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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  • OSCE PA Delegation Trip Report

    Mr. President, I take this opportunity to provide a report to my colleagues on the successful congressional delegate trip last week to St. Petersburg, Russia, to participate in the Eighth Annual Parliamentary Assembly Session of the Organization for Security and Cooperation in Europe, known as the OSCE PA. As Co-chairman of the Helsinki Commission, I headed the Senate delegation in coordination with the Commission Chairman, Congressman Chris Smith. THE PARLIAMENTARY ASSEMBLY This year's congressional delegation of 17 members was the largest representation by any country at the proceedings and was welcomed as a demonstration of continued U.S. commitment to security in Europe. Approximately 300 parliamentarians from 52 OSCE participating states took part in this year's meeting of the OSCE Parliamentary Assembly. My objectives in St. Petersburg were to advance American interests in a region of vital security and economic importance to the United States; to elevate the issues of crime and corruption among the 54 OSCE countries; to develop new linkages for my home state of Colorado; and to identify concrete ways to help American businesses. CRIME AND CORRUPTION The three General Committees focused on a central theme: "Common Security and Democracy in the Twenty-First Century." I served on the Economic Affairs, Science, Technology and the Environment Committee which took up the issue of corruption and its impact on business and the rule of law. I sponsored two amendments that highlighted the importance of combating corruption and organized crime, offering concrete proposals for the establishment of high-level inter-agency mechanisms to fight corruption in each of the OSCE participating states. My amendments also called for the convening of a ministerial meeting to promote cooperation among these states to combat corruption and organized crime. My anti-corruption amendment was based on the premise that corruption has a negative impact on foreign investment, on human rights, on democracy building and on the rule of law. Any investor nation should have the right to expect anti-corruption practices in those countries in which they seek to invest. Significant progress has been made with the ratification of the new OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Under the OECD Convention, companies from the leading exporting nations will have to comply with certain ethical standards in their business dealings with foreign public officials. And, last July, the OSCE and the OECD held a joint conference to assess ways to combat corruption and organized crime within the OSCE region. I believe we must build on this initiative, and offered my amendment to urge the convening of a ministerial meeting with the goal of making specific recommendations to the member states about steps which can be taken to eliminate this primary threat to economic stability and security and major obstacle to U.S. businesses seeking to invest and operate abroad. My anti-crime amendment was intended to address the negative impact that crime has on our countries and our citizens. Violent crime, international crime, organized crime and drug trafficking all undermine the rule of law, a healthy business climate and democracy building. This amendment was based on my personal experiences as one of the only members of the United States Senate with a law enforcement background and on congressional testimony that we are witnessing an increase in the incidence of international crime, and we are seeing a type of crime which our countries have not dealt with before. During the opening Plenary Session on July 6, we heard from the Governor of St. Petersburg, Vladimir Yakolev, about how the use of drugs is on the rise in Russia and how more needs to be done to help our youth. On July 7, I had the opportunity to visit the Russian Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. I was impressed with the General's accomplishments and how many senior Russian officials are graduates of the university, including the Prime Minister, governors, and members of the Duma. General Salnikov and I discussed the OSCE's work on crime and drugs, and he urged us to act. The General stressed that this affects all of civilized society and all countries must do everything they can to reduce drug trafficking and crime. After committee consideration and adoption of my amendments, I was approached by Senator Jerry Grafstein from Canada who indicated how important it was to elevate the issues of crime and corruption in the OSCE framework. I look forward to working with Senator Grafstein and other parliamentarians on these important issues at future multilateral meetings. CULTURAL LINKAGES WITH COLORADO St. Petersburg is rich in culture and educational resources. This grand city is home to 1,270 public, private and educational libraries; 181 museums of art, nature, history and culture; 106 theaters; 52 palaces; and 417 cultural organizations. Our delegation visit provided an excellent opportunity to explore linkages between some of these resources with the many museums and performing arts centers in Colorado. On Thursday, July 8, I met with Tatyana Kuzmina, the Executive Director for the St. Petersburg Association for International Cooperation, and Natalia Koltomova, Senior Development Officer for the State Museum of the History of St. Petersburg. We learned that museums and the orchestras have exchanges in New York, Michigan and California. Ms. Kuzmina was enthusiastic about exploring cultural exchanges with Denver and other communities in Colorado. I look toward to following up with her, the U.S. Consulate in St. Petersburg, and leaders in the Colorado fine arts community to help make such cultural exchanges a reality. As proof that the world is getting smaller all the time, I was pleasantly surprised to encounter a group of 20 Coloradans on tour. In fact, there were so many from Grand Junction alone, we could have held a Town Meeting right there in St. Petersburg! In our conversations, it was clear we shared the same impressions of the significant potential that that city has to offer in future linkages with Colorado. I ask unanimous consent that a list of the Coloradans whom I met be printed in the Record following my remarks. HELPING AMERICAN BUSINESSES In the last Congress, I introduced the International Anti-Corruption Act of 1997 (S. 1200) which would tie U.S. foreign aid to how conducive foreign countries are to American businesses and investment. As I prepare to reintroduce this bill in the 106th Congress and to work on combating crime and corruption within the OSCE framework, I participated in a meeting of U.S. business representatives on Friday, July 9, convened by the Russian-American Chamber of Commerce, headquartered in Denver. We were joined by my colleagues, Senator Kay Baily Hutchison, Senator George Voinovich and my fellow Coloradan, Congressman Tom Tancredo. We heard first-hand about the challenges of doing business in Russia from representatives of U.S. companies, including Lockheed Martin Astronautics, PepsiCo, the Gillette Company, Coudert Brothers, and Colliers HIB St. Petersburg. Some issues, such as export licensing, counterfeiting and corruption are being addressed in the Senate. But, many issues these companies face are integral to the Russian business culture, such as taxation, the devaluation of the ruble, and lack of infrastructure. My colleagues and I will be following up on ways to assist U.S. businesses and investment abroad. In addition, on Wednesday, July 7, I participated in a meeting at the St. Petersburg Investment Center. The main focus of the meeting was the presentation of a replica of Fort Ross in California, the first Russian outpost in the United States, to the Acting U.S. Consul General on behalf of the Governor of California. We heard from Anatoly Razdoglin and Valentin Makarov of the St. Petersburg Administration; Slava Bychkov, American Chamber of Commerce in Russia, St. Petersburg Chapter; Valentin Mishanov, Russian State Marine Archive; and Vitaly Dozenko, Marine Academy. The discussion ranged from U.S. investment in St. Petersburg and the many redevelopment projects which are planned or underway in the city. CRIME AND DRUGS As I mentioned, on Wednesday, July 7, I toured the Russia Police Training Academy at St. Petersburg University and met with General Victor Salnikov, the Chief of the University. This facility is the largest organization in Russia which prepares law enforcement officers and is the largest law institute in the country. The University has 35,000 students and 5,000 instructors. Among the law enforcement candidates, approximately 30 percent are women. The Police Training Academy has close contacts with a number of countries, including the U.S., France, Germany, the United Kingdom, Finland, Israel and others. Areas of cooperation include police training, counterfeiting, computer crimes, and programs to combat drug trafficking. I was informed that the Academy did not have a formal working relationship with the National Institute of Justice, the research and development arm of the U.S. Department of Justice which operates an extensive international information-sharing program. I intend to call for this bilateral linkage to facilitate collaboration and the exchange of information, research, and publications, which will benefit law enforcement in both countries that fight crime and drugs. U.S.