr. Speaker, troubling amendments to the current Kazakh law on religion await President Nursultan Nazarbayev's signature to enter into force. Both the lower and upper houses of the Kazakh parliament passed the amendments without any substantive modifications. As a result, if President Nazarbayev signs the legislation into law during the ten-day window, Kazakhstan would seriously undermine its commitments as a participating State in the Organization for Security and Cooperation in Europe (OSCE) to ensure the freedom of the individual to profess and practice their religion or belief. Introduced without public consultation in late November 2001, the amendments passed the lower house on January 17 and the upper house on January 31 of this year. The sudden rush to passage was surprising. Kazakhstan had been working with the OSCE Advisory Panel of Experts for Freedom of Religion or Belief to craft a law in harmony with its OSCE commitments. In fact, an earlier draft heavily criticized by the Advisory Panel was withdrawn in August 2001. The Advisory Panel issued a report on the latest draft on January 16, 2002, highlighting serious deficiencies in the text. However, it appears little heed was given to their critique. Reportedly, the executive branch pushed vigorously for legislation providing stricter controls on minority religious groups, which would explain the rapid consideration. In response to these unfolding events, myself, Chairman Ben Nighthorse Campbell and six other Commissioners of the Commission on Security and Cooperation in Europe, the Helsinki Commission, wrote President Nazarbayev last week about these developments. The text of that letter, which I am submitting for the RECORD, highlights several, but not all problematic elements of the recently passed legislation. Of particular note are the increased hurdles for registration and vaguely worded articles, which could allow for arbitrary denials of registration for religious groups, and consequently their legal existence. Accordingly, there is great concern for the future of religious freedom in Kazakhstan, whether for Muslims or Christians. Mr. Speaker, in the letter we respectfully asked President Nazarbayev not to sign the amendments into law. Our concerns are not based on mere supposition; related laws and regulations have been utilized to suppress faith communities in Kazakhstan. For example, this past summer Article 375 of the Administrative Code was introduced, requiring the registration of all religious groups and including language penalizing unregistered religious groups. Police have since justified several raids on religious meetings citing Article 375, resulting in harassment and imprisonment as well as reported beatings and torture. Actions late last year against unregistered Baptist pastors is an illustrative example. On October 27, 2001, Pastor Asylbek Nurdanov, a Baptist leader in the Kyzyl-Orda regional city of Kazalinsk, went to a police station after his church was raided for failing to register. Once there, he was reportedly severely beaten and stripped, with one officer attempting to strangle him with a belt. Another threatened to cut off his tongue with scissors if he did not renounce his faith. It was also reported that on November 10, Pastor Nurdanov was forcibly taken and detained in a psychiatric hospital in Kyzyl-Orda. While he was released on November 16, such abuse is unacceptable. Other reports of police harassment and detention of Baptist pastors who have not registered their faith communities also exist. For example, on September 25, 2001, the Aktobe public prosecutor initiated legal proceedings against Baptist Pastor Vasily Kliver on the charge of "evading the registration of a religious community.'' In October, Baptist pastor Valery Pak was jailed in Kyzyl-Orda for five days on the same charge. These reports of harassment, torture and detention indicate a serious failure to uphold Kazakhstan's human rights commitments as an OSCE participating State. As is evident, our concerns about Kazakh authorities utilizing the proposed amendment's restrictive nature to harass, if not condemn, religious groups are borne out by past practice in Kazkahstan. Mr. Speaker, it is my hope that President Nazarbayev will honor the obligations his nation freely chose to uphold as a participating OSCE state and not sign the amendments into law. Mr. Speaker, I request that the text of the letter sent to President Nazarbayev last week be included in the Record.   January 30, 2002. His Excellency Nursultan Nazarbayev, President of the Republic of Kazakhstan, Astana, Kazakhstan.   Dear President Nazarbayev: The OSCE Advisory Panel of Experts on Freedom of Religion and Belief issued a review of the proposed amendments on January 16, 2002. The review found the proposed amendments, while an improvement from an earlier draft withdrawn in August 2001, seriously deficient in many respects. In addition, the OSCE Centre in Almaty has stated the current religion law meets international standards and found no justification for initiating the new provisions. Therefore, we believe the remarks contained in the OSCE Advisory Panel critique should be followed fully. Problematic areas include, but are not limited to, permitting the registration of Muslim groups and the building of mosques only after a recommendation of the Spiritual Administration of Muslims of Kazakhstan. In addition, the number of individuals required to form a religious association would increase from 10 to 50, regardless of religion. Furthermore, the proposed amendments would permit dissolution of a religious group should individual members of the group commit repeated violations of the law. Each of these examples would allow the government to arbitrarily deny registration, and thereby legal existence, on specious legal grounds not in harmony with OSCE commitments. Reportedly, your government's justification for the new requirements in the current amendments, which create hurdles for registration, is to combat religious extremism. Yet the definition of "religious extremism'' in the amendments is vague and inherently problematic, potentially categorizing and prohibiting groups on the basis of their beliefs, rather than on their having committed illegal actions. Such vague language would allow the arbitrary interpretation of a group's beliefs and uneven implementation of the law. Our fear of Kazakh authorities harshly employing new requirements against religious groups is not unfounded. While the existing religion law does not require registration of faith communities, Article 375 of the Administrative Code, a provision added last year, requires the registration of faith communities. Since the promulgation of that article, we have received several reports of unregistered groups being penalized through criminal sanctions, as well as individuals being beaten while in custody. The harassment, detention and beating of individuals for merely belonging to unregistered religious groups, as well as disproportionate criminal charges for an administrative violation, are in direct violation of OSCE commitments. In calling for these actions, we remind you of the 1991 Moscow Document in which the OSCE participating States declared that "issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern'' and "are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned.'' It is in this light that these requests are made. Last autumn, your government made a wise decision by choosing to honor its OSCE commitments and withdrawing the earlier version of the amendments. Recognizing the crucial importance that the very highest standards of religious freedom and human rights agreed to and proclaimed in various Helsinki documents be upheld, we respectfully urge you to take similar steps and not sign the amendments into law, should they pass the Senate without substantive modification. Sincerely, Ben Nighthorse Campbell, U.S.S. Chairman Christopher H. Smith, M.C. Co-Chairman Steny H. Hoyer, M.C.; Joseph R. Pitts, M.C.; Zach Wamp, M.C.; Robert B. Aderholt, M.C.; Alcee L. Hastings, M.C.; Louise McIntosh Slaughter, M.C.  

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