-RUSSIA RELATIONS In addition to the discussions in the plenary sessions of the OSCE Parliamentary Assembly, we had the opportunity to raise issues of importance in a special bilateral meeting between the U.S. and Russia delegations on Thursday morning, July 8. Members of our delegation raised issues including anti-Semitism in the Duma, developments in Kosovo, the case of environmental activist Aleksandr Nikitin, the assassination of Russian Parliamentarian Galina Starovoitova, and the trafficking of women and children. As the author of the Senate Resolution condemning anti-Semitism in the Duma (S. Con. Res. 19), I took the opportunity of this bilateral session to let the Russian delegation, including the Speaker of the State Duma, know how seriously we in the United States feel about the importance of having a governmental policy against anti-Semitism. We also stressed that anti-Semitic remarks by their Duma members are intolerable. I look forward to working with Senator HELMS to move S. Con. Res. 19 through the Foreign Relations Committee to underscore the strong message we delivered to the Russians in St. Petersburg. We had the opportunity to discuss the prevalence of anti-Semitism and the difficulties which minority religious organizations face in Russia at a gathering of approximately 100 non-governmental organizations (NGOs), religious leaders and business representatives, hosted by the U.S. Delegation on Friday, July 9. We heard about the restrictions placed on religious freedoms and how helpful many American non-profit organizations are in supporting the NGO's efforts. I am pleased to report that the U.S. Delegation had a significant and positive impact in advancing U.S. interests during the Eighth OSCE Parliamentary Assembly Session in St. Petersburg. To provide my colleagues with additional information, I ask unanimous consent that my formal report to Majority Leader Lott be printed in the Record following my remarks. Exhibit No. 1 Coloradans in St. Petersburg, Russia Iva Allen, Grand Junction. Kay Coulson, Grand Junction. Inez Dodson, Grand Junction. Isabel Downing, Grand Junction. Terry Eakle, Greeley. Betty Elliott, Grand Junction. Dorothy Evans, Grand Junction. Kay Hamilton, Grand Junction. Helen Kauffman, Grand Junction. Nancy Koos, Denver. Dick and Jay McElroy, Grand Junction. Lyla Michaels, Glenwood Springs. Carol Mitchell, Grand Junction. Neal and Sonya Morris, Grand Junction. Pat Oates, Grand Junction. Kawna Safford, Grand Junction. Phyllis Safford , Grand Junction. Dorothy Smith, Grand Junction. Irene Stark, Montrose.   Exhibit No. 2 COMMISSION ON SECURITY AND COOPERATION IN EUROPE Washington, DC July 14, 1999 Hon. TRENT LOTT Majority Leader United States Senate Washington, DC Dear Senator Lott: I am pleased to report to you on the work of the bipartisan congressional delegation which I co-chaired that participated in the Eighth Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE), hosted by the Russian Parliament, the Federation Council and the State Duma, in St. Petersburg, July 6-10, 1999. Other participants from the United States Senate were Senator Hutchison of Texas and Senator Voinovich. We were joined by 14 Members of the House: Rep. Smith, Rep. Hoyer, Rep. Sabo, Rep. Kaptur, Rep. Cardin, Rep. Sawyer, Rep. Slaughter, Rep. Stearns, Rep. Tanner, Rep. Danner, Rep. Hastings of Florida, Rep. Salmon, Rep. Cooksey, and Rep. Tancredo. The combined U.S. delegation of 17, the largest representation by any country in St. Petersburg was welcomed by others as a demonstration of the continued commitment of the United States, and the U.S. Congress, to Europe. This year's Assembly brought together nearly 300 parliamentarians from 52 OSCE participating States. Seven countries, including the Russian Federation, were represented at the level of Speaker of Parliament or President of the Senate. The Assembly continued to recognize the democratically elected parliament of Belarus which President Lukashenka dissolved following his illegal power grab in 1996. The inaugural ceremony included a welcoming address by the Speaker of the State Duma, Gennady Seleznev, and the Governor of St. Petersburg, Vladimir Yakovlev. The President of the Assembly, Ms. Helle Degn of Denmark, presided. The theme for the St. Petersburg Assembly was “Common Security and Democracy in the Twenty-First Century.” Foreign Minister Knut Vollenback of Norway addressed the Assembly in his capacity of OSCE Chairman-in-Office to report on the organization's activities, particularly those relating to post-conflict rehabilitation and reconstruction in Kosovo. Vollenbaek urged the Parliamentary Assembly and its members to play an active role in promoting human rights, democracy, and the rule of law in Kosovo. Considerable attention was given to the Stability Pact for Southeastern Europe throughout the discussions on Kosovo. Members of the U.S. delegation actively participated in a special plenary session on Kosovo and contributed to a draft resolution concerning the situation in Kosovo. The delegation was successful in securing adoption of several amendments; underscoring the legal obligation of State to cooperate with the International Tribunal for the Former Yugoslavia; granting access to all prisoners by the International Committee on the Red Cross; extending humanitarian assistance to other parts of the Federal Republic of Yugoslavia; and supporting democracy in Serbia and Montenegro. Senator Voinovich introduced a separate resolution stressing the urgent need to support infrastructure projects which would benefit neighboring countries in the Balkans region. This resolution was widely supported and adopted unanimously. Work in the Assembly's three General Committee: Political Affairs and Security; Economic Affairs, Science, Technology and Environment; and Democracy, Human Rights and Humanitarian Questions, focused on the central theme: “Common Security and Democracy in the Twenty-First Century.” During discussion in the General Committee on Political Affairs and Security, the U.S. pressed for greater transparency with respect to OSCE activities in Vienna, urging that meetings of the Permanent Council be open to the public and media. Considerable discussion focused on the Assembly's long-standing recommendation to modify the consensus rule that governs all decisions taken by the OSCE. During the closing session Rep. Hastings was unanimously elected committee Vice Chairman. Members offered several amendments to the draft resolution considered by the General Committee on Economic Affairs, Science, Technology and Environment. Two amendments that I sponsored focused on the importance of combating corruption and organized crime, offering concrete proposals for the establishment of high-level inter-agency corruption-fighting mechanisms in each of the OSCE participating States as well as the convening of a ministerial meeting to promote cooperation among these States to combat corruption and organized crime. Other amendments offered by the delegation, and adopted, highlighted the importance of reform of the agricultural sector, bolstering food security in the context of sustainable development, and regulation of capital and labor markets by multilateral organizations. The Rapporteur's report for the General Committee on Democracy, Human Rights and Humanitarian Questions focused on the improvement of the human rights situation in the newly independent states. Amendments proposed by the U.S. delegation, and adopted by the Assembly, stressed the need for participating States to fully implement their commitments to prevent discrimination on the grounds of religion or belief and condemned statements by parliamentarians of OSCE participating States promoting or supporting racial or ethnic hatred, anti-Semitism and xenophobia. Other U.S. amendments that were adopted advocated the establishment of permanent Central Election Commissions in emerging democracies and emphasized the need for the Governments of the OSCE participating States to act to ensure that refugees and displaced persons have the right to return to their homes and to regain their property or receive compensation. Two major U.S. initiatives in St. Petersburg were Chairman Smith's resolution on the trafficking of women and children for the sex trade and Rep. Slaughter's memorial resolution on the assassination of Galina Starovoitova, a Russian parliamentarian and an outspoken advocate of democracy, human rights and the rule of law in Russia who was murdered late last year. The trafficking resolution appeals to participating States to create legal and enforcement mechanisms to punish traffickers while protecting the rights of the trafficking victims. The resolution on the assassination called on the Russian Government to use every appropriate avenue to bring Galina Starovoitova's murders to justice. Both items received overwhelming support and were included in the St. Petersburg Declaration adopted during the closing plenary. An ambitious series of bilateral meetings were held between Members of the U.S. delegation and representatives from the Russian Federation, Ukraine, Turkey, France, Romania, Kazakhstan, Uzbekistan, Armenian, Canada, and the United Kingdom. While in St. Petersburg, the delegation met with Aleksandr Nikitin, a former Soviet navy captain being prosecuted for his investigative work exposing nuclear storage problems and resulting radioactive contamination in the area around Murmansk. In addition, the delegation hosted a reception for representatives of non-governmental organizations and U.S. businesses active in the Russian Federation. Elections for officers of the Assembly were held during the final plenary. As. Helle Degn of Denmark was re-elected President. Mr. Bill Graham of Canada was elected Treasurer. Four of the Assembly's nine Vice-Presidents were elected: Mr. Claude Estier (France), Mr. Bruce George (U.K.), Mr. Ihor Ostach (Ukraine), and Mr. Tiit Kabin (Estonia). Rep Hoyer's current term as Vice-President runs through 2001. Enclosed is a copy of the St. Petersburg Declaration adopted by participants at the Assembly's closing session. Finally, the Standing Committee agreed that the Ninth Annual Session of the OSCE Parliamentary Assembly will be held next July in Bucharest, Romania. Sincerely, Ben Nighthorse Campbell, U.S.S., Co-Chairman

  • The Sex Trade: Trafficking of Women and Children in Europe and the United States

    This Commission examined an escalating human rights problem in the OSCE region: the trafficking of women and children for the purpose of sexual exploitation. Trafficking in human beings is a form of modern-day slavery. When a woman or child is trafficked or sexually exploited by force, fraud, or coercion for commercial gain, she is denied the most basic human rights enumerated in the Universal Declaration of Human Rights and numerous international human rights agreements. Although trafficking has been a problem for many years in Asian countries, it was not until the end of communism in East-Central Europe and the break-up of the Soviet Union that a sex trade in the OSCE region began to develop. The hearing looked into the U.S. and the global response to this appalling human challenge and what else could be done to address it.

  • Administration Certification of Russia Regarding Religious Freedom

    Mr. Speaker, through Public Law 105-292, the International Religious Freedom Act, Congress is on record as standing for religious liberty throughout the world. Furthermore, Public Law 105-177, the foreign appropriations legislation passed in the 105th Congress, mandates that no foreign aid money be appropriated to the Government of the Russian Federation if the President determines that the Russian government has implemented legislation or regulations that discriminate, or cause discrimination, against religious groups or religious communities in Russia in violation of accepted international agreements on human rights and religious freedoms to which the Russian Federation is a party. This provision was in response to the 1997 Russian Law on Freedom of Conscience and Religious Associations, which many feared would lead to limitations on religious worship and a retreat from the standards of religious freedom that had been achieved in Russia following the dissolution of the Soviet Union.   This year, for the second year in a row, the President has made the determination that the Government of the Russian Federation has not implemented legislation or regulations that cause such discrimination against religious groups. The Presidential Determination states “During the period under review, the Government of the Russian Federation has applied the 1997 Law on Religion in a manner that is not in conflict with its international obligations on religious freedom. However, this issue requires continued and close monitoring as the Law on Religion furnishes regional officials with an instrument that has been interpreted and used by officials at the local level to restrict the activities of religious minorities.” Furthermore, the Presidential Determination states, “To the extent that restrictions on the rights of religious minorities have occurred, they have been the consequence of actions taken by regional or local officials and do not appear to be a manifestation of federal government policy. Such incidents, while they must be taken seriously, represent a relatively small number of problems when viewed against the size of the country and the number of religious organizations.”   Mr. Speaker, I believe that the above statements are a reasonably accurate representation of the religious liberty situation in Russia and that the Presidential Determination is probably a fair one, given the lack of firm legal structure and the geopolitical situation in the present-day Russian Federation. Moreover, some of the most egregious instances of restrictions against religious groups in Russia have been corrected through court action. And to be fair, Russia is hardly the worst offender in the former Soviet Union.   In Turkmenistan, for instance, religious groups are required to have five-hundred members before they can be legally registered with the government to operate openly. It is a ridiculously high number and has resulted in harassment of unregistered religious groups. Of course, unlike Russia, the Government of Turkmenistan doesn't claim to be much of a democracy or go out of its way to adhere to international standards of human rights.   In Uzbekistan, the 1998 law imposes severe criminal penalties for meeting without registering and for engaging in free religious expression with the intent to persuade the listener to another point of view, in violation of OSCE religious liberty commitments. Since February 1999, several pastors in Uzbekistan have been detained and jailed on charges of drug possession eerily reminiscent of charges brought in years past against Soviet religious dissidents. These comparisons, however, do not change the fact that there are still several problems in the area of religious liberty in Russia that should be noted and corrected, especially if a considerable sum of U.S. taxpayer money still continues to go to Russia. In the East-West Church & Ministry Report of Winter 1999, Mark Elliot and Sharyl Corrado of the Institute for East-West Christian Studies write: Implementation of the 1997 law to date has been uneven. At least in the short run, a number of factors appear to have worked against consistently harsh application . ..... Still life since the passage of the law has not been easy for many who wish to worship outside the folds of the Moscow (Russian Orthodox) Patriarchate. The first 15 months of the new law included at least 69 specific instances of state harassment, restriction or threat of restriction against non-Moscow Patriarchate religious communities in the Russian Republic. For instance, I wonder if it was a coincidence that a few days after the Presidential Determination, the Russian Federation Ministry of Justice rejected the application of the Society of Jesuits for official registration. For that matter, most of the property seized by the Communists from the Roman Catholic Church in Russia has not been restored. In the city of Moscow, which is considered a liberal jurisdiction, the Jehovah's Witnesses have been subjected to a protracted trial that threatens to return them to “underground” status.   In Stavropol, the local Moslem community has not only been refused the return of a mosque that had been seized by the Communists, but also been prevented from holding worship services in other quarters. A provincial official justified this policy by saying that Moslems only make up 10 percent of the population in the city. These are only a few of the most prominent cases of concern. In rural areas, local officials attempt to hinder worship activities by a number of subterfuges, ranging from the refusal to rent city property to religious groups without their own premises to outright threats and eviction of missionaries.   Therefore, while I believe the Presidential Determination is, by and large, acceptable at this time, I would emphasize the reference to ``continued and close monitoring'' of the situation. In my opinion, the Administration has done a good job of monitoring the Russian religious liberty situation, and I trust these efforts will continue. As Chairman of the Commission on Security and Cooperation in Europe, I urge the Russian government to take every appropriate step to see that religious freedom is a reality for all in Russia, and I know the Congress will continue to follow this issue closely.

  • Democratization and Human Rights in Kazakhstan

    This hearing reviewed the democratization process, human rights, and religious liberty in Kazakhstan. This was one in a series that the Helsinki Commission has held on Central Asia. The hearing focused on Kazakhstan for two reasons: first, the country held a presidential election, almost 2 years ahead of schedule. The OSCE’s Office of Democratic Institutions and Human Rights, used unusually strong language, and criticized the conduct of the election as far short of meeting OSCE commitments. The witnesses gave testimony surrounding the legal obstacles in the constitution of Kazakhstan and other obstacles that the authoritarian voices in the government use to suppress opposition.

  • Concerning Anti-Semitic Statements by Members of the Duma of the Russian Federation

    Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 37) concerning anti-Semitic statements made by members of the Duma of the Russian Federation, as amended. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, H. Con. Res. 37 condemns anti-Semitic statements made by members of the Russian Duma and commends actions taken by fair-minded members of the Duma to censure the purveyors of anti-Semitism within their ranks. H. Con. Res. 37 further commends President Yeltsin and other members of the Russian Government for their rejection of such statements. Finally, this resolution reiterates the firm belief of the Congress that peace and justice cannot be achieved as long as governments and legislatures promote policies or let stand destructive remarks based on anti-Semitism, racism, and xenophobia.   Mr. Speaker, with the fall of the ruble last August and the associated economic problems in Russia, there has been a disturbing rise in anti-Semitic statements by high Russian political figures. Unfortunately, anti-Semitism has always had a certain following in Russia; and it would be disingenuous of us to suggest that there is no anti-Semitism in the United States or other parts of the world. But I believe we cannot remain silent when members of the national legislature of Russia, a participating state of the OSCE and the Council of Europe, should state at a Duma hearing, as did the chairman of the Duma Security Committee, Mr. Ilyukhin, that Russian President Yeltsin's “Jewish entourage” is responsible for alleged genocide against the Russian people. It is an affront to human decency that Duma member and retired General Albert Makashov, speaking twice in November 1998 at public rallies, should refer to “the Yids” and other “reformers and democrats” as responsible for Russia's problems and threaten to make a list and “send them to the other world.”   Mr. Speaker, this man, and I have seen a tape recording of him, as a matter of fact I played it at a Helsinki Commission hearing that I chaired last January, has said, “We will remain anti-Semites and we must triumph.” These are dangerous, hate-filled sentiments. Mr. Speaker, it should be noted and clearly stated that President Yeltsin and his government have condemned anti-Semitism and other expressions of ethnic and religious hatred. There have been attempts in the Duma to censure anti-Semitic statements and those who utter them. However, the Duma is controlled, as we all know, by the Communist Party, where anti-Semitic statements are either supported, or at least tolerated, and these attempts to censure have failed. So we must go on the record and censure. In fact, Communist Party Chairman Zyuganov has tried to rationalize anti-Semitic statements by fellow party members. He explains that the party has nothing against Jews, just Zionism. He has also stated that there will be no more anti-Semitic statements by General Makashov. But this is the same Mr. Zyuganov who has asserted that, and I quote, “too many people with strange-sounding family names mingle in the internal affairs of Russia.” And this is the party that claims to inherit that internationalist mantle of the old Communist Party.   Mr. Speaker, on January 15 of this year, I chaired a Helsinki Commission hearing regarding human rights in Russia, at which time we heard testimony by Lyuda Alexeeva, a former Soviet dissident and chairperson of the Moscow Helsinki Group. She testified that the Russian people themselves are not anti-Semitic but that the Communist Party is tolerating this crude attitude among its ranks. She called upon parliamentarians throughout the world to protest in no uncertain terms the position of the Communist Party and its anti-Semitic leaders. Let us make that a priority for us today, to censure, to speak out so that the democratic forces in Russia, the decent people who are trying to create a civil society in Russia, are not silenced by these demagogues of hate. I urge strong support for this resolution. We must go on record. Mr. Speaker, I reserve the balance of my time.

  • The Serbia and Montenegro Democracy Act of 1999

    Mr. Speaker, today I am introducing the Serbia and Montenegro Democracy Act of 1999, a bill which will target much needed assistance to democratic groups in Serbia and Montenegro. I am joined by Representatives Ben Gilman, Steny Hoyer, John Porter, Dan Burton, Eliot Engel, Dana Rohrabacher, Louise Slaughter and Jim Moran, all strong promoters of human rights worldwide and the original cosponsors of this Act. It is fitting that this important piece of legislation be introduced today, as a high-level envoy for the United States is in Belgrade to seek the blessing of Yugoslav President Slobodan Milosevic for a political settlement which hopefully will restore peace to the troubled region of Kosovo. We are dealing directly with the man most responsible for the conflict in Kosovo, not to mention Bosnia and Croatia. Milosevic has maintained his power from within Serbia throughout the 1990s at the cost of 300,000 lives and the displacement of 3 million people. He has relied on virulent Serbian nationalism to instigate conflict which will divide the people of the region for decades. The most fundamental flaw in U.S. policy toward the region is that it relies on getting Milosevic's agreement, when Milosevic simply should be forced to stop his assaults on innocent civilians. It relies on Milosevic's dictatorial powers to implement an agreement, undermining support for democratic alternatives. In short, U.S. policy perpetuates Milosevic's rule and ensures that more trouble will come to the Balkans. There can be no long-term stability in the Balkans without a democratic Serbia. Moreover, we need to be clear that the people of Serbia deserve the same rights and freedoms which other people in Europe enjoy today. They also deserve greater prosperity. Milosevic and his criminal thugs deny the same Serbian people they claim to defend these very rights, freedoms and economic opportunities. Independent media is repeatedly harassed, fined and sometimes just closed down. University professors are forced to take a ridiculous loyalty oath or are replaced by know-nothing party hacks. The regime goes after the political leadership of Montenegro, which is federated with Serbia in a new Yugoslav state but is undergoing democratic change itself. The regime goes after the successful Serb-American pharmaceutical executive Milan Panic, seizing his company's assets in Serbia to intimidate a potentially serious political rival and get its hands on the hard currency it desperately needs to sustain itself. The regime also goes after young students, like Boris Karajcic, who was beaten on the streets of Belgrade for his public advocacy of academic freedom and social tolerance. Building a democracy in Serbia will be difficult, and it is largely in the hands of those democratic forces within Serbia to do the job. However, given how the regime has stacked the situation against them, through endless propaganda, harassment and violence, they need help. This Act intends to do just that. It would allocate $41 million in various sectors of Serbian society where democratic forces can be strengthened, and to encourage further strengthening of these forces in neighboring Montenegro. It would ensure that this funding will, in fact, go to these areas, in contrast to the Administration's budget request which indicates that much of this funding could be siphoned off to implement a peace agreement in Kosovo. Another $350,000 would go to the Organization for Security and Cooperation in Europe and its Parliamentary Assembly, which could provide assistance on a multilateral basis and demonstrate that Serbia can rejoin Europe, through the OSCE, once it moves in a democratic direction and ends its instigation of conflict. This Act also states what policy toward Serbia and Montenegro must be: to promote the development of democracy and to support those who are committed to the building of democratic institutions, defending human rights, promoting rule of law and fostering tolerance in society. This funding, authorized by the Support for East European Democracy Act of 1989, represents a tremendous increase for building democratic institutions in Serbia and Montenegro. This fiscal year, an anticipated $25 million will be spent, but most of that is going to Kosovo. The President's budget request for the next fiscal year is a welcome $55 million, but, with international attention focused on Kosovo, too much of that will likely go toward implementing a peace agreement. Make no mistake, I support strongly assistance for Kosovo. I simply view it as a mistake to get that assistance by diverting it from Serbia and Montenegro. We have spent billions of dollars in Bosnia and will likely spend at least hundreds of millions more in Kosovo, cleaning up the messes Milosevic has made. The least we can do is invest in democracy in Serbia, which can stop Milosevic from making more problems in the future. Building democracy in Serbia will be difficult, given all of the harm Milosevic has done to Serbian society. The opposition has traditionally been weak and divided, and sometimes compromised by Milosevic's political maneuvering. There are signs, however, the new Alliance for Change could make a difference, and there certainly is substantial social unrest in Serbia from which opposition can gain support. In addition, there are very good people working in human rights organizations, and very capable independent journalists and editors. The independent labor movement has serious potential to gain support, and the student and academic communities are organized to defend the integrity of the universities. Simply demonstrating our real support for the democratic movement in Serbia could convince more people to become involved. Finally, Montenegro's democratic changes in the last year place that republic in a difficult position. A federation in which one republic is becoming more free and open while the other, much larger republic remains repressive and controls federal institutions cannot last for long, yet Montenegrins know they could be the next victims of Milosevic. It would be a mistake to leave those building a democracy in Montenegro out on that limb. They need our support as well. In conclusion, Mr. Speaker, I am today introducing the Serbia and Democracy Act of 1999 because I feel our country's policy in the Balkans has all too long been based on false assumptions about the region. Granted, social tensions, primarily based on ethnic issues, were bound to have plagued the former Yugoslavia, but it is an absolute fact that violence could have been avoided if Slobodan Milosevic did not play on those tensions to enhance his power. As we prepare to debate the sending of American forces to Kosovo to keep a peace which does not yet exist, we must address the root cause of the conflict in the former Yugoslavia from 1991 to today. This Act, Mr. Speaker, does just that, and I urge my colleagues to support its swift and overwhelming passage by the House. The Senate is working on similar legislation, and hopefully the Congress can help put U.S. policy back on the right track.

  • Politically Motivated Arrests in Belarus

    Mr. Speaker, I rise today to decry the growing litany of repressive measures undertaken by the Government of Belarus against the opposition, especially against members of the opposition's Central Electoral Commission (CEC). Earlier this year, the legitimate Belarusian parliament, the 13th Supreme Soviet, disbanded by president Alexander Lukashenka after the illegal constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16 and set up a Central Election Commission to conduct these elections.   According to the 1994 constitution, which most of the international community recognizes as legitimate, Lukashenka's term expires in July. Lukashenka has rejected calls for a presidential election and is clearly attempting to neutralize democratic opposition to his authoritarian rule. The most egregious crackdown in recent weeks was the sentencing of CEC chairman Viktor Hanchar, to 10 days “administrative detention.” Hanchar suffered some injuries when he was detained and treated roughly by police. He was not given access to his lawyer, Hari Pahanyayla, and his wife was not permitted to see him. A few days earlier, on February 25, fifteen members of the CEC were arrested by police in a café where they were meeting and discussing reports from local election commissions. Special police did not have a warrant and prevented the videotaping of the arrest by Russian television. Five-day detentions or heavy fines were meted out to several CEC members, including Boris Gyunter, Anatoly Gurinovich, Sergei Obodovsky, Iosif Naumchik, Algimantas Dzyarginchus, Alexander Koktysh, Nikolay Pohabov, Valery Sidorenko and Leonid Zakurdayev. Additionally, warnings have been issued to several members of regional opposition elections committees, such as Iosif Naumchik in Vitebsk and Sergei Abadowski in Mogilev. According to Radio Liberty, in Zhodzina, Miensk region, local authorities have begun intimidating people who joined or elected opposition regional election commissions. In Gomel, several opposition activists have been summoned and questioned about their role in the organization of the May presidential elections scheduled by the opposition. Police had seized leaflets about these elections at the office of the Gomel branch of the Belarusian Helsinki Committee.   The repression of the opposition's elections committees is part of a longstanding pattern of Lukashenka's assault on democratic institutions and his campaign to stifle dissent in Belarus. On February 14, 20 students were arrested by police in Miensk for violating street demonstration laws. Among them, Yevgeny Skochko was sentenced to 10 days in jail, Victor Antonov to 5 days in jail, and Kazimir Kuchun and Ilya Banel were fined. Other opposition activists in Gomel and Borisov have been tried for unsanctioned demonstrations over the last few months. Two young workers in Gomel, for instance, were sentenced to 3 days administrative detention for holding an unsanctioned march. According to Reuters, the men were returning from a disco late in the evening and waving banners, which they were bringing home to wash. Earlier in the month, on February 5, members of the human rights movement Charter '97 were attacked and beaten in Miensk by members of the fascist Russian National Unity party. Andrei Sannikov, the Charter's international coordinator and former deputy foreign minister of Belarus was beaten unconscious. According to the International League for Human Rights a few days later, President Lukashenka trivialized the incident on Belarusian television, saying: “They say that some fascists have appeared in Miensk and have beaten somebody up. Do you know who they have beaten? Other fascists.” On February 27, several thousand marchers participated in a peaceful anti-fascist demonstration in Miensk. Organizers of the demonstration, Ales Bilyatsky who was sentenced to 10 days administrative detention and Oleg Volchek who was given a stiff fine, were cited for committing administrative offenses.   In late January, Lukashenka signed a decree ordering political parties, public organizations and trade unions to re-register during the period February 1 and July 1. The re-registration process includes a variety of onerous stipulations which would have the effect of weakening the NGOs and political parties. On February 17, the Lukashenka-controlled State Press Committee threatened six independent newspapers with closure if they continued to publish information about the opposition's presidential election plans in May, charging them with “calling for the seizure of power in Belarus.” On March 2, police searched the offices of one of the six independent newspapers, “Pahonya” in Hrodno, confiscating political cartoons and letters from readers.   Clearly, political tensions are increasing in Belarus, and the divide between the authoritarian president and the democratic opposition is widening. Mr. Lukashenka and his minions should cease and desist their campaign to harass journalists, to drain and demoralize individuals and organizations in the opposition through administrative fines and detentions, and to forcefully squelch the right to the freedoms of expression and of assembly. Continued harassment of the opposition will only aggravate the current constitutional crisis in Belarus and most certainly will not serve to promote reconciliation between the government and opposition. Mr. Speaker, it is imperative that the international community continue to speak out on behalf of those whose rights are violated, and that we continue to support the restoration of democracy and rule of law in Belarus.

  • Politically Motivated Arrests in Belarus

    Mr. Speaker, I rise today to decry the growing litany of repressive measures undertaken by the Government of Belarus against the opposition, especially against members of the opposition's Central Electoral Commission (CEC). Earlier this year, the legitimate Belarusian parliament, the 13th Supreme Soviet, disbanded by president Alexander Lukashenka after the illegal constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16 and set up a Central Election Commission to conduct these elections.   According to the 1994 constitution, which most of the international community recognizes as legitimate, Lukashenka's term expires in July. Lukashenka has rejected calls for a presidential election and is clearly attempting to neutralize democratic opposition to his authoritarian rule. The most egregious crackdown in recent weeks was the sentencing of CEC chairman Viktor Hanchar, to 10 days “administrative detention.” Hanchar suffered some injuries when he was detained and treated roughly by police. He was not given access to his lawyer, Hari Pahanyayla, and his wife was not permitted to see him. A few days earlier, on February 25, fifteen members of the CEC were arrested by police in a café where they were meeting and discussing reports from local election commissions. Special police did not have a warrant and prevented the videotaping of the arrest by Russian television. Five-day detentions or heavy fines were meted out to several CEC members, including Boris Gyunter, Anatoly Gurinovich, Sergei Obodovsky, Iosif Naumchik, Algimantas Dzyarginchus, Alexander Koktysh, Nikolay Pohabov, Valery Sidorenko and Leonid Zakurdayev. Additionally, warnings have been issued to several members of regional opposition elections committees, such as Iosif Naumchik in Vitebsk and Sergei Abadowski in Mogilev. According to Radio Liberty, in Zhodzina, Miensk region, local authorities have begun intimidating people who joined or elected opposition regional election commissions. In Gomel, several opposition activists have been summoned and questioned about their role in the organization of the May presidential elections scheduled by the opposition. Police had seized leaflets about these elections at the office of the Gomel branch of the Belarusian Helsinki Committee.   The repression of the opposition's elections committees is part of a longstanding pattern of Lukashenka's assault on democratic institutions and his campaign to stifle dissent in Belarus. On February 14, 20 students were arrested by police in Miensk for violating street demonstration laws. Among them, Yevgeny Skochko was sentenced to 10 days in jail, Victor Antonov to 5 days in jail, and Kazimir Kuchun and Ilya Banel were fined. Other opposition activists in Gomel and Borisov have been tried for unsanctioned demonstrations over the last few months. Two young workers in Gomel, for instance, were sentenced to 3 days administrative detention for holding an unsanctioned march. According to Reuters, the men were returning from a disco late in the evening and waving banners, which they were bringing home to wash. Earlier in the month, on February 5, members of the human rights movement Charter '97 were attacked and beaten in Miensk by members of the fascist Russian National Unity party. Andrei Sannikov, the Charter's international coordinator and former deputy foreign minister of Belarus was beaten unconscious. According to the International League for Human Rights a few days later, President Lukashenka trivialized the incident on Belarusian television, saying: “They say that some fascists have appeared in Miensk and have beaten somebody up. Do you know who they have beaten? Other fascists.” On February 27, several thousand marchers participated in a peaceful anti-fascist demonstration in Miensk. Organizers of the demonstration, Ales Bilyatsky who was sentenced to 10 days administrative detention and Oleg Volchek who was given a stiff fine, were cited for committing administrative offenses.   In late January, Lukashenka signed a decree ordering political parties, public organizations and trade unions to re-register during the period February 1 and July 1. The re-registration process includes a variety of onerous stipulations which would have the effect of weakening the NGOs and political parties. On February 17, the Lukashenka-controlled State Press Committee threatened six independent newspapers with closure if they continued to publish information about the opposition's presidential election plans in May, charging them with “calling for the seizure of power in Belarus.” On March 2, police searched the offices of one of the six independent newspapers, “Pahonya” in Hrodno, confiscating political cartoons and letters from readers.   Clearly, political tensions are increasing in Belarus, and the divide between the authoritarian president and the democratic opposition is widening. Mr. Lukashenka and his minions should cease and desist their campaign to harass journalists, to drain and demoralize individuals and organizations in the opposition through administrative fines and detentions, and to forcefully squelch the right to the freedoms of expression and of assembly. Continued harassment of the opposition will only aggravate the current constitutional crisis in Belarus and most certainly will not serve to promote reconciliation between the government and opposition. Mr. Speaker, it is imperative that the international community continue to speak out on behalf of those whose rights are violated, and that we continue to support the restoration of democracy and rule of law in Belarus.

  • Civil Society, Democracy, and Markets in East Central Europe and the NIS: Problems and Perspectives

    This briefing, led by Chief of Staff Dorothy Douglas Taft, was prompted by the book Nations in Transit 1998, a study and analysis of 25 post-Communist countries which supported the monitoring of the region’s adherence to the Helsinki Accords. Questions included in the report were organized in the categories of political processes, civil society, independent media, the rule of law, governance and pubic administration, macro-economic policy, micro-economic policy, and privatization. The witnesses - Adrian Karatnycky, Professor Alexander Motyl, and E. Wayne Merry - discussed the document and interpreted some of the political and economic trends in the region. They expanded upon some of the insights provided in the book and analyzed the region’s progress, reflecting on their own experiences working with the Soviet Union.

  • 1999: A Critical Year for Belarus

    Mr. Speaker, last month, a Congress of Democratic Forces was held in Minsk, the capital of Belarus. The Congress demonstrated the resolve of the growing democratic opposition to authoritarian President Alyaksandr Lukashenka and the determination by the opposition to have free, democratic elections consistent with the legitimate 1994 constitution.   Earlier last month, on January 10, members of the legitimate Belarusian parliament, disbanded by Lukashenka after the illegal 1996 constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16. According to the 1994 constitution, Lukashenka's term expires in July. Not surprisingly, Lukashenka rejects calls for a presidential election. Local elections are currently being planned for April, although many of the opposition plan not to participate, arguing that elections should be held only under free, fair and transparent conditions, which do not exist at the present time. Indeed, the law on local elections leaves much to be desired and does not provide for a genuinely free and fair electoral process.   The local elections and opposition efforts to hold presidential elections must be viewed against the backdrop of a deteriorating economic situation. One of the resolutions adopted by the Congress of Democratic Forces accuses Lukashenka of driving the country to “social tensions, international isolation and poverty.” As an example of the heightening tensions, just last weekend, Andrei Sannikov, the former deputy minister of Belarus and a leader of the Charter '97 human rights group, was brutally assaulted by members of a Russian-based ultranationalist organization. Additionally, Lukashenka's moves to unite with Russia pose a threat to Belarus' very sovereignty. Thus, Mr. Speaker, this year promises to be a critical year for Belarus.   Recently, a staff delegation of the (Helsinki) Commission on Security and Cooperation in Europe, which I chair, traveled to Belarus, raising human rights concerns with high-ranking officials, and meeting with leading members of the opposition, independent media and nongovernmental organizations. The staff report concludes that the Belarusian Government continues to violate its commitments under the Organization for Security and Cooperation in Europe (OSCE) relating to human rights, democracy and the rule of law, and that at the root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially following the illegitimate 1996 referendum. Although one can point to some limited areas of improvement, such as allowing some opposition demonstrations to occur relatively unhindered, overall OSCE compliance has not improved since the deployment of the OSCE's Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent media and NGOs. The political opposition has been targeted for repression, including imprisonment, detention, fines and harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial appointments. Legislative power is decidedly concentrated in the executive branch of government.   The Commission staff report makes a number of recommendations, which I would like to share with my colleagues. The United States and OSCE community should continue to call upon the Belarusian Government to live up to its OSCE commitments and, in an effort to reduce the climate of fear which has developed in Belarus, should specifically encourage the Belarusian Government, inter alia, to: (1) Immediately release Alyaksandr Shydlauski (sentenced in 1997 to 18 months imprisonment for allegedly spray painting anti-Lukashenka graffiti) and review the cases of those detained and imprisoned on politically motivated charges, particularly Andrei Klymov and Vladimir Koudinov; (2) cease and desist the harassment of opposition activists, NGOs and the independent media and permit them to function; (3) allow the opposition access to the electronic media and restore the constitutional right of the Belarusian people to free and impartial information; (4) create the conditions for free and fair elections in 1999, including a provision in the election regulations allowing party representation on the central and local election committees; and (5) strengthen the rule of law, beginning with the allowance for an independent judiciary and bar.   With Lukashenka's term in office under the legitimate 1994 Constitution expiring in July 1999, the international community should make clear that the legitimacy of Lukashenka's presidency will be undermined unless free and fair elections are held by July 21. The United States and the international community, specifically the OSCE Parliamentary Assembly, should continue to recognize only the legitimate parliament, the 13th Supreme Soviet, abolished by Lukashenka in 1996, and not the post-referendum, Lukashenka-installed, National Assembly. At the time, the United States, and our European allies and partners, denounced the 1996 referendum as illegitimate and extra-constitutional. The West needs to stand firm on this point, as the 13th Supreme Soviet and the 1994 Constitution are the only legal authorities. The democratically oriented opposition and NGOs deserve continued and enhanced moral and material assistance from the West. The United States must make support for those committed to genuine democracy a high priority in our civic development and NGO assistance.   I applaud and want to encourage such entities as USIS, the Eurasia Foundation, National Endowment for Democracy, International Republican Institute, ABA/CEELI and others in their efforts to encourage the development of a democratic political system, free market economy and the rule of law in Belarus. The United States and the international community should strongly encourage President Lukashenka and the 13th Supreme Soviet to begin a dialogue which could lead to a resolution of the current constitutional crisis and the holding of democratic elections. The OSCE Advisory and Monitoring Group (AMG) could be a vehicle for facilitating such dialogue. The Belarusian Government should be encouraged in the strongest possible terms to cooperate with the OSCE AMG. There is a growing perception both within and outside Belarus that the Belarusian Government is disingenuous in its interaction with the AMG. The AMG has been working to promote these important objectives: an active dialogue between the government, the opposition and NGOs; free and fair elections, including a new election law that would provide for political party representation on electoral committees and domestic observers; unhindered opposition access to the state electronic media; a better functioning, independent court system and sound training of judges; and the examination and resolution of cases of politically motivated repression.   Mr. Speaker, there is a growing divide between the government and opposition in Belarus, thanks to President Lukashenka's authoritarian practices, a divide that could produce unanticipated consequences. An already tense political situation is becoming increasingly more so. Furthermore, Lukashenka's efforts at political and economic integration with Russia could have serious potential consequences for neighboring states, especially Ukraine. Therefore, it is vital for the United States and the OSCE to continue to speak out in defense of human rights in Belarus, to promote free and democratic elections this year, and to encourage meaningful dialogue between the government and opposition.

  • 1999: A Critical Year for Belarus

    Mr. Speaker, last month, a Congress of Democratic Forces was held in Minsk, the capital of Belarus. The Congress demonstrated the resolve of the growing democratic opposition to authoritarian President Alyaksandr Lukashenka and the determination by the opposition to have free, democratic elections consistent with the legitimate 1994 constitution.   Earlier last month, on January 10, members of the legitimate Belarusian parliament, disbanded by Lukashenka after the illegal 1996 constitutional referendum which extended his term of office by two years to 2001, set a date for the next presidential elections for May 16. According to the 1994 constitution, Lukashenka's term expires in July. Not surprisingly, Lukashenka rejects calls for a presidential election. Local elections are currently being planned for April, although many of the opposition plan not to participate, arguing that elections should be held only under free, fair and transparent conditions, which do not exist at the present time. Indeed, the law on local elections leaves much to be desired and does not provide for a genuinely free and fair electoral process.   The local elections and opposition efforts to hold presidential elections must be viewed against the backdrop of a deteriorating economic situation. One of the resolutions adopted by the Congress of Democratic Forces accuses Lukashenka of driving the country to “social tensions, international isolation and poverty.” As an example of the heightening tensions, just last weekend, Andrei Sannikov, the former deputy minister of Belarus and a leader of the Charter '97 human rights group, was brutally assaulted by members of a Russian-based ultranationalist organization. Additionally, Lukashenka's moves to unite with Russia pose a threat to Belarus' very sovereignty. Thus, Mr. Speaker, this year promises to be a critical year for Belarus.   Recently, a staff delegation of the (Helsinki) Commission on Security and Cooperation in Europe, which I chair, traveled to Belarus, raising human rights concerns with high-ranking officials, and meeting with leading members of the opposition, independent media and nongovernmental organizations. The staff report concludes that the Belarusian Government continues to violate its commitments under the Organization for Security and Cooperation in Europe (OSCE) relating to human rights, democracy and the rule of law, and that at the root of these violations lies the excessive power usurped by President Lukashenka since his election in 1994, especially following the illegitimate 1996 referendum. Although one can point to some limited areas of improvement, such as allowing some opposition demonstrations to occur relatively unhindered, overall OSCE compliance has not improved since the deployment of the OSCE's Advisory and Monitoring Group (AMG) almost one year ago. Freedoms of expression, association and assembly remain curtailed. The government hampers freedom of the media by tightly controlling the use of national TV and radio. Administrative and economic measures are used to cripple the independent media and NGOs. The political opposition has been targeted for repression, including imprisonment, detention, fines and harassment. The independence of the judiciary has been further eroded, and the President alone controls judicial appointments. Legislative power is decidedly concentrated in the executive branch of government.   The Commission staff report makes a number of recommendations, which I would like to share with my colleagues. The United States and OSCE community should continue to call upon the Belarusian Government to live up to its OSCE commitments and, in an effort to reduce the climate of fear which has developed in Belarus, should specifically encourage the Belarusian Government, inter alia, to: (1) Immediately release Alyaksandr Shydlauski (sentenced in 1997 to 18 months imprisonment for allegedly spray painting anti-Lukashenka graffiti) and review the cases of those detained and imprisoned on politically motivated charges, particularly Andrei Klymov and Vladimir Koudinov; (2) cease and desist the harassment of opposition activists, NGOs and the independent media and permit them to function; (3) allow the opposition access to the electronic media and restore the constitutional right of the Belarusian people to free and impartial information; (4) create the conditions for free and fair elections in 1999, including a provision in the election regulations allowing party representation on the central and local election committees; and (5) strengthen the rule of law, beginning with the allowance for an independent judiciary and bar.   With Lukashenka's term in office under the legitimate 1994 Constitution expiring in July 1999, the international community should make clear that the legitimacy of Lukashenka's presidency will be undermined unless free and fair elections are held by July 21. The United States and the international community, specifically the OSCE Parliamentary Assembly, should continue to recognize only the legitimate parliament, the 13th Supreme Soviet, abolished by Lukashenka in 1996, and not the post-referendum, Lukashenka-installed, National Assembly. At the time, the United States, and our European allies and partners, denounced the 1996 referendum as illegitimate and extra-constitutional. The West needs to stand firm on this point, as the 13th Supreme Soviet and the 1994 Constitution are the only legal authorities. The democratically oriented opposition and NGOs deserve continued and enhanced moral and material assistance from the West. The United States must make support for those committed to genuine democracy a high priority in our civic development and NGO assistance.   I applaud and want to encourage such entities as USIS, the Eurasia Foundation, National Endowment for Democracy, International Republican Institute, ABA/CEELI and others in their efforts to encourage the development of a democratic political system, free market economy and the rule of law in Belarus. The United States and the international community should strongly encourage President Lukashenka and the 13th Supreme Soviet to begin a dialogue which could lead to a resolution of the current constitutional crisis and the holding of democratic elections. The OSCE Advisory and Monitoring Group (AMG) could be a vehicle for facilitating such dialogue. The Belarusian Government should be encouraged in the strongest possible terms to cooperate with the OSCE AMG. There is a growing perception both within and outside Belarus that the Belarusian Government is disingenuous in its interaction with the AMG. The AMG has been working to promote these important objectives: an active dialogue between the government, the opposition and NGOs; free and fair elections, including a new election law that would provide for political party representation on electoral committees and domestic observers; unhindered opposition access to the state electronic media; a better functioning, independent court system and sound training of judges; and the examination and resolution of cases of politically motivated repression.   Mr. Speaker, there is a growing divide between the government and opposition in Belarus, thanks to President Lukashenka's authoritarian practices, a divide that could produce unanticipated consequences. An already tense political situation is becoming increasingly more so. Furthermore, Lukashenka's efforts at political and economic integration with Russia could have serious potential consequences for neighboring states, especially Ukraine. Therefore, it is vital for the United States and the OSCE to continue to speak out in defense of human rights in Belarus, to promote free and democratic elections this year, and to encourage meaningful dialogue between the government and opposition.

  • Legal Status of Religious Groups in the US (1999)

    The United States does not require religious groups to register with the government in order to organize, meet, collect funds, or claim federal tax-exempt status. Such a registration requirement would violate a core freedom guaranteed by the United States Constitution. This overview identifies the underpinnings of this freedom, including a discussion of the United States Constitution's religion and speech clauses. Following this discussion, the issues of association, legal status and tax exemption are addressed. Foundational to civil liberties inthe United States is the principle that government was created by and exists at the will of the people. Governmental power is a limited power conferred to the government by the people. In the United States, the fundamental rights of the individual are paramount and they may only be abrogated by the government under very limited and defined circumstances. Freedom of religion is a fundamental,  natural, and absolute right, deeply rooted in the American constitutional system. Available to all, citizen and non-citizen, the free exercise of religion includes the tight to believe and profess whatever religious belief one desires. Government officials may not compel any person to affirm a religious belief or punish the expression of religious doctrine deemed by officials to be false. The individual's freedom of conscience embraces the right to select any religious faith or none at all. This fundamental right was established by the First Amendment to the United States Constitution, the first of the original Bill of Rights. Specifically, the First Amendment to the Constitution of the United States forbids the government to make any law respecting an establishment of religion or prohibiting the free exercise of religion. While originally an inhibition to action by the United States Congress only, the First Amendment has been made applicable to the individual state governments, as well, through the passage of the Fourteenth Amendment to the Constitution.The First Amendment guarantees that the government may not coerce anyone to support or participate in religion, or otherwise act in a way which establishes a state religion. This constitutional constraint on the government's ability to enact legislation regarding religion has two primary aspects. First, the government is prevented fromenacting a law that requires citizens to accept a particular religious belief. Second, this constitutional provision safeguards the free exercise of each person.'s chosen for of religion. These two interrelated concepts are known, respectively, as the "establishment" and "free exercise" clauses. A Russian translation of the text is available here.

  • The Milosevic Regime Versus Serbian Democracy and Balkan Stability

    This hearing, presided over by the Hon. Chris Smith, then Co-Chairman of the U.S. Helsinki Commission, was held on the fiftieth anniversary of Human Rights Day, when the Universal Declaration of Human Rights was adopted in Paris by 56 members of the United Nations. Regarding the atrocities of Slobodan Milosevic and his regime, then, this hearing’s date was perfectly apropos. The storied crimes by the Milosevic Regime are world renowned. The hearing was held in the wake of actions by the regime taken against Serbia’s independent media. Earlier on, Milosevic refused to acknowledge the results of municipal elections in Serbia, and, of course, the violent conflicts that the regime was culpable for.  

  • The Ombudsman in the OSCE: An American Perspective

    This briefing assessed the role of ombudsmen institutions in the countries of the Organization for Security and Cooperation in Europe from an American perspective. The ombudsman institution was described as a flexible institution; adaptable to national and local government structures in a wide variety of countries, and a brief evaluation of the evolution of this institution was presented. Dean M. Gottehrer, a consultant on ombudsmen in human rights institutions for the United Nations Development Program, Office for Democratic Institutions and Human Rights of the OSCE, and the United States Information Agency, presented a personal analysis of the role of ombudsmen institutions in protecting human rights in OSCE participating states.

  • The Status of Human Rights in Russia

    This briefing addressed the recent changes in the Russian government and what they might portend for human Rights in Russia. Specifically, economic troubles that led to the emergence of extremist politics and subsequent human rights abuses were the main topic of discussion. Witnesses testifying at the briefing – including Rachel Denber, Deputy Director of the Europe and Central Asia Division of Human Rights Watch; Mark Levin, Executive Director of the National Conference on Soviet Jewry; and Lauren Homer, President of Law and Liberty Trust – evaluated the status of human rights abuse in Russia resulting from a mix of repression, corruption, inertia, and neglect. Freedom of speech, freedom of information, and freedom of religion were especially emphasized as aspects of human rights that Russia needs to improve in the future

  • Deteriorating Religious Liberty in Europe

    Senior Advisor to the Commission, E. Wayne Merry, chaired this briefing which was part of a series by the Commission on the subject of religious liberties within the OSCE region. This series was prompted by a perceived developing problem of restrictions on religious liberties in several participating states to the OSCE. At the time, the Commission was devoting most of its attention to the countries that that traditionally had a much more tolerant view toward religious minorities, such as those in Western and Central Europe. Participants in this briefing included Francesca Binda, Karen Gainer, and Paul Rowland, all with the National Democratic Institute (NDI) and International Republican Institute (IRI) personnel Eric Jowett and Kent Patton.

  • Deterioration of Religious Liberty in Europe

    This briefing addressed the persisting question of problems of religious liberty and the patterns of discrimination against religious minorities and other belief groups that had developed in a number of countries in the OSCE region in the aftermath of the Cold War. Efforts of improving religious liberty in former communist countries were discussed, as well as the need for spending time and attention on countries farther west, like France, Belgium, and Austria, in which concern for religious minorities was also expressed. Witnesses testifying at the briefing – including Willy Fautre, Director of Human Rights without Frontiers and James McCabe, Assistant General Counsel of Watchtower Bible and Tract Society – examined the multi-tiered system that European countries employ regarding religion, and the different statuses and treatment of citizens based on where their religion falls within this system. The issues faced by minority religious associations, like being targeted by fiscal services, were also topics of discussion.

  • Belarus Opposition Leaders

    The Commission examined Belarus’ political situation under President Lukashenka, who, on the day of the briefing, had locked the diplomatic corps out of their residences. The briefing explored the development of what some call a dictatorship in Belarus after the fall of the Soviet Union that brought Soviet sentiment back into the political scene. The witnesses - Professor Yury Khadyka and Professor Stanislav Bogdankevich - highlighted the struggle for human rights in Belarus after 1991, when anti-communist rhetoric became a popular national value and during which personal freedom did not was excluded. They also addressed the lack of economic progress under Lukashenko, which goes unnoticed by Western governments.  

  • Report on Ukraine's Parliamentary Election

    Ukraine’s March 1998 parliamentary elections resulted in a parliament similar in composition to the previous parliament, albeit with a somewhat more Communist tilt. The left constituted about 40 percent of parliament’s membership, with the remainder a mix of centrists, independents and national democrats. The new parliament included many new faces - only 141 deputies from the old parliament were in the new one. The parliamentary elections were held under a new election law which replaced the majoritarian system, introducing a mixed electoral system where half of the 450 deputies are elected from single-mandate districts and half from national party lists. While there were violations, transgressions and irregularities during the campaign and voting, Ukrainian voters generally were able to express their political will freely, and the results of the elections do appear to reflect the will of the electorate. The elections were conducted under a generally adequate legal and administrative framework, but the late passage of laws and regulations relating to the election–as well as late decisions regarding the Crimean Tatars—led to confusion and uncertainty about the electoral process. The campaign was generally peaceful in most of the country. However, it was marred by some tension, including incidents of violence, especially in Odesa and Crimea. The failure to allow non-citizen Crimean Tatar returnees the opportunity to vote, in contrast to arrangements that allowed them to vote in the 1994 elections, also tainted the elections. The state apparatus did not always display neutrality, and there were instances of harassment and pressure on opposition media.

  • Status of the Russian Religious Law

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

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